This is page numbers 4253 – 4284 of the Hansard for the 17th Assembly, 5th Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was land.

Topics

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Is committee agreed?

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Some Hon. Members

Agreed.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Thank you. We will commence with that after a brief break. Thank you.

---SHORT RECESS

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

I’d like to call Committee of the Whole back to over. We have before us today Bills 1, 2 and 3, starting with Bill 1, Reindeer Act. I’d like to ask Premier McLeod if he would like to deliver his opening comments. Premier McLeod.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Bob McLeod

Bob McLeod Yellowknife South

Thank you for the opportunity to speak to the Bill 1, the Reindeer Act. The passage of this legislation is an important step towards implementing the Northwest Territories Lands and Resources Devolution Agreement.

The Department of Environment and Natural Resources will administer the Government of the Northwest Territories’ new authorities under the Reindeer Act.

Under the Devolution Agreement, the GNWT is committed to “substantially mirror” Canada’s statutes and regulations that are being repealed or made inapplicable to all land, except federally

retained land, transferring to the GNWT through devolution.

The mirroring exercise means that the new GNWT laws will address the same matters, in substantially the same way, as federal laws do now. Mirroring principles limited changes to addressing issues such as outdated language and applying GNWT drafting standards.

Mirrored legislation is a practical first step to ensure a continued delivery of services on April 1, 2014. Mirrored legislation also ensures that there are no legislative gaps or overlaps between the GNWT and Canada.

The parties to the Devolution Agreement entered into a Protocol for Review of Devolution Legislation Agreement. Under this protocol, all parties have had the opportunity to review and comment on this legislation before it was introduced in the Legislative Assembly. We have considered these comments carefully in the preparation of the bill before you.

The Reindeer Act will provide the Government of the Northwest Territories with the authority to make regulations governing the management and protection of reindeer. The bill also provides the GNWT with the authority to enter into agreements for herding of reindeer.

I would be pleased to answer any questions Members may have. Thank you.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Thank you, Premier McLeod. I will now ask the chair of the Standing Committee on Priorities and Planning if she could please deliver the committee’s remarks. Ms. Bisaro.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Wendy Bisaro

Wendy Bisaro Frame Lake

Thank you, Madam Chair. The Standing Committee on Priorities and Planning has reviewed Bill 1, Reindeer Act.

Pursuant to the Northwest Territories Lands and Resources Devolution Agreement, Bill 1 mirrors the Government of Canada’s Northwest Territories Reindeer Regulations as provided for in the Northwest Territories Act.

This act applies to all matters respecting reindeer that were previously governed by the federal Northwest Territories Act and Northwest Territories Reindeer Regulations.

Following the clause-by-clause review, a motion was carried to report Bill 1 to the Assembly as ready for further consideration in Committee of the Whole.

This concludes the committee’s general comments on Bill 1. Individual Members may have additional questions or comments as we proceed. Thank you, Madam Chair.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Thank you, Ms. Bisaro. I’d like to ask Premier McLeod if he would like to bring witnesses into the Chamber.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Bob McLeod

Bob McLeod Yellowknife South

Yes, I would, Madam Chair.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Thank you. Does committee agree?

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Some Hon. Members

Agreed.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Agreed. Thank you. I’ll ask the Sergeant-at-Arms to escort the witnesses to the table.

Premier McLeod, for the record could you please introduce your witnesses.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Bob McLeod

Bob McLeod Yellowknife South

Thank you, Madam Chair. On my right I have Kelly McLaughlin, the director of legislation for the Department of Justice; and to my left I have Jamie Fulford, legal counsel with the Department of Justice.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Thank you, Premier McLeod. General comments. Mr. Dolynny.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Daryl Dolynny

Daryl Dolynny Range Lake

Great. Thank you, Madam Chair. I’d like to welcome the Premier and staff here today.

With this first bill, this marks the beginning of 10 potential legislations, or 10 legislations that we know of with respect to mirror legislation that will assist in our implementation of devolution. We know that during the clause-by-clause review the question that was asked by a number of Members was why did we not see any type of triggering mechanism formally embedded within this legislation that would force a review of these legislations in due course. An example of what I’m asking is: What prevents us from putting a triggering mechanism for a formal review within a specific time period within all these 10 bills, starting with Bill 1 here, Reindeer Act? Thank you, Madam Chair.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Dolynny. Premier McLeod.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Bob McLeod

Bob McLeod Yellowknife South

Thank you, Madam Chair. I don’t believe anything prevents this Assembly from putting a triggering mechanism in place. I think there would be some issues if the triggering mechanism would fetter future governments. I think that, as a government, we have committed to undertaking a process of educating and making information available on all of the legislation and all the responsibilities that have been devolved, and it was also committed, as I’ve said many times, we will devolve and evolve and we have committed to establishing a process to review throughout the Territories and to look at all of the legislation.

With that, I’ll ask, through you, Madam Chair, the director to go into the legal aspects of the question. Thank you, Madam Chair.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Thank you, Premier McLeod. Ms. McLaughlin.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Mclaughlin

Thank you, Madam Chair. The mirroring of the legislation was done in strict terms, so the federal legislation that is mirrored here did not include a review clause in it in this particular case or in any other case. So, in executing the substantial mirroring requirement of the Devolution Agreement, no provisions were inserted that were not required to address the implementation of the legislation in the territorial context. So, a provision such as a review provision was not inserted at that time. Thank you.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Thank you, Ms. McLaughlin. Mr. Dolynny.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Daryl Dolynny

Daryl Dolynny Range Lake

Thank you, Madam Chair. So, what we’re hearing here is that there’s nothing preventing us from discussing that here today, which I think is important. I think this is what we’ve heard from a number of stakeholders in the Northwest Territories.

I guess I’ll ask another question here. What safeguards do we, as the Legislature, or do we, as the public that we represent, have that there will be a review of this legislation, let’s say, within the next five years? Thank you, Madam Chair.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Dolynny. Premier McLeod.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Bob McLeod

Bob McLeod Yellowknife South

Thank you, Madam Chair. I can only commit to the life of this 17th Assembly.

We, as a government, have committed to undertaking that review. A future government would have to undertake a review to address the five-year window that the federal government has indicated they would be prepared to review the MVRMA in five years. Thank you, Madam Chair.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Daryl Dolynny

Daryl Dolynny Range Lake

Again, I appreciate the Premier’s response, which is also what leads me to some concern that this is basically left in the hands of a future Assembly with a potential review. We’re not guaranteed a review and that’s why I am questioning that here today.

I guess my question is: Is there any opposition, perceived opposition with the government that is proposing this bill, of actually including a review triggering mechanism in this bill and in all other nine subsequent mirror legislation bills? Is there an opposition if an amendment was to be brought to the floor of the House?

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Bob McLeod

Bob McLeod Yellowknife South

What we all agreed to was following the mirroring principles that have been in place and have been followed. There are precedents and also we’ve adhered to the mirroring principles. So through you, Madam Chair, I’ll ask Jamie Fulford to go into those details. Thank you, Madam Chair.