This is page numbers 5713 - 5790 of the Hansard for the 18th Assembly, 3rd 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 women. View the webstream of the day's session.

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Bill 44: Forest Act
Reports Of Committees On The Review Of Bills

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The Speaker

The Speaker Jackson Lafferty

Bill 44 is now moved for third reading later on today. Reports of committees on the review of bills. Member for Yellowknife North.

Bill 44: Forest Act
Reports Of Committees On The Review Of Bills

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Cory Vanthuyne

Cory Vanthuyne Yellowknife North

Thank you, Mr. Speaker.

Bill 44: Forest Act
Reports Of Committees On The Review Of Bills

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The Speaker

The Speaker Jackson Lafferty

Reports of committees on the review of bills. Item 4, reports of standing and special committees. Member for Yellowknife Centre.

Julie Green

Julie Green Yellowknife Centre

Mahsi, Mr. Speaker. Your Special Committee to Increase the Representation of Women in the Legislative Assembly is pleased to provide its Final Report on Increasing the Representation of Women in the Legislative Assembly and commends it to this House.

INTRODUCTION

The Special Committee to Increase the Representation of Women in the Legislative Assembly ("committee") was tasked to gather information and public input into options on how to support the goal of increasing women's representation in the Legislative Assembly to 20 percent by 2023 and 30 percent by 2027. The committee is pleased to present this final report, which was developed in accordance with committee's mandate as determined by the terms of reference. This report includes consideration of the discussion paper "Temporary Special Measures to Increase the Representation of Women in the Northwest Territories Legislative Assembly" ("discussion paper") presented by the Speaker of the Legislative Assembly in May 2018.

Committee heard overwhelming support for encouraging more women to run for elected seats and increasing the number of women in the legislature. Committee heard the need for more public discussion on how to reach these goals.

During public hearings and stakeholder meetings, committee discussed guaranteed seats, a solution proposed to increase women's representation. Feedback on the discussion paper included discussion of alternative and complementary measures that participants suggested may be considered or may work well in their communities and the Northwest Territories.

In this report, we respond to the discussion paper and briefly discuss gender quotas and guaranteed seats in legislatures in other countries. We report views residents shared with us, including suggestions for other legislative changes; changes to any current rules of the Legislative Assembly; current and related legislation; and policies of the Government of the Northwest Territories and the Legislative Assembly.

The committee makes three recommendations intended to improve conditions for women's engagement in territorial politics.

Finally, the committee urges the Members of the 19th Assembly to continue the work that has begun under this special committee and continue efforts to increase gender equity in the Legislative Assembly.

The committee members thank the communities for their warm welcome and participants for their time and effort in attending the meetings and openly sharing their opinions. Committee is appreciative of all the submissions received, as they informed the committee's discussions and recommendations.

Background

The committee began work on November 28, 2018, and consulted with the public in 10 community hearings throughout the Northwest Territories, as listed in Appendix A of this report. Approximately 120 individuals attended the public meetings, 90 percent being women. Most public hearings were televised and remain accessible on Facebook and Twitter, except where technical challenges prevented the live recording. The committee received 11 written submissions, as listed in Appendix B, and additional requests for meetings with interest groups who had also been invited to provide written submission.

Tasked with identifying barriers that prevent women from running, and recommending incentives that mitigate these barriers, the committee tabled an interim report on March 12, 2019. In accordance with the overall goal of helping increase the representation of women in the Northwest Territories Legislative Assembly, the Committee made seven recommendations which were adopted unanimously by the Members of this House. The interim report is included as Appendix C and is available on the committee's web page.

Four of seven recommendations proposed measures to support work-life balance for parents, introducing childcare-friendly provisions to the Legislative Assembly, and requiring a review of the family-friendliness of this building. The remaining three recommendations provide solutions to removing barriers preventing women from participating successfully in politics: making information on consensus government more accessible; information about the specifics of an MLA's role; and increasing campaign training for women in the NWT.

Mr. Speaker, now turn the reading of this report over to the honourable Member from Thebacha.

The Speaker

The Speaker Jackson Lafferty

Masi. Member for Thebacha.

Louis Sebert

Louis Sebert Thebacha

Thank you.

RESPONSE TO SPEAKER'S DISCUSSION PAPER

An important goal of the discussion paper was to spark public discussion on increasing the representation of women in the NWT Legislative Assembly and the provision of guaranteed seats as a temporary measure to help make this happen.

The discussion prompted by the creation of this committee has only begun, and committee strongly believes it is an important dialogue that needs to continue.

One prominent theme committee heard during public meetings was that conversations on how to increase representation of women are needed in communities and the Northwest Territories, and opportunities should be created for this discussion to continue:

"While we do face barriers, conversations like these start the knowledge sharing that can help to reduce some of the strains and barriers that may deter women from running for any position." (Natasha Kulikowski, Written Submission, 11 April 2019)

Discussing Gender Quotas

There are three main gender quota models in use in other jurisdictions. Two of these, electoral candidate quotas and political party quotas, are reliant upon a party-based political system. The third involves the provision of guaranteed seats. Each of these models intervenes at a different point in the electoral process.

Electoral candidate quotas are a mechanism by which political parties are required to bring a predetermined proportion of female-to-male candidates forward for elections. This model is found to be most effective if it mandates a minimum threshold of 30 percent of women candidates per list. Electoral candidate quotas are often accompanied by sanctions against parties for non-compliance. (Rosen 2017)

Gender quotas are a mechanism to regulate that a percentage of those elected must be women. A quota can also apply to both sexes. In Slovenia, for example, 40 percent of either sex candidates must be included in any list of candidates. Prior to this legal gender quota, women's representation at the national level varied between 14 to 25 percent. (Gaber 2019)

In Canada, the federal Standing Committee on the Status of Women encouraged registered parties to "set voluntary quotas for the percentage of female candidates they field in federal elections and to publicly report on their efforts to meet these quotas after every federal general election." (April 2019 Report).

This model cannot be implemented under the current territorial political system, where candidates run as independents and there are no political parties. Without political parties, there are no party candidate lists, and it is unclear who would bring sanctions and to whom they would be applied if not enough women candidates come forward.

"Absent political parties or proportional representation, the NWT Legislative Assembly has limited structural means to influence the number of women candidates who run in a given election." (Office of the Speaker of the NWT Legislative Assembly, 2018).

A study comparing quota models in 160 countries concluded gender quota legislation is a practical point of departure for those looking to increase women's political representation, but implementation shows significant differences across countries, in quota design and outcomes.

The complexity that exists in the interplay between electoral systems, socioeconomic development status, and the presence of conflict in a country, makes it difficult to predict results for any country based on specific quota models alone (Rosen 2017).

Recent research compared women's combined legislative representation in countries without gender quotas to those with quotas. We find that the representation of women in legislatures with gender quotas is approximately ten percent higher than in countries without quotas (Hughes and Paxton 2019).

Through its research, committee found that quotas have the potential to substantially increase women's representation in national legislatures. In the studies consulted, researchers also agree that quotas, including guaranteed seats, can be a "fast track" to increase women's political representation.

Discussing Measures Increasing the Representation of Women

Committee heard that the discussion paper is a "'wonderful and good first step in efforts to increase the representation of women in the NWT Legislative Assembly" (Wendy Bisaro).

"I cannot stress strongly enough how much I believe greater representation of women in the NWT Assembly is needed. A woman's perspective on just about anything is different from a man's view on the same thing. It is not better or worse, just different." (Wendy Bisaro, Written Submission, 15 February 2019)

Committee was told that the perspective of approximately 50 percent of the NWT's population is missing because women are not adequately represented in the Legislative Assembly. We heard that this absence of the female perspective affects the whole of the population, because those elected are making laws and policies for all residents of the NWT.

The discussion paper offers a proposal on how the NWT Legislative Assembly could reach its goals of 20 and 30 percent women Members by 2023 and 2027, respectively, by applying a system adopted in Samoa, which provides a constitutional guarantee of a minimum of five seats for women.

Committee was often asked why the goal of 30 percent women by 2027 was not set at 50 percent. Some respondents asked that, instead of using special measures, the electoral system be changed to guarantee women 50 percent of the seats, without a time limit. Committee heard that this proposal for temporary special measures does not go far enough and should strive for true gender balance.

"In particular, the Council would like to see the Legislative Assembly fully explore a Gender-Equal Legislative Assembly as this model is consistent with gender equality and involves a democratic process: female and male candidates are voted for by their constituents and one female and one male candidate are elected to the Legislative Assembly per district" (Status of Women Council of the NWT, Written Submission, 3 May 2019)

Twenty years ago, before the creation of Nunavut in 1999, an appointed implementation commission proposed a two-member constituency model for the new territory, recommending a gender-equal Legislative Assembly. A man and a woman would be elected by all voters in each district. The proposal was put to a non-binding public vote in May 1997, resulting in 57 percent of ballots against the idea. Had the system been implemented, Nunavut's Assembly would have been the world's first gender-equal, democratically-elected legislature. Currently, six of 22 Members (27 percent) of Nunavut's Legislative Assembly are women.

During public meetings, we also heard that the temporary measures should in fact ask for 90 percent of guaranteed seats for women for the next 36 years to balance out the inequity of the past, ensuring that 90 percent of legislators are women.

Committee heard a proposal for a system that would guarantee five seats at large for women to join the legislature without having a riding, in addition to the existing riding-based electoral system. Some had reservations about this proposal and stressed that it would put women into an unfair position, having to campaign NWT-wide and having to pay higher campaign costs compared to men who would run for election in local ridings. Given that raising campaign funds is already identified as a barrier to women running, this model was seen as double disadvantage for women.

Committee heard from participants that several countries have established guaranteed seats and that the committee should look to models other than Samoa's before settling on a model.

Mr. Speaker, I would like to turn this report over to the honourable Member for Tu Nedhe-Wiilideh. Thank you.

The Speaker

The Speaker Jackson Lafferty

Masi. Member for Tu Nedhe-Wiilideh.

Tom Beaulieu

Tom Beaulieu Tu Nedhe-Wiilideh

Thank you, Mr. Speaker.

Discussing Guaranteed Seats

Guaranteed or reserved seats are an electoral mechanism that has become a popular tool in modern democracies. The purpose of guaranteed seats is to ensure that representation in legislative assemblies is more reflective of the population being governed.

Countries use guaranteed seats as a mechanism to include populations on the basis of ethnicity, language, religion, geography and/or gender. Legislatures reserving seats on the basis of ethnicity, not based on language, include New Zealand, India, and Rwanda. Countries recognizing language or national identity are predominantly European countries, such as Slovenia and Kosovo. Religious identity is the basis for guaranteed seats in countries in the Middle East and South Asia and geographical representation is used where islands are detached from the nation state's mainland (Fiji, Isle of Man in the United Kingdom).

Many countries have developed gender quota systems in conjunction with other measures imbedded in the countries' socioeconomic realities. In this mix of measures, guaranteed seats may be chosen to address one factor of representation, and in countries with political party systems, electoral lists may be the tool used to establish gender quotas.

Belgium, for example, established guaranteed seats for each of the three language communities of the nation to ensure that each of its communities is represented in the Belgian parliament. Belgium's electoral system is a party-based system with proportional representation. Political parties have to comply with a gender quota and each candidate list must have as many women as men candidates listed. In this way, Belgium applied a gender quota of 50 percent to all electoral lists. This does not guarantee that all women will be elected, however, voters chose from an equal number of women and men when voting.

Rwanda, to ensure long-lasting peace after war and genocide, developed an elaborate system of reserved seats, quotas and other mechanisms to ensure gender and minority representation. Rwanda is also the only country with sanctions for non-compliance of its reserved seat quota.

New Zealand, the first country to make women eligible to vote (in 1893), and to stand for election to parliament (in 1919), has today 49 woman Members of Parliament and surpasses the 40-percent mark in gender representation in its legislature. New Zealand's early path toward gender equity is seen as a combination of political will among parliamentarians, and a desire for equal rights by the Pakeha settler feminists in convergence with Maori women petitioning on land rights and women's rights. Both women's groups continued throughout the country's history to organize advocacy for representation.

New Zealand's voting system includes a number of guaranteed seats for Maori, the Indigenous peoples of New Zealand. Maori representation was guaranteed through the establishment of separate Maori electorates as early as 1867. In 1973, the government introduced the "Maori Electoral Option" allowing electors of Maori descent to choose whether they enrolled in General or in Maori seats. Electoral reforms in 1993 created a Mixed-Member Proportional voting system in New Zealand while maintaining the guaranteed Maori seats.

Today, out of the 120 seats in parliament, 29 belong to members of Maori descent including the seven seats guaranteed for Maori determined by the size of the population who self-identify as having Maori ethnicity. This distribution raised discussions of whether the guaranteed seats are needed.

Many Maori have argued for the retention of guaranteed seats not only as providing guaranteed representation but also as a symbolic recognition and practical manifestation of the Treaty of Waitangi in the New Zealand Parliament. Abolitionists argue it is a flawed model that may sideline Maori concerns.

It is generally believed that the existence of guaranteed seats plays a large part in explaining the larger representation of Maori in Parliament, in particular when comparing to the low representation in Australia of Aboriginal people in political office, where no such measures exist.

Pros and Cons of Guaranteed Seats

Committee heard various views on the proposed solutions to increase women representation in the Legislative Assembly by applying temporary measures. Some found that temporary guaranteed seats are a good measure but had concerns on what the impact would be in the long-term; other rejected the idea of guaranteed seats in principle.

In committee's public hearings, those who spoke against the idea of guaranteed seats had concerns of principle with the idea of reserving seats. Committee heard that guaranteed seats may be seen as a form of tokenism with the negative implication that the seats are held by women lacking merit. In this way, guaranteed seats present 'freebees' or 'pity seats' and were said to possibly hurt women on their path to equality.

We heard concerns that while well-meaning, guaranteed seats for women may be a disservice to women by increasing their vulnerability to harassment and provoking comments disregarding the merit of those women who gained guaranteed seats. Guaranteed seats were described as exposing women to possible stigmatized treatment and gendered comments.

Concern was also raised that women legislators in reserved seats may be more likely to be marginalized from power or cabinet positions. This concern, however, is not limited to guaranteed seats but could apply to all women legislators, under the current system used in the Northwest Territories for the selection of Cabinet Ministers.

The opposite view was also mentioned, that bringing more women into the legislature would ease the stress on the few women who hold seats and who may feel like tokens. In this context, the conflicts that may arise through guaranteed seats were considered temporary.

"If you want to achieve equality in numbers of men and women at the Legislative Assembly, there exists a reasonably easy way of achieving this. It is not my idea but I like it: give each constituency two MLAs, one man and one woman." (Dave Nickerson, Public Hearing Yellowknife, 8 May 2019)

Mr. Speaker, I would like to pass the reading of this report on to the honourable Member for Deh Cho.

The Speaker

The Speaker Jackson Lafferty

Masi. Member for Deh Cho.

Michael Nadli

Michael Nadli Deh Cho

Mahsi, Mr. Speaker.

Considering Guaranteed Seats for Women in the NWT

To achieve the target of 20 percent women in the NWT Assembly of 19 Members, at least four women would need to win seats. Currently, two women hold seats in the NWT Legislature, representing 11 percent of the seats.

The discussion paper shows first, how many guaranteed seats would be required for a 20 and a 30 percent representation of women in the NWT Legislative Assembly. Then, the discussion paper shows how scenarios would have played out in the past NWT elections of 2015, 2011, and 2007. Three additional seats would have been required in 2015 and 2011. Two additional seats would have been required in 2007, as three women were elected. To achieve the target of a 30 percent representation of women, six additional seats would have been needed in 2015 and 2011. Five more seats would have been added in 2007.

The discussion paper sparked discussion on how the model of guaranteed seats could encourage young women to participate more in politics.

"And I really liked how you referenced the Samoa people [...] and their concept of reserved seating and I think that if you wanted to be a bit progressive and move forward and encourage women in politics, that might be one solution to look at. I think what they started out with was they had six reserved seats, and not all of them were filled the first time they started that, but I think that might encourage more women to come out if you have that sort of model to go after as well. (Jessica Landry, Public Hearing Detah, January 16, 2019)

Committee heard questions with regard to the discussion paper's proposals. For example, if five additional women members are appointed through this model, how would the Cabinet and Regular Members function? Would Cabinet be larger? Would Regular Members number 16 with a seven-member Cabinet? Others wondered how the additional seats would be funded, and how the possible higher representation of women for Yellowknife would be dealt with.

"Since the beginning, there have only been 12 women. Six of them are indigenous women, like Lisa Laurier, Nellie Cournoyea, Ethel Blondin-Andrew, Lena Pederson, Helen Maksagak, Manitok Thompson" (Jane Groenewegen, Public Hearing Hay River, 9 January 2019).

Committee heard a variety of comments, including that incumbent women who do not win their seat back should be excluded from reserved seats. Confusion was expressed regarding how the guaranteed seats relate to women candidates, who only narrowly lose against their male competitors. It was also suggested that seats should be given to those candidates who were successful in getting high voter percentages.

Another option suggested in the discussion paper is to allocate additional seats to constituencies with the "highest level of relative underrepresentation" according to the findings of the Electoral Boundaries Commission. The last commission report (2013) identified Monfwi, Yellowknife, and the Sahtu as relatively under-represented.

The discussion paper identified several areas for additional study, such as the make-up of Cabinet; how vacancies would be filled between general elections; and whether additional women members would represent specific ridings or the NWT at large.

The discussion paper concludes that the measures proposed could be put in place for a limited time, such as two or three elections, and then automatically sunset. In the meantime, if targets were met through the normal electoral process, no extra, guaranteed seats would be needed.

Committee did not hear a discussion on the temporary nature of the proposed scenarios specifically, or options for alternative time frames.

Additional Suggestions

Committee was asked to consider a quota for women ministerial positions, in addition to guaranteed seats for women legislators. Setting a minimum number of women ministers was described as the "true" factor in gender equality. Recommendations by the federal Standing Committee on the Status of Women encouraged changes in electoral politics to achieve more gender equality. Electoral district associations would set goals and publicly report on their efforts, including achieving gender parity on their boards of directors and positions of leadership (House of Commons 2019).

There have been calls for position quotas in leadership in other countries. For example, changes proposed to the Maldives government included introducing a mandatory quota of 30 percent for women in leadership positions, and at least one vice president in political parties with more than one deputy leader.

OTHER CHANGES REQUIRING LEGISLATIVE CHANGE

Research demonstrates that we often find a combination of several measures working together: creating discussion and lobbying platforms for women; allocating funds for training and skills-building; establishing women's wings and committees; and legislating -- oh, sorry. My apologies, Mr. Speaker.

Plebiscite

Committee believes that women holding a greater share of seats in the Legislative Assembly will have multiple beneficial effects for the NWT. The most direct and immediate impact will be increased equality of representation and the inclusion of missing perspectives. Increasing women's participation will also affect the performance of politics in the areas of policymaking, public opinion, and the legislature as workplace.

Committee heard that temporary special measures should be a plebiscite issue. If guaranteed seats are deemed necessary in the NWT, they would have to be legislated as suggested in the Speaker's discussion paper.

Two plebiscites have been held in the Northwest Territories, one in 1982 on the division of the territories, and a second one 10 years later in 1992 on the boundary between the NWT and Nunavut. The first plebiscite also began with a recommendation made by a special committee of the Assembly.

Committee notes the agreement on increasing gender equity and the number of women in the Legislative Assembly based on public hearings and submissions received. However, agreement on how to best achieve this goal was not evident.

The committee determined that, should the 2019 election not result in a minimum of 20 percent of women representation, a plebiscite to obtain public feedback on proposed temporary measures to guarantee a minimum number of seats for women in the Legislature, is something that will contribute to the goal of increasing the representation of women in the Assembly.

While the motion adopted by the Legislative Assembly in March 2018 established a goal of 20 percent in 2023, committee is looking for increased representation as soon as the 2019 election. Committee is hopeful that the changes recommended in the interim report will contribute to reaching the goals faster.

Recommendation 1

The Special Committee to Increase the Representation of Women in the Legislative Assembly recommends that if the 2019 election does not meet 20 percent women representation, the 19th Legislative Assembly call a plebiscite to determine which of the options set out in the discussion paper is preferred by the electorate.

OTHER CHANGES REQUIRING LEGISLATIVE CHANGE

Research demonstrates that we often find a combination of several measures working together: creating discussion and lobbying platforms for women; allocating funds for training and skills-building; establishing women's wings and committees; and legislating financial incentives and assistance programs. Committee heard the suggestion of a women's caucus as an idea to be explored and perhaps to be considered in the future.

Committee heard the proposal to consider limiting the number of terms for which an individual MLA could be re-elected. Incumbency was mentioned as one of the biggest struggles to overcome for new candidates. Limiting the number of terms would encourage change and allow a greater number of different individuals to take of the challenge of serving as a Member of the Legislative Assembly. It would also, however, deprive the legislature of the wisdom that comes from having experienced MLAs in office.

"I used to think two terms should be the limit. I did not realize then that one term is barely enough to understand what you are doing. So maybe three terms, that would be 12 years. It is hard to say. Incumbency is such an obstacle. (Chris Westwell, Public Hearing Fort Smith, 8 January 2019).

Another suggestion is rotating of the Deputy Speaker among men and women MLAs. In this proposal, there would be two Deputy Speakers, one woman and one man, and a rule that requires the Deputy Speakers to alternate when taking on their duties.

Mr. Speaker, I now pass the reading of the next section to my honourable colleague for Range Lake. Mahsi.

The Speaker

The Speaker Jackson Lafferty

Member for Range Lake.

Caroline Cochrane

Caroline Cochrane Range Lake

Thank you, Mr. Speaker.

Election Expense Rebate

The Northwest Territories Elections and Plebiscites Act limits the allowable amount of personal funds a candidate may spend on her or his candidacy to $30,000. Committee heard a proposal to reduce this amount to $20,000 because first, this high amount sets a bar and may have potential candidates shy away from running, and secondly, in the past, very few candidates in the Northwest Territories have spent more than $20,000 on their campaign.

"A suggestion I would make is to lower that amount so that the total of expenses isn't $30 grand. It could be brought to $20. I mean, look at the last election, the average for a winning seat of spending has been something like $15,000 dollars. So spending $30 grand doesn't happen to win you anything, but having that out there as the upper layer certainly does set a tone and that can very easily scare somebody off." (David Waslyciw, Public Hearing Yellowknife, 8 May 2019).

In most of Canada's jurisdictions, the definition of election expenses includes all costs incurred to promote the election of a candidate or a political party and is determined in legislation. Reimbursement of part of the election expenses to candidates is provided in most jurisdictions with the exception of Alberta and British Columbia, and the three territories.

Where reimbursement is available, it is most often based on the candidate having received a minimum of votes, ranging between 5 (Prince Edward Island) and 15 percent (Saskatchewan) of the valid votes cast in their constituency. Candidates who qualify for reimbursements of election expenses may receive between 15 (Canada) and 60 percent (Saskatchewan) of their qualifying expenses, depending on jurisdiction and additional rules.

"It is more the financial issues, how do we run, how do we set up office, get campaign material, [...] a fund would make it easier." (Priscilla Canadian, Public Hearing Fort Providence, 10 January 2019)

Committee heard many comments on the subject of campaign funding and election expenses which is perceived by some women to be a barrier to entering politics. Participants noted that no legislation pertaining to women's access to political financing exists, nor are there organizations in place in the NWT to support women running for office as are found in other jurisdictions. Paying for campaigns was described as tough and fund-raising was also described as difficult. Women explained that they are not comfortable being fundraisers. Many mentioned they do not like the idea of going door-to-door and asking for money.

Women told the committee that they struggle with raising the money required to run an effective campaign. While initiatives like the Campaign Schools can help teach how to overcome this problem, financial incentives and assistance programs would provide additional help to women to run for elected seats.

The committee's research found that formal mechanisms to level the playing field between men and women do not exist in the Northwest Territories. Ideally, up-front financial support would enable non-privileged women to have the funds to run for office. However, it was noted a general mechanism reducing the financial burden after a campaign would also help women. One suggestion made to committee was to provide election expense rebates for women candidates.

Committee considered the recommendation of a NWT election expense rebate and conducted an analysis of how much a rebate program would cost. In the past three elections, candidate expenses varied among ridings and by candidate. The committee looked at how much a rebate program would cost, using certain parameters.

First, any money contributed to the campaign was not counted towards an eligible expense, with the exception of a donation by the candidate themselves, so only money spent by the candidate, that was not covered by a donation was considered an eligible expense for the rebate. Second, a candidate was required to receive a minimum of five percent of the total votes in that riding to be eligible for a rebate. Finally, the committee decided that a cap should be in place, and only allow a 50 percent rebate for eligible election expenses.

The committee looked at two options for this. The first cap was set at $10,000, so a candidate would be eligible for a maximum rebate of $5,000. The second cap was set at $6,000, meaning a candidate would receive a maximum of $3,000 back. In Appendix C, the results of the committee's research are presented, with expenses being listed and possible rebates calculated.

The committee found that women would benefit from a rebate, as female candidates have historically spent more out of pocket than male candidates. In both scenarios, the rebate amount calculated for women would have been higher than for men. Considering scenario two with a cap of $6,000, the average rebate for women would have been $1,430, while for men it would have been $910.

The benefit of a rebate appears larger for women than for men as committee's research has found that in the NWT, women expend more of their personal money for their campaigns. This result confirms the information committee heard from women and their expressed discomfort with raising funds and asking for money. Providing partial reimbursement of candidate election expenses under specified conditions contributes to the removal of barriers for women to run and maintains a fair regime for all candidates.

Based on numbers from the past three elections, the overall cost to government would come to about $60,000 every four years to allow for an election expense rebate.

Recommendation 2

The Special Committee to Increase the Representation of Women in the Legislative Assembly recommends to the Legislative Assembly to create an election rebate for candidates who receive at least 5 percent of the votes cast in her or his electoral district in the NWT, reimbursing 50 percent of eligible personal election expenditures up to a maximum rebate amount of $3,000.

Mr. Speaker, I would like to turn the reading over to the Member from Nunakput. Thank you.

The Speaker

The Speaker Jackson Lafferty

Masi. Member for Nunapkut.

Herbert Nakimayak

Herbert Nakimayak Nunakput

Thank you, Mr. Speaker.

Going Forward

Committee heard from the public that access to role models, mentorship and networking are needed and wanted factors in developing skills and confidence to be successful in politics. Women pointed out that there is a need to increase the opportunities for training in leadership and public speaking. Women mentioned that the creation of local and community discussion groups for women only would be particularly beneficial for women to exchange opinions and develop electoral positions. It was pointed out that these opportunities are currently rare or non-existent and that this gap presents a serious deterrent to female candidacy.

"To have a women-in-leadership course would reinforce a lot of us here to be more confident, and I think by having the course in the community, you will see women come forward." (Joyce McLeod, Public Hearing Fort Providence, 10 January 2019)

NWT Women Lead in Community Leadership

Committee heard that it is not a question of whether or not women have leadership skills. The problem rather is how to encourage women to make the step from local leadership and regional senior positions into the legislature. In addition, it was pointed out that there have been many women deputy ministers in the territorial bureaucracy, raising the question of what it would take to have these women consider and make the move to the legislature and possibly to a role as Cabinet Minister.

Others mentioned that, since there are many women in leadership roles now at the community level, it is support and time that will bring women into the Legislative Assembly. It was stressed that, in addition to and more importantly than Campaign Schools, education is key and it should be part of the dynamic of helping women run. It was mentioned that mentoring and specific training for women, targeted at formalizing leadership skills, would be at least as useful as introducing guaranteed seats.

"Women are as varied in their personal opinions and experience as are men. There should be no assumptions that a "women's issue" impacts or unifies all women in exactly the same way. Strengthen women's advocacy organizations so that the diversity of women's perspectives can be fully represented; including Indigenous women, visible minorities and immigrant women." (Caroline Wawzonek, Written Submission, 1 March 2019)

In 2018, women took many top leadership positions in NWT municipalities; the NWT experienced never before seen numbers of women in leadership at the community level. All four women mayoral candidates in the NWT 2018 fall municipal elections were elected. Committee heard agreement on the need for more promotion to support this change.

A key theme committee heard was that women are comfortable as leaders in their communities but lack connection to formal political spaces. The recent Elect Her report by the House of Commons Standing Committee on the Status of Women also found that there is a gap for women between municipal and national politics. Women generally are motivated to create change and to help people and their communities.

Statistics Canada found that women and men participate in politics in different ways; women tend to spend more time on local and civic issues; and women generally vote at higher rates than men, and women are more likely than men to indicate 'feeling uninformed' as their reason for not voting. (Statistics Canada, House of Commons 2019)

"We need more females in politics because they say women are the future but really it is the female youth that are our future. Having different committees or programs that can help spark female youth interest or get their confidence up can help us." (Female Youth, Public Hearing Tuktoyaktuk, 3 April 2019)

Mr. Speaker, I will now pass it on to the honourable Member for Yellowknife Centre.

The Speaker

The Speaker Jackson Lafferty

Masi. Member for Yellowknife Centre.

Julie Green

Julie Green Yellowknife Centre

Mahsi, Mr. Speaker.

Establish a NWT Leadership Program for Women

Committee took note of research on the effect of female role models in countries with women legislators. Women in the legislature were found to contribute to closing the gender gap in political participation. Current research found that women legislators serve as role models for women and the proportion of women in cabinet has a stronger effect on participation than the proportion of women in parliament. Women in the legislative assembly have a significant impact on increasing electoral participation. (Beauregard 2017, Kittilson 2019, Liu and Bannaszak 2017)

Examples of existing programs include the UN Women's programs on leadership and participation, programs that work with civil society to uphold women's rights, and strengthen arrangements for gender equality and women's empowerment.

Offering workshops in communities was another point committee heard as a good tool to reach women. The Deline Got'ine Government hosted the 'Gender and Resurgence' workshop for Indigenous women in early May 2019, to reflect on women's initiatives.

"If there was a leadership program here like the one they have in Nova Scotia, it would ignite women's political participation. We already have mentors available [...]. If we are looking at the residential school area, that generation created the NWT. The schools these people went to, they have hidden degrees and all the experience and knowledge they have; we could teach our own." (Paula Chinna, Public Hearing Norman Wells, 5 April 2019)

Several times, committee heard the recommendation for a NWT leadership program for women in politics. The 'Indigenous Women in Leadership' program was offered as an example that could be adapted in developing an NWT leadership course for women. It is a five-day course taught by a faculty of the Banff Centre for Arts and Creativity geared to "Indigenous women leaders and managers who are responsible for the future of communities and organizations." The program identifies challenges of leadership pertaining to accountability, performance, decision-making, delegation, and mentoring, including social and economic issues, trends and implications.

Committee heard of women in leadership programs offered by St. Francis Xavier University in Nova Scotia as good examples that if adopted in the NWT would ignite women interest in running for elected seats. The Coady International Institute offers women's leadership programs with a separate program focused on Indigenous women.

The committee recommends that the NWT establish a leadership program specifically in support of developing women leadership. Committee heard at every occasion that women in the NWT require support in leadership development and access to leadership networks. Establishing a women's leadership program in the NWT will address this need.

Recommendation 3

The Special Committee to Increase the Representation of Women in the Legislative Assembly recommends the NWT Legislative Assembly support the new NWT Polytechnic University to establish a leadership program designed to assist women to gain the skills and knowledge to take on leadership roles, including territorial, Indigenous and municipal political positions.

CONCLUSION

Committee was tasked to "identify and implement a wide range of strategies, including positive action, public debate, and training and mentoring for women as leaders, to achieve these goals." The committee was pleased by the level of interest demonstrated by participants during community visits. Committee's work has underlined the existing interest and the need for dialogue on the role of and opportunities for women to participate in territorial politics.

Committee noted in its interim report that, because the realities of each jurisdiction will influence the effects that incentives have on women's participation, electoral systems cannot be the sole tool to increase women's representation. Research confirms that it is important to find that mix of measures that will work best within each socio-economic context. Changing the workplace by providing opportunities for work-life balance also can have a positive effect on increasing the share of women in Legislative Assemblies.

Committee is hopeful that implementation of recommended changes in both, the interim and the final report will advance reaching the proposed goals of this Assembly.

Committee recommends that the 19th Assembly continue the work the committee has begun and further identify the measures that are required to increase the representation of women in the NWT Legislative Assembly.

Mr. Speaker, I seek unanimous consent to waive Rule 100(4) and to have Committee Report 17-18(3), Special Committee to Increase the Representation of Women in the Legislative Assembly Final Report, moved into Committee of the Whole for consideration later today.

---Unanimous consent granted

The Speaker

The Speaker Jackson Lafferty

Committee Report 17-18(3), Special Committee to Increase the Representation of Women in the Legislative Assembly Final Report, has now been moved to Committee of the Whole for further consideration later today. Reports of standing and special committees. Member for Yellowknife North.

Cory Vanthuyne

Cory Vanthuyne Yellowknife North

Thank you, Mr. Speaker. This is the Standing Committee on Economic Development and Environment's Report on Bill 38, Protected Areas Act.

INTRODUCTION

Bill 38, Protected Areas Act, provides the framework for protecting, conserving and maintaining biodiversity, ecological integrity and cultural continuity of the NWT through the creation of a network of permanent protected areas that are representative of the ecosystems and cultural landscape found in the territory.

The bill received second reading and was referred to the Standing Committee on Economic Development and Environment on February 26, 2019.

PUBLIC CONSULTATION

The committee held public meetings in Fort Smith, Hay River, K'atlodeeche First Nation, Fort Providence, Behchoko, Inuvik, Norman Wells, and Yellowknife. Numerous representatives of Indigenous governments, Renewable Resources Boards and non-governmental organizations made public presentations to the committee, either in person or via written submission, including:

  • NWT Metis Nation,
  • K'atlodeeche First Nation,
  • Tlicho Government,
  • Inuvialuit Game Council,
  • Sahtu Secretariat Incorporated,
  • Lutselke Dene First Nation,
  • Dene Nation,
  • City of Yellowknife,
  • Wek'eezhii Renewable Resources Board,
  • Sahtu Renewable Resources Board,
  • Gwich'in Land Use Planning Board,
  • Yamoga Land Corporation,
  • NWT Chamber of Commerce,
  • NWT and Nunavut Chamber of Mines,
  • Canadian Parks and Wilderness Society - Northwest Territories Chapter
  • Ducks Unlimited Canada,
  • Nature United, and
  • A joint submission on behalf of Alternatives North, Ecology North, Canadian Arctic Resources Committee, and Council of Canadians - NWT Chapter

The committee received 20 written submissions. These submissions are attached as Appendix 3. The committee heard broad support for the bill from every presenter, and heard from the Indigenous governments that they were mostly pleased with the drafting process used by the Department of Environment and Natural Resources, although some concerns were noted, which will be addressed later in this report. The committee has decided that it will issue a separate report on the issue of the co-development process used for the post-devolution environmental and resource management legislation.

The committee appreciates the plain language materials supplied by the Minister's office for the public hearings.

The work of the standing committee to amend Bill 38 is set out in this report. The report contains recommendations to government on the development of devolution related legislation, as well as the implementation of this legislation. It also provides a rationale for the motions moved by the committee to amend specific provisions in the bill. These motions are listed in Appendix 1 in order of their appearance in the bill and are referred to in this report by the number assigned in the appendix.

WHAT WE HEARD

This part of the report is organized around the key themes or subject areas raised during the committee's public hearings and in the written submissions received.

Public Registry

Clause 9 of Bill 38 establishes a public registry for protected areas. The committee heard concerns across the territory that the proposed items for inclusion on the registry were too limited in scope, and would not meet the public's expectation for openness and transparency. Several presenters spoke at length about the need for an expanded registry to be included in the bill, and not left to regulations.

While the views of what should be included on the registry did differ, there was broad consensus that what was included in the bill was not adequate. These concerns were raised by not only environmental advocates but also by representatives of the mining industry and business community.

The committee had lengthy deliberations on what to include in the registry to address these concerns. The committee felt it was important to ensure that any official document related to a protected area is included in a registry, including establishment agreements, management plans, formal correspondence to or from a management board and any report on the state of protected areas. The committee also recognizes that there may be some issues of sensitivity, and ensured that some information could be kept off the registry, in accordance with the Access to Information and Protection of Privacy Act. Any changes to the size or status of a protected area will also be recorded on the registry, including any reduction in size and any establishment of a transportation or transmission corridor.

The committee appreciates the Minister's timely responses to committee's questions, and consequently moved Motions 4, 5, 6, 10, 15, 16, and 27 to expand the information that will be included on the registry.

Integration of Co-Management Bodies

In several of the verbal and written submissions received from Indigenous Governments, there was a general concern that the bill must respect any existing land, resources or self-government agreements that have overlapping provisions regarding the conservation of land, cultural sites or ecological areas.

Specifically, there were concerns that the roles of Renewable Resources Boards and Land Use Planning Boards, established under these agreements, were not always clear in relation to the Protected Areas Management Board. Further, Renewable Resources Boards and Land Use Planning Boards were not treated consistently in being given notice or engaged in the review and management of protected areas throughout the bill.

To address these concerns, committee moved the following motions to ensure that Land Use Planning Boards were treated in the same manner as Renewable Resources Boards: 2, 11, 14, 21, and 34.

The committee also found that there were sections of the bill that did not adequately provide for the involvement of Renewable Resources Boards or Land Use Planning Boards in the development of establishment agreements and management plans, as well as being consulted on any transmission or transportation corridors. Accordingly, Committee moved the following motions 13, 18, 19, 25, and 26.

While the committee is confident that these concerns have now been addressed in the relevant sections of the bill, it is evident that better awareness of the paramountcy of the land claim agreements needs to be developed. Therefore, the committee makes the following recommendation:

Recommendation 1

The Standing Committee on Economic Development and Environment recommends that when employing a Technical Working Group for the development of future legislation, the Government of the Northwest Territories include co-management bodies in the process to resolve any conflicts between a provision of that act and a provision found in a land, resources or self-government agreement.

Reports

The committee heard some concerns on the reporting provisions of the bill. While the committee understands the desire to be less prescriptive in the legislation, the committee does recommend that, at the very least, the management boards of the protected areas established under this act be involved in drafting those reports.

Therefore, the committee makes the following recommendation:

Recommendation 2

The Standing Committee on Economic Development and Environment recommends that any required reports on protected areas should be developed in collaboration with the management boards established under this act.

Furthermore, the committee supports the need for flexibility and coordination with other reporting that falls under the Department of Environment and Natural Resources. The committee also notes that there are similar efforts in relation to public reporting on environmental and resource management that have the potential to overlap with the public reporting contemplated in section 97 of Bill 38. For example, the state of the environment reporting proposed in Bill 39: Environmental Rights Act, the state of the environment reporting under section 147(3)(a) of the Mackenzie Valley Resource Management Act, and similar efforts. To help prevent duplication of efforts, the committee makes the following recommendation:

Recommendation 3

The Standing Committee on Economic Development and Environment recommends that any required reports should be coordinated with reports required under other legislation, notably the Mackenzie Valley Resources Management Act and the State of the Environment Report pursuant to Bill 39: Environmental Rights Act, if and when it is passed.

Public Interest

The committee heard from many members of the public that Bill 38 establishes protected areas not just for the benefit of the current population but for future generations as well. There was broad support for this bill, but many comments focused on the importance of protected areas for the future, and that the bill as originally written did not adequately reflect this need.

The committee appreciated hearing from all members of the public who made submissions during the public hearings, and worked diligently to address the broad range of concerns. The committee discussed at length how best to incorporate these issues. The committee felt amending the purpose statement was the most effective way to ensure that the future generations would be considered when decisions were made under this act, and accordingly passed motion 3.

The committee also moved motions 12 and 17 to broaden what could be included in establishment agreements and to ensure that the effects of climate change be considered in management plans.

The committee also wanted to ensure that any area nominated for candidate status be considered in a timely fashion, so as to provide certainty to all parties as to the status of that land. Accordingly, committee moved motion 7. In the event of any reduction in size or delisting of a protected area, committee moved motion 20, to ensure that any adjacent community be consulted.

Transmission and Transportation Corridors

The section of the bill that received the most comment dealt with the establishment of transmission and transportation corridors through a protected area.

Some submissions asked for amendments that would entirely restrict any corridor through a protected area, while others would have allowed for nearly unfettered access to support industrial development. The committee debated these proposals numerous times, and tried to find a balance between them. To that end, the committee moved motion 22 to ensure that prior to any approval of a transmission and transportation corridor, any potential mitigation of potential impact on the biodiversity, ecological integrity and cultural continuity of the protected area be considered. The committee also moved motion 24 to ensure that the public would have an opportunity to comment prior to any corridor being established.

Regular Meetings on Protected Areas

The committee is pleased to see the beginnings of a cooperative and collaborative relationship develop between the Department of Environment and Natural Resources, the Indigenous Governments and organizations and co-management bodies which have a role in preserving protected areas. The committee would like to see this relationship continue to grow. Therefore, the committee makes the following recommendation:

Recommendation 4

The Standing Committee on Economic Development and Environment recommends that the Minister convene regular meetings with Indigenous governments or their designated representatives, protected areas management boards, and relevant co-management bodies for the purpose of promoting cooperative and collaborative working relationships for the effective management of protected areas.

Regulations

The committee heard from numerous Indigenous Governments and organizations that they appreciated the co-operative drafting process that was used on Bill 38, and that they want to see a similar process used for the development of regulations. Accordingly, the committee makes the following recommendation:

Recommendation 5

The Standing Committee on Economic Development and Environment recommends that the Minister develop a process for engaging Indigenous governments in the development of regulations under this and other devolution related legislation.

Clause-By-Clause Review of the Bill

The clause-by-clause review of the bill was held on June 3, 2019. The committee thanks the Honourable Robert C. McLeod, Minister of Environment and Natural Resources, and members of his staff, for their appearance before the committee.

At this meeting, the committee moved 30 separate motions to amend Bill 38. These motions are set out in Appendix 1.

Minister McLeod concurred will all of the committee's motions.

Conclusion

The committee commends the Minister for his willingness to work with committee to expedite the review of Bill 38 in response to public interest and support from Indigenous governments and non-governmental organizations, and working collaboratively with committee on the amendments.

The committee thanks all those who took the time to appear before committee to share their thoughts on this legislation.

Following the clause-by-clause review, a motion was carried to report Bill 38: Protected Areas Act, as amended and reprinted, as ready for consideration in Committee of the Whole.

This concludes the standing committee's review of Bill 38. However, two Members of the committee prepared a dissenting opinion of the report. I will now hand it over to Mr. O'Reilly, the Member for Frame Lake, to read this dissenting opinion. Thank you, Mr. Speaker.

The Speaker

The Speaker Jackson Lafferty

Masi. Member for Frame Lake.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Merci, Monsieur le President.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Introduction

The Standing Committee on Economic Development and Environment was tasked with reviewing Bill 38: Protected Areas Act. Standing committee was able to reach agreement and compromises on a majority of matters. There is recognition of the strong support for the legislation from virtually all presenters in appearances and written submissions. We heard strong support for the co-drafting and co-development process, although there were significant reservations about the tight timelines used in developing this legislation in addition to concerns around the limited time to participate in Standing Committee review of the bill. Co-development of environmental and resource management legislation and regulations is consistent with the Devolution Agreement, section 35 Aboriginal rights in the Charter of Rights and Freedoms and the government's commitment to reconciliation with Indigenous peoples in the Northwest Territories. More is said in our report below.

We appreciate the hard work by standing committee and the Minister to significantly improve the bill by better incorporating co-management, more transparent reporting, increasing access to information and ensuring public participation throughout all aspects of protected areas establishment and management. While we support the expedited timelines to report this bill back to the House, standing committee has accomplished much of the heavy lifting that would have been done if the Technical Working Group had been given sufficient time before the Minister introduced Bill 38 into the House. It is our view that the standing committee also brought value to the legislative process through a focus on accountability, transparency, and public involvement in protected areas establishment and management.

Despite the substantial work of the committee, we believe that there are two major unresolved issues with Bill 38:

  • ministerial discretion over the nominated area process as established under section 10(2)(b) and 10(6); and
  • lack of a clear and unambiguous role for Indigenous governments and co-management authorities in regulation-making under section 98.

MINISTERIAL DISCRETION OVER THE NOMINATED AREA PROCESS

Through working with the Minister and his officials, standing committee gained a better understanding of the protected areas establishment process, including the nomination phase. While committee was initially interested in opening up the nomination phase to public participation, it was brought to our attention that previous efforts under the former Protected Areas Strategy had created high expectations but moved slowly and had some problematic features. For example, there was at least one instance where the lack of interim protection allowed third-party mineral interests to be acquired within the boundaries of a proposed protected area. We agree that the Minister thus had reasonable concerns about this happening again during the nomination phase set out under Bill 38.

Standing committee accepted this need for confidentiality around the nomination process. Some changes to Bill 38 were proposed and accepted that will better reflect a tighter nomination process that expedites the consideration of a protected area to the candidate stage. The candidate area process provides opportunities for public to be engaged on a variety of matters including boundaries.

However, there is still problematic ministerial discretion found in two places in the bill. Section 10(2)(b) requires that the Minister be satisfied that a nominated area "meets the purpose of this act and any prescribed eligibility criteria." The eligibility criteria can be set later in the form of regulations.

Section 10(6) gives the Minister unfettered discretion to reject a nomination, although reasons must be provided to the nominating party. We are of the opinion that this unrestricted discretion is unnecessary and, further, does not serve the public interest. The current ministerial discretion to reject nominations as contained in the bill does not provide sufficient accountability and could very well allow the Minister to reject nominations without shedding any light on the events that may have transpired.

We proposed amendments in Motion 8 to better define "ministerial discretion" in the nomination phase. We adopted additional circumstances, as outlined by the Minister in discussion with committee, as the basis for the discretion set out in section 10(6) and added these to the requirement criteria set out in section 10(b):

  • the nominating party has no asserted or established Aboriginal right or title in the area nominated;
  • the nomination covers all of the public land within an area of asserted or established Aboriginal right or title;
  • the nomination is frivolous, vexatious, or malicious; and
  • the nomination is solely within municipal boundaries.

While we appreciate that there is now agreement that the Minister shall consider nominated areas for candidate protected areas and interim protection, we remain concerned that there are no timelines for a decision by the Minister on a nomination. We are of the view that the nomination process should be done as quickly as possible to ensure that the integrity of the area is preserved and that the public is allowed to engage in the candidate area review process as soon as possible. The real debate and consideration of permanent protection will occur during the candidate area process set out in sections 11-13 of Bill 38. We believe that this public process at the candidate stage satisfies the public right to know information concerning proposed protected areas and allows for adequate and meaningful public participation in the process of determining a protected area.

It is increasingly common for firm timelines to be set out in many environmental and resource management statutes. For example, the Mackenzie Valley Resource Management Act sets out a number of statutory timelines for decisions as follows:

  • section 72.18(1) With respect to a federal area or lands outside a federal area, on an application for the issuance, renewal or amendment of a type A licence, or a type B licence in connection with which a public hearing is held, or if the board intends to consider, on its own initiative, the renewal or amendment of such a licence, the board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the board's intention is published under subsection 72.17(1) or (2) [emphasis added];
  • section 72.18(3) The federal Minister shall, within 45 days after the board's decision is referred to him or her, notify the board whether or not the decision is approved and, if it is not approved, provide written reasons in the notification [emphasis added];
  • section 128(2) The Review Board shall, within nine months after the day on which a proposal is referred to it under section 125 or subsection 126(2) or the day on which it starts to conduct an assessment under subsection 126(3), complete its environmental assessment and make a report of that assessment [emphasis added]; and
  • section 137.4(4) A development certificate shall be issued within 30 days after the first day on which the Review Board has received all applicable decisions [emphasis added].

We are of the view that 90 days should be sufficient for the Minister to make a determination on a nomination and either to reject it with reasons or forward it on to the candidate review process. To remove the unfettered ministerial discretion over the nomination phase and ensure a timely decision on nominated areas, we proposed Motion 9.

Mr. Speaker, I would like to turn the remaining part of the dissenting opinion over to my colleague, the honourable Member for Kam Lake. Mahsi, Mr. Speaker.

The Speaker

The Speaker Jackson Lafferty

Masi. Member for Kam Lake.

Kieron Testart

Kieron Testart Kam Lake

Thank you, Mr. Speaker.

INDIGENOUS GOVERNMENTS AND CO-MANAGEMENT BOARDS IN REGULATION-MAKING

The committee heard that there was a strong desire and need for direct involvement in the regulation-making under Bill 38 and the other post-devolution bills from virtually every Indigenous government and co-management board that presented or made a written submission as shown in the annex to this dissenting opinion. The evidence shows representations were made directly to the Minister about such direct involvement in regulation-making during the co-drafting process, months before Bill 38 was brought before the House. Some Indigenous governments suggested specific wording and precedents. These positions were represented again before the standing committee during its review of Bill 38. The evidence shows that the following Indigenous governments, co-management boards, and organizations have requested direct involvement in the development of regulations under a Protected Areas Act:

  • Dehcho First Nations;
  • Dene Nation;
  • Gwich'in Land Use Planning Board;
  • Gwich'in Renewable Resources Board
  • K'atlodeeche First Nation;
  • North Slave Metis Alliance;
  • Northwest Territory Metis Nation;
  • Sahtu Renewable Resources Board;
  • Sahtu Secretariat Incorporated;
  • Tlicho Government;
  • Wek'eezhii Renewable Resources Board; and
  • Non-Governmental Organizations (Alternatives North, Canadian Arctic Resources Committee, Council of Canadians - NWT Chapter, and Ecology North).

Involvement in regulation-making is consistent with the manner in which Bill 38 itself was developed, as a co-drafting exercise pursuant to the Intergovernmental Agreement on Lands and Resources. Co-management boards also need to be involved. They are established pursuant to constitutionally protected land rights agreements to ensure Indigenous citizens have a meaningful say in NWT resource management. Co-management boards have well-established procedures and processes that can benefit the Government of the Northwest Territories in co-developing regulations. Co-management boards also have jurisdiction over some of the matters likely to be considered in regulations. They would be expected to carry out or coordinate their activities in relation to Bill 38. Thus, it only make sense to engage them in the development of such regulations. Furthermore, it does not serve anyone's interest to allow ambiguity in legislation over the role of constitutionally entrenched bodies and potentially creates a need for judicial review to settle any lack of consistency in the co-management regime.

We believe it is prudent to ensure that all laws respecting lands and resources passed by the Legislative Assembly are consistent with the acts of Parliament and binding legal agreements between the GNWT and Indigenous governments. New laws must also seamlessly integrate into the co-management system as complementary improvements to the overall regulatory system.

Given the extensive areas left to regulations for further detail, it is only reasonable that there be a clear and unambiguous role for Indigenous governments and co-management boards in regulation-making and this must be reflected clearly in Bill 38. This is not a new precedent as such a provision already exists in the Mackenzie Valley Resource Management Act section 143(1):

"The Governor in Council may, following consultation by the federal Minister with the territorial Minister, first nations and the Tlicho Government, make regulations for carrying out the purposes and provisions of this Part and, in particular, regulations..."

Standing committee has not been given any form of assurance from the Minister on what process, if any, there will be in the future for development of regulations under Bill 38 if and when passed, apart from an indication that there will be a pre-consultation assessment and that all legal obligations will be met. During the clause-by-clause review, the Minister was questioned on the next steps and regulation-making. He stated that the Intergovernmental Council is conducting a lessons learned process on the co-drafting experience and that regulation-making will be one of the items discussed.

The Minister's statement during the clause-by-clause review is problematic from a number of perspectives. The Intergovernmental Council does not include all the Indigenous governments and the co-management boards that were part of the co-drafting process for Bill 38 and other post-devolution legislation. It is not clear when the lessons learned process will be completed and whether there will be any agreement on a process moving forward with involvement or engagement in regulation-making. Standing committee has had a very short window to review and recommend improvements to the bill and should not rely on an outside process for any assurance that this important issue will be resolved. In the absence of a clear and unambiguous commitment from the Minister that the co-drafting process will continue on into regulation-making, we are of the opinion that this is insufficient changes are required to the bill to meet the clear expectations and requests as seen in the evidence before the standing committee.

We proposed Motion 29 to ensure there is a defined opportunity for Indigenous governments to receive notice of regulations under Bill 38, to comment on such regulations and a requirement for the Minister to fully consider any representations received. This does not take away from ministerial authority or discretion over regulations but imposes a duty of notice. Such notice is already the practice in some jurisdictions with regard to general regulation making processes whereby drafts are published in a gazette or on-line. For clarity, this duty of notice is a discrete requirement separate from consultation which has far-reaching legal consequences and may impact the ability for swift development and changes to regulations that may be required from time to time. While the motion may not go as far as some Indigenous governments and co-management boards would like, it is at least a start and moves us closer the "cooperative and collaborative governance with Indigenous governments and organizations" as set out in the preamble of Bill 38.

Lastly, in an effort to reach a reasonable compromise, we have put forward Motion 30 that establishes express authority for the Minister to enter into agreements with Indigenous governments and relevant co-management boards as to how engagement will take place on regulations. The amendment we have proposed does not require agreements but creates authority to do so. We note that the Sahtu Secretariat Incorporated indicated in its submission on Bill 38 that such an arrangement has already been drafted for future regulations under Bill 34 Mineral Resources Act. It is only prudent that there be a clear understanding and agreement on a process moving forward for the development of regulations for all post-devolution legislation. This was the promise of devolution and we have a collective duty to ensure its success.

Conclusion

We reiterate our thanks for all those who have worked very hard to bring Bill 38 forward. We eagerly await the promising start of a real conservation economy for the Northwest Territories, as represented by the passage of Bill 38. The standing committee should feel a great deal of satisfaction with the significant improvements to the bill that were achieved through collaboration between its Members and the sponsoring Minister. Our efforts in this dissenting opinion are aimed at making sure we have a well-functioning and timely nomination process for potential candidate areas.

It was our greatest hope that these matters could be resolved through the standing committee review of Bill 38 but with the accelerated timeframe brought to this process that was not possible. We also wish to continue to build the cooperation established in the co-drafting process of Bill 38 into the regulation-making and implementation, in the spirit of reconciliation and collaboration our residents expect. Thank you, Mr. Speaker.

The Speaker

The Speaker Jackson Lafferty

Masi. Member for Yellowknife North.

Cory Vanthuyne

Cory Vanthuyne Yellowknife North

Thank you, Mr. Speaker. I seek unanimous consent to waive Rule 100(4) and to have Committee Report 18-18(3), Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act, moved into Committee of the Whole for consideration later today. Thank you, Mr. Speaker.

---Unanimous consent granted