This is page numbers 6187 - 6288 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 public.

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Committee Motion 221-18(3): Bill 34: Mineral Resources Act - Amend Clause 24, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair R.J. Simpson

Question has been called. I will allow a last reply to the mover. Mr. O'Reilly.

Committee Motion 221-18(3): Bill 34: Mineral Resources Act - Amend Clause 24, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

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Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thank you, Mr. Chair. I would request a recorded vote, and I will be better at it next time when I ask for that. Thank you, Mr. Chair.

Committee Motion 221-18(3): Bill 34: Mineral Resources Act - Amend Clause 24, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6252

The Chair

The Chair R.J. Simpson

Thank you, Mr. O'Reilly. The Member has requested a recorded vote. All those in favour, please rise.

Recorded Vote
Consideration In Committee Of The Whole Of Bills And Other Matters

August 20th, 2019

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Committee Clerk Of The House Mr. Rutland

The Member for Frame Lake, the Member for Yellowknife North, the Member for Kam Lake, the Member for Nahendeh.

Recorded Vote
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair R.J. Simpson

All those opposed, please rise.

Recorded Vote
Consideration In Committee Of The Whole Of Bills And Other Matters

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Committee Clerk Of The House Mr. Rutland

The Member for Deh Cho, the Member for Nunakput, the Member for Inuvik Boot Lake, the Member for Range Lake, the Member for Great Slave, the Member for Yellowknife South, the Member for Inuvik Twin Lakes, the Member for Hay River South, the Member for Thebacha, the Member for Mackenzie Delta, the Member for Sahtu.

Recorded Vote
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair R.J. Simpson

All those abstaining, please rise.

Recorded Vote
Consideration In Committee Of The Whole Of Bills And Other Matters

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Committee Clerk Of The House Mr. Rutland

The Member for Yellowknife Centre.

Recorded Vote
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair R.J. Simpson

The results of the recorded vote are: 4 in favour, 11 opposed, 1 abstaining. The motion is defeated.

---Defeated

Clause 22 as amended.

Recorded Vote
Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Recorded Vote
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The Chair

The Chair R.J. Simpson

Thank you, committee. Clause 23. Mr. O'Reilly.

Recorded Vote
Consideration In Committee Of The Whole Of Bills And Other Matters

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Kevin O'Reilly

Kevin O'Reilly Frame Lake

It was 24 that I wanted. Sorry.

Recorded Vote
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair R.J. Simpson

Thank you. Clause 23. Does committee agree?

Recorded Vote
Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Recorded Vote
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair R.J. Simpson

Thank you, committee. We're speeding right through. Nothing can slow us down now. Clause 24. Minister Abernethy.

Committee Motion 222-18(3): Bill 34: Mineral Resources Act - Amend Clause 24(7), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Glen Abernethy

Glen Abernethy Great Slave

Thank you, Mr. Chair. I have a motion that clause 24 of Bill 34 be amended:

(a) in subclause (1), by striking out "settlement lands" and substituting with "a settlement area";

(b) in paragraph (3)(b), by striking out "the settlement lands" and substituting "a settlement area;" and.

(c) in subclause (4), by striking out "the settlement lands" wherever it appears and substituting "a settlement area."

Thank you, Mr. Chair.

Committee Motion 222-18(3): Bill 34: Mineral Resources Act - Amend Clause 24(7), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair R.J. Simpson

Thank you. There is a motion on the floor. It is being distributed. The motion is in order. Mr. Testart.

Committee Motion 222-18(3): Bill 34: Mineral Resources Act - Amend Clause 24(7), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Kieron Testart

Kieron Testart Kam Lake

Mr. Chair, a point of order. I am looking at the copy of the motion that has been distributed, and the French translation does not seem to match the English translation. There is a subclause 4, and I can read the French if you like, but I believe you have a copy of this motion as well. I believe this motion is out of order as both sections do not match.

Committee Motion 222-18(3): Bill 34: Mineral Resources Act - Amend Clause 24(7), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6253

The Chair

The Chair R.J. Simpson

We will take a very brief 10-minute recess while I confer with my staff. Thank you.

---SHORT RECESS

Committee Motion 222-18(3): Bill 34: Mineral Resources Act - Amend Clause 24(7), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair R.J. Simpson

The Member has raised a point of order and explained his reasons. I have come to a ruling after conferring with staff, and, although on the face of it this might appear different, the fact is that the French and English versions achieve the same objective and the additional subclause was a choice of the French-language drafter to ensure that the French and English translation achieved the same thing. For further clarity and for the comfort of the Assembly, I am going to turn to the law clerk for perhaps a more detailed explanation, at least more eloquent. Madam Law Clerk.

Committee Motion 222-18(3): Bill 34: Mineral Resources Act - Amend Clause 24(7), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Madam Law Clerk

Thank you very much, Mr. Chairman. I doubt I can be more eloquent than you in that regard, but I can indicate that the French-language drafter felt it necessary, in order to replicate the same concept that is contained within the English version of clause 24(c), to reproduce the clause in its entirety with each section of the changed word. I actually have gone and compared the clause, and, indeed, it is replicated in its entirety with the exception of two words, which appear to connote "settlement area," which I am assuming connote "settlement area." In other words, it was felt necessary to repeat the same clause in order to achieve the same effect as contained in sub (c). This was necessary because both versions are equally authoritative. It is important that they both equally and accurately express the same concept, so sometimes more language is necessary in order to do that.

Committee Motion 222-18(3): Bill 34: Mineral Resources Act - Amend Clause 24(7), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6253

The Chair

The Chair R.J. Simpson

Thank you, Madam Law Clerk, for that explanation. For those who are late joining us, the motion is in order. To the motion.

Committee Motion 222-18(3): Bill 34: Mineral Resources Act - Amend Clause 24(7), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Question.

Committee Motion 222-18(3): Bill 34: Mineral Resources Act - Amend Clause 24(7), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair R.J. Simpson

Question has been called. All those in favour? All those opposed? The motion is carried.

---Carried

To clause 24 as amended. Mr. O'Reilly.

Committee Motion 222-18(3): Bill 34: Mineral Resources Act - Amend Clause 24(7), Defeated
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Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thank you, Mr. Chair. I have some remarks I would like to make about the concept of zones, if I may. I think this is an appropriate time, and I have some questions. I have had a lot of difficulty understanding the rationale for these zones. The way I heard it during the clause-by-clause review is that the department wants to try to encourage mineral exploration and that this was a way to try to do that. I have said that I think that that's a dangerous mixing of objectives, where the department is supposed to be a regulator of mineral rights and at the same time of promoter, and I think that it's not appropriate to mix those roles and the objectives in this bill. That is what I believe this zones portion is really all about. I have not seen anything in writing from Indigenous governments in submissions that I think committee received, that I can recall, nor from industry, requesting the establishment of zones. The representation that we did get from industry on this part of the bill was really about continuing the current practice of prospecting permits and grandfathering that provision into the legislation, which is actually done further down in the bill, and we may get to that if we ever finish, in terms of the transitional provisions. I am trying to understand what the rationale is for this. Can I get the Minister to provide a clear policy rationale? Thank you, Mr. Chair.