Thank you, Mr. Chair. That's what I wanted to here. If there is a dispute, how soon can, do we have an idea of when this clause is triggered? Sorry, I'll rephrase. Can a production licence be issued if a dispute is in progress, or does a dispute prevent the issuance of a production licence? Thank you, Mr. Chair.
Debates of Aug. 20th, 2019
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.
Topics
Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
August 20th
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Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
August 20th
Page 6275
The Chair R.J. Simpson
Thank you. Can we get an answer from the Minister? I'm going to call for a short recess.
---SHORT RECESS
Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
August 20th
Page 6275
The Chair R.J. Simpson
I call Committee of the Whole back to order. Minister, do you have an answer yet? Ms. Faryna.
Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
August 20th
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Faryna
Thank you, Mr. Chair. In terms of what the act says, there is only the enabling authority that establishes the jurisdiction under section 54. However, I can speak to what is contemplated. I just want to emphasize that this is contemplated only, and as I said earlier, we do need to engage further with the IGC and stakeholders upon this.
However, what we did envision with this dispute resolution body, logically, there would not be things progressing that would make any determination that they made ineffective. It would allow time for the dispute resolution body to make a decision before things moved forward regarding the content of that decision.
We also envisioned that there would be a time limit on a dispute resolution body. This is very common within dispute resolution, but we recognize that it is particularly important here, because a delay can be very detrimental to industry. The dispute resolution body is contemplated to have different time limits set upon their determinations and their hearing processes, but that would have to be set out in the regulations, and it would also have to be subject to further discussions. Thank you, Mr. Chair.
Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
August 20th
Page 6276
Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
August 20th
Page 6276
Kieron Testart Kam Lake
Thank you. This is the first time that this information has come forward, so I appreciate learning it. That is why we are asking these questions.
In the case where there is a project that multiple Indigenous organizations and governments have a claim to, do there need to be agreements in place with all of those parties before a production licence is issued? Thank you.
Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
August 20th
Page 6276
Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
August 20th
Page 6276
Faryna
Thank you, Mr. Chair. I am pretty sure that I got the question, but could you please just repeat it for me? Thank you, Mr. Chair.
Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
August 20th
Page 6276
Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
August 20th
Page 6276
Kieron Testart Kam Lake
Thank you. If there are multiple Indigenous land rights holders or rights holders who are all subject to an area where there is a production project, do they all need to have benefit agreements in place before a licence will be issued? Thank you.
Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
August 20th
Page 6276
Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
August 20th
Page 6276
Faryna
Thank you, Mr. Chair. In order to meet the requirement under this part for benefit agreements, the way that the enabling authorities are set out, yes. To meet the requirement, they do need to complete the agreements with all Indigenous governments or organizations that the Minister considers appropriate in the circumstances.
However, that would be subject to any dispute resolution that arose, and the timing in regards to their production licence would be set out in the regulations. That tethers there, it is clear that that's the phase that we are talking about, but the linkages that you are talking about are not in the bill itself. Thank you, Mr. Chair.
Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
August 20th
Page 6276
Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
August 20th
Page 6276
Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
August 20th
Page 6276
Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
August 20th
Page 6276
Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
August 20th
Page 6276
Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
August 20th
Page 6276
Kieron Testart Kam Lake
At this point, is there any clarity that the Minister can provide on what timelines are contemplated for the dispute resolution process? Thank you.
Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
August 20th
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Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
August 20th
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Wally Schumann Hay River South
Thank you, Mr. Chair. That will have to be determined when we develop the regulations. Thank you, Mr. Chair.
Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
August 20th
Page 6276
Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
August 20th
Page 6276
Kieron Testart Kam Lake
Again, the Minister has said that this will be a decision of the 19th Assembly. Will these regulations also be subject to direction from the 19th Assembly? Thank you.
Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
August 20th
Page 6276
Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
August 20th
Page 6276
Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
August 20th
Page 6276