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 230-18(3): Bill 34: Mineral Resources Act - Amend subclause 52(2) by adding (1.2), Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

August 21st

Page 6270

The Chair R.J. Simpson

Thank you. To the motion. Mr. O'Reilly.

Committee Motion 230-18(3): Bill 34: Mineral Resources Act - Amend subclause 52(2) by adding (1.2), Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

August 21st

Page 6270

Kevin O'Reilly Frame Lake

Thanks, Mr. Chair. I can support this motion. I raised this issue when the Tlicho Government appeared before committee. Their land rights agreement actually contains provisions for the beginning, at least, of negotiations on a major mining project that is over $50 million in value, and there is a list of benefits, not unlike other ones that we've heard about here tonight, that a company has to at least initiate discussions with the Tlicho Government around. I said, "If the Tlicho Government actually reached an agreement under the Land Rights Agreement, do you think that would satisfy the requirements of the bill?" They thought that that would be the case, but they were interested in seeing some language around that. Presumably, that is what we have here.

It would be helpful to actually hear at some point from the Minister whether they actually consulted with the Indigenous governments in drafting this because there was a commitment made by the Minister during the clause-by-clause review that that was actually going to happen. I think this provides some greater clarity that this requirement for a benefit agreement with an Indigenous government is not on top of what may already be provided for in a land-rights agreement or perhaps some other arrangement that might be made outside of the statute itself. It is not clear to me who actually makes a determination that the requirements have been satisfied. I am going to hold off on that for right now.

When I raised this with the Minister and his staff during clause-by clause and even before that, they just weren't prepared to do anything about it, quite frankly. I don't know. All of a sudden, this bubbles up out of thin air that all of a sudden, the Minister wants to clarify this. That is great. I just wish that he had done this earlier in connection with the work that committee had done. I am pleased to see it here right now, this evening. Thanks, Mr. Chair.

Committee Motion 230-18(3): Bill 34: Mineral Resources Act - Amend subclause 52(2) by adding (1.2), Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

August 21st

Page 6270

The Chair R.J. Simpson

Thank you. To the motion. Mr. Testart.

Committee Motion 230-18(3): Bill 34: Mineral Resources Act - Amend subclause 52(2) by adding (1.2), Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

August 21st

Page 6270

Kieron Testart Kam Lake

Thank you, Mr. Chair. I think this is a much-needed improvement, as well. I support it. It is important that we clarify this section because there was a great deal of confusion and not just amongst industry looking at the clause and trying to figure it out and providing submissions to the committee's public consultation but also when the committee consulted with Indigenous governments who were involved in co-drafting. There was some confusion as to what benefit agreements are.

I think this is a much-needed improvement to the bill. I think it shows that the Northwest Territories is a place where social licence is a very high priority for our industry, where they have taken great pains to ensure that the conditions contained in Indigenous land rights agreements are carried out to the letter and that benefits are provided to the people who have used the land since time immemorial. I am glad that we finally can turn the page on this in the legislation and we have provided certainty.

I may have more questions if this motion amends the bill. At this point, I am very pleased to see this, and I commend the Minister for bringing it forward. Thank you.

Committee Motion 230-18(3): Bill 34: Mineral Resources Act - Amend subclause 52(2) by adding (1.2), Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

August 21st

Page 6271

The Chair R.J. Simpson

Thank you. To the motion. Minister Abernethy.

Committee Motion 230-18(3): Bill 34: Mineral Resources Act - Amend subclause 52(2) by adding (1.2), Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

August 21st

Page 6271

Glen Abernethy Great Slave

Thank you, Mr. Chair. I would like to request a recorded vote.

Committee Motion 230-18(3): Bill 34: Mineral Resources Act - Amend subclause 52(2) by adding (1.2), Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

August 21st

Page 6271

The Chair R.J. Simpson

The Member has requested a recorded vote. I will put the question to committee. All those in favour, please rise.

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

August 21st, 2019

Page 6271

Committee Clerk Of The House Mr. Rutland

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, the Member for Yellowknife North, the Member for Kam Lake, the Member for Nahendeh, the Member for Frame Lake, the Member for Deh Cho, the Member for Nunakput, the Member for Inuvik Boot Lake, the Member for Range Lake.

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

August 21st

Page 6271

The Chair R.J. Simpson

All those opposed, please rise. All those abstaining, please rise.

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

August 21st

Page 6271

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

August 21st

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The Chair R.J. Simpson

The results of the recorded vote: 15 in favour, zero opposed, one abstention. The motion is carried.

---Carried

To clause 52 as amended. Mr. O'Reilly.

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

August 21st

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Kevin O'Reilly Frame Lake

Thank you, Mr. Chair. With this new wording under clause 52(2), who determines whether this other agreement or arrangement satisfies the requirements of the act? Thank you, Mr. Chair.

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

August 21st

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The Chair R.J. Simpson

Thank you. Ms. McLaughlin.

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

August 21st

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Mclaughlin

Thank you, Mr. Chair. We think that it operates with subsection 1 with the result that the Minister would have to be satisfied.

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

August 21st

Page 6271

The Chair R.J. Simpson

Thank you. Mr. O'Reilly.