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
- Oral Questions
- Members Present
- Prayer
- Minister's Statement 233-18(3): Strengthening the Arctic
- Minister's Statement 234-18(3): Improving Access to Services for Residents of the Northwest Territories
- Minister's Statement 235-18(3): Caribou Range Planning
- Minister's Statement 236-18(3): Early Childhood Development: Access, Affordability and Inclusion
- Recognition of Leo Konge, Western Canada Summer Games Medalist
- Family Violence
- Improving P3 Contracts for Northern Benefits
- Anniversaries of Deh Cho Constituents
- Mine Reclamation along Great Bear Lake
- Recycling in Nahendeh
- Child Care in Fort MacPherson
- Strategic Oil and Gas Ltd.
- Health Care in Nunakput
- Recognition Of Visitors In The Gallery
- Committee Report 34-18(3): Report on the Review of Bill 45: Corrections Act
- Committee Report 33-18(3): Report on Bill 34: Mineral Resources Act
- Motion that Committee Report 33-18(3) be Moved to Committee of the Whole, Carried
- Committee Report 34-18(3): Standing Committee on Social Development Report on the Review of Bill 45: Corrections Act
- Recognition Of Visitors In The Gallery (reversion)
- Acknowledgement 26-18(3): Lyda Fuller - Order of the Northwest Territories Inductee
- Question 833-18(3): Recycling in Nahendeh
- Question 834-18(3): Yellowknife Adult Day Programming
- Question 835-18(3): Improving P3 Contracts for Northern Benefits
- Question 836-18(3): Childcare in Fort McPherson
- Question 837-18(3): Strategic Oil and Gas Ltd.
- Question 838-18(3): South Mackenzie Correctional Centre Therapeutic Model
- Tabled Document 504-18(3): Toward a Plan - Strengthening Canada's Position in the Arctic
- Tabled Document 505-18(3): ommunity Access Program 2018-2019 Results Report, Department of Infrastructure
- Tabled Document 506-18(3): Supporting Access to Child Care in the NWT 2019-2020 Supplementary Action Plan
- Tabled Document 507-18(3): Government of the Northwest Territories Response to Committee Report 23-18(3): Report on the Review of Bill 40: Smoking Control and Reduction Act and Bill 41: Tobacco and Vapour Products Control Act
- Tabled Document 508-18(3): Legislative Assembly Retiring Allowance Fund Financial Statement for the Year Ended March 31, 2019
- Consideration In Committee Of The Whole Of Bills And Other Matters
- Committee Motion 206-18(3): Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - Curriculum for Prospector Training, carried
- Committee Motion 207-18(3): Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - Solutions for Rights Issuance Overlapping Municipal boundaries, Carried
- Committee Motion 208-18(3): Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - Independent Panel to Review Royalties System, Carried
- Committee Motion 209-18(3): Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - Principles, Tools, and Indicators for Performance, Transparency and Accountability, Carried
- Committee Motion 210-18(3): Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - Implementation Plan for Mineral Resources Act, Carried
- Committee Motion 211-18(3): Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - Regulatory Gap Regarding Removal of Drill Core, Carried
- Committee Motion 212-18(3): Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - government Response to Recommendations, Carried
- Committee Motion 213-18(3): Bill 34: Mineral Resources Act - Amend Clause 1 to replace definition of "settlement Lands", Carried
- Committee Motion 214-18(3): Bill 34: Mineral Resources Act - Amend Clause 7(3)(r) adding (r.1), Defeated
- Recorded Vote
- Committee Motion 215-18(3): Bill 34: Mineral Resources Act - Amend paragraph 17.1(1)(q), Defeated
- Committee Motion 216-18(3): Bill 34: Mineral Resources Act - Amend Clause 20 by substituting paragraph (g), Carried
- Recorded Vote
- Committee Motion 217-18(3): Bill 34: Mineral Resources Act - Amend Clause 22, Carried
- Committee Motion 218-18(3): Bill 34: Mineral Resources Act -Amend Clause 22(2), Defeated
- Committee Motion 219-18(3): Bill 34: Mineral Resources Act - Amend Clause 22(7.1), Defeated
- Recorded Vote
- Committee Motion 220-18(3): Bill 34: Mineral Resources Act - Motion to Amend Clause 22 by adding after (7.2), Defeated
- Recorded Vote
- Committee Motion 221-18(3): Bill 34: Mineral Resources Act - Amend Clause 24, Carried
- Recorded Vote
- Committee Motion 222-18(3): Bill 34: Mineral Resources Act - Amend Clause 24(7), Defeated
- Committee Motion 223-18(3): Bill 34: Mineral Resources Act - Amend subclause 24(13), Defeated
- Recorded Vote
- Committee Motion 223-18(3): Bill 34: Mineral Resources Act - Amend paragraph 28(5)(a), Defeated
- Committee Motion 224-18(3): Bill 34: Mineral Resources Act - Amend paragraph 28(5)(a) Carried
- Committee Motion 225-18(3): Bill 34: Mineral Resources Act - Amend subclause 28(5)(a) and (b), Defeated
- Recorded Vote
- Committee Motion 226-18(3): Bill 34: Mineral Resources Act - Amend paragraph 42(5)(a), Carried
- Committee Motion 227-18(3): Bill 34: Mineral Resources Act - Amend subclause 42(5), Defeated
- Recorded Vote
- Committee Motion 228-18(3): Bill 34: Mineral Resources Act - Delete and Replace clause 51, Defeated
- Recorded Vote
- Committee Motion 229-18(3): Bill 34: Mineral Resources Act - Delete and Replace clause 52(1), Carried
- Recorded Vote
- Committee Motion 230-18(3): Bill 34: Mineral Resources Act - Amend subclause 52(2) by adding (1.2), Carried
- Recorded Vote
- Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
- Committee Motion 232-18(3): Bill 34: Mineral Resources Act - Amend paragraph 111(1)(a), Carried
- Committee Motion 233-18(3): Bill 34: Mineral Resources Act - Amend subclause 111(4) to add (4.1), Defeated
- Recorded Vote
- Committee Motion 234-18(3): Bill 34: Mineral Resources Act - Amend subclause 111(4) to add (4.1) and (4.2), Defeated
- Recorded Vote
- Committee Motion 235-18(3): Bill 34: Mineral Resources Act - Amend subclauses 113(1) and (2), Carried
- Committee Motion 236-18(3): Bill 34: Mineral Resources Act - Amend subclause 116, Carried
- Report Of Committee Of The Whole
- Bill 39: Environmental Rights Act
- Recorded Vote
- Bill 42: An Act to Amend the Petroleum Products Tax Act
- Recorded Vote
- Bill 43: An Act to Amend the Income Tax Act
- Recorded Vote
- Bill 46: Public Land Act
- Recorded Vote
- Orders Of The Day
Committee Motion 212-18(3): Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6235
Committee Motion 212-18(3): Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6235

Kevin O'Reilly Frame Lake
Thanks, Mr. Chair. I was in the process of trying to get some clarification about why there is no definition of "prospecting" in the bill. Thank you, Mr. Chair.
Committee Motion 212-18(3): Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6235
Committee Motion 212-18(3): Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6235
Faryna
Thank you, Mr. Chair. So, at this time, because we do not govern land use authorizations and activities and because there is a process in terms of reasonable prosecutions, we do not believe that at this time we need to define "prospecting" as there is an industry understanding of what that means. I think across Canada and across the globe, you can see that there is an industry understanding of what that means. Should there be a need in the future to define "prospecting," we do have the enabling authorities to do that. Thank you, Mr. Chair.
Committee Motion 212-18(3): Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6235
Committee Motion 212-18(3): Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6236

Kevin O'Reilly Frame Lake
Thanks, Mr. Chair. There may be an industry understanding of what "prospecting" is, but it's not outlined in the bill. It requires a licence. You have to get a prospecting licence to do prospecting, but I cannot get a clear answer as to what it really means and what work. I understand, if somebody stakes a claim, only they can do prospecting on the claim, but what if you have a prospecting licence? What can you do off of a mineral claim? Can someone tell me that? Thanks, Mr. Chair.
Committee Motion 212-18(3): Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6236
Committee Motion 212-18(3): Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6236
Faryna
Thank you, Mr. Chair. With a prospector's licence, you can do activities that are below threshold, and those thresholds are set out in the Mackenzie Valley Resource Management Act and the regulations. Thank you, Mr. Chair.
Committee Motion 212-18(3): Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6236
Committee Motion 212-18(3): Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6236

Kevin O'Reilly Frame Lake
Thanks, Mr. Chair. Yes, this is just going in circles, so I think I will stop it there. It's not clear to the public, it's not clear to me, what prospecting necessarily is as authorized under this act. Somebody has to get a licence to do it. It's not clear what it is, where it can be done, whether you have to have a mineral claim to do it or not. I think this is part of the problem here. Thanks, Mr. Chair.
Committee Motion 212-18(3): Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6236

The Chair R.J. Simpson
Thank you. Seeing nothing further, does committee agree we move to the clause-by-clause consideration?
Committee Motion 212-18(3): Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6236
Some Hon. Members
Agreed.
Committee Motion 212-18(3): Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6236

The Chair R.J. Simpson
Thank you, committee. There are 116 clauses in the bill. As I accept there may be a number of amendments that Members wish to move, I am going to take each clause one by one. Committee, we will consider the bill number and title after consideration of each clause. I will begin calling out the clauses one by one. If committee agrees or disagrees with the clause, please respond accordingly. Each Member may get my attention if they wish to speak to any particular clause. The first clause is found on page 10. To clause 1, does committee agree? Minister Abernethy.
Committee Motion 212-18(3): Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
August 20th, 2019
Page 6236

Glen Abernethy Great Slave
Thank you, Mr. Chair. I have a number of motions to make on behalf of the Minister responsible. Shall I proceed with Motion 1? Thank you, Mr. Chair.
Committee Motion 213-18(3): Bill 34: Mineral Resources Act - Amend Clause 1 to replace definition of "settlement Lands", Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6236

Glen Abernethy Great Slave
I move that clause 1 of Bill 34 be amended by deleting the definition "settlement lands," and adding the following definition in alphabetical order:
"Settlement area" means:
(a) the area within the Northwest Territories as described in appendix A to the Gwich'in Comprehensive Land Claim Agreement entered into between Her Majesty the Queen in right of Canada and the Gwich'in, as represented by the Gwich'in Tribal Council, on April 22, 1992, as amended;
(b) the area within the Northwest Territories shown in annex A and described in annex A(1) of the Inuvialuit Final Agreement entered into between the Inuvialuit and the Inuvialuit Settlement Region and the Government of Canada on June 5, 1984, as amended;
(c) the area within the Northwest Territories as described in appendix A to the Sahtu, Dene, and Metis Comprehensive Claim Agreement entered into between Her Majesty the Queen in right of Canada and the Dene of Colville Lake, Deline, Fort Good Hope, and Fort Norman and the Metis of Fort Good Hope, Fort Norman, and Norman Wells, as represented by the Sahtu Tribal Council, on September 6, 1993, as amended;
(d) the area within the Northwest Territories described in parts 1 and 2 of the appendix of chapter 1 of the Land Claims and Self-government Agreement among the Tlicho and the Government of the Northwest Territories and the Government of Canada signed on August 25, 2003, as amended; and
(e) other areas prescribed as settlement areas for the purposes of this act.
Thank you, Mr. Chair.
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