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 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 6255

Wally Schumann

Wally Schumann Hay River South

I will repeat exactly what I said, Mr. Chair. I said, "I myself have a whole lot of confidence in our partners and Indigenous governments to effectively represent their interests. It seems certain Members may not share that confidence." That's what I said, 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

Page 6255

The Chair

The Chair R.J. Simpson

Thank you, Minister Schumann. One moment.

Thank you, committee. I will rule that there is no point of order, because the Minister used the term "may," and he did not name particular Members, although I can understand the Member's concern. Language perhaps has the potential to cause disorder.

Like I have stated a number of times over this past week, if we can all remain civil and all respect each other's opinions, as there are many differing opinions in this Assembly, we can get through the next few days without any more animosity bubbling to the top. I think that we would all appreciate that, and it would make for a much more productive week for everyone.

To clause 24 as amended. 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

Page 6256

Kieron Testart

Kieron Testart Kam Lake

Thank you, Mr. Chair. Could the witnesses explain how this provision of the act applies to prospecting permits? I hope I've got that right, but I'll just express the concern. The correspondence committee heard from industry that this was broadly supportive of the zones because they have been told, and they see it as an extension of prospecting permits which are under the old mining regulations. Could we have an explanation of how zones apply to that? Thank you.

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 6256

The Chair

The Chair R.J. Simpson

Thank you. Ms. Strand.

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 6256

Strand

Thank you, Mr. Chair. The prospecting permit the way it is right now is an example of an instrument that is issued in a zone. We will have to define what the new instrument is going to be in the new MRA under zones. It could be the continuation of prospecting permits as they stand now, or a modification, or something completely new. 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

Page 6256

The Chair

The Chair R.J. Simpson

Thank you. 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

Page 6256

Kieron Testart

Kieron Testart Kam Lake

Thank you. Which part of the subclauses of clause 24 address the prospecting permit instrument? Thank you.

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 6256

The Chair

The Chair R.J. Simpson

Thank you. Ms. Faryna.

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 6256

Faryna

Thank you, Mr. Chair. Within section 24, section 24 is the enabling authority, the new enabling authority for prospecting permits. You will see, in 113(5), there is a continuation provision. The current regulations that are housed within the mining regulations when this comes into force, will move over. They will be, by all means, open for review and improvements, but they live on under the MRA under that provision as is like the rest of the mining regulations. Therefore, prospecting permits in their current form are transitioned with this bill. 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

Page 6256

The Chair

The Chair R.J. Simpson

Thank you. 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

Page 6256

Kieron Testart

Kieron Testart Kam Lake

Thank you. Would it be fair to characterize this zone section as having nothing to do with prospecting permits in its current form because they are addressed through a transitional provision? Thank you.

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 6256

The Chair

The Chair R.J. Simpson

Thank you. Ms. Faryna.

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 6256

Faryna

Thank you, Mr. Chair. It is actually extremely related because section 24 of the zone is the enabling authority for prospecting permits. Without section 24, we cannot move over the prospecting permits. That's because, as was previously said, prospecting permits is based on zones, and right now, that divide is north and south of 68. 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

Page 6256

The Chair

The Chair R.J. Simpson

Thank you. 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

August 20th, 2019

Page 6256

Kieron Testart

Kieron Testart Kam Lake

Could I just get the section of the transitional provision again, covering the prospecting permits? Thank you.

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 6256

The Chair

The Chair R.J. Simpson

Thank you. Ms. Faryna.

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 6256

Faryna

Thank you, Mr. Chair. It's 113(5). 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

Page 6256

The Chair

The Chair R.J. Simpson

Thank you. 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

Page 6256

Kieron Testart

Kieron Testart Kam Lake

I see that now. Is the plan going forward to better define, I guess on the top of this and what we've heard over the course of the debate is that it's a discrete mechanism or instrument for Indigenous governments to seek greater mining benefits, or encourage more mining exploration in their co-manage areas or traditional territories. That's the explicit purpose of the section.

I think prospecting licences or permits, rather, have a different purpose, a different policy statement, and I think that's why there's the confusion here. I agree 100 percent with the read that the transitional, that these are enabling for those transitional provisions, but this section, it feels orphaned with the stated intent of this.

What is the plan going forward? Is it to do this through the regulations that come next? Is it to provide a legislative amendment to include another subclause that's going to contain zones? The prospecting licences are not clearly defined apart from that traditional provision, and using this section as an instrument. Can we get some clarity on what the policy intention is moving forward as it relates to clearly defining zones as an instrument for prospecting permits apart from a transitional provision? 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

Page 6256

The Chair

The Chair R.J. Simpson

Thank you, Mr. Testart. I'm going to pause your time for a moment. We're going to have to send the Pages home right away so we don't violate any child labour laws, I think, but I want the Assembly to join me in thanking them for spending some long hours with us here. Thank you to all the Pages for all your work.

---Applause

Minister, your mic is on.

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 6256

Wally Schumann

Wally Schumann Hay River South

Thank you, Mr. Chair. We are going to continue prospecting permits. What we are changing is making this not just a tool for our government, but an Indigenous-led partnership to attract responsible exploration, and we'll continue to do that when we do the regs development and have a look at it. 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

Page 6257

The Chair

The Chair R.J. Simpson

Thank you. 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

Page 6257

Kieron Testart

Kieron Testart Kam Lake

Section 24(1) says: For the purposes of the section, applicable in respect of Indigenous governments and organizations, or those Indigenous governments and organizations. That's at the request of a zone. How does industry who basically wants to obtain a prospecting permit, how do they apply for a zone because this section is fairly explicit that it would be an Indigenous government that would have to request a zone be created. How does industry go about doing it, as they did with prospecting permits? Thank you.

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 6257

The Chair

The Chair R.J. Simpson

Thank you. Ms. Faryna.

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 6257

Faryna

Thank you, Mr. Chair. With regard to the prospecting permits, when section 113(5) comes into force, the zone is already created. It is the same zone that we effectively have under the mining regulations right now. Within that zone, a system, there is an ability if you so choose, to obtain a prospecting permit. I think the answer to your question is that it would already be established. Thank you, Mr. Chair.