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 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

Okay, that's clear. That grandfathered clause that's going to be carried over, will it be subject to the 15-year period as outlined in clause 11? 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. The time is ticking down. Can the Minister produce an answer? 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. Because the new section 24 is the enabling authority and because 113(5) says that the sections of the mining regulations which have the prospecting permits are deemed to be regulations establishing zones, I would think that the enabling authority applies, and therefore the 15-year rule applies, and it's subject to a review and a renewal. 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. O'Reilly.

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

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thank you, Mr. Chair. Remain in force until amended or repealed to the regulations. That's the case. The old system for zones which were again a tool of government to promote exploration. They all remain in perpetuity, but any zone requested by an Indigenous government will expire after 15 years. That seems inconsistent with how this clause works. In actual effect of an Indigenous government requested zone, it will operate for no longer than 15 years, and then can be renewed, but the ones that the government has created and is carrying over from the old regime, will last forever. That seems to be, perhaps, "unfair" wouldn't be the way to characterize it, but it seems to be inconsistent with section 24. What's the position of the Minister on 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 6257

The Chair

The Chair R.J. Simpson

Thank you. A minute left on the clock. 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. I am not sure if I understood the Member correctly, but if I did, that is not exactly what I said. I said that they would be subject to the 15-year rule, because that is the new enabling authority, and they are due to be established as zones as regulations under that enabling authority. Therefore, they would be subject to a renewal. 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. Forty seconds, 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 6257

Kieron Testart

Kieron Testart Kam Lake

How does industry, then, build a new zone or create a new zone to enable prospecting permits once they expire after 15 years and the act comes into force? 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. Twenty seconds or less. 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. It would as it is set out in the act. There would be a review of the merits, and then it would be a renewal of justice in the same system as the enabling authority says. 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, your time has expired. To clause 24 as amended. Mr. O'Reilly.

Committee Motion 223-18(3): Bill 34: Mineral Resources Act - Amend subclause 24(13), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6257

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Mr. Chair. I move that subclause 24.7 of Bill 34 be deleted and the following substituted:

(7) A zone may be established under subsection (2), and the regulations establishing a zone may set out requirements that the Minister considers appropriate on the Minister's own initiative or as recommended by the proposing Indigenous government or organizations after

(a) the Minister engages with the applicable Indigenous governments and organizations in respect of the requirements; and

(b) a reasonable opportunity has been provided by the Minister for the public to provide comments on the merits of the proposed zone.

Thank you, Mr. Chair.

Committee Motion 223-18(3): Bill 34: Mineral Resources Act - Amend subclause 24(13), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6258

The Chair

The Chair R.J. Simpson

Thank you. There is a motion on the floor. The motion is in order. To the motion. Mr. O'Reilly.

Committee Motion 223-18(3): Bill 34: Mineral Resources Act - Amend subclause 24(13), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6258

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Mr. Chair. I recognize that this is getting late. Committee tried to work with the Minister to propose a number of changes to this concept of zones to put in some checks, and I think that it is fair to say that most of those were incorporated other than what this motion proposes, which is to provide an opportunity for the public to comment on the creation of zones. That opportunity could actually include even industry, of course, because they are part of the public as well. Whether it is an Indigenous government or the Minister does this on his or her own accord, this would provide an opportunity for the public to comment on zones.

If we are going to go through the trouble of creating these zones, the Minister has already publicly said that part of the expectation is that this is going to encourage development, well, let people weigh in and express a view about that. That's what this is about, affording the public an opportunity to comment on the creation of zones. Thank you, Mr. Chair.

Committee Motion 223-18(3): Bill 34: Mineral Resources Act - Amend subclause 24(13), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6258

The Chair

The Chair R.J. Simpson

Thank you. Continue, Mr. O'Reilly.

Committee Motion 223-18(3): Bill 34: Mineral Resources Act - Amend subclause 24(13), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6258

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thank you, Mr. Chair. I requested a recorded vote. Thank you.

Committee Motion 223-18(3): Bill 34: Mineral Resources Act - Amend subclause 24(13), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6258

The Chair

The Chair R.J. Simpson

Thank you. To the motion. Mr. Testart.

Committee Motion 223-18(3): Bill 34: Mineral Resources Act - Amend subclause 24(13), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6258

Kieron Testart

Kieron Testart Kam Lake

Thank you. We're in 2019, we have a very unique circumstances for governance in the Northwest Territories, and we have to continue on the path of reconciliation and respect Indigenous partners. That they have an inherent right to self-government and many of those self-governments have come forward.

In regards to Indigenous governments being involved in the creation of zones, I think that that is important, but at the end of the day, it is the Minister who approves the zone. The Minister is a representative of the public Government of the Northwest Territories for all of the people of the Northwest Territories, and that is his role.

To have an opportunity for the public to comment on the establishment of a zone, which, again, is the Minister's discretion, is not a mandatory decision that is made after an Indigenous government proposes a zone, so I don't think that this impacts the ability of the new special relationships that have been established through zones.

I think that this is important for scrutiny, transparency, and allowing everyone to weigh in, including industry, including civil society, and hold a public representative of government making decisions on behalf of the public government to have those decisions appropriately scrutinized and held to a level of transparency that the public expects in 2019 as well. Thank you, Mr. Chair.

Committee Motion 223-18(3): Bill 34: Mineral Resources Act - Amend subclause 24(13), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6258

The Chair

The Chair R.J. Simpson

Thank you. To the motion. Mr. Nakimayak.

Committee Motion 223-18(3): Bill 34: Mineral Resources Act - Amend subclause 24(13), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6258

Herbert Nakimayak

Herbert Nakimayak Nunakput

Thank you, Mr. Chair. Like other motions, I think that this is getting into the weeds of some of these clauses, and I think that it is a disrespect to Indigenous governments. Sometimes I am listening to this, and I am hearing that this might be mistaken with the Public Land Act. Correct me if I'm wrong, but it definitely sounds that way.

For the sake of effectiveness and expediency, I think that we need to really get to the point of this, stay on point, and focus on what is here. Thank you, Mr. Chair.

Committee Motion 223-18(3): Bill 34: Mineral Resources Act - Amend subclause 24(13), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6258

The Chair

The Chair R.J. Simpson

Thank you. To the motion. The mover has the right to last reply. Mr. O'Reilly.

Committee Motion 223-18(3): Bill 34: Mineral Resources Act - Amend subclause 24(13), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6258

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Mr. Chair. My job is to actually get into the weeds. That is why I am here. I tried to correct the Minister on this; I'm not disrespecting Indigenous governments. This does not take away from Indigenous governments by any stretch of the imagination. Those rights are already protected in other provisions in the bill. This is about affording the public an opportunity to comment on the establishment of regulations that would establish zones. The Minister doesn't even have to listen to whatever the public says. I could say something about how that has played out in the context of this public consultation around this bill, but there is nothing in here that is disrespectful of Indigenous governments by any stretch of the imagination. Thanks, Mr. Chair.

Committee Motion 223-18(3): Bill 34: Mineral Resources Act - Amend subclause 24(13), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6258

The Chair

The Chair R.J. Simpson

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