Thanks, Mr. Chair. I am still confused. Can I ask the law clerk who determines whether this other arrangement is satisfactory and what happens if there is a dispute? 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.
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Law Clerk
Thank you, Mr. Chair. Ms. McLaughlin is correct. 52(1) provides that the holder of a mineral lease shall enter into an agreement for benefits that the Minister considers appropriate in the circumstances. It would ultimately be the Minister's determination. I do note that the section provides that the Minister may make regulations or that the agreement shall be entered into in accordance with the regulations. I would assume that it would be likely that the regulations will address some of the parameters around this. Although, it then goes on to say that it is the Minister's determination.
In terms of disputes, section 54(1), which we have not come to, would likely operate to resolve disputes that may arise about the new 52(1.2). Thank you, Mr. Chair.
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Kevin O'Reilly Frame Lake
Thank you, Mr. Chair. It looks like the Minister has the ultimate discretion again. After the clause-by clause review, he said they were going to do some more work on this part of the bill. Can the Minister confirm or tell us who he or his staff consulted with in drafting or bringing forward these motions here tonight to make this change to section 52? Thank you, Mr. Chair.
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Wally Schuman
Thank you, Mr. Chair. We engaged with the benefit working group with IGOs. Thank you, Mr. Chair.
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Kevin O'Reilly Frame Lake
Thank you, Mr. Chair. This benefit working group, was this representatives of the Indigenous governments, the Intergovernmental Council secretariat? Did it include other Indigenous governments that are not members of the Intergovernmental Council, like Dehcho First Nations or Akaitcho? What is this benefit working group? Thanks, Mr. Chair.
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Wally Schumann Hay River South
Thank you, Mr. Chair. This advisory group comes from the Intergovernmental Council, and as part of that working group, as well, we talked to TAP, the Technical Advisory Panel, which consisted of the Dehcho and the North Slave Metis Alliance as well. Thank you, Mr. Chair.
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Kevin O'Reilly Frame Lake
Thanks for that. I appreciate that, and I think that it shows that Minister followed through with his commitment. That's great, and I think that these sort of changes should and probably do require consultation with Indigenous governments. Can the Minister indicate whether there were any discussions with industry on these changes? Thank you, Mr. Chair.
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Wally Schumann Hay River South
Thank you, Mr. Chair. We communicated with the Northwest Territories-Nunavut Chamber of Mines on the nature of these changes as well and for general comments. Thank you, Mr. Chair.
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Kevin O'Reilly Frame Lake
Thank you, Mr. Chair. Any other stakeholders communicated with? Northwest Territories Association of Communities, NGOs, some of the parties that did make representations to the standing committee? Thank you, Mr. Chair.
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Wally Schumann Hay River South
Thank you, Mr. Chair. The short answer is no, because there was a short period of time since the clause-by-clause review. Thank you, Mr. Chair.
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Kieron Testart Kam Lake
Thank you, Mr. Chair. On the clause as amended, the new clause 1(2)(b) is saying that the requirements in subsection (1) can qualify if there is an existing agreement, but it also speaks to regulations.
Just for greater certainty, does the Minister envision a situation where, let's say, X mining company applies for a production licence; they meet the qualifications of the Tlicho agreement, for example; and then they go to the Minister and say, "We have this agreement. It meets the Tlicho land rights agreement." Will the Minister then say that that passes muster, "You have your benefits agreement; here is your licence"? Is that what this does now? Thank you, Mr. Chair.
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Faryna
Thank you, Mr. Chair. That would depend on whether that agreement met our requirements to provide proportional benefits, reasonable benefits. However, I don't wish to speculate, but I think that most agreements that are concluded underneath the Tlicho agreement, or at least the requirement to commence negotiations, would certainly meet that requirement. Thank you, Mr. Chair.