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

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

August 20th

Page 6272

The Chair

The Chair R.J. Simpson

Thank you. Mr. Testart.

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

August 20th

Page 6272

Kieron Testart

Kieron Testart Kam Lake

Thank you, Mr. Chair. In terms of existing land rights agreements that have conditions for benefits, will those satisfy this section? Thank you.

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

August 20th

Page 6272

The Chair

The Chair R.J. Simpson

Thank you. Minister.

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

August 20th

Page 6272

Wally Schumann

Wally Schumann Hay River South

Thank you. If the IGO says it does, it does. Thank you, Mr. Chair.

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

August 20th

Page 6272

The Chair

The Chair R.J. Simpson

Thank you. Mr. Testart.

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

August 20th

Page 6272

Kieron Testart

Kieron Testart Kam Lake

For greater clarity, the government will not attempt to bring forward regulations that contradict or add conditions above and beyond what are included in land right agreements? Thank you, Mr. Chair.

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

August 20th

Page 6272

The Chair

The Chair R.J. Simpson

Thank you. Ms. Faryna.

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

August 20th

Page 6272

Faryna

Thank you, Mr. Chair. They cannot contradict, because we have a prevailing clause in the earlier section of our bill. Thank you, Mr. Chair.

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

August 20th

Page 6272

The Chair

The Chair R.J. Simpson

Thank you. Mr. Testart.

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

August 20th

Page 6272

Kieron Testart

Kieron Testart Kam Lake

Will there be additional requirements put onto those agreements if they are brought forward to the Minister, above and beyond what are contained in the land rights agreements? Thank you.

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

August 20th

Page 6273

The Chair

The Chair R.J. Simpson

Thank you. Ms. Faryna.

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

August 20th

Page 6273

Faryna

Thank you, Mr. Chair. There might be different requirements, because ours is for benefits. It's for a benefit agreement. It's not exactly the same as what is reflected in the land claim agreements.

However, as we said, the point of this clause is to clarify that, if there is an agreement that is concluded in another manner, such as under the purposes of a land claim agreement, and it has benefits, especially if the IGO brings to us the position that it provides appropriate benefits, then we would take it, and it would meet the requirements under this act. Thank you, Mr. Chair.

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

August 20th

Page 6273

The Chair

The Chair R.J. Simpson

Thank you. Mr. Testart.

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

August 20th, 2019

Page 6273

Kieron Testart

Kieron Testart Kam Lake

Well, we got there. Thank you for the clarification. That is exactly what I was looking for. My next question is: for an unsettled area, where a production licence is sought in an unsettled area, what is the process for that? Thank you.

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

August 20th

Page 6273

The Chair

The Chair R.J. Simpson

Thank you. Ms. Faryna.

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

August 20th

Page 6273

Faryna

To clarify, the question is: what is the process for benefit agreements in an unsettled area? Thank you, Mr. Chair.

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

August 20th

Page 6273

The Chair

The Chair R.J. Simpson

Mr. Testart.

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

August 20th

Page 6273

Kieron Testart

Kieron Testart Kam Lake

Yes, where there is not an existing land rights with benefit provisions within that land rights agreement. Thank you.

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

August 20th

Page 6273

The Chair

The Chair R.J. Simpson

Thank you. Ms. Faryna.

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

August 20th

Page 6273

Faryna

Thank you, Mr. Chair. The process would be that which is set out within this act and the regulations in terms of a benefit agreement, but again, section 53 clarifies that, if there was another agreement that provided benefits for another purpose that existed within that unsettled territory, if it met the requirements under this act, we would take it as a benefit agreement, and it does not need to be a separate agreement to meet our requirements. Thank you, Mr. Chair.

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

August 20th

Page 6273

The Chair

The Chair R.J. Simpson

Thank you. Mr. Testart.

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

August 20th

Page 6273

Kieron Testart

Kieron Testart Kam Lake

Just for greater clarity, if an Indigenous government and a company negotiate an agreement, and the Indigenous government feels that it is satisfactory in an area without a signed land rights agreement, and they bring it forward, will the government accept that agreement, or will they say that it is insufficient to meet the criteria set out in regulations?

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

August 20th

Page 6273

The Chair

The Chair R.J. Simpson

Thank you, Mr. Testart. Ms. Faryna.

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

August 20th

Page 6273

Faryna

Thank you, Mr. Chair. Because this has not come to pass yet, I will have to just try and predict. However, the point of this whole part, in terms of section 52, 53, and onwards, is to allow Indigenous governments to determine their own needs and whether they are met. Therefore, if an Indigenous government said that the agreement that was concluded contains benefits that were appropriate for them, then yes, I don't think that we would challenge them on that. Thank you, Mr. Chair.

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

August 20th

Page 6273

The Chair

The Chair R.J. Simpson

Thank you. Mr. Testart, your questioning has turned a little hypothetical. You are putting hypotheticals to the witnesses. I am sure that they can be rephrased in other ways, so just keep that in mind. Mr. Testart.