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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Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

August 20th, 2019

Page 6276

Kieron Testart

Kieron Testart Kam Lake

Nothing further, Mr. Chair.

---Clauses 54 through 110 inclusive approved

Committee Motion 231-18(3): Bill 34: Mineral Resources Act - Amend Clause 53, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

August 20th

Page 6276

The Chair

The Chair R.J. Simpson

Clause 111. Minister Abernethy.

Committee Motion 232-18(3): Bill 34: Mineral Resources Act - Amend paragraph 111(1)(a), Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

August 20th

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Glen Abernethy

Glen Abernethy Great Slave

Thank you, Chair. I move that paragraph 111(1)(a) of Bill 34 be amended by striking out "and" at the end of the English version of subparagraph (vi), and adding the following after paragraph (vi):

(vi.1) prescribing areas as settlement areas for the purposes of paragraph (e) of the definition "settlement area."

Thank you, Mr. Chair.

Committee Motion 232-18(3): Bill 34: Mineral Resources Act - Amend paragraph 111(1)(a), Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

August 20th

Page 6276

The Chair

The Chair R.J. Simpson

Thank you. There is a motion on the floor. The motion is in order. To the motion. Minister Abernethy.

Committee Motion 232-18(3): Bill 34: Mineral Resources Act - Amend paragraph 111(1)(a), Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

August 20th

Page 6276

Glen Abernethy

Glen Abernethy Great Slave

Thank you, Chair. This just keeps the piece of legislation consistent with our previous motions. Thank you.

Committee Motion 232-18(3): Bill 34: Mineral Resources Act - Amend paragraph 111(1)(a), Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

August 20th

Page 6277

The Chair

The Chair R.J. Simpson

Thank you. To the motion.

Committee Motion 232-18(3): Bill 34: Mineral Resources Act - Amend paragraph 111(1)(a), Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

August 20th

Page 6277

Some Hon. Members

Question.

Committee Motion 232-18(3): Bill 34: Mineral Resources Act - Amend paragraph 111(1)(a), Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

August 20th

Page 6277

The Chair

The Chair R.J. Simpson

Question has been called. All those in favour? All those opposed? The motion is carried.

---Carried

Clause 111. Mr. O'Reilly.

Committee Motion 233-18(3): Bill 34: Mineral Resources Act - Amend subclause 111(4) to add (4.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

August 20th

Page 6277

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thank you, Mr. Chair. I move that Bill 34 be amended by adding the following after subclause 111(4):

(4.1) The Minister may establish one or more agreements with Indigenous governments or organizations in the Northwest Territories as to how the Commissioner in Executive Council will engage with those parties in exercising the regulation-making powers under this section.

Thank you, Mr. Chair.

Committee Motion 233-18(3): Bill 34: Mineral Resources Act - Amend subclause 111(4) to add (4.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

August 20th

Page 6277

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 233-18(3): Bill 34: Mineral Resources Act - Amend subclause 111(4) to add (4.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

August 20th

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Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thank you, Chair. This is to amend the regulation-making powers of the Minister to basically authorize the Minister to enter into agreements with Indigenous governments on how the regulation-making might be carried out under this bill. This is enabling. This does not require the Minister to enter into such agreements. I think this is a helpful amendment in setting out the ability for the Minister to enter into such agreements.

In fact, we actually heard from the Sahtu Secretariat Incorporated that there were efforts already underway to draft up some sort of memorandum of understanding or some sort of an arrangement for the staff. This would just give a legal basis or footing for this to happen. I look forward to support from my Cabinet colleagues. Thank you, Mr. Chair.

Committee Motion 233-18(3): Bill 34: Mineral Resources Act - Amend subclause 111(4) to add (4.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

August 20th

Page 6277

The Chair

The Chair R.J. Simpson

Thank you. To the motion.

Committee Motion 233-18(3): Bill 34: Mineral Resources Act - Amend subclause 111(4) to add (4.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

August 20th

Page 6277

Some Hon. Members

Question.

Committee Motion 233-18(3): Bill 34: Mineral Resources Act - Amend subclause 111(4) to add (4.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

August 20th

Page 6277

The Chair

The Chair R.J. Simpson

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

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

August 20th

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Committee Clerk Of The House Mr. Rutland

The Member for Frame Lake, the Member for Deh Cho, the Member for Yellowknife North, the Member for Kam Lake, the Member for Nahendeh.

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

August 20th

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The Chair

The Chair R.J. Simpson

All those opposed, please rise.

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

August 20th

Page 6277

Committee Clerk Of The House Mr. Rutland

The Member for Nunakput, the Member for Inuvik Boot Lake, the Member for Range Lake, the Member for Great Slave, the Member for Yellowknife South, the Member for Inuvik Twin Lakes, the Member for Hay River South, the Member for Thebacha, the Member for Sahtu.

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

August 20th

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The Chair

The Chair R.J. Simpson

All those abstaining, please rise.

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

August 20th

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Committee Clerk Of The House Mr. Rutland

The Member for Yellowknife Centre.

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

August 20th

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The Chair

The Chair R.J. Simpson

The results of the recorded vote: five in favour, nine opposed, one abstention. The motion is defeated.

---Defeated

To clause 111. Mr. Testart.

Committee Motion 234-18(3): Bill 34: Mineral Resources Act - Amend subclause 111(4) to add (4.1) and (4.2), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

August 20th

Page 6277

Kieron Testart

Kieron Testart Kam Lake

Mr. Chair, I move that Bill 34 be amended by adding the following after subclause 111(4):

(4.1) A copy of each regulation that the Commissioner in Executive Council proposes to make under this act shall be published in the Northwest Territories Gazette, and a reasonable opportunity shall be afforded to interested persons to make representations to the Minister in respect of the proposed regulations.

(4.2) No proposed regulation need be published more than once under subsection (4.1), whether or not it is altered or amended after such publication as a result of representations made by interested persons as provided in that subsection.

Thank you, Mr. Chair.

Committee Motion 234-18(3): Bill 34: Mineral Resources Act - Amend subclause 111(4) to add (4.1) and (4.2), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

August 20th

Page 6277

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. Testart.

Committee Motion 234-18(3): Bill 34: Mineral Resources Act - Amend subclause 111(4) to add (4.1) and (4.2), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

August 20th

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Kieron Testart

Kieron Testart Kam Lake

Thank you, Chair. The intention of this motion is to be consistent with other pieces of Territorial legislation. The sole example is the Petroleum Resources Act. This same provision exists there. It allows opportunity for the public to review regulations as they are published and to provide them with an opportunity to comment. This is something that we heard from civil society, from industry, and from Indigenous organizations, as well. I think it is important that we give the public the opportunity to weigh in on these regulations.

As this is a consistent theme that we have heard throughout the review of these bills, this, I think, is a good amendment to have, and it is consistent with the PRA, as well. The government did not see fit to amend the PRA to remove this provision. Although it is a federal artefact, it is one that was retained. All this is, is making it consistent with the PRA. I encourage Members to support it. Thank you, Mr. Chair. I would request a recorded vote at the appropriate time. Thank you.

Committee Motion 234-18(3): Bill 34: Mineral Resources Act - Amend subclause 111(4) to add (4.1) and (4.2), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

August 20th

Page 6278

The Chair

The Chair R.J. Simpson

Thank you. To the motion. I will put the question to committee. The Member has requested a recorded vote. All those in favour, please rise.

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

August 20th

Page 6278

Committee Clerk Of The House Mr. Rutland

The Member for Kam Lake, the Member for Nahendeh, the Member for Frame Lake, the Member for Deh Cho, the Member for Yellowknife North.