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

Wally Schumann

Wally Schumann Hay River South

Thank you, Mr. Chair. Confidentiality, as we said, was identified as an issue, so we chose to tailor this provision to have a provision obligation to circulate the notice to Indigenous governments as a way to demonstrate our commitment to their inherent rights and relationship to the land. As I have said earlier, we will look at this in the regulations. Thank you, Mr. Chair.

The Chair

The Chair R.J. Simpson

Thank you. Mr. O'Reilly.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Mr. Chair. I understand that this is going to be dealt with by regulation, what a notice of intended work is going to look like, but we are talking about a requirement that it actually be disclosed on a public registry after the Minister negotiates some kind of an arrangement through a regulation to protect business interests. This is about encouraging good working relationships, good neighbours, and avoiding land use conflicts. I am trying to understand what the problem is in saying that that should be part of the public registry now. Thanks, Mr. Chair.

The Chair

The Chair R.J. Simpson

Thank you. Minister.

Wally Schumann

Wally Schumann Hay River South

Thank you, Mr. Chair. This is a bit of a red herring, as most observations, example of TerraX, who have acquired a vast majority of mineral interests surrounding where they are doing business. In this particular instance, there may not be a concern related to intellectual property. If certain companies wish to do so, that is their prerogative, and we encourage it. Thank you, Mr. Chair.

The Chair

The Chair R.J. Simpson

Thank you. Mr. O'Reilly.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Mr. Chair. I have yet to hear any good reason why this cannot be included now. The Minister has the authority to develop regulations that define what this notice of intended work is going to look like, and the Minister is required in the act to keep information confidential that could be detrimental to business. I just have heard no good reason why this cannot be put on the public registry. I understand that there may be another Member who would like to speak to it. Thanks, Mr. Chair.

The Chair

The Chair R.J. Simpson

Thank you, Mr. O'Reilly. To clause 7. Mr. Testart.

Kieron Testart

Kieron Testart Kam Lake

Thank you, Mr. Chair. I am keenly interested in some of the rationale that we have heard from the Minister. I would just like to pursue that further. Does the Minister agree that there are sufficient protections included in the act to allow the Minister of the day or the government to prevent the disclosure of information that would be harmful to business interests in the public registry? Thank you.

The Chair

The Chair R.J. Simpson

Thank you. Minister.

Wally Schumann

Wally Schumann Hay River South

Thank you, Mr. Chair. Some of the concerns that we have around this is what and where activities are happening on a claim and what could potentially come about from that activity. Thank you, Mr. Chair.

The Chair

The Chair R.J. Simpson

Thank you. Mr. Testart.

Kieron Testart

Kieron Testart Kam Lake

Thank you. I would appreciate if the Minister could answer my question. Is it the position of the government that the Minister has adequate ability to protect the confidential business interests of industry from being posted in the public registry? Thank you.

The Chair

The Chair R.J. Simpson

Thank you. Ms. Strand.

Strand

Thank you, Mr. Chair. What we heard was that this was a very sensitive discussion point with industry. What we are trying to do is strike a balance here. Until we have that further conversation on content and what areas this intended work might apply to, we are recommending that we, at this point, do not make them public until we have that secondary engagement and discussion. Thank you, Mr. Chair.

The Chair

The Chair R.J. Simpson

Thank you. Mr. Testart.

Kieron Testart

Kieron Testart Kam Lake

Thank you. I have reviewed the clause that allows the Minister to provident unintended disclosure in the public registry, and I am satisfied that it has broad powers for the Minister to prevent disclosure of information that would be harmful to business interests. I hear what the witnesses are saying, but I also heard them talk about inherent rights. Could the witnesses walk us through how a disclosure of intended work would impinge on the inherent rights of Indigenous peoples? Thank you.

The Chair

The Chair R.J. Simpson

Thank you. Ms. Faryna.

Faryna

Thank you, Mr. Chair. I would just like to request clarification. Because these are circulated to Indigenous governments and organizations based on recognition of their inherent rights and status, I don't believe that the bill reflects that it impinges on their rights. Maybe I misunderstood the question. Thank you, Mr. Chair.

The Chair

The Chair R.J. Simpson

Sure. I just want to make sure that everyone checks their light in front of them before they begin speaking. Sometimes it takes a second to change the microphones. Mr. Testart.

Kieron Testart

Kieron Testart Kam Lake

Thank you, Mr. Chair. When questions were being put to the Minister by the honourable Member for Frame Lake, one of the responses was that the reason that the government has declined to include intended work in the public registry is concern, A, around confidentiality, which we have discussed, and B, that it would somehow impact or limit or infringe upon the inherent rights of Indigenous persons. I would like the government to walk me through that about how, and I will be very precise here, including a provision that intended work would be provided in the public registry infringes on section 35 rights. Thank you, Mr. Chair.

The Chair

The Chair R.J. Simpson

Thank you. Minister.

Committee Motion 213-18(3): Bill 34: Mineral Resources Act - Amend Clause 1 to replace definition of "settlement Lands", Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

August 20th, 2019

Page 6240

Robert C. McLeod

Robert C. McLeod Inuvik Twin Lakes

I think what we need to do is clarify, because I think he is thinking that I said something which I didn't say. Let's read this exactly here again so that everyone is quite clear on it. Confidentiality was identified as an issue, so we chose to tailor this provision to have a positive obligation to circulate the notice to Indigenous governments as a way to demonstrate our commitment to the inherent rights and relationship to the land. Thank you, Mr. Chair.

The Chair

The Chair R.J. Simpson

Thank you. Mr. Testart.

Kieron Testart

Kieron Testart Kam Lake

Thank you for that clarification. How is including a provision on the public registry for a notice of intended work related to providing direct notice to Indigenous governments and organizations? I am fine with that. I think that that is a pretty good choice. It is a separate issue. That is not the public registry; that is direct notice, which is another provision governed by the act. How does that matter impact at all with what is being raised here today? We already know that confidentiality issues around business interests can be protected by the Minister by preventing that disclosure on the public registry. That's a section of the act. That's another section that the Minister just quoted.

Let's get back to the real issue here. Why can't this be done in this section? If we could have a very clear answer that is not related to other parts of the bill. Thank you.