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.

Topics

Oral Questions
Members Present
Prayer
Strengthening the Arctic
Improving Access to Services for Residents of the Northwest Territories
Caribou Range Planning
Early Childhood Development: Access, Affordability and Inclusion
Recognition of Leo Konge, Western Canada Summer Games Medalist
Family Violence
Improving P3 Contracts for Northern Benefits
Anniversaries of Deh Cho Constituents
Mine Reclamation along Great Bear Lake
Recycling in Nahendeh
Child Care in Fort MacPherson
Strategic Oil and Gas Ltd.
Health Care in Nunakput
Recognition Of Visitors In The Gallery
Committee Report 34-18(3): Report on the Review of Bill 45: Corrections Act
Committee Report 33-18(3): Report on Bill 34: Mineral Resources Act
Motion that Committee Report 33-18(3) be Moved to Committee of the Whole
Committee Report 34-18(3): Standing Committee on Social Development Report on the Review of Bill 45: Corrections Act
Recognition Of Visitors In The Gallery (reversion)
Lyda Fuller - Order of the Northwest Territories Inductee
Recycling in Nahendeh
Yellowknife Adult Day Programming
Improving P3 Contracts for Northern Benefits
Childcare in Fort McPherson
Strategic Oil and Gas Ltd.
South Mackenzie Correctional Centre Therapeutic Model
Tabled Document 504-18(3): Toward a Plan - Strengthening Canada's Position in the Arctic
Tabled Document 505-18(3): ommunity Access Program 2018-2019 Results Report, Department of Infrastructure
Tabled Document 506-18(3): Supporting Access to Child Care in the NWT 2019-2020 Supplementary Action Plan
Tabled Document 507-18(3): Government of the Northwest Territories Response to Committee Report 23-18(3): Report on the Review of Bill 40: Smoking Control and Reduction Act and Bill 41: Tobacco and Vapour Products Control Act
Tabled Document 508-18(3): Legislative Assembly Retiring Allowance Fund Financial Statement for the Year Ended March 31, 2019
Consideration In Committee Of The Whole Of Bills And Other Matters
Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - Curriculum for Prospector Training, carried
Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - Solutions for Rights Issuance Overlapping Municipal boundaries
Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - Independent Panel to Review Royalties System
Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - Principles, Tools, and Indicators for Performance, Transparency and Accountability
Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - Implementation Plan for Mineral Resources Act
Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - Regulatory Gap Regarding Removal of Drill Core
Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - government Response to Recommendations
Bill 34: Mineral Resources Act - Amend Clause 1 to replace definition of "settlement Lands"
Bill 34: Mineral Resources Act - Amend Clause 7(3)(r) adding (r.1)
Recorded Vote
Bill 34: Mineral Resources Act - Amend paragraph 17.1(1)(q)
Bill 34: Mineral Resources Act - Amend Clause 20 by substituting paragraph (g)
Recorded Vote
Bill 34: Mineral Resources Act - Amend Clause 22
Bill 34: Mineral Resources Act -Amend Clause 22(2)
Bill 34: Mineral Resources Act - Amend Clause 22(7.1)
Recorded Vote
Bill 34: Mineral Resources Act - Motion to Amend Clause 22 by adding after (7.2)
Recorded Vote
Bill 34: Mineral Resources Act - Amend Clause 24
Recorded Vote
Bill 34: Mineral Resources Act - Amend Clause 24(7)
Bill 34: Mineral Resources Act - Amend subclause 24(13)
Recorded Vote
Bill 34: Mineral Resources Act - Amend paragraph 28(5)(a)
Bill 34: Mineral Resources Act - Amend paragraph 28(5)(a) Carried
Bill 34: Mineral Resources Act - Amend subclause 28(5)(a) and (b)
Recorded Vote
Bill 34: Mineral Resources Act - Amend paragraph 42(5)(a)
Bill 34: Mineral Resources Act - Amend subclause 42(5)
Recorded Vote
Bill 34: Mineral Resources Act - Delete and Replace clause 51
Recorded Vote
Bill 34: Mineral Resources Act - Delete and Replace clause 52(1)
Recorded Vote
Bill 34: Mineral Resources Act - Amend subclause 52(2) by adding (1.2)
Recorded Vote
Bill 34: Mineral Resources Act - Amend Clause 53
Bill 34: Mineral Resources Act - Amend paragraph 111(1)(a)
Bill 34: Mineral Resources Act - Amend subclause 111(4) to add (4.1)
Recorded Vote
Bill 34: Mineral Resources Act - Amend subclause 111(4) to add (4.1) and (4.2)
Recorded Vote
Bill 34: Mineral Resources Act - Amend subclauses 113(1) and (2)
Bill 34: Mineral Resources Act - Amend subclause 116
Report Of Committee Of The Whole
Bill 39: Environmental Rights Act
Recorded Vote
Bill 42: An Act to Amend the Petroleum Products Tax Act
Recorded Vote
Bill 43: An Act to Amend the Income Tax Act
Recorded Vote
Bill 46: Public Land Act
Recorded Vote
Orders Of The Day

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The Chair

The Chair R.J. Simpson

Thank you. Mr. Testart.

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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.

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The Chair

The Chair R.J. Simpson

Thank you. Minister.

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Wally Schumann

Wally Schumann Hay River South

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

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The Chair

The Chair R.J. Simpson

Thank you. Mr. Testart.

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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.

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The Chair

The Chair R.J. Simpson

Thank you. Ms. Faryna.

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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.

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The Chair

The Chair R.J. Simpson

Thank you. Mr. Testart.

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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.

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The Chair

The Chair R.J. Simpson

Thank you. Ms. Faryna.

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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.

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The Chair

The Chair R.J. Simpson

Thank you. Mr. Testart.

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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.

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The Chair

The Chair R.J. Simpson

Thank you. Ms. Faryna.

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Faryna

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

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The Chair

The Chair R.J. Simpson

Mr. Testart.

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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.

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The Chair

The Chair R.J. Simpson

Thank you. Ms. Faryna.

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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.

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The Chair

The Chair R.J. Simpson

Thank you. Mr. Testart.

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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?

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The Chair

The Chair R.J. Simpson

Thank you, Mr. Testart. Ms. Faryna.

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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.

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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.