Merci, Monsieur le President. Last week, I raised some concerns around the continued funding for the Northwest Territories Surface Rights Board. There are some great people on that board and their work seems reasonable, but there are zero disputes that have come forward in the seven years since enabling legislation was passed. In light of this, I question the need for such a body. It also entrenches the antiquated free-entry system for mineral rights acquisition, a regime that seems out of step with even the Mineral Resources Act passed by the last Legislative Assembly.
The Harper government's Bill C-47, the so-called "Northern Jobs and Growth Act," lumped together a number of land rights agreements implementation provisions, including the Northwest Territories Surface Rights Board. GNWT's Surface Rights Board Act simply mirrors the federal legislative provisions including:
- setting mining as highest and best use of the land. Mining trumps any other land use, even Aboriginal rights-based use. Land owners or users are only entitled to compensation in the event of a conflict; and
- the Northwest Territories Surface Rights Board duplicates and overlaps with existing provisions for surface rights and access disputes resolution.
If GNWT needs to explore ways to modernize this legislation, it should do it in consultation with Indigenous governments and it should be along the following lines:
- The Surface Rights Board should have the power to deny access where and when appropriate;
- The legislation should not apply within municipal boundaries and municipalities should have the ability to control or prohibit mineral rights acquisition within their boundaries;
- "Access" should be re-interpreted broadly to include air-only access through the use of aircraft;
- The board should be given the power to require financial security to ensure compliance with its orders;
- A co-management model should be adopted in terms of the board composition where Indigenous governments appoint half the members; and
- The board should have the discretion to hear from those other than the parties to the dispute.
I will have questions later today for the Minister of Lands. Mahsi, Mr. Speaker.