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

--Carried

Reports of standing and special committees. Member for Deh Cho

INTRODUCTION

The Standing Committee on Economic Development is mandated to undertake statutory reviews of legislation. Section 171 of the Wildlife Act requires the Act to be reviewed by the Legislative Assembly within five-years after coming into force (November 2014), and Section 147 of the Species at Risk (NWT) Act requires review ten-years after coming into force (February 2010). Due to 19^th Assembly starting office in late 2019, along with limitations imposed in early 2020 due to COVID-19 pandemic, Committee was delayed commencing the statutory reviews. Due to the overlapping nature of both pieces of legislation, Committee is providing one consolidated report.

In committee's preparation on the Report of statutory reviews, committee conducted internal research, engaged with the Department of Environment and Natural Resources, and held three rounds of public engagement, all of which contributed to the recommendations as detailed in this report.

Committee recognizes this review was extended over two years. While Committee acknowledges the intent of statutory review clauses in legislation to maintain accountability, these reviews require significant time, energy, and resources in addition to other priorities set by Committees.

REVIEW PROCESS

On August 20, 2020, Committee commenced the statutory review of the Wildlife Act and Species at Risk (NWT) Act. The following key priorities emerged from Committee's review:

• the role of Indigenous governments from areas with ongoing negotiations in relation to lands, resources, or self-government agreements with respect to wildlife management;
• emerging role of guardianship and related programs; and
• community based wildlife management

Between September 2020 and October 2021 Committee sent letters seeking feedback to all Indigenous governments and renewable resource boards, the Inuvialuit Game Council, hunter and trapper associations, Northwest Territories wildlife stakeholders, Indigenous guardian programs, tourism outfitters and the general public. Committee had originally planned to hold public hearings in various locations across the NWT but given COVID restrictions, written submissions and video conferences formed the public engagement. Subsequent calls for submissions were released on the Legislative Assembly's various social media platforms.

The following stakeholders provided written submissions and/or public presentations before committee:

• Sahtu Renewable Resource Board
• the Inuvialuit Game Council
• the Wek'eezhii Reviewable Resource Board
• NWT Metis Nation
• Acho Dene Koe First Nations
• Ducks Unlimited
• Nature United
• Malcolm Jaeb

Any written submissions are contained in Appendix A of this report. The public presentations can be found on the Legislative Assembly channel.

BACKGROUND

Wildlife Act

The original Wildlife Act was an inherited piece of legislation from the Government of Canada and was in force for more than 30 years. The implementation of land, resource, and self-government agreements required the Act to be updated. In 2010, the Government of the Northwest Territories (GNWT) began drafting the replacement Wildlife Act. This involved extensive consultation and co-drafting with settled and unsettled Indigenous governments and travel to all 33 communities. The new Wildlife Act legislation and regulations came into force in November 2014, while Sections 46 and 48 pertaining to a Harvester Training Course and a number of other “Phase 2” regulations later came into force on January 1, 2020.

Species At Risk (NWT) Act

The Species at Risk (NWT) Act was developed through a co-drafting process that commenced in 2005 including: GNWT representation from Environment and Natural Resources and Justice, negotiated land, resource and self-government agreement organizations (Inuvialuit Game Council, Gwich'in Tribal Council, Sahtu Secretariat Incorporated, and the Tłı̨chǫ Government), and renewable resources boards established under land, resource or self-government agreements (Wildlife Management Advisory Council (NWT), Gwich'in Renewable Resources Board, Sahtu Renewable Resources Board and the Wek'èezhìı Renewable Resources Board). The Act came into force in February of 2010.

WHAT WE HEARD

Through Committee's public engagement efforts, many stakeholders expressed high regard for the collaborative efforts of the Department of Environment and Natural Resources in the development of the Wildlife Act and the Species at Risk (NWT) Act. Many stakeholders viewed the Departments progressive approach to co-management very positively.

Role of Indigenous Governments in Wildlife Management Without Agreements

The existing Aboriginal and treaty rights of Indigenous people are recognized and mandated under section 35 of the Constitution Act (1982) and the United Nations Declaration on the Rights of Indigenous Peoples.

The Wildlife Act and Species at Risk (NWT) Act also provide further recognition of Aboriginal and treaty rights with respect to wildlife management and species at risk.

Committee has identified an interest to strengthen the role of Indigenous governments from areas without land and resource management agreements, in the management of wildlife in the NWT.

Wildlife Act

Section 9 of the Wildlife Act identifies renewable resource boards as the main instrument of wildlife management in areas of the Northwest Territories with land claims agreements.

Sections 12 and 14 of the Wildlife Act provide the authority for the Minister to enter into an agreement regarding wildlife management. This can include Indigenous governments who are still negotiating their lands and resources rights.

Committee recognizes this section of the Act is a tool for the Minister to give more responsibilities to Indigenous governments in areas without final agreements, but in Committee's view, this legislative tool has not been fully utilized.

Several stakeholders including Indigenous governments also voiced concern that wildlife co-management needs to incorporate a place at the decision-making table for Indigenous governments in areas still under negotiation.

In their submission the NWT Metis Nation states:

“...in areas of the NWT that are not subject to a land claim agreement, Indigenous governments provide input and are involved in wildlife management. The Wildlife Act and the Species at Risk (NWT) Act must recognize co-management rights of all Indigenous Governments irrespective of whether a group has a land claim.”

Nature United submits:

“...it is neither equitable or effective for conservation to exclude from wildlife co-management and decision-making the full participation of Indigenous governments who represent peoples and territories extending over approximately two-thirds of the land mass of the Northwest Territories.”

Whereas in the Wek'eezhı̀ı Renewable Resources Board submission, Committee is reminded that during the drafting of the Wildlife Act, there was opposition to Indigenous governments without agreements having specific decision-making authorities. While these Indigenous governments should be treated fairly and equitably, the WRRB states the GNWT must be careful not to grant legal authority where it does not exist, and to avoid an adverse effect on those areas with established institutions and rights.

Committee recognizes the legal authority and rights of the areas where institutions to manage wildlife in the NWT have been established under agreements and legislation. Committee also recognizes the legislative tools available under the Wildlife Act to provide more responsibility to Indigenous governments without final agreements areas have not been fully utilized.

Recommendation 1:

The Standing Committee on Economic Development and Environment recommends the Government of the Northwest Territories advance discussions under section 12 of the Wildlife Act with Indigenous governments who are not represented by existing renewable resource boards or without a final lands, resources and self-government agreement.

Species At Risk (NWT) Act

Section 11 of the Species at Risk (NWT) Act lists the members to the Conference of Management Authorities which does not include a seat for Indigenous governments without a final agreement.

Section 19(1) lists the composition of Species at Risk Committee which also does not provide a seat for Indigenous governments without land and resource agreements.

Section 14 provides the authority for the Minister to invite others and details the extent to which they will participate regarding the Conference of Management Authorities.

Section 21 provides the same authority for Minister with respect to participation in the Species at Risk Committee.

Under the Species at Risk (NWT) Act, Indigenous governments from areas without land and resource agreements can observe the Species at Risk Committee, and the Conference of Management Authorities, but there is no decision-making role.

Some stakeholders specifically requested that Indigenous governments still negotiating agreements hold decision-making influence in the Conference of Management Authorities.

Acho Dene Koe First Nation recognized the need to strengthen the role of Indigenous governments without representation by a renewable resource board. Acho Dene Koe recommends:

“...amending the Species at Risk (NWT) Act to provide Indigenous governments currently negotiating land claim agreements (and therefore currently without co-management boards) with interim, independent decision-making influence in the Conference of Management Authorities.”

It was recommended that the Indigenous governments (not represented by renewable resource boards) still have equal roles and representation on the Conference of Management Authorities and that interim measures be established to finalize this role until agreements are completed.

Committee recognizes the legislation provides methods to involve Indigenous governments from areas without agreements in decisions, but Committee understands these provisions have not been fully utilized.

Recommendation 2:

The Standing Committee on Economic Development and Environment recommends the Department of Environment and Natural Resources strengthen the application and use of Sections 14 and 21 under the Species at Risk (NWT) Act to ensure that Indigenous governments without a final agreement have a say in management of species at risk.

Illegal Hunting

Members have discussed at length the challenges of the GNWT to address declining caribou populations and illegal hunting activity along roads. Committee recognizes the growing media and public attention to meat wastage and illegal harvesting along the Tibbitt to Contwoyto ice road.

The Inuvialuit Game Council also identified harvesting compliance and meat wastage is an area of concern for the NWT.

Committee acknowledges the Department of Environment and Natural Resources collaborative efforts to advance effective public awareness campaigns on illegal harvesting activities, such as the March 9, 2021 press release, Join A Wildlife Officer Monitoring Caribou on the winter road educational video, as well as the Department's efforts to host meetings among “Respectful Harvesters” to collaboratively address this issue.

Committee also acknowledges ‘effective road planning and management' are actions the Department intends to take to address declining herd populations as identified in the Bathurst Caribou Range Plan.

Committee is concerned about the status of some declining herd populations, but also recognizes the proactive and collaborative efforts the Department is taking to address this issue, and therefore has no specific recommendation on this topic other than the need to continue these efforts collaboratively with Indigenous governments and harvesters.

Hunting Enforcement

Committee recognizes Part 7 of the Wildlife Act describes the authority of an officer appointed by the Minister to seize anything the officer thinks might have been involved in an offence or that provide evidence about an offence under the Act.

Committee recognizes the authority of the Minister to investigate wildlife infractions, which may lead to seizure of evidence. While Committee recognizes the legal process to retrieve one's seized equipment is identified in the Act, Committee is also concerned that seizing the hunting equipment of individuals can decrease the chance of gathering meat for a season and any sharing that usually takes place.

Recommendation 3:

The Standing Committee on Economic Development and Environment recommends the Government of the Northwest Territories establish an expedited legal process for Indigenous hunters to regain access to hunting equipment when there is a risk of losing the hunting season without it.

Indigenous Peoples' Identification

Committee also has heard the need for Indigenous harvester identification in the field. The NWT Métis Nation recommends that the Department should recognize an identification card issued by Indigenous governments as an acceptable form of identification.

Committee suggests the Minister utilize the authority established under section 20 of the Wildlife Act to enter into agreements with Indigenous governments respecting the form of acceptable identification.

Harvester Education

Committee recognizes the importance of harvester and trapper training across the NWT. Furs and hides are an economy that can be pursued by individuals across all communities and is a skill set that should be widely taught, shared, and supported.

Committee acknowledges the efforts by the GNWT to expand hunter education across the NWT.

Sections 46 to 48 of the Wildlife Act provide the requirement for anyone who is hunting or harvesting wildlife to complete the harvester training course.

Committee applauds the Department's increased requirements to complete Hunter Education before receiving a hunting licence, and a hunter education course that is currently being piloted in nine schools across the NWT.

The Department has also expanded programs and funding to support the development of on-the-land skills.

Committee fully supports the Department's efforts in this regard.

Recommendation 4:

The Standing Committee on Economic Development and Environment recommends the Government of the Northwest Territories increase funding support for the Community Harvester Assistance Program (and related programs that develop hunting, trapping and harvesting skills).

Committee also requests the hunter education course to be formalized in education curriculum across the NWT.

Recommendation 5:

The Standing Committee on Economic Development and Environment recommends the Government of the Northwest Territories make hunter education a requirement of the kindergarten to grade 12 NWT education curriculum.

The Committee also recognizes the opportunity for the Department to support and formalize organized community-based hunts. Community-based hunts ensure that communities have access to meat, while conducting hunts in a setting where knowledge sharing between Elders, youth, and families can be facilitated. Committee sees these organized community hunts as an opportunity for caribou monitors as well as officers to participate.

Committee acknowledges the efforts of the Inuvialuit Regional Corporation (IRC) through the Inuvialuit Harvesters Assistance Program to support subsistence harvesting. Under this program the IRC "provides assistance to Inuvialuit individuals and groups to engage in traditional and emerging renewable resource activities".

Committee encourages the Department to find ways to increase community organized hunts across the NWT.

And finally, Committee recognizes the need to educate and train people of all ages, not just children and youth. Committee suggests that the GNWT support community led hunter education training efforts. While the GNWT has developed this course, Committee would like to see Indigenous governments supported to build capacity to deliver this training.

Authority of Conservation Plans

Sahtu Renewable Resources Board (SRRB) requests the Community Conservation Plans (which includes aspects of harvest management) to be recognized under legal authority, likely under the Wildlife Act. ENR and Colville Lake negotiated an Interim Management Agreement to formalize certain local authority over harvest management, but other issues remain unresolved and unconfirmed in current law.

SRRB would like to see Community Conservation Plans be considered before determining Total Allowable Harvest limits. SRRB is of the view that the current regulatory framework being applied by GNWT may not respect the rights, customs, and practices of Sahtu Dene or Métis.

Committee recognizes the authority of the Minister to establish allocation of harvest on wildlife and agrees that Community Conservation Plans should be considered in this decision. Committee also believes that the Minister should provide written public notice on reasons for the decision on allocation of harvest for wildlife.

Recommendation 6:

The Standing Committee on Economic Development and Environment recommends the Government of the Northwest Territories expand section 98 of the Wildlife Act, to require consideration of community conservation plans when determining allocation of harvests for wildlife and that written reasons be required for all decisions on harvest allocations.

Alternative Measures

Committee recognizes how expensive and complicated court processes can be when dealing with infractions.

Committee recognizes that alternative measures are detailed under section 167 of the Wildlife Act.

Committee views infractions under the Wildlife Act seriously but also believes that alternative measures may be more effective tools to address illegal harvesting practices.

Committee believes that restorative justice models where Elders and Guardians (for example) as part of enforcement efforts may effectively increase compliance under the Act.

The SRRB recommends that the GNWT Minister consider culturally appropriate restorative justice processes in the Délı̨nę and Dehla Gotine Community Conservation Plans that reflect and accommodate community enforcement capacity under the authority available in the Wildlife Act.

The SRRB wants to see the Wildlife Act accommodate community-based authority, to define offences and/or determine enforcement measures.

Committee suggests the GNWT discuss alternative measures with Indigenous governments and Renewable Resource Boards to identify how alternative measures can be applied more often to promote compliance under the Wildlife Act.

Recommendation 7:

The Standing Committee on Economic Development and Environment recommends the Government of the Northwest Territories work with Indigenous governments and Renewable Resource Boards to identify appropriate, culturally grounded, processes for enforcement using alternative measures which include restorative justice models.

Indigenous Guardians

Committee recognizes that Indigenous guardian programs, where Indigenous peoples take the lead on monitoring, stewardship, and protecting lands and waters are growing across the NWT and indeed the world. Committee also recognizes Indigenous guardians are an avenue for Indigenous peoples to exercise land rights and maintain cultural connections to the land through stewardship.

Committee is fully supportive of these efforts as a tool for wildlife conservation and management.

In Nature United's submission:

“A growing body of global evidence shows that Indigenous people who are able to actively participate in the management of lands and resources in accordance with Indigenous laws, customary management systems and Indigenous knowledge results in more effective and durable sustainable management over time^[1].”

The social return on investment of Indigenous guardian programs in the NWT is estimated that for every $1 invested in an NWT Guardian Program there equates approximately $2.5 of social, economic, cultural and environmental value[2].

Committee recognizes the hardship this may create for hunters in their traditional territory. Committee also recognizes that the Department of Environment and Natural Resources provides support to the public to facilitate testing of Chronic Wasting Disease.

Committee recommends that the Department work with Acho Dene Koe First Nation to ensure that testing for Chronic Wasting Disease is made accessible and appropriate to harvesters.

Food Security and Sharing of Wild Meat

Committee is concerned about food security in the NWT, and the opportunity for communities that have abundant levels of big game to be able to share with communities that do not. Committee would like to eliminate regulatory barriers that prevent communities from sharing meat, to stock up community freezers, and to reduce the number of children and families going hungry in the NWT.

The Inuvialuit Game Council recognized that the GNWT has made it more difficult to share harvested meat which has resulted in negative impacts on food security.

The Creation of a Northwest Territories Food Security Strategy Motion 37-19(2) was passed on June 4, 2021, by the 19^th Legislative Assembly. This motion moves that:

“The Government of the Northwest Territories remove all of its legislative and regulatory barriers over the next 12 months to facilitate regional sharing of harvested meat or other food products.”

Committee acknowledges the GNWT response, November 22, 2021 to this motion did not address a timeline for regulatory action to improve the sharing of harvested meat in the NWT.

Recommendation 10:

The Standing Committee on Economic Development and Environment recommends the Government of the Northwest Territories remove any regulatory barriers that prevent communities from sharing wild meat to improve food security.

Wildlife Habitat

The Acho Dene Koe First Nation suggested that the Species at Risk (NWT) Act be amended under section 84 when authorizing the destruction of habitat to include: considerations on the impacts of a species on the well-being of Indigenous people; and to identify accommodation measures in collaboration with the Conference of Management Authorities and Indigenous people where impacts cannot be avoided or mitigated.

The Wek'èezhı̀ı Renewable Resources Board (WRRB) also stressed the importance of habitat in wildlife management. The WRRB urges the GNWT to consider forward looking wildlife management to face the climate change and the biodiversity crisis. Wildlife laws should reflect the importance of wildlife and wildlife habitat and be prepared for future challenges.

Ducks Unlimited also recognized the opportunity for the GNWT to take a proactive conservation approach and suggest that relational planning, land management and Indigenous viewpoints be integrated into a comprehensive Wetland Policy to protect critical habitat.

Committee recognizes the importance of protecting conservation areas for future generations.

Committee also recognizes that the Protected Areas Act allows for Indigenous governments or organizations (as well as the Executive Council) to nominate a candidate protected area. Committee suggests the Wildlife Act expand the provisions around the establishment of conservation areas to allow nominations from Indigenous governments and the public.

Recommendation 11: The Standing Committee on Economic Development and Environment recommends the Government of the Northwest Territories expand Part 6, Conservation and Management Measures of the Wildlife Act to include provisions for nomination of conservation areas by Indigenous governments and others, consistent to the Protected Areas Act.

Use of Traditional Knowledge

The WRRB recommends that the GNWT continue to build relationships with renewable resource boards and ensure balanced decision making by using both traditional knowledge and science.

Committee acknowledges that the GNWT is making efforts towards this end. On March 2, 2021 the GNWT announced that the Species at Risk Committee adopted a new species assessment process that adopts Indigenous, community and scientific knowledge equally and respectfully.

Annual Wildlife Meeting

Section 15 of the Wildlife Act requires the Department of Environment and Natural Resources to convene a meeting of bodies and organizations responsible for wildlife management in the NWT. Committee views this annual meeting as an important process in the co-management of wildlife and believes a summary of the discussions at these meetings should be made publicly available.

Recommendation 12:

The Standing Committee on Economic Development and Environment recommends the Government of the Northwest Territories make the results of discussions at meetings under Section 15 of the Wildlife Act publicly available.

Timeline of Statutory Review

Section 171 of the Wildlife Act provides the authority for the Legislative Assembly to review the Wildlife Act every seven years after the tabling of this report. Under Section 147 of the Species at Risk (NWT) Act the Assembly is required to review the legislation every 10 years.

Committee recognizes that the Statutory Review process takes a significant amount of Committee attention. Committee recommends that both Acts be amended to require review at the same time, Committee further suggests the timeline be established by Assembly as opposed to a set number of years.

Recommendation 13:

The Standing Committee on Economic Development and Environment recommends that the Minister extend the Statutory Review period under section 171 of the Wildlife Act to match the review period established under section 147 of the Species at Risk (NWT) Act, and that both of these Statutory Review periods be required every other Assembly.

Recommendation 14:

The Standing Committee on Economic Development and Environment recommends that the Government of the Northwest Territories provide a response to the recommendations contained in this report within 120 days.

CONCLUSION

This concludes the Standing Committee on Economic Development and Environment Report on the Statutory Review of the Species at Risk (NWT) Act and Wildlife Act.