This is page numbers 6647 - 6720 of the Hansard for the 19th Assembly, 2nd 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 know.

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Committee Motion 485-19(2): Committee Report 62-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 74: Forest Act - Resources to Develop REgulations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Thank you. Can you just repeat the last name of the -- the last name that you just said; I couldn't hear.

Committee Motion 485-19(2): Committee Report 62-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 74: Forest Act - Resources to Develop REgulations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

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Shane Thompson

Shane Thompson Nahendeh

Bard. B-a-r-d.

Committee Motion 485-19(2): Committee Report 62-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 74: Forest Act - Resources to Develop REgulations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6667

The Chair

The Chair Lesa Semmler

Thank you. I will now turn to the chair of the Standing Committee on Economic Development and Environment, the committee that reviewed the bill, for any opening comments on Bill 74. Member for Nunakput.

Committee Motion 485-19(2): Committee Report 62-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 74: Forest Act - Resources to Develop REgulations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

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Jackie Jacobson

Jackie Jacobson Nunakput

Thank you, Madam Chair. Bill 74, Forest Act, received second reading in the Legislative Assembly on March 2nd, 2023, and was referred to the Standing Committee on Economic Development and Environment for a review.

The review period for Bill 74 was extended to 180 days rather than the 120 so the committee could proceed with a thorough review of the first co-drafted legislation of the Northwest Territories. Indigenous governments co-management bodies. The Government of the Northwest Territories worked together to create Bill 74. The bill was the first piece of legislation to be reviewed under the process convention of the introduction, consideration, and enactment of bills drafted pursuant to the Intergovernmental Council Legislative Development Protocol.

Bill 74 is a second attempt at this legislation that did not pass in the 18th Assembly. It was important for this committee to be thorough in its review to ensure people had their voices heard when they weighed in on this bill. The committee held public hearings in Yellowknife, Whati, Fort Simpson, Enterprise. The committee also received six written submissions. This enabled the committee to get a solid understanding on how the intricacies of the proposed forest management legislation would impact communities, individuals, businesses, and non-governmental organizations.

The committee developed 37 motions to amend the bill and brought them forward for the consideration of the technical working group comprised of the Government of the Northwest Territories and representatives from the Indigenous governments.

The committee held many negotiation sessions with the purpose of seeing where the technical working group stood on the issues and why, and to have the opportunity to do the same.

On August 11th, 2023, the committee held a historic clause-by-clause review of Bill 74 with the Minister of Environment and Climate Change and representatives of the technical working group. The committee moved 28 motions to amend Bill 74. The Minister of Environment and Climate Change concurred with 22 of those motions. It is committee's belief that Bill 74, as amended, is an even stronger and even more representative piece of our legislation.

I would like to thank the committee -- the best committee in the whole Legislative Assembly -- of economic development and environment, for its hard work and my co-chair Mr. Ron Bonnetrouge for all the hard work he's done with me. And I thank him and the rest of the committee.

The review of Bill 74, as well as the work of the legal experts and the committee staff to comply with the tight deadlines outlined in the process convention and guided the review of this bill.

Individual Members may have additional comments or questions, Madam Chair. Thank you.

Committee Motion 485-19(2): Committee Report 62-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 74: Forest Act - Resources to Develop REgulations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6667

The Chair

The Chair Lesa Semmler

Thank you. I will now open the floor to general comment the on Bill 74. Does committee agree -- Member for Frame Lake.

Committee Motion 485-19(2): Committee Report 62-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 74: Forest Act - Resources to Develop REgulations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

October 3rd, 2023

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Kevin O'Reilly

Kevin O'Reilly Frame Lake

Yeah, thanks, Madam Chair. I don't want to repeat my opening remarks on the committee report other than to thank the environment and climate change staff and the members of the technical working group for getting us a bill that was much, much better than Bill 44 in the last Assembly and working collaboratively with us.

But one area that I want to explore a bit here, and this was an area that the committee spent -- I guess a significant amount of time, at least in the early stages of our review, was the application of the bill as drafted. It seems to be a law of general application, and it wasn't clear to us how it would apply to private lands, Indigenous owned lands, surface leases, and so on. So can I get the Minister to talk a little bit about where this act would apply. Thanks, Madam Chair.

Committee Motion 485-19(2): Committee Report 62-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 74: Forest Act - Resources to Develop REgulations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Thank you, Member. Minister.

Committee Motion 485-19(2): Committee Report 62-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 74: Forest Act - Resources to Develop REgulations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

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Shane Thompson

Shane Thompson Nahendeh

Thank you. The Forest Act is a law of joint application which means that it applies throughout the NWT unless its application is narrowed in regulations. Some regulations on the first act may be designed to make more -- or some powers, such as harvesting and forest resources in applicable on private lands. Thank you, Madam Chair.

Committee Motion 485-19(2): Committee Report 62-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 74: Forest Act - Resources to Develop REgulations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6668

The Chair

The Chair Lesa Semmler

Thank you. Member for Frame Lake.

Committee Motion 485-19(2): Committee Report 62-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 74: Forest Act - Resources to Develop REgulations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

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Kevin O'Reilly

Kevin O'Reilly Frame Lake

Yeah, thanks. Yeah, one of the concerns that we had raised to us in a written submission was how the Act would apply to, say, titled property and say areas where people have surface leases for various purposes. This legislation would seem to enable the department to issue forest licenses and permits on what might be privately owned or area owned lands or areas where the surface rights have been leased out. Is that the case? And if not -- yeah, I'll start with that. Thanks, Madam Chair.

Committee Motion 485-19(2): Committee Report 62-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 74: Forest Act - Resources to Develop REgulations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6668

The Chair

The Chair Lesa Semmler

Thank you. Minister.

Committee Motion 485-19(2): Committee Report 62-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 74: Forest Act - Resources to Develop REgulations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

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Shane Thompson

Shane Thompson Nahendeh

For that detail, I'll turn to Dr. Kelly.

Committee Motion 485-19(2): Committee Report 62-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 74: Forest Act - Resources to Develop REgulations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6668

The Chair

The Chair Lesa Semmler

Thank you. Dr. Kelly.

Committee Motion 485-19(2): Committee Report 62-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 74: Forest Act - Resources to Develop REgulations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

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Dr. Erin Kelly

Thank you, Madam Chair. As the Minister mentioned, we will need to develop some of the regulations and they may be designed to make some powers, such as harvesting of forest resources inapplicable on private lands. Permits and licenses won't be issued unless there's permission on private land, which is the current process. Thank you, Madam Chair.

Committee Motion 485-19(2): Committee Report 62-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 74: Forest Act - Resources to Develop REgulations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6668

The Chair

The Chair Lesa Semmler

Thank you. Member for Frame Lake.

Committee Motion 485-19(2): Committee Report 62-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 74: Forest Act - Resources to Develop REgulations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

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Kevin O'Reilly

Kevin O'Reilly Frame Lake

Yeah, okay, thanks. Well, we've got it on the public record, then, that it's not the intention of the department to issue licenses or permits on privately owned lands or lands where there might be surface leases. And, yeah, I think that would really be incompatible with -- and some of these may be compatible activities. I don't know. But if somebody has surface interests, I think it would only be reasonable that, somehow, they get engaged before licenses and permits would be issued. So I'm glad to get that assurance on the record. And I will have some more detailed questions about some other areas of the bill as we go through it. But thanks, Madam Chair.

Committee Motion 485-19(2): Committee Report 62-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 74: Forest Act - Resources to Develop REgulations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6668

The Chair

The Chair Lesa Semmler

Thank you. Committee, do we agree that there are no further general comments?

Committee Motion 485-19(2): Committee Report 62-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 74: Forest Act - Resources to Develop REgulations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Committee Motion 485-19(2): Committee Report 62-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 74: Forest Act - Resources to Develop REgulations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6668

The Chair

The Chair Lesa Semmler

Can we proceed to a clause-by-clause review of the bill?

Committee Motion 485-19(2): Committee Report 62-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 74: Forest Act - Resources to Develop REgulations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6668

Some Hon. Members

Agreed.

Committee Motion 485-19(2): Committee Report 62-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 74: Forest Act - Resources to Develop REgulations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6668

The Chair

The Chair Lesa Semmler

Committee, we will defer the bill number and title until after consideration of the clauses. Please turn to page 1 of the bill.

Clauses 1 through 10, does committee agree?

Committee Motion 485-19(2): Committee Report 62-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 74: Forest Act - Resources to Develop REgulations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6668

Some Hon. Members

Agreed.

Committee Motion 485-19(2): Committee Report 62-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 74: Forest Act - Resources to Develop REgulations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6668

The Chair

The Chair Lesa Semmler

Clauses 11 through 13, does committee agree?

Committee Motion 485-19(2): Committee Report 62-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 74: Forest Act - Resources to Develop REgulations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6668

Some Hon. Members

Agreed.

Committee Motion 485-19(2): Committee Report 62-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 74: Forest Act - Resources to Develop REgulations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Clause 14. Member for Frame Lake.