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.

Topics

Committee Motion 486-19(2): Bill 74: Forest Act - Amend Clause 14.1, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Thank you. Mr. Wheler.

Committee Motion 486-19(2): Bill 74: Forest Act - Amend Clause 14.1, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Brett Wheler

Mahsi, Madam Chair. First, I just want to say that on behalf of the technical working group and Intergovernmental Council's secretariat, mahsi, and give some appreciation to all the Members of the Legislative Assembly for the process convention and for working through that together with us.

The collaborative process is set up through the Intergovernmental Council. They're extremely, extremely important, and they're extremely important tools for reconciliation, for recognition of the essential role that Indigenous governments have in land and resource management, and for respecting the rights of Indigenous peoples across the various regions of the Northwest Territories.

From our perspective, the current draft of the act, Bill 74, is a carefully considered and thoroughly considered process, including intensive collaboration with the standing committee. And while fully respecting the authority of the Assembly, it is fair to say that the technical working group of the Intergovernmental Council hopes that the act moves through this final legislative step intact and as is given the considerable and, we think, groundbreaking collaborative effort that has gone into it.

More work is needed to fine tune the details, but the technical working group believes that that will appropriately be done through the regulations. So, overall, the technical working group feels that Bill 74 properly and accurately reflects the goals and the objectives of the Intergovernmental Council, and we fully support the bill in its current form, and we believe no further amendments are needed.

We do fully expect and trust that this motion, and the topics raised under this motion, and all the other motions, will be carefully considered during the regulation making process. Mahsi

Committee Motion 486-19(2): Bill 74: Forest Act - Amend Clause 14.1, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Thank you. I'm going to have to -- this is a new process for all of us. And so because it's a motion to amend a clause, the Members that can speak and so I didn't want to cut anybody off. But we're going to go call the motion again, and then we're going to have to go from there. Just because -- so to the motion.

Committee Motion 486-19(2): Bill 74: Forest Act - Amend Clause 14.1, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Question.

Committee Motion 486-19(2): Bill 74: Forest Act - Amend Clause 14.1, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Question has been called. I'll return -- sorry. There's a lot going on here. I'm going to pass it back to the mover of the motion to close the debate on this. Member for Frame Lake.

Committee Motion 486-19(2): Bill 74: Forest Act - Amend Clause 14.1, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Kevin O'Reilly

Kevin O'Reilly Frame Lake

No, thank you -- or thank you, Madam Chair. Yeah, we're kind of constrained to some extent by our procedures here, and we don't have the ability to have the kind of back and forth that we had in the technical -- sorry, with the committee meeting and in the clause-by-clause review so I appreciate the difficulty of trying to do this sometimes in Committee of the Whole.

But I just wanted to have an opportunity to respond to some of the things that I heard, and I respect all the viewpoints that I hear in this House even if I disagree with them sometimes. It's certainly not my intention to try to delay this bill. I want this bill passed in this sitting as much as probably anybody else because I had to try to deal with it in the last Assembly.

So that's not my intention here. I think -- well, I don't think; my intention here was to bring forward the motions that we had in -- from the committee to actually get a full response because we ran out of time, as several Members have indicated. So now that I've got the response, that's better; I have a better understanding of where folks have landed. But I haven't really heard any specific response as to why we can't release forest harvesting agreements as a public document. I haven't heard why we can't make permits and licenses that are not for personal use available for public disclosure as we do with all kind of other permits and licenses, because I think that's only in the interest of making more transparent and accountable decisions. So, you know, in no way am I trying to undermine the process convention that was set up, the Legislative Development Protocol.

I had to live through all of this in the last Assembly and made some very strong recommendations in the last Assembly supporting where we're at. So I'm not trying to undermine any of this stuff. We simply ran out of time as a committee. And I believe it is in the public interest to have the kind of debate and discussion we're having right now on the floor of the House about whether some additional information should be made public in the bill itself. That's what this is about.

And I guess in my view -- believe me, I'm not going to speak for another ten minutes so, because I'm the only thing that stands between people and dinner. So in my view, though, a lot of this can and should have been fixed before the bill ended up with committee.

The issue of a public registry, more public information being made public, that was raised in the last Assembly with Bill 44. It was raised again during the public engagement by the Northwest Territories Association of Communities and the NGOs. I made the same comments at second reading on the bill, so this shouldn't come as a surprise to anybody. And I think those -- that issue of public information, of public registry, should have been fixed before the bill got here. But it wasn't. So we negotiated to a point where we've got a pretty short list, much shorter than I would like, and I think it's in the public interest to add these additional items. Clearly, it's not going to get support here, and that's fine. But I think it was worthwhile to have this discussion and debate on the floor of this House. And, Madam Chair, I think that's all I have to say.

Committee Motion 486-19(2): Bill 74: Forest Act - Amend Clause 14.1, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Thank you. To the motion.

Committee Motion 486-19(2): Bill 74: Forest Act - Amend Clause 14.1, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Question.

Committee Motion 486-19(2): Bill 74: Forest Act - Amend Clause 14.1, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Question has been called. All those in favour, please raise your hand. All those opposed, please raise your hand. All those abstaining, please raise your hand. The motion is defeated.

---Defeated

Clause 14.1, does committee agree?

Committee Motion 486-19(2): Bill 74: Forest Act - Amend Clause 14.1, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Committee Motion 486-19(2): Bill 74: Forest Act - Amend Clause 14.1, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Thank you, committee. Committee, I just wanted to explain -- sorry, because when we're speaking to a motion, we can't ask questions. But we can ask questions -- that's why we have the witnesses here. When there's a clause to that clause, you can ask questions. So if we -- that's the difference and the Minister and the witnesses can respond to questions from Members but once we go to the motion, only the Members can speak to the motion. Sorry, that was -- and that's what happened. So with that, we are going to take a recess, and we'll come back with the remainder of this bill.

---SHORT RECESS

Committee Motion 486-19(2): Bill 74: Forest Act - Amend Clause 14.1, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Members, we're going to continue on with the clauses from Bill 74, Forest Act, and we're continuing on with clause 15. Does committee agree?

Committee Motion 486-19(2): Bill 74: Forest Act - Amend Clause 14.1, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Committee Motion 486-19(2): Bill 74: Forest Act - Amend Clause 14.1, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Thank you. Clause 15.1. Member for Frame Lake.

Committee Motion 486-19(2): Bill 74: Forest Act - Amend Clause 14.1, Defeated
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, Madam Chair. So this is an addition to the bill that standing committee worked with the departmental staff and the technical working group on, and there's now a new requirement for an annual report from the forest superintendent.

Part of the reason for this was during committee's review of the bill -- and it was actually in submissions as well -- that there was some concern that this forest superintendent has really broad powers to help create or develop forest ecosystem management plans that needs to be done collaboratively with Indigenous governments and co-management bodies, monitoring, research, a whole bunch of things. But all of that was kind of qualified by the word "may". And there was concerns raised about how much discretion this position seemed to have without any accountability. So committee thought about this a lot, and we came up with the wording that now appears in section 15.1, which is a relatively short list of things that the forest superintendent is now going to be required to report on. There's a lot of other things the forest superintendent will actually do. And I guess I'd like to get an explanation from the Minister as to how this list was arrived at. Thanks, Madam Chair.

Committee Motion 486-19(2): Bill 74: Forest Act - Amend Clause 14.1, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Thank you. Minister.

Committee Motion 486-19(2): Bill 74: Forest Act - Amend Clause 14.1, Defeated
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. Thank you.

Committee Motion 486-19(2): Bill 74: Forest Act - Amend Clause 14.1, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Dr. Kelly.

Committee Motion 486-19(2): Bill 74: Forest Act - Amend Clause 14.1, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Dr. Erin Kelly

Thank you, Madam Chair. The technical working group worked through this very carefully and determined what they felt was appropriate to include in the Act. I would definitely say that there are concerns about the use of the -- of broadening to any research activities because some of -- there's a question about what that could ultimately mean and it could be -- it's quite broad. It could be unclear in the Act that it doesn't include, for example, the forest supervisor Googling things on the internet. So the IGC, as technical working group came up with what they feel should be in the Act itself. And we can always look at putting some of these things in at a later date. We already have reporting that is done annually on forest science and research that are done, and it's a commitment that we've made to continue that work. Thank you, Madam Chair.

Committee Motion 486-19(2): Bill 74: Forest Act - Amend Clause 14.1, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Thank you. Minister.

Committee Motion 486-19(2): Bill 74: Forest Act - Amend Clause 14.1, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Shane Thompson

Shane Thompson Nahendeh

Yes, thank you. With your permission, I'd ask Mr. Wheler to provide something from the technical working committee too. Thank you.

Committee Motion 486-19(2): Bill 74: Forest Act - Amend Clause 14.1, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Thank you. Mr. Wheler.

Committee Motion 486-19(2): Bill 74: Forest Act - Amend Clause 14.1, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Wheler

Mahsi, Madam Chair. The technical working group for the Intergovernmental Council does share the concerns that were just expressed by Dr. Kelly, including the need for -- well, including the vagueness of any research activities. In general, the technical working group has been and continues to be open to improving the bill or improving on these factors, these considerations. But on things like this, we do think there's a need to carefully consider the details as part of the regulations to make sure we get things like the definition of "research activities" and get that right. And, you know, going forward in development of regulations, the Intergovernmental Council partners expect to be fully involved under the Legislative Development Protocol in that. Mahsi.

Committee Motion 486-19(2): Bill 74: Forest Act - Amend Clause 14.1, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Member for Frame Lake.

Committee Motion 486-19(2): Bill 74: Forest Act - Amend Clause 14.1, Defeated
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Kevin O'Reilly

Kevin O'Reilly Frame Lake

Yeah, thanks for that. I guess I want to point out that the wording, you know, about research activities is actually not contained in here. We're going to get to that in a minute with a potential motion. But the other list of items here in 15.1, they're all kind of preceded with this language about it's a summary of. And then it's any activities, any forest ecosystem management plans, any monitoring. So, you know, this word "any" and the kind of activity, that's the way that it's presented in the list here. So I just want that clarified, but -- or I just think it's important to look at the way this was drafted as well.

I guess the other concern with this list from committee's perspective, and my perspective, is that there's nothing in here about inspection and enforcement. So where would the public have any sense of whether there's inspections being carried out, whether there's any enforcement activities being carried out? You know, people want to have some reassurance that if we're going to pass legislation that departments actually follow up and actually do the work and that they have the resources to do the work as well, because we don't want people doing things that they're not supposed to be doing. So where would the public find out anything about inspection and enforcement activities if the forest superintendent doesn't have to report on it? Where would they find that information and where is it in the bill itself? Thanks, Madam Chair.