Indigenous and Northern Affairs Committee on March 12th, 2009

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

You're confirming my fear.

[Karl Jacques]

Which one?

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

By passing this act, with the delegated authority we're giving to the executive, we're opening the door to unequal treatment between provinces.

[Karl Jacques]

That's already the case for automobile traffic, for example. All the laws that apply in national parks are laws that apply in every province. It's obvious that, necessarily—

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Yes, but here I'm talking about a federal area of jurisdiction or responsibility with regard to aboriginal peoples.

[Karl Jacques]

I'm not sure I understand what the distinction would be. In fact, it's simply a system for putting resource management in place to harmonize the act with that of the province in which the reserve is located.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

You're confirming my fears. So I'm going to come back to this once we've done the clause-by-clause consideration of the bill.

Also, in the bill, is there anything that requires the government to provide a periodic report on the incorporation of provincial acts and regulations?

I haven't seen any. Is there an annual or biennial periodic report through which the Government of Canada reports to the Parliament of Canada on regulations that have been incorporated under this act?

[Karl Jacques]

There is no such publication report or account to be made—

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

But do you believe that—

[Karl Jacques]

—but these regulations have to be published in the Gazette.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Mr. Chairman, as a legislator, what I'm hearing here is that I'll be expected to keep track of all the publications, of all the regulations in the Canada Gazette and in provincial gazettes, as opposed to asking the executive to come periodically--every year or two--and report to the legislator, to the Parliament of Canada, saying, “Here are the provincial regulations and the laws that we've incorporated in the application of Bill C-5, whatever it will be called, by virtue of the powers delegated to the executive by this law.”

Wouldn't it be appropriate to have a requirement for a periodic reporting to Parliament of the application of these provisions?

[Strater Crowfoot]

I guess that could be a process. I want to emphasize that we're not taking all provincial authorities or powers. Certain aspects of them, where we're silent--

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

From (a) to (z).

[Strater Crowfoot]

No, no, just certain parts of the environment and conservation. So we'll be applying those.

Each province is different. Our goal is to make sure that the first nation in that province is competitive. We want to have a regime where it's different from the provinces and first nations.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

And I might ask the government, Mr. Chairman, to consider the possibility of crafting such an amendment for the bill that would require this periodic accounting to Parliament of the application of the delegated authority that's being requested here.

[The Chair, Conservative, Bruce Stanton]

I think the question has been put.

I'm sorry, Mr. Jacques, we have to continue on.

We will now go to Mr. Payne, please.

[LaVar Payne, Conservative, Medicine Hat, AB]

Thank you, Mr. Chairman.

Thank you, gentlemen, for appearing today.

I have a couple of questions.

First of all, the previous witnesses from Stoney First Nations indicated that there were issues regarding royalties on first nations. I'm wondering if you can help me out in terms of what involvement first nations had with the negotiations of royalty rates.

[Strater Crowfoot]

I'll respond to that.

When land is available on first nations, we work with chief and council to post those lands. We get interest from the companies, then we sit down with the first nation and the company. Usually the first nation is involved in the negotiation of the royalties, the bonuses, and then some of the terms of the lease. Usually first nations look for including some work provisions, employment provisions in the lease.

So they're involved quite heavily in those aspects of the drafting of the lease.

[LaVar Payne, Conservative, Medicine Hat, AB]

In terms of those negotiations, I'm assuming those take place over a period of time.

[Strater Crowfoot]

Yes.

[LaVar Payne, Conservative, Medicine Hat, AB]

Do they come fairly quickly?

[Strater Crowfoot]

It depends on the first nation, the area that's available, how badly the company wants it, and what's going on, of course, around the reserve.

[LaVar Payne, Conservative, Medicine Hat, AB]

And that would apply to all the first nations?

[Strater Crowfoot]

Yes.

[LaVar Payne, Conservative, Medicine Hat, AB]

Okay.

My second question is on how Bill C-5 would enhance the environmental laws for drilling on first nations land for oil and gas.