Northwest Territories Devolution Act

An Act to replace the Northwest Territories Act to implement certain provisions of the Northwest Territories Lands and Resources Devolution Agreement and to repeal or make amendments to the Territorial Lands Act, the Northwest Territories Waters Act, the Mackenzie Valley Resource Management Act, other Acts and certain orders and regulations

This bill is from the 41st Parliament, 2nd session, which ended in August 2015.

Sponsor

Bernard Valcourt  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

Part 1 enacts the Northwest Territories Act and implements certain provisions of the Northwest Territories Lands and Resources Devolution Agreement. It also amends and repeals other Acts and certain orders and regulations.
Part 2 amends the Territorial Lands Act to modify the offence and penalty regime and create an administrative monetary penalty scheme. It also adds inspection powers.
Part 3 amends the Northwest Territories Waters Act to make changes to the jurisdiction and structure of the Inuvialuit Water Board, to add a regulation-making authority for cost recovery, to establish time limits with respect to the making of certain decisions, to modify the offence and penalty regime, to create an administrative monetary penalty scheme and to make other changes.
Part 4 amends the Mackenzie Valley Resource Management Act to consolidate the structure of the Mackenzie Valley Land and Water Board, to establish time limits for environmental assessments and reviews and to expand ministerial policy direction to land use planning boards and the Mackenzie Valley Environmental Impact Review Board. This Part also amends the administration and enforcement provisions of Part 3 of that Act and establishes an administration and enforcement scheme in Part 5 of that Act, including the introduction of enforceable development certificates. Moreover, it adds an administrative monetary penalty scheme to the Act. Lastly, this Part provides for the establishment of regional studies and regulation-making authorities for, among other things, consultation with aboriginal peoples and for cost recovery and incorporates into that Act the water licensing scheme from the Northwest Territories Waters Act as part of the implementation of the Northwest Territories Lands and Resources Devolution Agreement.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-15s:

C-15 (2022) Law Appropriation Act No. 5, 2021-22
C-15 (2020) Law United Nations Declaration on the Rights of Indigenous Peoples Act
C-15 (2020) Law Canada Emergency Student Benefit Act
C-15 (2016) Law Budget Implementation Act, 2016, No. 1.
C-15 (2011) Law Strengthening Military Justice in the Defence of Canada Act
C-15 (2010) Nuclear Liability and Compensation Act

Votes

Feb. 12, 2014 Passed That Bill C-15, An Act to replace the Northwest Territories Act to implement certain provisions of the Northwest Territories Lands and Resources Devolution Agreement and to repeal or make amendments to the Territorial Lands Act, the Northwest Territories Waters Act, the Mackenzie Valley Resource Management Act, other Acts and certain orders and regulations, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
Feb. 12, 2014 Failed That Bill C-15 be amended by deleting Clause 136.

Motions in AmendmentNorthwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 11:35 a.m.

NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Mr. Speaker, my colleague hit the nail right on the head, in response to the Conservative member's question.

Here is a letter from the Tlicho government. It says:

Canada has failed to recognize the unique constitutional reality in the NWT created by land claims agreements. It cannot be legislated in a manner that is inconsistent with these modern treaties. This is not just about “consultation”. It is about ensuring that legislative choices are constitutionally sound and do not breach constitutionally protected treaty rights or undermine the purpose and intent of our Agreement.

We have heard this on a number of occasions during the testimony on the study. I happen to sit on the aboriginal affairs committee. We have seen people come and testify before the committee, and their comments are basically dismissed by the government even though these are the people who are living it on the ground.

Maybe my colleague could expand on the need to listen to the people of the Northwest Territories and whether or not we are going to be seeing more and more Canadian dollars wasted on legislation that is not constitutional.

Motions in AmendmentNorthwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 11:35 a.m.

NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, I thank my colleague, also a fellow northerner, for raising this important concern that was raised by the Gwich'in.

Not only are we very concerned that the government is about to spend significant money on a devolution process that has some real faults, faults that we could separate from the bill and prevent, but there is also the possibility of litigation.

The government has a dark history of spending hundreds of thousands of dollars on litigating first nations, some of the peoples in this country who have the least money. Somehow the government chooses to fight them in court, and instead of sitting at the table and finding a solution when the time is right, like now, it will do it in the courts.

That is unacceptable. We in the NDP believe that first nations and inherent rights are integral to the work we do, integral to the work of the Northwest Territories devolution system, and we will not waiver from that position.

Motions in AmendmentNorthwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 11:40 a.m.

NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, I am pleased to rise today to speak to Bill C-15.

Before I begin, I would like to thank two people who worked extremely hard on this bill. First of all, I wish to thank our leader, the hon. member for Outremont, for his support and for listening to the Government of the Northwest Territories, the groups affected by these changes and first nations groups. The hon. member for Outremont moved an extremely important motion today concerning clauses 136 and 137 of the bill. I will come back to this point.

I would also like to extend sincere thanks to my hon. colleague from Western Arctic for the incredible job he has done. He has done an enormous amount of work, both in committee and during consultations with the affected groups. This issue is very important to the member; it affects him personally, since he represents the Northwest Territories. He was born there and knows this file very well. My colleague from Western Arctic is truly committed to representing his constituents, which he does admirably, and I thank him for his work.

The NDP believes in a fairer, greener and more prosperous world. We believe in the fair, sustainable and responsible use of our natural resources. The NDP believes that we can create better bills by consulting and listening to the public and to interest groups. We also believe that the best way to work with the first nations is to adopt a nation to nation attitude and approach—not a paternalistic approach.

When the NDP forms the government in 2015, we will honour the existing international treaties. That is why we take Bill C-15 very seriously. Today, the leader of the NDP moved motions to delete clauses 136 and 137 of Bill C-15 so that they can be examined separately from the bill.

No one here is against virtue, and almost everyone agrees that Bill C-15 generally makes sense. That is why we would like to separate clauses 136 and 137. We have some concerns with these clauses, as do the people who will be affected by Bill C-15.

We want to ensure that Bill C-15 meets the expectations of northerners, among others, and we will address some of the concerns that have been raised regarding the Conservatives' plan to include changes to the Mackenzie Valley Resource Management Act. Indeed, the problem with Bill C-15 is precisely the part regarding the Mackenzie Valley Resource Management Act.

What are clauses 136 and 137? I want to talk about them for the benefit of the Canadians who are watching today's debate in the House. These clauses would create a single land and water regulatory board and would eliminate the regional land and water boards. All of the land and water boards would be merged to create a single board. The Legislative Assembly of the Northwest Territories is very concerned about this, since the existing boards work very well. I want to share something that Bob Bromley, a member of the Legislative Assembly of the Northwest Territories, said in February 2012:

The federal government’s proposal to collapse the regional land and water boards into one big board is disturbing, unnecessary and possibly unconstitutional...a single board does nothing to meet the real problem, failure of implementation.

Existing land and water boards in the Northwest Territories are working well. He is not the only person to have expressed concerns.

Later, I would like to quote others who are concerned about these provisions in Bill C-15.

Today in the House, we are wondering why we cannot debate these provisions separately. That is why our leader, the member for Outremont, moved a motion to delete them from Bill C-15, to study them thoroughly, to undertake appropriate consultations with the people who will be affected in the Northwest Territories and with first nations communities, and to adopt a nation to nation approach to these changes. We must listen to northerners' concerns about clauses 136 and 137.

The New Democrats want to delete these provisions from the bill, vote unanimously for Bill C-15, and pass the rest of the measures in Bill C-15 separately.

I also want to say that we, the NDP, strongly support devolution of other powers to the territorial governments. That is extremely important. I am from a province, not a territory, so I live in a place that has more powers than the territories. Honestly, when I found out that the Northwest Territories did not manage its own natural resources, I was a little surprised.

I would like to go into more detail about how it works with the provinces. For decades, people in the Northwest Territories have been trying to get more province-like powers. The NDP is in favour of devolution and supports the Northwest Territories in taking over some federal responsibilities in the north. The Northwest Territories knows best how its resources ought to be used, and ultimate authority should rest with it.

This is so important. It makes complete sense for the NWT to control its own natural resources.

I am pretty young, and not long ago, I completed an undergraduate degree in political science and environmental geography. During my early university years, I did an internship with Quebec's department of natural resources and wildlife in Mont-Laurier. I would like to say hi to the folks in Mont-Laurier.

That experience changed my life. I had the chance to work on different projects for an entire summer. Among other things, I worked on natural resource management, chiefly with regard to land, forests, lakes and the fishery. It was a wonderful experience and I learned a great deal. The thing that struck me the most during that experience is how respectful the people who work in natural resources are. The people I worked with had the onerous task of implementing new legislation. This meant taking a completely different management approach to forests, with regard to logging. They took this extremely seriously. I witnessed the implementation of this legislation, and I saw how the workers and the scientists worked together to fully respect the natural resources. The fact that it was the province that managed this directly changed many things in the overall approach to managing the land. I completely understand the concerns that the people of the Northwest Territories have when it comes to how their natural resources are managed, and I support them.

In closing, I would like to say that all the NDP members deeply respect the first nations' desire to manage their natural resources responsibly. It is also important to take a nation to nation approach when dealing with the first nations that will be affected by the various clauses of this bill. This is important to building a world that is more just, more green and more prosperous. Unfortunately, the Conservatives missed something in the consultation on clauses 136 and 137.

I must say that I am against an approach as paternalistic as the one used in these sections. At the same time, I fully agree with the provisions on access to natural resources and their management.

Motions in AmendmentNorthwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 11:50 a.m.

Conservative

Rob Clarke Conservative Desnethé—Missinippi—Churchill River, SK

Mr. Speaker, I find it very ironic. I come from a first nations background and heritage, and I am very proud of it. I am also very interested in economic development and growth in Canada. Canada was basically refounded on resources and development.

Instead of first nations and aboriginals being held down, the government is trying to give them a hand up, trying to work in partnership with first nations and aboriginals in the Northwest Territories. What I find very ironic is the NDP believing it is a paternalistic approach of not allowing aboriginals to be partners in economic development. Here is what I mean.

I will quote the member for Western Arctic:

We know that resource development hasn't reduced the poverty, and we can't simply rely on resource development to redistribute income in a fashion that's going to work.

My question to the member is this. Does she believe that no resource development will help Canada and aboriginals, especially those in the northern territories, on job creation, and helping Canada prove that jobs can work for everybody?

Motions in AmendmentNorthwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 11:50 a.m.

NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, I believe that my colleague opposite does not quite understand the NDP's position on this issue. We are only troubled by clauses 136 and 137, which we do not really agree with, and they have nothing to do with my colleague's question.

The rest of the bill is extremely worthwhile, and it will be good for first nations and the people of the Northwest Territories.

Clauses 136 and 137 concern the merger of several boards into a single land and water board. First nations are worried about having a single board.

We agree with the responsible and sustainable management of our natural resources. We also agree that the powers it does not currently enjoy must be transferred to the Northwest Territories. That is a logical step.

However, the experts, the Northwest Territories' MLAs and first nations peoples do not agree with the merger of regional boards. That is a problem for us.

Motions in AmendmentNorthwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 11:50 a.m.

NDP

Jean Rousseau NDP Compton—Stanstead, QC

Mr. Speaker, I congratulate my colleague on her excellent speech. She touched on one point, and our colleague from the Northwest Territories also made a good point earlier.

Why did the government not take into account the demands of the Northwest Territories that came from groups opposed to some aspects of this bill? Just like the NDP, those groups agreed with most of the bill.

It is unbelievable that, even today, a bill could be enacted that will affect the lives of the people living in the Northwest Territories and the government does not consider their views when the time comes to make improvements and updates and create a bill that is acceptable to everyone.

It is vital that we consider the people living there when we talk about economic development and responsible development of natural resources. The Conservatives do exactly the same thing every time: they ignore the demands of the people living in the areas concerned.

Motions in AmendmentNorthwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 11:50 a.m.

NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, I would like to thank my colleague from Compton—Stanstead for his question.

In fact, his question deals with an extremely important point. It has to do with the way the Conservatives draft their bills. The vast majority of members, if not all the members of the House, probably agree that Bill C-15 is a good bill overall.

However, the Conservatives have added sections to this bill that do not have unanimous support and that raise deep concerns in our society, particularly among the people who will be directly affected by Bill C-15. The bill addresses major issues, such as the development of our natural resources in the north and the transfer of powers.

Nonetheless, the failure to understand the regional reality and the merging of the regional boards that manage natural resources in the Northwest Territories pose a serious problem. We need to recognize our mistakes because that is how we make good laws.

That is why we are asking that those two parts be dealt with separately. For once, let us create a piece of legislation on which everyone agrees and let us act in the best interests of the people of the Northwest Territories.

Motions in AmendmentNorthwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 11:55 a.m.

NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, I am very pleased to address the House on Bill C-15, a very important piece of Canadian constitutional legislation. The bill would amend the Northwest Territories Act. We sometimes forget the importance of some of these foundational statutes. The NWT Act is essentially part of the Constitution of Canada, and we are amending it through this legislation.

Not long ago, in 1867, the Fathers of Confederation had a change made by a statute in England called the British North America Act. That is just another statute. This is just another statute. However, it has incredibly important ramifications for the people of the Northwest Territories, and therefore for all of Canada.

I want to start by saluting the work of the premier of the NWT, Mr. McLeod, for his negotiations and his patience in negotiating an arrangement with the Government of Canada. While I am at it, I want to congratulate my colleague, the member for Western Arctic, who has shown remarkable leadership in this entire process in educating some of us southerners about what this means to people who live and work in the NWT.

I want to start with those words of congratulations. I also want to echo something my friend from Saanich—Gulf Islands said. She used an adjective to characterize her reaction to this important initiative, and that was the word “disappointed”. We must be disappointed at a bill that had such promise, which could have brought us all together in support of this remarkable enterprise of devolution. I agree with much of what the Conservatives have said, including the parliamentary secretary, who talked about the remarkable impact of a bill like this on economic development, jobs, and the future of the NWT.

Therefore, why would I be disappointed? I am disappointed that the government has seen fit to essentially ignore the wishes of aboriginal partners in the NWT, the Tlicho, the Sahtu, the Gwich'in peoples, who all want the regional boards that exist there and appear to function well. They were created as part of co-management, as part of a land claims agreement. They are part of a constitutional fabric that has been negotiated in modern times. They are disappointed that they are being replaced by a superboard.

Therefore, instead of being here and joyously celebrating an event that is important in our constitutional history, what we are doing today, as my friend said, is expressing disappointment in the government for once again doing what our leader, the hon. member for Outremont, characterized as “bundling”. I did not say “bungling”; I said “bundling”. It bundled things that we would traditionally all want to support, to stand and salute, with measures that are poison pills, to use a word that my colleague from Surrey North used earlier in this debate. That is why I am disappointed. This could have been a joyous event, but in fact it is a disappointing one.

I have seen those examples in recent weeks in this Parliament. I have seen how, in the safe injection bill, the government managed to find a way to oppose that, and, of course, in the unfair elections bill that was debated yesterday where closure was invoked. That is another example where Conservatives have put some nice measures in that we would love to support, but then they spoil it with things that no sensible parliamentarian could support if they believe in fair elections.

Therefore, I am anxious to see why the government feels it can disrespect aboriginal leaders in this way and expect us to support such an initiative. Do not take my word for it; I am not making this up for rhetorical purposes. On November 18, 2013, Grand Chief Eddie Erasmus, of the Tlicho First Nation in the NWT, said this in a letter written to the Minister of Aboriginal Affairs and Northern Development:

As your treaty partner, I am writing to ask that you reconsider the path Canada is currently on in relation to the MVRMA [Mackenzie Valley Resource Management Act] amendments. ...Canada is proceeding with an approach that is inconsistent with a proper interpretation of provisions in our Agreement and will constitute a breach of our Agreement and the honour of the Crown. This would result in the MVRMA being constitutionally unsound and of no force and effect to the extent that it breaches our Agreement. Canada's current approach will also damage our relationship and create regulatory uncertainty.... We hope this does not come to pass. There is a better way to move forward.

That is exactly so. There is a better way to move forward than to bundle such unpopular and unnecessary legislation into a bill that deals with something so fundamental: namely, devolution.

What is devolution? What would be the impact of this? Essentially, the NWT would keep half of its resource royalties, without losing federal transfers, up to a total of 5% of its budget expenditures. It would get some of the powers that provinces have. It would become a more representative government, a more democratic government, with the resources to do what is needed to meet its demands in the NWT.

Those royalties are just part of what would go on in this kind of initiative. Of the three northern territories, only the Yukon controls its own resources; Nunavut negotiations are still ongoing. This kind of initiative, as I am told, would allow the territory to reap about $65 million a year from resource royalties. There is about 18% of that which would be transferred to the five aboriginal governments that signed on. Ottawa would send another $65 million to the NWT to compensate for the cost of those responsibilities, including the salaries of federal bureaucrats who would go to the NWT payroll.

The concept of devolution was originally agreed to in October 2010. Here we are, in 2014, about to pass, perhaps, an initiative that is long overdue.

I agree with the Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development, who said earlier in this debate that we need a robust resource regulatory system and better land management regimes or the developers would not be coming to create jobs and economic opportunity in that territory.

However, I am told by my colleague from Western Arctic that when we had committee hearings recently in Yukon, the overwhelming desire was to leave the resource regulatory boards in place. That is something that needs to be emphasized.

In emphasizing that, I want to read from an editorial in the NWT News, which was apparently written yesterday, about this very arrangement that we are talking about. It says a number of things, but let us talk about the superboard that the current government insists on making part of this initiative, the poisoned pill that I mentioned earlier.

The editorial in yesterday's NWT News states:

Whether Ottawa has the right to create a super board in the NWT is Irrelevant. What matters is three groups of people fought hard for the right to self-government and negotiated in good faith for the right to help shape decisions at the regional level. They have been abandoned by their government.

Accepting the linkage[s] of the two distinctly different legislative bills affecting the NWT betrays the Sahtu, [the] Tlicho and [the] Gwich'in governments who all worked with the [Government of the NWT] until they had built the trust to sign onto the devolution. The Gwich'in went so far as to drop a lawsuit that might have held up the deal.

It goes on to say:

While devolution is undeniably good for the NWT, what the [Government of the NWT] is losing [in return]--regional input, trust and co-operation...--tarnishes the accomplishment.

Worse, this so-called super board is nothing more than a public relations move to placate the global, cash-starved mining industry at the expense of Northerners.

I want to salute the government for finally negotiating a devolution agreement, which is so critical to our country, for the constitutional change it would make to our country. However, I wish it would reconsider what the northerners want them to reconsider, which is the creation of an unnecessary superboard.

Motions in AmendmentNorthwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 12:05 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I want to return the favour and thank my hon. colleague from Victoria for his excellent address.

For those who have a legal background, as my hon. friend does and as I have, it is astonishing to me, as I made this point earlier today, that the Conservative administration refuses to take seriously numerous Supreme Court decisions.

With regard to the elimination of four regional boards that have been the result of negotiation and treaty, that are part of a government-to-government relationship, it is not really a matter of “We've told them about it for years, so they should be ready for it by now”. That is not consultation.

I wonder if my hon. colleague would like to reflect upon, based on his own extensive experience in this area, what proper consultation, nation to nation, between the federal crown and first nations, would look like if the current government got it.

Motions in AmendmentNorthwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 12:05 p.m.

NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, I do not understand the following. Consultation is not a “would be nice to have” thing, but it a “must-have” thing. The Supreme Court has made that abundantly clear. In many cases involving the north, and recently involving the Yukon self-government and the constitutional protections there, it has reinforced what it had said so frequently in southern cases, if I can call the Delgamuukw and the Haida cases southern.

In the north as well, the honour of the crown is relevant. We enter into these regional agreements with first nations, we make them part of a land claims agreement that is working well, and then the government comes along and wants to blow it up. That is not respectful, and it is probably not constitutional either.

The Government of Canada has been held to account more than once on the need to observe the honour of the crown. That is a living, breathing requirement of consultation and accommodation.

Many experts have said that this simply will not stand up. Again, I ask why. Why are we here, on what could be the happiest day for the north, talking about something that is so unnecessary?

Motions in AmendmentNorthwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 12:05 p.m.

Conservative

Joan Crockatt Conservative Calgary Centre, AB

Mr. Speaker, the bill that we have here today is really one that would empower the Government of the Northwest Territories. It would empower them to collect all royalties and fees from resources in their territory. That is a huge step forward, and one that they have been waiting for for years. The Government of the Northwest Territories would retain 50% of the resource revenues, and up to 25% of this 50% would go to the first nations who have signed on to devolution. This is very good news. I cannot understand why the NDP keeps complaining about it.

The bill is about jobs and growth. Resource revenue sharing is a vital part of developing and harnessing this growth for the benefit of all northerners. I would like to hear from the hon. member for Victoria a comment on the NDP's opposition to this very important step toward developing self-governing and sustainable communities in our north.

Motions in AmendmentNorthwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 12:05 p.m.

NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, I hope I was clear in my introductory remarks when I congratulated the parliamentary secretary for that initiative. I thought I was being clear when I agreed with him that economic development was crucial for the north and that the devolution part of the bill would go a long way in that direction. I thought the member for Western Arctic was also clear in his support for that fundamental proposition.

If I am not clear, let me say it again that that part of the bill is long overdue. Indeed, the Liberals had, I think, 13 years to do something and did not. The Conservative government did, and I am glad that it finally did, but let me say that to add a poison pill that has been so rejected by first nations and that is likely to be unconstitutional strikes me as absurd.

Motions in AmendmentNorthwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 12:10 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, in 2002 and 2003 there were larger numbers on the table from the federal government at the time. Devolution was proceeding at that time with a lot more authority and control. There were larger sums of money being offered for the A-base funding. This whole thing fell apart because the first nations were not on board with the territorial government at the time for devolution.

What we have now is a situation where first nations are on board, and we are taking away one of the essential elements they have within their regional claims. Does that make sense you?

Motions in AmendmentNorthwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 12:10 p.m.

The Acting Speaker Barry Devolin

It does not make sense to me. I presume that the member was asking me the question, but we would rather hear from the member for Victoria.

Motions in AmendmentNorthwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 12:10 p.m.

NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, as I indicated earlier, one of the first nations, the Gwich'in, went so far as to drop a lawsuit that might have held up the deal, showing that it wanted to get on with this but that nothing was happening. Therefore, why we would have a bill that would create a board that the first nations want to reject and are therefore likely to want to litigate against becomes even more inscrutable, and for what? We should be celebrating devolution, not having to debate such an issue at all.