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 was last introduced in 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. The Library of Parliament often publishes better independent summaries.

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.

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.

Northwest Territories Devolution ActGovernment Orders

December 5th, 2013 / 11:40 a.m.
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NDP

Francine Raynault NDP Joliette, QC

Mr. Speaker, I thank my colleague from Sudbury for his speech.

The party in power does say that it consults people and conducts public consultations. However, in my experience, it would seem that there is a rather minimal amount of consultation. Furthermore, bills do not even reflect the views of the people consulted.

When people are consulted, they can tell us what kind of life they want and how they want to structure their society and use their natural resources in order to have a better life.

According to the member for Sudbury, what is the role of public consultations in ensuring that people live well, are happy and achieve social peace? How does he see the consultations?

Northwest Territories Devolution ActGovernment Orders

December 5th, 2013 / 11:40 a.m.
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NDP

Glenn Thibeault NDP Sudbury, ON

Mr. Speaker, I thank my colleague for her question.

The interesting thing about consultations is that we do not always get everything we want to hear in the sense that public consultations are just that. People come and give their two cents on the issue of the day. Sometimes we may think that what we are proposing and what we are moving forward is right and just, but then we hear through the consultation process that we forgot about something. When we recognize that, we can make the fixes and bring them forward to make sure, through public consultations, that the legislation we are bringing forward is the best we can do.

Right now, unfortunately, with so many questions left unanswered, I do not know if we are bringing forward the best we can do. When we are creating superboards, when we are leaving the powers of so many jurisdictions in the Northwest Territories within the power of one federal minister, there is some concern.

If the Northwest Territories could have 40 meetings with the public and with stakeholders, then we need to be able to do the same and listen at committee. If there are recommendations made at committee through the testimony of the witnesses and through the work done by the opposition parties, I think it is an opportunity for us to ensure that we put them into the legislation to make the best law we can for the Northwest Territories.

Northwest Territories Devolution ActGovernment Orders

December 5th, 2013 / 11:40 a.m.
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NDP

Malcolm Allen NDP Welland, ON

Mr. Speaker, I want to ask the member a question specifically about the amending process in the committee process. Perhaps he could tell us about some of his experiences that were not in camera, because obviously, if they were in camera, he would not be able to say anything.

I can speak to the experience I had with the agriculture committee, when it came to the Canadian Food Inspection Agency, when the government brought forward its latest bill on food safety. We had a series of amendments we actually discussed in an open session, because it was a public session, so I can speak to them.

We proposed a number of amendments that we felt were comprehensive and that would not alter the bill substantively but would actually enhance it. We were actually working with the government to enhance what everyone sees as being correct, which is making a strong piece of legislation on food safety. One would have thought they would want to actually do that. If they left something out of the legislation, would they not want to add it in?

It seems that if we propose it on this side, it is going to be denied. What we have seen is that there is no opportunity, because it is simply voted down.

I hope my colleague has a comment on that.

Northwest Territories Devolution ActGovernment Orders

December 5th, 2013 / 11:40 a.m.
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NDP

Glenn Thibeault NDP Sudbury, ON

Mr. Speaker, I would like to thank my honourable colleague and comment on the fine tartan tie he is wearing today.

Amendments on this side of the House come from testimony from witnesses and stakeholders and from research. They are always thrown away by the government. That is unfortunate.

Northwest Territories Devolution ActGovernment Orders

December 5th, 2013 / 11:45 a.m.
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NDP

Kennedy Stewart NDP Burnaby—Douglas, BC

Mr. Speaker, I will be splitting my time with the member for Vaudreuil-Soulanges.

I would like to thank the member for Western Arctic for his work on Bill C-15. I have never had the opportunity to be in the north, but I feel that I have been there after speaking with him. He knows that part of Canada intimately and regales us with plenty of stories that let us feel as if we have actually been there ourselves, if we have not had the pleasure. This is why parliaments are essential. They bring people from different parts of the country together to discuss where there is overlap and interest but where there is also disagreement.

A well-functioning Parliament is essential to a well-functioning country. Sometimes I wish this Parliament would function a little better. There are a number of measures before the House, either motions or private members' bills, that I encourage everyone in the House to look at, because we need to make this place work a little better.

I am happy to say that we are supporting Bill C-15 at second reading. We favour devolution for the Northwest Territories. They have pushed for it for a long time, and I am happy to see that we are at least going part of the way to getting this right at the moment. However, there are a number of problems we have with the bill, as my colleagues have pointed out in their speeches. We are looking forward to discussing them at committee.

My colleagues here today have offered a robust discussion on the details of the bill, although it would have been nice to have had more comments and speeches from the other parts of the House, because what we are here to do is share and deliberate. Perhaps some of the questions from the other side will help us work through this a little more today.

There are two things I would like to do in my short time. One is to continue what my colleague, the member for Welland, was speaking about, which was the idea of devolution and what it means. To talk about it in normative terms, what is it we try to accomplish by devolving? What are the themes, and what would we look at to determine whether devolution is a success or a failure? Second, if I have time, I will also look at the Yukon, which has been devolved for many decades now. There are lessons we can learn from that territory that perhaps we could transfer to the Northwest Territories.

Mr. Speaker, if you have free time on Friday night, there is an article you may want to peruse. It is titled “Assessing Devolution in the Canadian North: A Case Study of the Yukon Territory”, by Alcantara, Cameron, and Kennedy. It is from the academic journal Arctic, Volume 65 No. 3, published in September 2002. They actually have a very good case study. They conducted many interviews in the Yukon to ask a number of essential questions and to assess how successful the Yukon had been in devolving its powers. I recommend that to you, Mr. Speaker, and anyone else in the House. Sometimes the ivory tower can be useful, and in this case, it does give a good perspective.

What is devolution? All countries have constitutions, and constitutions lay out who has the ability to distribute resources and make rules. They distribute power within a country. However, if we remove the constitution and just say that we have a whole bunch of people living on a particular land mass, how would we write the rules that would determine who makes decisions?

In some ways, devolution is a reaction to our current constitutional situation. The provinces and the federal government are enshrined in our Constitution. They are actually given, under sections 91 and 92, the statutory authority from the Queen of Canada to execute laws and distribute resources in Canada.

In some ways, territories are not unlike municipalities. Sometimes that offends people, so I want to be clear that, constitutionally, provinces are recognized. They devolve power to the municipalities. Constitutionally, of course, the federal national government is recognized. It devolves power to the territories. However, there are some real differences between territories and municipalities, and there should be. Territories are much more like provinces in nature. For example, as we are seeing in this bill, they have more control over resources, such as a 50% split in the determination of resource revenues, whereas municipalities have much less power.

However, in nature they are similar because both territories and municipalities are not masters of their own fate. Where a province has certain constitutional powers to determine what they want to do without interference from the federal government, territories do not have that luxury.

When the federal government decides what kinds of powers it is going to devolve to territories, and provinces decide what kinds of powers they are going to devolve to municipalities, we have to make sure that the local population is getting the powers and the resources it needs to do the work it needs to do at the local level.

As my colleague from Welland pointed out, devolution has been a major theme around the world, especially in the United Kingdom, for many decades. I had the opportunity when I was living in the U.K. from 1997 to around 2002 to watch as New Labour decided to move ahead with a very aggressive devolution agenda. For example, we had the Good Friday Agreement, which was signed and devolved some powers in Northern Ireland. Considerable powers were also devolved to the Scottish and Welsh legislatures, as well as the City of London, which is treated more in some ways like a province than a city these days.

There was a lot of negotiation about who would get what powers and where. The power to make the change is still with the Queen and with the U.K. Parliament, however these local bodies have become much more autonomous and independent. Universally, across the United Kingdom, this is a good thing. Local people have much more control over their own lives through their own legislatures.

I think devolution continues to be a popular idea, and it should be because, in general, devolution is a good thing. Why would we devolve? What are some of the normative reasons why we might devolve power to a lower level or a government that is closer to the people?

One of the first arguments as to why we would do this is that it increases efficiency. We have heard this from the other side of the House. It does appear in the academic literature. If, for example, there were no territorial government in the Northwest Territories, that would mean all the decisions made in the north would be made from right here in Ottawa. We would debate what is best for northerners with a couple of representatives here in the House, and the vast majority of people who do not live in the north would be making decisions for the north.

That is why a devolved legislature with distinct powers in the north is essential. It allows northerners to make decisions about their own lives. The extent to which these decisions can be made, the decisions that are determined by the federal government and/or the NWT government, is what is at the core of what we are discussing here, both in this act and I am sure, in subsequent acts as we move to devolve more powers.

The argument is that sub-national authorities, here territorial governments, are better positioned to access and make use of local knowledge and context when they are making decisions. If there were no Northwest Territories government and I was asked every few days to make a decision for people in the north, I would feel unprepared to do that, because I have not visited.

This is why it is so great that there is a very well-functioning legislature there. Devolution would lead to more efficiency within government. Therefore, efficiency is one reason to do it.

The second reason is that, most importantly, devolution encourages government responsiveness. Local people can hold local representatives to account. The more power that these local politicians and local governments have, the more people will take interest and participate in their own governance.

I will close by looking at voter turnout, for example in the NWT. In the late 1990s, it was around 70%. It was around 60% in the 2000s. Northerners are already very engaged in their own governance. I think devolving will increase interest in governance in the Northwest Territories, and for that reason alone it is a grand idea to devolve powers.

However, I wish that the government would debate more on this. I hope that it will encourage discussion and witnesses to come forward so that we can make sure that we get it right the first time around. This one has been a long time coming. We do not want to wait another 20 or 30 years before we do it again. We have to get it right, now.

I implore the government to at least listen to our side of the House as we move forward with the bill.

Northwest Territories Devolution ActGovernment Orders

December 5th, 2013 / 11:55 a.m.
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NDP

Malcolm Allen NDP Welland, ON

Mr. Speaker, I would like to thank my friend from Sudbury, who mentioned my tie. Just to let folks know, this is the official tartan of my hometown of Glasgow. There is a plug for the European City of the Year in 1998.

Nonetheless, in contrast to how our colleagues on the other side, many of whom come from Alberta, would see the national energy program, which the Liberals hoisted upon them many years ago, how must folks in the north feel? I have been to Yellowknife on occasion. It is a wonderful place. How must they feel, and how would the Conservatives feel if they were under the same sort of program that the folks in the north are when it comes to their resources?

I would love to talk to the member for Fort McMurray—Athabasca about how he would feel if he were under the same sort of a regime in Alberta that the Northwest Territories is going to be under, imposed upon them by this legislation. My guess is that there would probably be a riot in Calgary, but that is of course speculative on my part.

I wonder if my friend could comment on that very issue and the contrast of the two. It would seem to me that in an egalitarian place such as this country, we would want to treat them the same.

Northwest Territories Devolution ActGovernment Orders

December 5th, 2013 / 11:55 a.m.
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NDP

Kennedy Stewart NDP Burnaby—Douglas, BC

Mr. Speaker, under the Constitution, we are all Canadians. We enjoy the rights that are given to us in the Canadian Charter of Rights and Freedoms. However, we are not all equal administratively. That is because in the territories, the territorial governments have fewer powers than the provinces.

This is a crucial part of the debate. Where Albertans, British Columbians or people from Ontario have provincial governments that have complete discretion over their resources, the people who live in the territories do not. This has not really been addressed adequately in the bill.

We have mentioned this on a number of occasions. There are, perhaps, pending lawsuits over this in the north, and that worries us greatly. We want to make sure that we get this right, but we want to make sure that we treat all Canadians equally. Again, this is a concern that we have brought up and would like to discuss more with the government.

Northwest Territories Devolution ActGovernment Orders

December 5th, 2013 / 11:55 a.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, just to follow through on that particular question and to look at the issue of natural resources and resource development within the agreement, there is the idea that a certain percentage would in fact go over to the territories or remain in the territories as the natural resources get developed. It is estimated into the tens of millions of dollars. They will continue to receive transfer payments over and above that.

Does the NDP have a position on what they would like to see as an ultimate goal? Is it talking about 100% of resources that are generated out of the territories staying in the territories? What is the party's position on that?

Northwest Territories Devolution ActGovernment Orders

December 5th, 2013 / 11:55 a.m.
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NDP

Kennedy Stewart NDP Burnaby—Douglas, BC

Mr. Speaker, the way I look at Canada and all parts of Canada is that all Canadians should be equal, both constitutionally and administratively. The bill is a move in the right direction.

However, I am sure that this issue will come up again and I really hope that we do not take as much time as we have in the past. This has been dragging on way too long. Oddly, there has not been a lot of consultation. Although it has taken a long time under the Conservative government and the previous Liberal government to get the ball rolling on this issue, there has not been as much consultation as there should have been. The Conservatives have had lots of time, but they have not talked to enough people.

We should reverse that next time, make it shorter but make sure that we include more people in the process.

Northwest Territories Devolution ActGovernment Orders

December 5th, 2013 / noon
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NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, I would like to start by thanking the member for Western Arctic for all the work he has done in the House and on the bill, in particular. Here is one man who represents a vast territory and does so very well, above and beyond what I would expect a member to do. He brings his work with him and I have great admiration for him. He brings the issue of Arctic sovereignty to the forefront in an authentically northern way. I will explain what I mean by an “authentically northern way” in my coming words.

It is not easy to represent an authentic northern perspective in the House and that is simply because, save for three seats, the rest of the seats are occupied by people from the south. Therefore, the priorities of the north depend on the voices of their three representatives in the House, of which the member for Western Arctic is one. I commend the member for doing so continuously and doing it to the best of his abilities.

I am a southerner, so I have to say right off the bat that my knowledge of the north is limited. The people of the north, from what I understand, embrace a philosophy that integrates people and places in a way that is hard for southerners to sometimes understand. Nevertheless, here we are again in the House making decisions for the north with the majority of MPs being from the south.

In my speech, I will depend more on experts, having said that my knowledge of the north is limited. I have never travelled to the Northwest Territories. I know what I have read in books, but I would like to depend on experts to explore some concepts surrounding devolution. I would first like to discuss Arctic sovereignty. The NDP is in favour of increased sovereign powers for the Northwest Territories. Other of my colleagues have mentioned province-like powers, but I would prefer to use the term “increased sovereign powers”. In doing so, we need to see the north's point of view of Arctic sovereignty.

At this point, I will share a quote with the House by John Ralston Saul. He stated:

Most of the sovereignty debate has been framed in old-fashioned western empire terms: We have a distant frontier that must be defended. This frontier is ours, not theirs, whoever they may be. It is only in this context that the people of the North are mentioned, as if the reason for their existence were to serve Canadian sovereignty. There is little sense in all of this that the well-being and success of the people of the North is a purpose in and of itself. And they do not need to be the guarantors of our sovereignty—even though they are—in order to deserve well-being and success. They deserve these exactly as any other Canadian citizen deserves them.

Some of my colleagues touched on the point of equality. In terms of devolution, what are speaking about here today? I have particularly enjoyed Anthony Speca's article in Policy Options. He stated:

Devolution means first and foremost that the territories’ own elected legislators, not distant southern ministers, make decisions in the local interest over the use and development of lands and resources. Perhaps no less importantly, it also means a share of the substantial revenues those lands and resources may generate.

In exploring those ideas about devolution and Arctic sovereignty, we must talk about what Speca mentioned in his article, which is resources. How will we treat them in this agreement? Again, I point to a quote by John Ralston Saul, which states:

...we are a northern nation. Two thirds of our country lies in what is normally categorized as North lands. One third of our gross domestic product comes out of the three territories and the equally isolated northern parts of our provinces. And that one third is what makes us a rich, not a poor, country.

One-third of our GDP comes from the north. This GDP is largely from the rich natural resources that exist in those territories.

The question we should be asking here surrounding Bill C-15 is this: are we more interested in prosperity for the south or true prosperity for the people of the north? This is an essential question that we should be asking in this House with respect to Bill C-15. I am quite disturbed that government members are not standing up to give speeches, nor are members of the Liberal caucus, because it is a very important question that we should be asking.

In terms of devolution agreements, we have three that are in process. We have had Yukon, Northwest Territories, and Nunavut.

What Mr. Speca speaks about in his article is the agreement between Greenland and Denmark. I would like to share with the House, as briefly as I possibly can, his ideas about the agreement between Greenland and Denmark because of what he mentions in his article in talking about the agreement.

He said:

As a consequence of assuming self-government within the Danish Kingdom, Greenland obtained jurisdiction over not only its abundant onshore mineral deposits—gold, lead, zinc, iron, rare earths, rubies and so on—but also virgin offshore oil and gas fields that the US Geological Survey estimates contain a tremendous 40 to 50 billion barrels of oil equivalent...

He is talking about all of the resources Greenland has.

Mr. Speca said that through Denmark's agreement with Greenland, Greenland was able to realize growth at an astonishing rate. In 2002, the revenues from resources were about zero; they ballooned up to $600 million in 2010. Through its agreement, Greenland can hope to benefit handsomely from resource revenues in the coming years.

Mr. Speca goes on to say that had Denmark not handed this potential stream of wealth to Greenland, it would have flowed into the treasury of Denmark. Instead, both parties took a long-term view toward the prosperity and progress of the people of Greenland so that they could, in addition to the self-governance powers they got, also realize their own financial revenue and not depend so much on Denmark.

Mr. Speca goes on to say that under the agreement outlined in Bill C-15, the Northwest Territories would not benefit as much as Greenland did from Denmark. We could look to this agreement to see an international perspective on a best practice for providing a better guarantee for the prosperity of the Northwest Territories.

The question I have to ask is this: does this agreement give the Northwest Territories the long-term capacity to guarantee their fiscal capacity to deliver northern-sourced solutions and services to the north, rather than what has happened so often in the past, which unfortunately was the south importing unimaginative southern solutions for northern people? Canada needs to catch up on our northern policy by looking at other circumpolar nations.

I will end with another quote from John Ralston Saul:

When you look at the heavy hand of the South on northern architecture or power systems or education methods or food supply systems, you begin to realize how difficult it has been and remains for the new Arctic leadership in particular to put a northern perspective in place. Not always, but very often, the insistent and unimaginative ideas coming from the South have solved immediate specific difficulties while creating systemic problems.

Mr. Speca also said:

...bargaining over resource revenues is both a political and a fiscal game. Following four years of political preparatory work by a joint commission on Greenlandic self-government, Denmark and Greenland together explicitly took the long view toward Greenland's potential emergence as an independent, postcolonial state, with full sovereign rights over its own lands, resources and the revenues that flow from them.

The NDP will be supporting this bill at this reading, but we will always be there to ensure that Bill C-15 will meet northerners' expectations and to discuss these questions at committee.

Northwest Territories Devolution ActGovernment Orders

December 5th, 2013 / 12:10 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, New Democrats have been supportive of the broad concept of devolution of power to the Northwest Territories. As my friend mentioned, the New Democratic member for Western Arctic has been fighting for this since before he was elected to the House.

We had a very good meeting with Premier McLeod a couple of days ago. The challenge that the government has created is around a secondary aspect of land and water use in the Mackenzie Valley. As someone who represents a northern riding, I have a great interest in the government's role in devolving powers and transferring wealth back to northerners.

Too often we see governments recognizing the north only as a place for resource development and wealth generation, while the rights and title of the people who actually live there are often not respected. There is no equivalent transfer back of revenue from the federal government.

In my first year here, we had a study done. It showed that in Skeena, in my riding in northern British Columbia, for every $10 we were sending out in revenue wealth to the federal coffers, we were getting $1 back in services over the previous 10 years. It is an enormous imbalance in the way that we manage the affairs of this country. As a result, in the Northwest Territories many services underperform because of a lack of resources.

For once the government seems to be listening to northern communities and saying that the devolution of powers to the territories is a good idea, but it has included a little string back to Ottawa, a little control piece back to the federal minister, who will have final jurisdiction over the MVRMA.

I am wondering what that speaks to in regard to the government. It almost seems there is a hesitation, that there is not complete confidence in the north's ability to govern itself. This is one of the things we want to study at committee.

It particularly pertains to first nations in the north. There will be implications for first nation communities and first nation leaders as to how the land and water are governed. If Ottawa ultimately has the final say in all of these matters, that seems to undermine just a little the effort the government is making here today to finally respect northern and aboriginal communities.

Northwest Territories Devolution ActGovernment Orders

December 5th, 2013 / 12:10 p.m.
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NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, I thank the member and colleague for Skeena—Bulkley Valley for his excellent question, because it touches on the idea of northern people knowing what is best for what happens on their land and with their resources.

As a southerner, I know that I have moved from city to city throughout my career. I have lived in Vancouver, Thunder Bay, and different cities in Canada, and I had a sense of mobility about moving around urban environments in the south.

However, there is a particularly northern perspective, a deep understanding and link with the land, that people in the north have that sometimes we from the south tend not to see. We cannot see from the northern perspective, in fact, because we do not live on that land. We do not live and breathe that land every day of our lives for generations and generations. We have a different perspective.

My feeling is that we should discuss this aspect at committee, because we do need a northern perspective. To add this little string to Ottawa is again holding some kind of southern perspective and imposing southern influence on what should be completely under northern sovereignty.

Northwest Territories Devolution ActGovernment Orders

December 5th, 2013 / 12:10 p.m.
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NDP

Francine Raynault NDP Joliette, QC

Mr. Speaker, I thank my colleague from Vaudreuil-Soulanges.

Several of my colleagues know that the Atikamekw Nation is found north of Joliette, at the end of an 85-kilometre logging road. You have to rent a good 4x4 to get there.

Some first nations are concerned about the changes this bill makes. It will be studied in committee, and I truly hope that the government will actually listen to the amendments that witnesses want and that will be moved by the NDP in the best interests of these nations.

I would like to hear what my colleague thinks about that. Does he hope that these peoples' needs will be heard in committee?

Northwest Territories Devolution ActGovernment Orders

December 5th, 2013 / 12:15 p.m.
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NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, I feel it is critical that we start listening to first nations, both in the south and in the north. They know their land the best. They know the resources. They know what technology is lacking.

For example, snowmobiles are not sophisticated enough to meet the needs in the Arctic. They would have to be imported from Finland to work in that region. They are, however, built by Bombardier.

Finland has a northern policy that includes those living in the far north. We need to do the same, and we can start by listening to the first nations people who live in those territories.

Northwest Territories Devolution ActGovernment Orders

December 5th, 2013 / 12:15 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, it is important that we recognize right from the get-go the incredible effort of the many who people got involved and participated in a worthwhile project that ultimately allowed us to have this debate today. I am thinking of individuals like Premier Bob McLeod and his group of MLAs in the legislature in Yellowknife, the many first nations, Inuit, Metis and others, different stakeholders, who have a very strong vested interest in ensuring that good, solid policy decisions are being made.

I want to, first, recognize their efforts in that sense of commitment to give us a stronger and healthier Canada.

When I reflect upon my younger years, a number of years ago, in high school, I would get a sense of pride when we pulled down the map of Canada. It is a massive country land wise. I think we are number two in the world. Russia, I believe, is the only country that has more land mass than Canada. We all have our own sense of pride. I am from Manitoba and I am very proud of that. I love my city. I am a very strong nationalist. I am a Canadian first and foremost.

However, when we look at the map, we see that vast land to the north. At that time, the Northwest Territories looked quite different. We have seen some changes, even since I was in high school.

However, once all is said and done, I recognize, even as a high school student, that there is this great vast beautiful part of Canada, which I believe has so much opportunity into the future, not only for those who live in the Northwest Territories but for all Canadians.

As we become mobile as a society, we understand and appreciate all regions of our country, whether it is the prairie lands in Saskatchewan, Manitoba and a bit in Alberta, or our mountains in British Columbia, or the Shield in northern Ontario, or those beautiful cliffs and the Atlantic Ocean out east, or that vast land up to the north, which has so much to offer.

We are finding that more and more Canadians want to visit the north, and for good reason.

We can talk about the beauty of nature where we have things such as caribou, polar bears, bald eagles and great fishing. When I was in the military, there was often talk about the Arctic char on the Herc runs and how they would try to bring it back. When I was serving in the Canadian Forces, I had the opportunity to travel to Yellowknife. It was an absolutely beautiful sunny day. It was an incredible flight, but a little noisy. It does get a little noisy in the back of a Hercules aircraft. However, there were windows, so we saw how truly amazing this beautiful land was. However, it is not only the nature, even though the nature is very important.

I like to think that all political parties truly care about what happens up north. Talking of the beauty of the Northwest Territories, there is the Tuktut Nogait National Park, which has been on the books for many years. It was first recognized as a park in the making, because we had to respect all sort of other issues. We could not just proclaim that this was a park. However, it was an area that was identified for the development of a national park at some point, and it was designated that back in 1971 by Pierre Elliott Trudeau.

This ultimately came to fruition under Jean Chrétien in the mid-1990s. Paul Martin had something to do with the negotiating with first nations dealing with that park. All individuals will recognize that there is so much beauty in the north and it does need to be bragged and boasted about. We should feel very good about the Northwest Territories and what it has to offer all Canadians.

We also need to recognize the importance of ensuring it has the tools to do the types of things that many of us take for granted. I go back to my high school years. I knew it was a territory, but back then I made the assumption it would operate in the same fashion as a province.

There is a substantial difference. Provinces are incorporated into the Constitution as a provincial entity with certain powers under the jurisdiction of provincial control. It is quite different for the territories. The territories have had to evolve and the evolution has been somewhat slow, but one has to be careful as they evolve.

The bill before us will assist with that. There are some things that we take for granted. I have often made reference to the fact that I was an MLA for a number of years. We dealt with the delivery of health care, which is a provincial jurisdiction, and public education, again a provincial jurisdiction. We have had that for many years at the provincial level. It has not been that many years that the Northwest Territories has taken ownership or more responsibility in those areas.

Today, as we have seen in the past, we are seeing more power or authority being shifted over to the Northwest Territories. We see that as a good thing. We have had some incredible individuals, like Larry Bagnell, who I did not have the opportunity to know for very long. From discussions I have had with others in the caucus, I know he was an individual who contributed a great deal in making people aware of what was taking place.

We have an incredible critic from Labrador, who is a very strong advocate for the north and northern development. That is really what we are starting to see with this bill. The emphasis or the big push on this is about northern development, along with the natural resources and how revenue might be dealt with.

These are very important issues. As someone had pointed out earlier, this is something provinces have had for a good number of years, virtually since Confederation. It is only natural that we would see more movement toward it.

When the Liberal Party critic spoke on the bill, it was indicated very clearly that we would like to see the bill go to the committee stage. We believe the bill ultimately makes a positive difference. It takes a step in the right direction. I say that because of the idea of the federal transfer of authority, dealing with our natural resources. It is something that is long overdue. Because we are going to allow it more at that local level, as a result what we will likely see is more development taking place.

When I say more development, it is important we recognize that it is of a sustainable nature. We will see that because there will be more local input from the individuals who are there, who live and call the Northwest Territories their home. They are very much aware of their environment and obviously care about it.

It is great to see that we appear to have an agreement that would allow for the sharing of the revenues being generated. The actual dollar amount, I understand, is based on percentage, but two things need to be highlighted.

One is in regard to the royalties or percentage of revenue that is generated from resources, which will be a significant amount of money. We are talking about tens of millions of dollars that would remain in the territories, which is great news for a wide variety of reasons.

Equally important is to recognize that Canada continues to provide those transfer payments. The transfer payments play a critical role in ensuring there is equity among Canadians no matter where they live in the country. That is why it does not matter whether one is from a territory, province or whatever part of our vast land, those transfer payments play a critical role. From my perspective, in terms of social development, it is absolutely critical. It is great that we have had some comments highlighting the fact that there will be an ongoing transfers of dollars coming from Ottawa.

One of the things we need to have more dialogue on is the amount of money generated from the natural resources and the exportation of them. Not only does the Government of the Northwest Territories have a vested interest, but the Canadian government does as well. We are very much interested in hearing some thoughts and ideas, which is one of the reasons I posed the questions I did to my New Democratic colleagues. This will be one of those sticky issues and it will be interesting to hear today and in the future of what happens regarding the percentage or share of the revenue that will remain in the north compared to coming to Ottawa. It is important to know.

The second point I would like to highlight is the idea that through the proposed legislation we will be reforming the way in which we review resource development.

I have listened to questions and comments and I have had the opportunity to do a very limited amount of study on the issue, but there are a number of first nation communities that are also part of the agreement. From what I understand, there are still some outstanding issues that have not been resolved. As much as we want government to ensure it is doing the type of consultation necessary to build that consensus, we will have to wait and see what happens at the committee stage on this point.

From a personal perspective, I approach it with an open mind when the government says that it has X number of regional committees that are dealing with land development and its concept is to reduce that number to one, which has raised serious concern.

I have seen amalgamation of other boards. In Manitoba, we had a very heated debate when it came time to amalgamate school divisions. It was believed that having one larger board would be in the best interests of all Manitobans in that particular region, but it was a very emotional time and there was a great deal of protest. However, ultimately the NDP government felt it was important to do it. We will have to wait and see what takes place on that issue.

Whenever community input is reduced or removed, concerns will be raised. We want to hear arguments as to why the Conservatives felt that going down to one board was in the best interests of the Northwest Territories, and to what degree they have a consensus of support that would allow us to be favourable of that aspect of it.

One final comment is that within the legislation there are amendments to the Mackenzie Valley Resource Management Act.They are quite significant, because resource development and regional land and water boards could have been incorporated into the Mackenzie Valley Resource Management Act. An argument could be made that we would have been better off to have two pieces of legislation before us. As has been pointed out, it would be great to see government members expand on the legislation and provide more clarification on that issue. On the surface, one could easily say that it would have been better to have, at the very least, two pieces of legislation, since this bill would have an impact on 35 or 40 other pieces of legislation, which is quite significant in itself.

I conclude my remarks by stating very clearly that I am a big of fan of the Northwest Territories. It reminds me of Churchill in my home province. When I think of the north, I think of wonderful opportunities. I am not just talking about it from an economic point of view, but also from a tourism point of view. I realize that economics and tourism are tied, but there are many Canadians who truly value the Northwest Territories and how it contributes to the greater community of the country of Canada.

I am not suggesting that it is possible for VIA Rail to go all the way up to Yellowknife today, but I am sure that if we were able to provide an opportunity sometime in the distant future, we would have many more Canadians travelling to places like Yellowknife and the many different communities in and around the Northwest Territories. The point is that it is a beautiful land.

We look forward to the bill being passed. We give accolades to the many different stakeholders involved in bringing forward the legislation. We hope to see more from the government in answer to specific questions, and we anticipate that government members will be open to amendments at the committee stage to add strength to the bill and build upon the consensus that was achieved with the Northwest Territories legislature, which is a beautiful building in itself.