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.

Northwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 3:40 p.m.

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I appreciate the comments of the member for Algoma—Manitoulin—Kapuskasing. I know she works extremely hard on this committee, as she does generally, and I know that she and other of our members actually did listen to leaders and key stakeholders in the Northwest Territories on the bill. It is very dismaying to see how these concerns are dismissed. Why would the Conservatives basically not bring forward any amendments? Is the bill perfect?

It is a pattern. For any government bill, basically that is it. Even the members at committee from the government side really do not have anything else to do with it.

It is a sad state of affairs for the House, Mr. Speaker. I know you have been here for a while and have seen the progression of how the role of members of Parliament has diminished. The days were when the committee process was healthy and we used to see good amendments coming forward that actually improved bills; that is why they go to committee, but now it is just a formality.

As the member so well outlined, we still take it very seriously, and that is why we do put forward amendments to try to improve a bill based on what we have heard from the witnesses in that community.

Northwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 3:40 p.m.

Conservative

Ryan Leef Conservative Yukon, YT

Mr. Speaker, we are pleased to hear that the New Democrats plan on supporting the bill. What is important to note is that the aboriginal affairs committee was on the ground in Yellowknife recently and spent over nine and a half hours doing direct witness testimony. That was an opportunity for people in Yellowknife to provide that testimony, to provide the experiences they had and share their views with us. That was two weeks' worth of committee hearings done in a full day that provided everyone an ample opportunity.

The Premier of the Northwest Territories confirmed that the aboriginal community was engaged in their territory. That is a duly elected government, a government elected by consensus. We had ministers appear here in Ottawa who also testified that the five-year review period would give them ample time to work through some of the growing pains that might exist, learn from the Yukon Territory example of devolution, and provide recommendations for growth and improvement over a reasonable period of time.

Is the member suggesting that the advice and counsel of a duly elected government of the Northwest Territories is not satisfactory to move the bill forward?

Northwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 3:40 p.m.

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, the member opposite might not be aware, but I actually specifically mentioned that marathon meeting in Yellowknife of nine and a half hours. That was a lot of work for the members as well as for the witnesses who appeared. What the Premier of the Northwest Territories has to say about the bill is very important, but we believe that there is a partnership with aboriginal people in this country, and it is about government to government. It was those voices that unfortunately were not heard.

It is not about the Premier. If he was satisfied, fine, but the fact is that there were very important voices in the aboriginal community in the Northwest Territories who feel they were not heard, and they are still concerned about the bill. That is all the more reason to make sure that this five-year review period is genuine and that there is a proper review to make sure that when changes need to be made, they will be made.

Northwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 3:40 p.m.

NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, as we sense the anticipation in the House moments before a minimalist budget is brought down, I am going to talk about the problem with this government, which I would describe as a serial offender, since it keeps making the same type of mistake.

We will support Bill C-15 because it is definitely in the interest of the people of the Northwest Territories. It is important to understand that the bill will re-write the constitution of the Northwest Territories.

Often people do not realize that the territories' situation is quite different from that of the provinces. In fact, the powers held by the territorial authorities are established through federal legislation. Over the decades, the federal government has transferred more powers to the territories, but they needed others and there were discussions.

Like my colleague from Vancouver East, I cannot say I am an expert on the matter. I am glad we have experts in our caucus because when the time comes to review these bills and study them, we rely heavily on our experts including the hon. member for Western Arctic, who has done tremendous work, and all the members of the committee who heard the various witnesses regarding this Bill C-15, for example, the hon. member for Nanaimo—Cowichan, the hon. member for Manicouagan and the hon. member for Algoma—Manitoulin—Kapuskasing.

Like the hon. member for Vancouver East, I was particularly impressed to see that one meeting lasted nine hours. This allowed the committee to meet many people who will be affected by this type of bill.

I already rose in the House at second reading to speak to the bill. The thing that struck me at the time and that I still find amazing is that implementing this bill will require changes to 42 statutes including the Northwest Territories Act, the Territorial Lands Act, and the Canada Oil and Gas Operations Act.

Furthermore, at the November 28, 2013, meeting of the Standing Committee on Aboriginal Affairs and Northern Development, the deputy minister confirmed that the bill would also amend the Mackenzie Valley Resource Management Act and create an environmental review process for the Northwest Territories, except in the Inuvialuit settlement area. That is significant.

During debate at second reading, we had hoped that the Conservative government would listen and pay attention to the needs of the communities as well as the calls for amendments to the bill. I note that 11 amendments were proposed by the New Democratic Party, none by the Conservatives, five by the Green Party and four by the Liberals. Of these, NDP amendments 1 and 4 were accepted.

I was saying that this is a fairly minimalist government and that the Conservatives are repeat offenders. In fact, every time we go to committee and suggest amendments to improve a bill, more often than not the amendments are rejected. We have committees and meetings, we meet with witnesses, have discussions and listen. Sometimes it feels as though the Conservatives are pretending to listen. In the end, they are not really consulting.

I am always surprised by the Conservatives' use of the term “consultation”, especially when it comes to first nations. We saw the Prime Minister apologize in the House to first nations. That gave hope to many people. I think there is nothing worse than to raise people's hopes or make them think one thing and then, when the time comes to make it count, to hit them over the head again and again.

This morning, the Standing Committee on Justice and Human Rights was studying Bill C-10, and we heard the same complaint that was expressed about Bill C-15, which was that the government failed to consult first nations.

I spoke with them about the electoral reform, which is supposedly about integrity, justice and so on. I told the representatives from the great Mohawks of Kahnawake nation that this government believes that consultation simply means talking and sharing thoughts.

However, if we want to pass bills that make sense and will have the desired effect on peoples' lives, we cannot just give people a brief opportunity to share their thoughts. If they have nine hours to voice their concerns, but we do not actually listen to them, nothing positive will come of it.

That does not means that Bill C-15 is bad. We will support it because I presume that it is not entirely bad. However, why is the government always content to create something merely acceptable, instead of trying to create bills that take a stand and that are in line with what most people want?

When consulting Canadians about Bill C-10, the government will be content with a few meetings and with hearing some concerns, but there will not be any real nation to nation negotiation. The same is happening here, according to what we are hearing from some witnesses.

The same is happening with electoral reform: consulting the CEO just means that someone will meet with him and give him the opportunity to share his thoughts. It does not mean that the government told him what it wanted to do and how it wanted to do it, or asked for his opinion. Unfortunately, that is what is at stake here with this type of issue.

I am delighted that the government accepted two of the 11 amendments. I would like to commend my colleagues who are part of the committee, the members for Nanaimo—Cowichan, Manicouagan, Western Arctic and Algoma—Manitoulin—Kapuskasing. Members of many other committees will be jealous of their success, namely getting two of the 11 proposed amendments adopted.

However, I would really like this government to realize that, just because the official opposition puts forward amendments, that does not always reflect negatively on the government’s proposals. It is more about creating legislation that makes sense. Once again, this agreement is going to result in amendments to 42 acts, including the Northwest Territories Act, the Territorial Lands Act, the Canada Oil and Gas Operations Act and, the real crux of the issue, the Mackenzie Valley Resource Management Act.

This government clearly does not give a darn about the environment. Several aspects of this act will have repercussions on the environment and our natural resources. The government would do well to get ahead of the game and prevent problems, so that it does not end up in court for decades again because treaties have not been honoured.

When you do not listen to people or you pretend to listen to them but do not really hear what they are saying, problems arise later. This is what the official opposition, in its great wisdom, often tries to tell this government, which is completely deaf to everything that comes from anywhere else but the little bubble around the Prime Minister.

I know that Bill C-15 is exciting for just about everyone in the House at the moment. It is much more interesting than what we are going to hear for the next 30 minutes, which is not a lot. That will be colourless, odourless and tasteless once more, unfortunately, because this government is a petty government.

Northwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 3:50 p.m.

The Deputy Speaker Joe Comartin

Could I ask those members in the chamber who do not want to ask a question to please take their seats?

The hon. Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development.

Northwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 3:55 p.m.

Chilliwack—Fraser Canyon B.C.

Conservative

Mark Strahl ConservativeParliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development

Mr. Speaker, it is a pleasure to enter into this debate again. The gallery is full and the House is filling up to hear my intervention.

The Premier of the Northwest Territories made it very clear when he appeared before the committee in Yellowknife. He said:

We need an efficient and effective regulatory system in the Northwest Territories that protects the public interest, allows us to manage our land and environment, and promotes responsible development.

The Northwest Territories mineral development strategy says:

By creating a strong regulatory framework that clearly outlines consultation requirements, processes and timing, companies will have increased clarity regarding regulatory process expectations....

The GNWT needs to support the timely completion and lead the effective implementation of Canada's Regulatory Reform Action Plan.

I know the hon. member did congratulate the committee for accepting two NDP amendments. I wonder if she will also join with us in congratulating the Government of the Northwest Territories on achieving devolution? It is just a short time away. We congratulate the NDP for supporting the bill, but perhaps she could comment on the premier's comments about the need for an effective and efficient regulatory system.

Northwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 3:55 p.m.

NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I have no problem doing that. It would be nice—and I dream of that day—if the Conservatives, or at least one of them, rose in the House to say that they realize that their bill is flawed and that they realize that a number of people do not entirely agree with what they are proposing. I dream of the day when, instead of being labelled enemies of power, we will be perceived as people who are trying to improve things.

We can all play games and list the number of people who side with us and agree with our way of thinking, but I think it is more productive to try to ensure that no one takes issue with what I am presenting. Some might say that is utopian and naive, but that is not true, not if we actively listen and do not turn a deaf ear to anything that did not come from our side.

Northwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 3:55 p.m.

Liberal

Yvonne Jones Liberal Labrador, NL

Mr. Speaker, the Liberal Party certainly congratulates the premier and the Government of the Northwest Territories on achieving devolution, which has been a long-lasting dream of the people in that area. It is unfortunate that, since the former Liberal government signed it, it has taken more than eight years for the government opposite to negotiate it.

What we do not congratulate is the fact that the government has not empowered aboriginal people, through its amendments to the Mackenzie Valley Resource Management Act. Many of these aboriginal governments feel their rights have been infringed upon and their constitutional agreements, which they negotiated as part of land claims, are not being adhered to or taken seriously by the government opposite.

Could my colleague explain if she feels this way, and is that her understanding from the representations that we had from many people across the Northwest Territories?

Northwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 3:55 p.m.

NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, it saddens me greatly to be getting lessons from people from that side of the House.

Where were they when they had a majority? Where were they when they could have made all those changes? Why wait for a minority government, when it is impossible to reach an agreement? Why wait for a Conservative government that does not believe in nation to nation negotiations with the first nations?

In my opinion, neither the Conservatives nor the Liberals have any lessons to teach anyone. Yes, we are pleased that they are taking a step in the right direction. They just have to actively listen and hold meaningful consultations instead of waiting for problems to arise.

Northwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 3:55 p.m.

The Speaker Andrew Scheer

The time for questions and comments has expired.

Is the House ready for the question?

The hon. member for Saanich—Gulf Islands is rising on a point of order.

Northwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 4 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I believe that this debate was not closed until all the people who wanted had had an opportunity to speak. I thought there were still some openings for speeches remaining. Is that not the case?

Northwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 4 p.m.

The Speaker Andrew Scheer

If there are other members willing to speak, they can. Is the member rising to be recognized for a speech?

Therefore, the House is not ready for the question. However, it is almost 4 o'clock, so perhaps when the bill is next before the House, I will recognize the hon. member for Saanich—Gulf Islands.

Northwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 4 p.m.

Conservative

John Duncan Conservative Vancouver Island North, BC

Mr. Speaker, I request that the vote be deferred until tomorrow at the close of government orders.

Northwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 4 p.m.

The Speaker Andrew Scheer

There will not be a vote now. There will be a resumption of debate when the bill is next before the House. The hon. member for Saanich—Gulf Islands will have the floor the next time that the bill is before the House.

Northwest Territories Devolution ActGovernment Orders

February 11th, 2014 / 4:05 p.m.

NDP

Yvon Godin NDP Acadie—Bathurst, NB

Mr. Speaker, in the budget document, on the first page, page i, under “Ensuring Training Reflects Labour Market Needs”, it reads:

“Ready, Willing and Able” is an initiative to help Canadians...”. It is only in English, and I feel it is against the rules of the House to have a document only—