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 / 4:35 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I will respond to what my Liberal colleague said.

As far as agreements with the first nations go, this is one of the biggest problems in this country. Everyone is trying to be known as the one who did the best, but nothing ends up getting done. That is what is unfortunate.

My Liberal friends are quick to reference the Kelowna accord. My parents always told me that when you wait until the last minute to solve a major issue, you can make mistakes. That is what happened in the last months of the Liberal regime. I know something about that, since I lost the election in 2006.

That said, I wanted to talk about humility, since Bill C-15 addresses a topic I am not very familiar with, nor are many Canadians. That is because we come from communities where we do not know much about this topic. Everyone wants to be sympathetic, but we do not know everything about the situation. I think this is connected to the importance of democracy.

I have found the debate on Bill C-15 at second reading absolutely fascinating. It has been interesting for a girl like me from Gatineau, a suburb not too far from here where we don't necessarily see these kinds of problems. It has helped me understand the problem facing my colleague from Western Arctic, whose riding represents the third largest land mass, after Nunavut and Quebec. That is not nothing. There may be fewer people, but he still has to meet all of their needs.

This morning, my colleague from Marc-Aurèle-Fortin said that the member for Western Arctic had to visit the communities in his riding by airplane, whereas I only had to cross the bridge. Every evening, when I have finished here, I can take part in activities in my riding. I may finish late, but I sleep in my own bed and I am in my own place. It is quite a small area and therefore not very hard to get around, even though there are more people.

It is another reality. That is when this exercise in which the 308 members of the House may have something interesting to say about a bill becomes extremely important. Not everyone necessarily wants to speak on all topics. In his Thursday question to the government House leader, our House leader said that the second reading debate on Bill C-15 would very probably end quite naturally.

However, debates in the House rarely end quite naturally. Instead an end is usually imposed on them. It feels good to be able to act that way. You come out a winner. Sometimes, even when we tell the government that we support a bill, it throws a brick in our face. For the government, it is never enough to say that we agree and that we will vote at second reading to send the bill to committee.

Is there anything more natural than to take the time to study a fairly long and complex bill in committee? As a lawyer, I never had the pleasure of practising aboriginal law. When I spoke with colleagues of mine who did, they told me it was quite a specialty. I listened to them talk about treaties, rights and what all that is about. I saw that it could be a complex specialty.

When we sit down with a nation like the first nations and claim we are equals, then we try to impose our ideas, sparks can fly. It is not always easy. Sometimes we hear reactions from certain groups that, rightly or wrongly, are not completely satisfied with the bill.

Those people have a right to be heard as part of the democratic process in place in Canada. This week, importance was attached to a bill that was said to be about democratic reform, whereas in fact it concerns only a few very minor aspects of democratic life in this country. For people who say they are great democrats, one of the most important issues should be the right of members, of duly elected representatives, to speak in the House. They should have the right, in committee, to examine the various issues that may arise, to ensure that when the bill returns to the House, we are able to continue the debate on points that we have to defend in the circumstances in order to produce the best possible act.

Bill C-15 replaces 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.

I heard the Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development becoming upset because a few members of the official opposition were asking questions and because some speakers were wondering what certain protections or certain provisions might actually mean. This makes me fear the worst. It makes me think that, when we find ourselves in committee again, there will be none of the respect that we expect from colleagues who play the same role we do and represent their constituents. We have a role to play. However, when we ask questions or when we put forward the viewpoint of a particular witness, they tell us automatically that we know nothing about the matter and that we just want to prevent things from going smoothly and moving forward quickly.

As I was saying, when these matters come to the House, they may perhaps be a tiny bit urgent, but this is because the government side has been procrastinating for quite a while. The NDP members will not carry the torch of procrastination that the Liberals and Conservatives have carried so blithely over the years.

I will never be uncomfortable to rise and say that I will be working seriously in committee. We are always going to be doing this work, work that goes beyond words, especially if it involves the first nations and aboriginal groups, as it does here. They have the right to be heard. We have so much baggage from working on other bills. Again this morning, at the meeting of the Standing Committee on Justice and Human Rights, we were looking at the issue of contraband tobacco. We were meeting with representatives of the Mohawk Council of Akwesasne and the Mohawk Council of Kahnawake. They told us they had not really been consulted. It appears they have been told they are a big part of the problem but at the same time they are not being consulted.

Consulting, as my colleague from Pierrefonds—Dollard said, is making sure that we are talking as equals, not just pretending.

Frequently, the way in which conclusions to bills are drafted leaves the impression that the first nations are being told that they have to take what we give them or they will have nothing. If that is what negotiation is, they are going to find themselves in court and we will not be any further ahead. It will take a lot longer to fix that than if we sat down and talked as equals.

Northwest Territories Devolution ActGovernment Orders

December 5th, 2013 / 4:45 p.m.
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Conservative

Stephen Woodworth Conservative Kitchener Centre, ON

Mr. Speaker, I appreciate my friend's comments across the way and I respect her legal ability, so I would like to suggest that it would not be too difficult for her to read the act. If she looks in the first 30 clauses, she will see the main issues. We all know that if Moses had been a lawyer, the Ten Commandments would have taken 50 tablets instead of two, but the essence of it is there.

I also want to reassure my colleague across the way that Bill C-15 was developed only after consultation with aboriginal groups, northerners, territorial governments, and industry. In fact, aboriginal groups have been active participants in the devolution negotiations with Canada and the Government of the Northwest Territories. Since 2010, when the government announced its action plan to improve the northern regulatory regimes, there have been extensive discussions on the land and water board restructuring proposal. Over 50 meetings were held with aboriginal governments and organizations.

Does my friend not think it is time that this place found the political will to finally move on and complete this devolution?

Northwest Territories Devolution ActGovernment Orders

December 5th, 2013 / 4:45 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, it is moving on. It is at second reading and probably debate will end in a few minutes. It will go to committee. It is moving along. I wish I could have done something prior, but there was nothing in front of the House prior. I cannot move faster than the government.

I would send the question back to my esteemed colleague. He should bring it on, and we will discuss it and get it done. We try to be the miracle department, but members know how it is.

Northwest Territories Devolution ActGovernment Orders

December 5th, 2013 / 4:45 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I know there was a great deal of concern about how the Mackenzie Valley Resource Management Act is being incorporated into the bill. It is important for us to note that, once passed, it will have a significant impact on a number of pieces of legislation. There was some concern as to whether or not the legislation could have been broken into two parts, because there was more concern regarding the amalgamating of several land and water boards into one board. There still seem to be some outstanding concerns in relation to that.

What does she believe would have been a better way of approaching this, or does she think we might have been better off having two pieces of legislation to deal with this?

Northwest Territories Devolution ActGovernment Orders

December 5th, 2013 / 4:45 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I appreciate the question, but I do not think that my answer will really matter.

It is a very hypothetical question because it is not going to be divided. I would have preferred removing the two little clauses about the Supreme Court of Canada from Bill C-4, but that did not happen. There is a difference between the real situation and what I would have wanted to see or what would have been natural to expect.

Are there parts that are easier to pass than others? As I said at the beginning of my speech, I am going to leave it up to the experts in aboriginal rights and devolution or transfer between a territory and the federal government. Perhaps these matters will also be raised in committee.

Furthermore, we go through these different stages to try to find the best ways of passing provisions that make sense, that remedy a certain situation and do so properly.

Northwest Territories Devolution ActGovernment Orders

December 5th, 2013 / 4:45 p.m.
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NDP

Christine Moore NDP Abitibi—Témiscamingue, QC

Mr. Speaker, I wish first to point out that we are supporting this bill in the hope that it will be referred to committee, so that if there are shortcomings in terms of building consensus with first nations in the Northwest Territories, we will be able to correct them. The NDP accordingly supports the bill, but we do think it will have to be studied very carefully in committee, so that it actually addresses the needs and questions of the people who live in the Northwest Territories.

The constituency of my colleague from Abitibi—Baie-James—Nunavik—Eeyou borders my own, and I meet him very frequently. He has negotiated similar agreements in the past, including the James Bay and Northern Quebec Agreement. He has emphasized the importance of recognizing the principles of equality and respect between nations. He has also raised significant concerns about the lack of dialogue and unilateral amendments in the drafting of Bill C-15.

One thing that particularly intrigues me about the bill is how long it took the federal government to act on a nation's demands. While the 500-page James Bay and Northern Quebec Agreement was negotiated and signed in just one year, successive federal governments took over 13 years to introduce Bill C-15. First there were the Liberals, and now this Conservative government has come up with what we are considering today. One thing I am especially concerned about, therefore, is why it took so many years to reach this point.

The economic emancipation of the Northwest Territories is one important aspect. As assistant critic on energy and natural resources, I know very well that development in Canada’s north will generate jobs. It is hoped that this development will serve the best interests of the people who live there and give them a prosperous and sustainable future without harming the environment.

Yesterday, addressing the Economic Club of Canada, the member for Outremont and NDP leader talked about this party’s vision to build a sustainable, balanced and prosperous energy future in the 21st century.

Natural resources are a blessing, and the energy sector drives the Canadian economy. The people of the north have a unique opportunity to become a major cog in our economy.

It is hoped that there will be good jobs for northern families, including first nations, so that they can derive the maximum potential from our natural resources in a responsible way that is fair to future generations.

I am aware that energy rates and other costs are high for people in the north. This leads to higher prices for all consumer products. I hope that it will at last become possible to make the cost of living affordable for people in the Northwest Territories.

Sustained development is crucial if everyone is to be included in Canada’s economy. We have to promote more sharing of the benefits of development and make sure we put in place conditions so that future developments proceed in a responsible way. “Responsible” means planning so as to take environmental factors into consideration. Where appropriate, it also means including arrangements whereby the polluter pays.

The example of the huge industrial dump that sits close to one of the world’s deepest freshwater lakes—the Giant mine tailings pond near Great Slave Lake in Yellowknife—reminds us of the fragility of northern ecosystems.

For decades, those who live in the Northwest Territories have endeavoured to secure powers resembling those wielded by the provinces. The NDP favours the transfer of powers and supports the Northwest Territories in their efforts to assume some federal responsibilities in the north.

Through this transfer affecting land and resources in the Northwest Territories, we are writing a new page in Canadian history. To paraphrase Peter Parker, “With great power comes great responsibility.”

I hope that our political leaders and businesses operating in the north will be diligent in doing their duty in the interests of those who live there. I know they will.

One might say that it is always easier to accept such responsibilities when things are being done in practice on our own turf.

The people of the Northwest Territories are best placed to know how their resources should be used, and they should have the final say in the matter. I trust that future developments will take place in partnership with everyone and that instead of regarding first nations as people who need convincing, we will take the opportunity to forge a genuine and sustainable partnership.

We have to develop a true nation-to-nation relationship with first peoples. I can bear witness to the importance of including them as participants in our economy. To that end, we have to support northern communities in order to develop local talents, so that skilled workers can find employment locally.

After reading this bill, and on the basis of my personal experience, although I do not live in the Northwest Territories, I would really like to take the time to emphasize something. I come from a northern region and I can say to what extent people sometimes feel that the decisions taken make no sense. They wonder whether these people have ever visited the north and if they know how things are done.

With this bill, I am really happy to see that power and authority are being restored to first nations communities and the Government of the Northwest Territories. They will thus be able to manage their natural resources and their public land themselves. This is only logical. When we make our own decisions, they are often more enlightened and better understood.

This bill may still have some shortcomings, however. They will be addressed in committee and, I hope, during consultations with the communities affected and the governments concerned.

This bill will restore power to communities, where there will perhaps be more effective management of their natural resources. We are aware of the potential of our natural resources in the north in the years ahead. Being able to restore this power to communities will give them a real opportunity to build a long-term vision and determine what they want for themselves and for the Northwest Territories and how they wish to develop.

Many such bills are fairly complex, in that they contain numerous clauses and conditions. Detailed study in committee will make it possible to make any needed adjustments to this one. I hope that if amendments are proposed after the witnesses are heard and their evidence is discussed, they will be accepted. The most important thing for all members, however, is to ensure that the bill meets the needs of the people of the north. I hope we will manage to do this.

In the case that concerns us, it is very important not to develop a bill that meets the needs of the government, in the narrow sense. The bill really has to meet the needs of the communities in the Northwest Territories and respond to their desire for emancipation.

In the context of this bill, there is no room for an attitude that seeks to impose things. This really has to be done in consultation, through a process of discussion and in harmony with what these communities want, so that we end up with a practical bill that meets their needs.

There should be no need to revise the bill because errors have crept in, if we take the time to discuss it seriously and welcome open debate, on a basis of equality. We can achieve good results, and the beneficiaries will be the people of our northern communities.

Northwest Territories Devolution ActGovernment Orders

December 5th, 2013 / 4:55 p.m.
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Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

Mr. Speaker, I thank the member across the way for complimenting this government on some of the great initiatives we have done, such as setting aside a record amount of land for national parks and taking many steps toward environmental stewardship. I want to confirm with the member that we did consult extensively. In some areas, there was additional consultation because of some concerns stakeholders brought up relating to some of the specific concerns with locals.

Would the member talk a bit about some of the positive things the bill would do, such as increasing existing fines and establishing administrative monetary penalties under the Mackenzie Valley Resource Management Act and the Northwest Territories Waters Act and taking steps to protect the environment in both of these cases? Would she also like to comment in particular on these new enforcement measures and if they would improve compliance? That is what our stakeholders have told us clearly in consultation. Would she like to provide additional and complimentary comments in relation to this government's move on those two fronts?

Northwest Territories Devolution ActGovernment Orders

December 5th, 2013 / 5 p.m.
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NDP

Christine Moore NDP Abitibi—Témiscamingue, QC

Mr. Speaker, that was a very lengthy question.

In this bill, the positive aspect—and I emphasized this a great deal in my speech—is really the fact that power and authority are being given to the Government of the Northwest Territories. The people of the north are thus being given the ability to manage themselves. What I support and applaud is the opportunity for them to manage their own affairs. This is a priority for me. As a resident of a northern region myself, I believe we are in the best position to manage our own affairs.

That said, a number of more technical details will certainly have to be studied in committee. I believe that most of them were worked out in consultation and logically, therefore, they should meet the needs of communities in the Northwest Territories. However, some elements unfortunately do not necessarily meet their needs.

People will be able to raise any such points in committee and suggest corrections, so that the bill truly meets their needs.

Northwest Territories Devolution ActGovernment Orders

December 5th, 2013 / 5 p.m.
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NDP

Pierre Jacob NDP Brome—Missisquoi, QC

Mr. Speaker, I would like to thank my colleague from Abitibi—Témiscamingue for her speech, which was very detailed and informative, as always.

I would like to quote Nicolas Boileau, as follows:

What is conceived well is expressed clearly,
and the words to say it arrive with ease.

Why are the Conservatives ignoring the concerns of the first nations and Métis people? Why are they turning a deaf ear to their concerns and why are they proposing the creation of a super board?

Northwest Territories Devolution ActGovernment Orders

December 5th, 2013 / 5 p.m.
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NDP

Christine Moore NDP Abitibi—Témiscamingue, QC

Mr. Speaker, I find it difficult to understand the Conservatives' attitude in general. It is very easy for me to sit down with someone and discuss things as equals, particularly with aboriginal communities. This is a principle I follow when visiting communities in my riding.

Unfortunately this government seems to be unable to sit down with anyone and just have a discussion. The Leader of the Government in the House of Commons is not even able to sit down with the House Leader of the Official Opposition to discuss the agenda of the House of Commons. Since he is incapable of negotiating, he imposes one gag order after another. We have now had 58 gag orders.

If the Leader of the Government in the House of Commons cannot even speak with our house leader just to discuss the agenda of the House of Commons, what kind of attitude do the Conservatives have when they talk with first nations communities?

That scares me a bit. Maybe their general attitude in politics explains why they are unable to hold discussions on an equal footing with aboriginal leaders.

Northwest Territories Devolution ActGovernment Orders

December 5th, 2013 / 5 p.m.
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NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, I very much appreciate the opportunity to rise in the House to speak to the bill. In one of my previous incarnations I was assistant deputy of resources for Yukon and I had the privilege of participating in some of the devolution negotiations for Yukon.

I also had the privilege of working in the Northwest Territories back in the 1960s. I know that dates me, but I worked at a fishing camp in Great Bear Lake. That was the moment in time that vested a deep love of the north in me. I look for every opportunity that I can to visit the north and for every opportunity to meet with representatives of northern Canada when they come to the Hill.

I have a high level of respect for all three governments in Yukon, Northwest Territories, and Nunavut. I admire the determination in seeking independence and governance of their own peoples and I have incredible respect for the hard work that has been invested in the settlement of first nation final agreements and in moving toward their implementation. Unfortunately, some of those remain unresolved, and I certainly wish those first nation peoples the best in resolving the outstanding issues. They can know that we are behind them so they can move toward self-governance as well.

It is important to understand the governance of the north. Much of the north is also under first nation final agreements and self-government agreements, so there are really three levels of governance. The federal government plays a role in the north. There is the Government of the Northwest Territories and then there are the governments of the distinct first nations and Inuit peoples who have moved forward toward their own system of self-governance. That is why these negotiations take so long: it is because it is important to show respect and due consideration for the rights and interests of all peoples and to carry out consultation.

With regard to Bill C-15, as my colleagues have said clearly, we have every intention to support moving the bill forward to committee for review. I will be encouraging my colleagues who sit on that committee to call for part of the review by the committee to occur in the communities of the north. I make this call in every committee I sit on.

I was very pleased that when I was the environment critic, we did a review of the impact of the oil sands on water. Our committee actually travelled to several communities in Alberta, including Fort Chipewyan, which has borne the brunt of a lot of the impacts of the development there. It is very important that those people who are most directly impacted have the opportunity to participate, not just as witnesses, but to attend and hear first hand what their friends, neighbours, and leaders are saying and what other interested parties are saying on the bill.

I know a good number of the communities of the Northwest Territories are tuning in and watching this debate. Toward the end of my brief comments, I intend to share some of the comments that they asked me to pass on directly, and I will be most pleased to do that.

This is indeed a complex bill. As we have heard, there has been some level of frustration by the peoples of the north of the decision to combine together the legislation moving forward on devolution of powers to the Government of the Northwest Territories with other measures, in particular the measures in part 4 that will provide for changes to the Mackenzie Valley Resource Management Act. Most of my comments relate to part 4, because it is on those measures that we have heard the most concerns and have heard the hope that there may be amendments at committee stage and later in the House.

It is important to keep in mind that there has been devolution of powers previously. I believe it was almost 30 years ago that powers over education, health care, transport, forestry, and wildlife were devolved to the Northwest Territories government, so clearly the NWT government was found even three decades ago to have the competence and the capability to deliver governance. We should therefore move forward and further devolve those powers, because the governments for the first nations, the Inuvialuit, and the other peoples of the Northwest Territories deserve to have a government close at hand that they can speak to and that they can influence in making decisions about their future, including the exploitation of resources.

The devolution provisions clearly will be very important because the government of the Northwest Territories will be able to shift away from simply getting a transfer from the federal government, having to bow and scrape and say, “We will do thus and so; can you please transfer resources to us?” I think the government would now be able to appreciate at least up to 50% of the dollars that come from revenue from resource extraction, as it should. I am sure that into the future the Northwest Territories hopes that it too will become a full provincial entity, fully controlling decisions about its peoples, its lands, and its waters.

It is also important to point out that the statute would amend up to 42 statutes, including the Canada Student Loans Act, the Territorial Lands Act, the Dominion Water Power Act, the Divorce Act, the Privacy Act, the Canada Oil and Gas Operations Act, the National Energy Board Act, the Northern Pipeline Act, the Department of Indian Affairs and Northern Development Act, the Canadian Human Rights Act, and the Canada Water Act. Clearly it is a very complex bill that merits very careful review and understanding by all the members of this place and certainly at committee, so that members feel fully competent and informed in order to pass judgment and to vote yea or nay on the eventual bill.

Part 4 is the area where most of my colleagues in the House have raised concerns. Part 4 deals with the many changes to the Mackenzie Valley Resource Management Act, the most significant being the devolution of a system of co-management between the first nation peoples and other governments.

I know from my direct experience in working on these matters in Yukon that for the first nations and indigenous peoples of this country to have a right to have a say in the management of wildlife, water, and other resources in their territories is a matter that has been fought for long and hard. They do have their own distinct territories, and then they have the right for traditional harvest in additional lands. It is very important that they have the opportunity to have a direct say.

Those are the significant provisions that we are hearing from peoples of the north. They wish potential amendments to be tabled in committee and debated, and it should be their right and privilege to come before the committee and to suggest amendments to the bill that would then be given due consideration.

The issue has been raised of the inherent potential contradiction between part 1 of Bill C-15 and part 4, in that part 1 provides for the devolution of powers to the people of the north and then part 4 pulls back the rights and powers of northern peoples to actually make decisions in a lot of matters, including water, wildlife, and so forth.

There has been particular concern with shifting decision-making from the peoples of the north to the federal ministers and cabinet. It has been pointed out that there are specific provisions whereby federal ministers and the federal cabinet would have the power to direct that the Commissioner of the Northwest Territories must withhold final assent to any legislation that is brought forward by the legislature in the Northwest Territories for up to a year.

A lot of concern has been expressed about that. Either they are going to be given the powers to move forward or they are not going to be given the powers to move forward.

I took the time to phone some of the first nations in the North and I want to share some of their feedback.

This comes from president Robert Alexie and vice-president Norman Snowshoe of the Gwich'in Tribal Council. They wish to have their comments on part 4 shared in the House:

The Gwich'in Tribal Council fully supports the Devolution of authority to the GNWT and strong economic development in its region and in the NWT. The MVRMA amendments, however, increase the authority of the federal Minister at the expense of regional decision-making. The Gwich'in have less authority over their Settlement Area now because of these amendments. The residents of the NWT have less authority over the regulatory system under these amendments. Therefore, the Gwich'in support NWT Devolution and reject the MVRMA amendments.

In closing, I will say that a number of other first nations governments express the same concerns and wish to have the opportunity to come forward and share their concerns at committee.

Northwest Territories Devolution ActGovernment Orders

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

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I certainly appreciate my colleague's raising her very thoughtful arguments, particularly as they pertain to indigenous people and their concerns about this bill.

It gives me the opportunity to stand in the House and reflect for a moment on the passing of Nelson Mandela, which we just heard about a few minutes ago. Even here today, as we are debating this bill, when we think of Nelson Mandela, we think of his enormous legacy for human rights and human dignity.

As parliamentarians, it is something that we uphold and honour. Even with this bill today, which is about indigenous rights, equality, and dignity, it is something we reflect on. I hope that we carry it forward as a legacy.

Northwest Territories Devolution ActGovernment Orders

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

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, I also look forward to the members on that side speaking in support of our sadness at the passing of Nelson Mandela.

Some years back, the House made him an honorary Canadian citizen. Why was that? It was because he was revered around the world for standing up for the right of the peoples of a territory to voice how they should be governed and have equal rights and opportunities.

That is precisely what this legislation should do, not just this bill before us right now, but particularly this bill, because it is talking about the devolution of powers. We must always make sure that we are moving forward with a consistent principle, and that is toward greater self-government. That was the promise of the government: to move toward respecting greater self-governance by our indigenous populations.

Therefore, it is critical that we carefully consider any concerns raised by indigenous peoples in the Northwest Territories about this bill.

Northwest Territories Devolution ActGovernment Orders

December 5th, 2013 / 5:15 p.m.
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Vancouver Island North B.C.

Conservative

John Duncan ConservativeMinister of State and Chief Government Whip

Mr. Speaker, I would like to offer brief comment, both on the passing of Nelson Mandela and on the debate we are having today.

I have been in this place for a significant length of time. I was here when Canadian citizenship was conferred upon Nelson Mandela by unanimous consent in the House. That was a very proud moment for all of us.

I have many constituents who are originally from South Africa, some of whom knew Nelson Mandela through personal contact. He was a great man at every level. We have lost a very important person from our midst.

In terms of the bill that we are debating today, it is significant that the Government of the Northwest Territories has been seeking devolution for a long time. When I was the minister of aboriginal affairs and northern development, this became very much a mission along with the Premier of the Northwest Territories at that time.

One of the things that became agreed upon was the need to get to implementation as early as possible. This is how the April 2014 date came along. Everything that this place can do to expedite getting to implementation in that time frame would be very helpful indeed.

That is just a simple comment.

Northwest Territories Devolution ActGovernment Orders

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

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, I agree absolutely. It is not enough just to sign agreements or to enact legislation; the government of the day must commit to actually implementing the legislation, and we hear concern after concern from the Government of Nunavut that the government is simply not delivering on its commitments so that it can move forward, deliver self-governance, and have the dollars for capacity.

I know full well, because I was a senior official in the Government of Yukon, that a lot of discussion goes on under the tables about how each one of the territories would like to have the powers devolved, but they are going to and fro over how many resources and how many PYs the federal government would transfer to them. In other words, how many real people would they have in order to deliver the responsibilities that were once the responsibilities of the federal government?

I hope that the government has, in fact, committed sufficient resources so that the Northwest Territories can actually implement these powers that will be extended to them.