Evidence of meeting #10 for Indigenous and Northern Affairs in the 40th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was regulations.
A recording is available from Parliament.
Senior Counsel, Department of Indian Affairs and Northern Development
Which one?
Liberal
Mauril Bélanger Liberal Ottawa—Vanier, ON
By passing this act, with the delegated authority we're giving to the executive, we're opening the door to unequal treatment between provinces.
Senior Counsel, Department of Indian Affairs and Northern Development
That's already the case for automobile traffic, for example. All the laws that apply in national parks are laws that apply in every province. It's obvious that, necessarily—
Liberal
Mauril Bélanger Liberal Ottawa—Vanier, ON
Yes, but here I'm talking about a federal area of jurisdiction or responsibility with regard to aboriginal peoples.
Senior Counsel, Department of Indian Affairs and Northern Development
I'm not sure I understand what the distinction would be. In fact, it's simply a system for putting resource management in place to harmonize the act with that of the province in which the reserve is located.
Liberal
Mauril Bélanger Liberal Ottawa—Vanier, ON
You're confirming my fears. So I'm going to come back to this once we've done the clause-by-clause consideration of the bill.
Also, in the bill, is there anything that requires the government to provide a periodic report on the incorporation of provincial acts and regulations?
I haven't seen any. Is there an annual or biennial periodic report through which the Government of Canada reports to the Parliament of Canada on regulations that have been incorporated under this act?
Senior Counsel, Department of Indian Affairs and Northern Development
There is no such publication report or account to be made—
Senior Counsel, Department of Indian Affairs and Northern Development
—but these regulations have to be published in the Gazette.
Liberal
Mauril Bélanger Liberal Ottawa—Vanier, ON
Mr. Chairman, as a legislator, what I'm hearing here is that I'll be expected to keep track of all the publications, of all the regulations in the Canada Gazette and in provincial gazettes, as opposed to asking the executive to come periodically--every year or two--and report to the legislator, to the Parliament of Canada, saying, “Here are the provincial regulations and the laws that we've incorporated in the application of Bill C-5, whatever it will be called, by virtue of the powers delegated to the executive by this law.”
Wouldn't it be appropriate to have a requirement for a periodic reporting to Parliament of the application of these provisions?
Executive Director, Indian Oil and Gas Canada, Department of Indian Affairs and Northern Development
I guess that could be a process. I want to emphasize that we're not taking all provincial authorities or powers. Certain aspects of them, where we're silent--
Executive Director, Indian Oil and Gas Canada, Department of Indian Affairs and Northern Development
No, no, just certain parts of the environment and conservation. So we'll be applying those.
Each province is different. Our goal is to make sure that the first nation in that province is competitive. We want to have a regime where it's different from the provinces and first nations.
Liberal
Mauril Bélanger Liberal Ottawa—Vanier, ON
And I might ask the government, Mr. Chairman, to consider the possibility of crafting such an amendment for the bill that would require this periodic accounting to Parliament of the application of the delegated authority that's being requested here.
Conservative
The Chair Conservative Bruce Stanton
I think the question has been put.
I'm sorry, Mr. Jacques, we have to continue on.
We will now go to Mr. Payne, please.
Conservative
LaVar Payne Conservative Medicine Hat, AB
Thank you, Mr. Chairman.
Thank you, gentlemen, for appearing today.
I have a couple of questions.
First of all, the previous witnesses from Stoney First Nations indicated that there were issues regarding royalties on first nations. I'm wondering if you can help me out in terms of what involvement first nations had with the negotiations of royalty rates.
Executive Director, Indian Oil and Gas Canada, Department of Indian Affairs and Northern Development
I'll respond to that.
When land is available on first nations, we work with chief and council to post those lands. We get interest from the companies, then we sit down with the first nation and the company. Usually the first nation is involved in the negotiation of the royalties, the bonuses, and then some of the terms of the lease. Usually first nations look for including some work provisions, employment provisions in the lease.
So they're involved quite heavily in those aspects of the drafting of the lease.
Conservative
LaVar Payne Conservative Medicine Hat, AB
In terms of those negotiations, I'm assuming those take place over a period of time.
Executive Director, Indian Oil and Gas Canada, Department of Indian Affairs and Northern Development
Yes.
Executive Director, Indian Oil and Gas Canada, Department of Indian Affairs and Northern Development
It depends on the first nation, the area that's available, how badly the company wants it, and what's going on, of course, around the reserve.
Conservative
Executive Director, Indian Oil and Gas Canada, Department of Indian Affairs and Northern Development
Yes.
Conservative
LaVar Payne Conservative Medicine Hat, AB
Okay.
My second question is on how Bill C-5 would enhance the environmental laws for drilling on first nations land for oil and gas.