Indigenous and Northern Affairs Committee on April 28th, 2009

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Thank you. I'm a little clearer on that.

On page 2, in the second last paragraph, you say that it's difficult to increase the rate of TLE implementation tenfold and then try to maintain that level. I think we all understand that the initial phase would probably be more easily achieved and that it may drop off.

Then you go on to say, “...processing times are decreasing through better planning and various other measures”. You then go on to say that further improvements can be made.

I think it's in the interests of all Canadians and all first nations people that the more quickly we expedite these, the better it will be in terms of economic development opportunities. This point has been referred to a number of times. Could you give me two or three examples of decreasing times through the various other measures? What various other measures have been implemented? Second, what are some of the ones you've already identified moving forward as improvements to the system and the process?

[Martin Egan]

Sure, I can do that. We can throw a couple out for you.

We've already talked about the NATS system and how that is going to allow us to have better information to plan better. It's also going to allow us to set some processing service standards, which we think is a better way to go than to have acreages as our targets. In certain parts of our process, if it is a 70,000-acre parcel, it takes the same amount of processing time as a one-acre parcel.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

That adds quickly to your success rate.

[Martin Egan]

It does, and unfortunately there aren't very many of those huge parcels anymore.

We're going to have a discussion with the Assembly of First Nations in the near future. We've had the informal discussion, and we're going to be engaging them formally. Part of the agenda we're looking at is going to include examining agreements and pulling the best practices out of those agreements so that we have a shared understanding of the types of measures that should go into settlement agreements in order to help implementation, rather than hurt it. Hopefully that will happen.

We're also going to be looking at the benefits of the legislation that I talked about earlier. Those pieces of legislation are only applicable in the prairie provinces, and they have some really excellent tools that facilitate the implementation of the additions to reserve process.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Thank you.

Could you expand a bit as well on the types of environmental assessments that are done? Are they done at both the federal and the provincial levels? Do both levels of government need to sign off? Are there levels of duplication that could be avoided in those assessments?

[Martin Egan]

Generally what happens is that there is usually a sort of triage as to what kind of land use this selected land has undergone over the number of years and whether there is anything we should be concerned about. Depending on how that shapes out and what type of information we get out of that process, there may be some on-site testing and that type of thing. We try to narrow down exactly what things we may be concerned about and then determine whether there is an actual concern there or not.

It's really site specific. If there was a provincial licence or provincial land use of some kind, the province may be involved in it, but in general it's between the first nation and Canada. We undertake whatever testing is needed to convince ourselves, meaning both parties, that this is not going to be a problem as far as environmental impacts go.

[The Chair, Conservative, Bruce Stanton]

We're out of time now, Mr. Albrecht.

We'll now to go the Bloc Québécois.

Mr. Lévesque, you have five minutes.

[Yvon Lévesque, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Good morning, Mr. Fauteux.

According to the definition you give of your sector—I use that term because I'm not talking about the department as such—you have to conduct consultations when you enter into education infrastructure and Indian affairs agreements. Do you have to conduct consultations before reaching agreements on the reassignment of lands and so on?

[Paul Fauteux]

No. The process of adding to reserves is the responsibility of the Lands Branch, which in turn reports to the Lands and Economic Development sector. Our education infrastructure colleagues are not involved in the process.

[Yvon Lévesque, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Going back to Kitcisakik park, to which my colleague referred earlier, we know that that park is located in the middle of a wildlife reserve. I believe it's a provincial park.

[Paul Fauteux]

That's correct.

[Yvon Lévesque, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Are there any criteria that would enable a first nation to settle in the middle of a national park?

[Paul Fauteux]

I don't work for Parks Canada and I'm not sure I know the exact answer to your question. With regard to your concern about education, I know that the children of Kitcisakik have to be bused to school in Val-d'Or, where they stay for the entire week. That's one of the reasons why the community would like a new village that would of course include a school. In that case, our education sector colleagues would be involved in the school's construction and operation.

As to whether the situation would be different depending whether it is a federal or provincial park, I don't know, but we could look into the matter and provide you with a written answer.

[Yvon Lévesque, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

The last news I had about Kitcisakik is that the offer of the Minister of Natural Resources at the time, who today is the Minister of Indian Affairs—

[Paul Fauteux]

Are you talking about the Quebec minister?

[Yvon Lévesque, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Yes. At the time, Kitcisakik inhabitants had been offered the choice of settling at the edge of La Vérendrye wildlife reserve. They completely disagreed with that offer. I don't know whether there have been any other agreements. If Quebec agreed to settle them where they are, regardless of the cost of such a settlement, you would also agree. There's currently no reserve.

[Paul Fauteux]

No. However, when I visited the community two years ago, they had already agreed on a potential site for a new village, which would not be located where the community is currently established. It would be located a little farther away, in view of the availability of drinking water and the quality of soil for construction purposes. The community, the federal government and the provincial government had agreed. By a common accord, they had identified a site that would be more suitable for the construction of a village than the current site.

[Yvon Lévesque, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Are the negotiations ongoing?

[Paul Fauteux]

I admit I'm not very up-to-date on that matter. Our Quebec City regional office handles the file.

[Yvon Lévesque, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

I don't have any further questions, but my colleague appears to have some.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

My question is for Ms. Filbee, Mr. Fauteux or Mr. Egan. When a process is established, is the first nation always consulted to determine where the community will be established or expanded?

[Paul Fauteux]

It's the first nation that starts the process. It selects lands and prepares a file and passes a resolution of the band council formally requesting that the federal government add that land to its existing reserve or grant reserve status to land selected by the first nation reserve for the purpose of creating a new reserve.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Is your sector's work solely to ensure that the land selected will become a reserve land?

[Paul Fauteux]

That's it.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Do you go so far as to use an order?