My name is Bob Overvold, and I'm a member of the Sahtu Land Use Planning Board. We will be presenting on behalf of our chair, who was supposed to come down here but unfortunately had to cancel because of illness. She sends her regrets.
I am here today with Heidi Wiebe, our senior planner. Again, thanks for inviting us to participate in today's panel discussion on the barriers and solutions for economic development in Canada's northern territories.
We believe that land use planning is part of the solution. The Sahtu Land Use Planning Board has three key messages to share and leave with you today.
First, a completed and approved Sahtu land use plan will increase regulatory certainty and consistency by clearly defining where development is appropriate, and under what conditions, at the start of the process. In fact, I would go further, to say that to attempt to achieve an efficient regulatory regime without a land use plan in place is to my mind probably impossible.
Second, completion and approval of the Sahtu land use plan will promote the economic well-being of residents and communities as they define it, while protecting their social and cultural values as well.
Third, very similar to the point of my colleague Paul, if the board gets the funding it has requested this year, then we will complete the Sahtu land use plan by the end of March next year.
We commend your committee’s focus on advancing the economic prosperity of northerners and addressing the challenges they face in promoting their economic well-being, as stated in your October 30, 2009, news release.
The planning board is similarly mandated to develop a land use plan that protects and promotes the social, cultural, and economic well-being of residents and communities in the Sahtu settlement area, having regard to the interests of all Canadians. The Sahtu land claim agreement requires active participation of residents and communities and requires the board to devote special attention to the rights of participants under their land claim and to the lands used by them for wildlife harvesting and other resource use.
Planning decisions are driven first and foremost by communities. The plan serves to inform everyone else about community values so that development can proceed in a manner that respects those values and benefits northerners. Communities require economic development to provide revenues and jobs. They want to encourage development that will promote their economic well-being outside of their most important areas.
The planning board works with communities to identify development opportunities and constraints and to find ways to maximize those opportunities and the benefits for communities, while protecting the values they have identified.
Finding the right balance between the level of conservation and development is key. Finding that balance is the biggest challenge of any planning process. Ultimately, the balance must reflect community input regarding where and how development is most appropriately carried out.
Development that occurs in accordance with an approved land use plan will promote the social, cultural, and economic well-being of residents and communities of the settlement area, as well as of other Canadians.
Many reports have been written about the challenges of the northern regulatory system. Key among these challenges is the broad uncertainty about where development is acceptable in general. There is the central question that land use plans must address what types of development are appropriate, where, and under what conditions.
We do this through a system of zoning and conditions. Conservation zones protect the most significant cultural and ecological areas and are closed to development. Special management zones protect specific values. By that I mean, for example, that there may be an important woodland caribou calving area, and while the area may be open for development, the developers must take a special look at that condition, that value, and see how they could proceed with their development and still protect that value.
Special management zones protect specific values through broad conditions while allowing development to proceed. All other areas are considered “general use”, where development may proceed subject to existing regulatory requirements. In the absence of land use plans, these zoning decisions are transferred to other parts of the regulatory system, such as environmental assessment and permitting—and Richard is part of that regime, the environmental review board—that were not designed to answer such questions. As a result, without a land use plan in place, in our view the whole system bogs down.
In the 2005 NWT environmental audit, the Mackenzie Valley Environmental Impact Review Board indicated that many environmental assessments are either being triggered or their complexity increased by the absence of land use plans.
Once the Sahtu land use plan is completed and approved, developers will know where they can and can’t go and what values they need to pay special attention to in preparing their applications. This knowledge will allow them to make informed decisions about where to focus their efforts and develop their projects in a way that respects local values. With applications designed better and in accordance with an approved plan, regulators will be able to focus on what their main job is. They'll be able to focus on project-specific questions and carry out their processes with greater efficiency.
Several reports have reached this same conclusion and have recommended the immediate completion of land use plans in northern Canada. I mentioned the Auditor General’s report, the 2005 NWT environmental audit, Neil McCrank's report, and most recently the joint review panel’s report on the Mackenzie gas project. All have indicated the need for completing land use planning north of sixty.
With all the benefits of a land use plan, one might wonder why this critical document is not yet complete. In our case, in the past the Sahtu land use plan had numerous challenges including loss of board quorum over different years, significant under-funding, and loss of staff. The board has had to advance the process slowly as funding was made available and staff could be hired. Over the last two years the Sahtu land use planning board has developed into a fully functional planning organization with full board appointments, qualified staff, and sufficient funding to advance the plan.
The board has made considerable progress during this time and will be putting out a new draft shortly—by the end of May of this year. If we get continued funding, as we have requested this year, the board is confident, and I stress “confident”, that we can complete the Sahtu land use plan by the spring of 2011, in one more year's time.
Once complete, the plan will be submitted for approval to the Sahtu Secretariat Incorporated, the Government of the Northwest Territories, and INAC on behalf of the Government of Canada. The plan comes into effect the day it is approved by the minister of INAC. However, our funding is not yet guaranteed this year, and without it we cannot complete the Sahtu land use plan.
The board is at a critical junction in its history. When our current board members were appointed two years ago, and I was one of them, they committed to completing the plan within our terms, and we each have two-year terms. We are on schedule to meet that target and have received very positive comments from the communities, government, and industry about our work to revise the plan so far. We are committed to completing this important process and filling this large gap in the Sahtu regulatory regime.
In conclusion, we believe that a completed and approved Sahtu land use plan will fill a critical gap in the regulatory system that will allow other components to run more efficiently. It will not only benefit industry and regulators by providing certainty, but will also benefit the residents and communities by encouraging development that meets their needs. Assuming that the board continues to be funded this coming year, we anticipate completing the Sahtu land use plan and submitting it for approval within one year.
Thank you very much for this opportunity to present to you today. We are happy to answer any questions you or your committee members may have, Mr. Chair.