Indigenous and Northern Affairs Committee on Nov. 24th, 2011

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

Right.

The department continues to manage the lands.

[Paula Isaak]

In the interim, nothing changes as far as land management goes. The department continues to manage the land.

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

They manage it with the territories and the responsibilities of--

[Paula Isaak]

It is with the boards, yes.

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

Is there any effective date?

[Paula Isaak]

There is no set effective date for a final agreement. Until one is reached, it is difficult to predict what it would be.

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

Could you provide some clarification on the regulatory regime with respect to devolution? Some concern has been expressed about the system of sharing the decision-making responsibilities among federal and territorial jurisdictions. I'm hoping you can provide some insight on that.

[Paula Isaak]

I'm not sure I'm answering your question completely appropriately. The current land management regime continues as it is until such time as that changes as a result of a devolution agreement and devolution legislation.

Stephen is going to add to this.

[Stephen Gagnon]

If I understood your question, sir, in a large sense, the federal government is looking to the devolution agreement to transfer more control to local governments, consistent with the approach in the northern strategy that Paula talked about.

I think we have a pattern for that. Canada has already done this with the Government of Yukon. What you see, at the end of the day, is a diminished role for the federal government in actual decision-making on the ground and more of that being done by the Government of the Northwest Territories. Then, depending on the land claims, the claim groups would have a say in accordance with their agreements.

I'm not sure if that is getting to the heart of your question.

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

Back in 2009, a departmental audit indicated that there was a more positive view of the regulatory regime. I'm just wondering if you could comment on the audit findings.

[Paula Isaak]

I'm sorry, I missed something.

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

Back in 2009, the department did an audit of the regime. I'm just wondering if you could provide any information on those findings.

[Paula Isaak]

I can't speak specifically of those findings in 2009. There were significant audits, as you mentioned, of the regulatory regime, and we have worked to address all of the findings of the audits. The action plan is intended to address a number of those findings on filling legislative gaps and on streamlining some of the legislation. Those audit findings emanating from 2005 to 2010, and others are being addressed. To a large extent, they have been addressed through a number of activities as part of the regulatory improvement initiative and as part of ensuring that the environmental monitoring programs are in place, and those types of things.

[The Chair, Conservative, Chris Warkentin]

Thank you, Mr. Clarke.

Mr. Genest-Jourdain, the floor is yours for five minutes.

[Jonathan Genest-Jourdain, NDP, Manicouagan, QC]

I gather from your remarks that environmental considerations are a daily concern for you as you do your job. Do you have standard documents, drafted either by communities themselves or in collaboration with them, that deal with the environmental management of resources? Is it possible for you to send those documents to us?

My other question deals with the Northwest Territories cumulative impact monitoring program and the Nunavut general monitoring plan. How many people do those programs have on staff? Does that mean there is a physical presence on the ground? Or are they simply involved in administrative work?

[Paula Isaak]

I will answer in English.

The environmental monitoring programs have a variety of activities that have been and will be funded, involving work on the ground as well as both physical and non-physical research. It really is very much community-driven as to what the monitoring programs will provide, and so it very much depends on the proposals submitted to a working group made up of government, as well as aboriginal and stakeholder representatives. So it very much varies from year to year based on the kinds of proposals that are being submitted, but it's intended to be quite general and cover a variety of activities.

[Jonathan Genest-Jourdain, NDP, Manicouagan, QC]

Have any environmental management plans been drawn up? Are there any documents we can have? I ask because this is all a bit abstract at the moment. I would really like to see how it looks on paper. Would you have any documents you could send us?

[Paula Isaak]

We can follow up with some documents with more detail on that for you.

[Jonathan Genest-Jourdain, NDP, Manicouagan, QC]

Thank you.

[The Chair, Conservative, Chris Warkentin]

There is a little bit of time if anybody else....

Go ahead, Mr. Bevington.

[Dennis Bevington, NDP, Western Arctic, NT]

Talking about the AIP on devolution, you made an agreement in principle on devolution. Now, that's with the territorial government. The territorial government has indicated in letters to you that they don't see any requirement for legislative changes to the Mackenzie Valley Resource Management Act. If you've entered into an agreement in principle on resource development with them, on the disposition of the control over resources and land, why are you now countenancing changes to the legislation, when the party that you've agreed with in principle is not interested in them?

[Paula Isaak]

I will say that my group is not responsible for devolution, so I can't speak to what's happening specifically at that table. But all aspects of the agreement are under discussion amongst the parties at the main table for devolution. So they will have ongoing discussions around all aspects of the AIP.

[Dennis Bevington, NDP, Western Arctic, NT]

Now, with the first nations, does the department recognize its responsibility to first nations, in terms of their control over resources and land? Since all of the first nations with settled land claims in the region and those who are still settling land claims did not agree to sign the devolution AIP, is the government representing their interests here?

[Paula Isaak]

As I say, I can't speak to what's happening at the devolution table. What I do know is that the land claim agreements, the agreements that are in place, are fully respected throughout the process.

[Dennis Bevington, NDP, Western Arctic, NT]

Are you responsible for the rights of first nations on land management and resource issues? Is your department responsible for that?