Indigenous and Northern Affairs Committee on Dec. 5th, 2012

[The Chair, Conservative, Chris Warkentin]

Colleagues, I'm going to call to order this 53rd meeting of the Standing Committee on Aboriginal Affairs and Northern Development.

Colleagues, as you are aware, today we've had some changes to our schedule, and therefore we've made some changes to the orders of the day. We're going to be moving to the second hour of representation, so it will be our privilege today to have David Akeeagok, deputy minister of the Environment of the Government of Nunavut, as well as chief negotiator of devolution.

We also have Christopher Douglas, who is special advisor to the premier.

Thank you so much for being here. We appreciate your testimony. After your opening statement we will turn to committee members to ask questions.

We will turn to you as we begin.

[David Akeeagok, Deputy Minister of the Environment, Chief Negociator, Devolution, Government of Nunavut, Government of Nunavut]

[Witness speaks in Inuktitut]

Good afternoon. As the chair mentioned, my name is David Akeeagok, and I am the deputy minister of the Department of Environment in the Government of Nunavut. On behalf of Premier Aariak, I would like to thank the committee for your invitation to the premier to appear before you. Premier Aariak sends her regrets. I am appearing on her behalf.

I am appearing to speak in support of part 1 of the bill, the Nunavut Planning and Project Assessment Act. As Premier Aariak has noted, the bill marks an important milestone in creating an effective regime for Inuit and the government to manage resource development in Nunavut together.

The bill fulfills a major commitment Canada made under the Nunavut Land Claims Agreement. In 1993, the Inuit of Nunavut and Canada signed the largest land claims agreement in the country. The Nunavut Land Claims Agreement requires that new federal legislation be created to set forth the powers and functions of the resource management boards created under the agreement. In this case, they are the Nunavut Impact Review Board and the Nunavut Planning Commission. These two boards play an essential role in land and resource management in Nunavut. They are composed of members appointed or nominated by Inuit as well as by the territorial and federal governments. They have been in operation since 1996, under the authority and powers granted to them under the Nunavut Land Claims Agreement and the Nunavut Land Claims Agreement Act.

Between 2002 and late 2009, the Department of Aboriginal Affairs and Northern Development, the Government of Nunavut, and Nunavut Tunngavik Incorporated worked together to complete the federal legislation that would set out clear roles for the boards. The Nunavut Planning Commission and the Nunavut Impact Review Board also participated in that work. I would like to acknowledge the hard work officials from the Government of Nunavut, the federal Department of Aboriginal Affairs and Northern Development, Nunavut Tunngavik, and the two boards have put into the development of this bill.

The working group was guided by the Nunavut Land Claims Agreement as well as by the experience of drafting similar legislation in the Northwest Territories and the Yukon. The working group also benefited from the work the board, Inuit, and the government have been doing since 1996.

The Government of Nunavut believes this bill will make a number of improvements to the regulatory regime in Nunavut. Specifically, the Nunavut section of this bill will make the work of the Nunavut Impact Review Board and the Nunavut Planning Commission stronger by backing it up with solid federal legislation. It will also create a clear regulatory process with predictable timelines.

The bill will integrate the process of approving project proposals by the Nunavut Planning Commission and the Nunavut Impact Review Board. The bill establishes a one-window approach to project approval, with the Nunavut Planning Commission as the entry point for all project approvals. The bill establishes three-party approval of the land use plan by Inuit, Canada, and the Government of Nunavut.

The bill further clarifies the role of the Canadian Environmental Assessment Agency in Nunavut. This will eliminate the overlap of jurisdictions, which has caused confusion and delay elsewhere in Canada. The bill will make it clear which projects are subject to assessment. It will also set out in a schedule all government authorizations that must comply with the requirements of the bill before being finalized.

The bill sets out the regulatory approval process in a clear manner and organizes the processes chronologically.

The bill allows for enforcement of land use plans and project certifications on Inuit-owned lands, crown lands, and commissioner lands.

The bill requires that public hearings be conducted in Inuktitut if requested by a member, proponent, or intervenor.

The bill includes specific directions to regulators to include in their permits applicable terms and conditions of the land use plans and project assessment certificates.

The bill includes specific timelines for regulators and ministers to make decisions. This will bring certainty and predictability to Nunavummiut, to industry, and to other stakeholders.

Finally, the bill provides for offence provisions in relation to land use plans and project certification.

As the committee can see, this is an important piece of legislation for the north, and it will contribute to the economic development of Nunavut.

Additionally, as members of this committee may know, the Government of Nunavut is currently engaged in devolution discussions to transfer jurisdiction over land and resources from the federal government to the Government of Nunavut. A devolution agreement has been concluded with the Yukon, and an agreement in principle has been reached with the Northwest Territories.

An effective regulatory system, which Bill C-47 will create, is a key component of devolution. The Nunavut Planning and Project Assessment Act will assist in creating a transparent and effective regulatory system in Nunavut. It will allow the Government of Nunavut to take on management of lands and resources in a seamless way without disruption to resource development in Nunavut.

This legislation is an important achievement by the federal and territorial governments and Inuit to strengthen Nunavut's institutions and enable Nunavummiut to advance along the path towards greater self-reliance.

Mr. Chairman, that's all I have in terms of opening remarks. I would be happy to take questions from committee members.

Quyanainni.

[The Chair, Conservative, Chris Warkentin]

Thank you very much. We appreciate that opening statement.

We will now turn to Mr. Bevington for the first seven-minute round.

[Dennis Bevington, NDP, Western Arctic, NT]

Thank you, Mr. Chair.

Thank you very much to the witnesses for being here today. Quyanainni.

I'm pleased to have an opportunity to ask you questions on this. We are very delighted that you have a piece of legislation that you are anxious to see go through the process here and become law.

You can see the timeframe that's been involved in this. I'm a little curious as to what the sticking points were in this legislation that led to this taking so many years for the federal government and Nunavut to agree on. Could you maybe give us a sense of the issues where the two governments weren't in sync?

[David Akeeagok]

Quyanainni.

From 2002 to 2009 it has been a very complex file. It has been worked on very carefully by two governments, along with Nunavut Tunngavik Incorporated. With a tri-party working group, I don't think there were a lot of sticking points in terms of what the major issues were, but it did take quite a bit of time to do the drafting.

As well, just trying to have the same wording in the Nunavut Land Claims Agreement and the new legislation, and trying to line those up with the regulatory—it took a good number of years to get that through.

Quyanainni.

[Dennis Bevington, NDP, Western Arctic, NT]

You have provisions in here for regulated timeframes. Were those in the original drafts that were made on this a decade ago?

[David Akeeagok]

In the first bill that was introduced, the timeframe was shorter. This bill has increased the length of the timelines, which we're very happy to see.

Quyanainni.

[Dennis Bevington, NDP, Western Arctic, NT]

I've sat on environmental assessment boards myself in the Northwest Territories. When it comes to timeframes, industry, for instance, is responsible for providing enough information so that a board can accept a particular phase of the environmental assessment.

Do you think this act now gives you enough leeway to deal with those issues, such as lack of information for developing first the environmental impact statement and then the return? A number of steps along the way require information.

Do you feel these timeframes will in any way inhibit the government from dealing with these issues in such fashion as to ensure the right decisions are going to be made?

[David Akeeagok]

Thank you very much for that question.

In Nunavut we just practised that with the Baffinland environmental assessment review. That is a huge project being undertaken within Nunavut for which we followed the legislation being drafted as a model in order to go through the regulatory process. Sometimes we needed time, either within the board or within our own government. There are provisions to allow for that. That's one that seems to work, and it is supported through this legislation.

[Dennis Bevington, NDP, Western Arctic, NT]

On Monday, NTI submitted a whole series of amendments they want made to this bill. They call them minor in nature.

Do you agree with that assessment, and do you agree with the amendments they have proposed?

[David Akeeagok]

What NTI has submitted to the committee represents one of the areas that has been worked on for a good number of years. NTI have used the same wording used in the Nunavut Land Claims Agreement. From the assessments we did on what they submitted, that's what they're asking for.

In that regard, our government is satisfied with the bill before your committee. I believe NTI will be speaking to you on their points later this week. We have maintained the position that this should be worked on by the three parties, and we were satisfied by the working groups that we should move forward. From the government's standpoint, this is what we would like to see go through.

Quyanainni.

[Dennis Bevington, NDP, Western Arctic, NT]

I have a minute left, so it's not too much time to deal with those specifically. As you say, we're going to spend quite a bit longer with NTI on these, so we'll have a chance to look at them.

Do you have a timeframe to get these land use plans in place? Is there some sense that this will happen in a good fashion? Do you have an arrangement made?

I know in the Northwest Territories they have had a great deal of difficulty in finalizing land use plans. It's been a real hang-up for our government and for the whole process in the north.

[David Akeeagok]

Currently the Nunavut Planning Commission is conducting community consultations on the plan they have drafted, which will have a Nunavut-wide focus. That's taking place right now. I'm awaiting the community consultation results to see if there are going to be any amendments or any refinements on the draft that's before our territory.

Quyanainni.

[The Chair, Conservative, Chris Warkentin]

Thank you very much.

We'll turn to Mr. Rickford next, for seven minutes.

[Greg Rickford, Conservative, Kenora, ON]

Thank you, Mr. Chair.

Thank you, David and Christopher, for coming today.

We're talking about a piece of legislation that I think represents a new path forward with respect to major project development across the north. I want to commend the hard work your government has done—and our department as well—for what, by all accounts, based on your testimony today, has been a positive experience, one that, to quote some of the testimony we've heard so far, is aimed at a streamlined planning and review process, and as you've said, David, that brings “certainty and predictability”.

I think this is important in three main regards, and there may be others. It strikes me that the consultation process was thorough, and that, secondly, an emphasis was placed on what could be two competing claims, in a sense—economic development and of course the environment—as these projects move forward.

My colleagues are going to deal with the economic development and the environment piece. I want to focus for the next five or six minutes on the consultation process.

I was wondering, David, and perhaps Christopher, if you could tell us, to the extent that you're aware, about the nature of your participation—the government's participation—in the consultation process. Do you feel that your comments and/or your concerns were not just raised, because I'm sure you did that ably, but that they were adequately considered and responded to in this process?

If we have time, I'd like to go to a couple of residual questions on consultation.

Go ahead.

[David Akeeagok]

Our premier and our minister, once this legislation was tabled, provided a press release in support of this legislation. It showed that there has been very good work between the two governments in terms of consulting with each other and drafting this bill. It is very unique legislation that allowed us as territorial governments to have influence on the federal legislation. Yes, we are very happy with the level of consultation that took place leading up to this legislation.

[Greg Rickford, Conservative, Kenora, ON]

Christopher, do you have anything to add to that, briefly?

[Christopher Douglas, Special Advisor to Premier Eva Aariak, Government of Nunavut]

No, I think David covered that.

Thanks.

[Greg Rickford, Conservative, Kenora, ON]

As you said, David, this was a tripartite process in a technical sense, although there were other stakeholders who played a major role, certainly in the consultation process, to be able to arrive at a comprehensive agreement in the form of NUPPA, which is one component of Bill C-47. It strikes me, then, that in order for us to arrive at where we are today in terms of bringing this legislation forward, all parties, particularly the government and, as you mentioned, NTI, would need to have some degree of satisfaction, if not complete satisfaction, with this legislation moving forward.

Your sense from going through that process, David...and certainly, again, Christopher, this is an invitation for you to comment on that process, not just in terms of consultation, but in terms of a feeling that at this point all parties—and certainly the three that would form the tripartite, as you said, David—feel comfortable with where we're at in order to move forward with this comprehensive piece of legislation.

[Christopher Douglas]

What I would say, from working with Premier Aariak, is that we see this legislation as an important step forward towards the process of devolution, which David may talk about in more detail. It has been important to have the federal government, the territorial government, and Nunavut Tunngavik all working on this together, and working on the steps forward, so that we have that smooth transition towards devolution. The success that has happened in drafting this bill I think points towards a successful devolution process, and the premier is very pleased about that aspect of it.

[Greg Rickford, Conservative, Kenora, ON]

On the feedback from what I referred to earlier in my questioning, the feedback from the other stakeholders, am I to assume, then, that there was a high degree of comfort with the process and what we arrived at in terms of the NUPPA component of Bill C-47?

[David Akeeagok]

Yes. I think NTI, Nunavut Tunngavik, can speak for themselves on the comments they provided, but through the tripartite agreement, all three were comfortable enough to move this forward. There may be some technical wording they would rather see, but the three parties were satisfied with the overall concept and the spirit of this legislation, and we have been looking forward to the passage of this legislation. It has been a long time coming.

It is one that, if and when we get the devolution agreement and have control and administration of the land, will allow us to have either mirror legislation or use this legislation. That part is still up for negotiation with the federal government. But we are very pleased to see legislation like this, and if it can go through and be accepted, it will help our government to make control and administration of the crown lands a lot more seamless.

Thank you.

[Greg Rickford, Conservative, Kenora, ON]

Thank you.

I have no further questions.

[The Chair, Conservative, Chris Warkentin]

Thank you very much.

We'll turn to Ms. Bennett now.

[Carolyn Bennett, Liberal, St. Paul's, ON]

Thank you very much.

To follow up on my colleagues' questions, I think we were a bit shocked to get the 45-page document from NTI when we thought everybody was happy with this. With all the consultation, and as you say, with the spirit being on the same page, when you get 45 pages of changes, it's a bit surprising. Could you live with those changes from NTI, or are there ones that you don't think are necessary?