With the elimination of regional land and water boards, significant trust is lost. There will surely be a negative impact on the relationship between public government and the first nations people, especially in those regions that have signed treaties. Any collaborative spirit that might otherwise have underpinned an environmental assessment process will likely be lost.
Bill C-15 establishes a board system that is fundamentally different from and even hostile to that which was developed in accordance with the treaties of the Gwich'in, the Sahtu Dene, the Tlicho, the Dehcho, and the Inuvialuit. This unilateral attempt to reinterpret the purpose and intent of these land claim agreements, all of which were negotiated and signed in good faith, is unfortunately going to lead to strife and conflict.
This is regrettable, and it is a huge setback to the political development of the NWT. A more centralized regulatory system will inevitably threaten the growing sense of ownership and responsibility over regional boards that has been developing. Having one individual speaking on behalf of their region to a room full of representatives from other regions, who then get to vote and decide on a proposal, certainly does not guarantee that the desires of that region, of those most directly affected by the proposal, will be achieved.
There is also the issue of whether the new board will have the physical capacity to handle all environmental assessments in a timely manner. Where there was once a board in each region to handle proposals brought forward, now there will be only one, with a substantial workload.
Recent austerity measures have eliminated positions within the federal government, including those of professionals in the environmental field. These employees could have and would have been called upon to assist with environmental reviews. Is the necessary federal funding going to be allotted for needing staff to cover the dramatic increase in proposals that can be expected to be brought forward from proponents from the regions? Many northerners are concerned that the handover to the NWT of authority for the enforcement of regulations does not come with the resources necessary to do it.
Leaders are aware that many of the federal personnel employed during environmental assessment work have chosen to retire rather than transfer to the GNWT. This raises a concern about whether there are significant training dollars available so that newly hired local personnel can properly manage and enforce existing programs, not to mention implement new ones.
We also note with some disappointment the apparent lack of reference to and respect for local people who are well versed in traditional knowledge and who have much of value to say in environmental assessment matters. If they are unable to interpret regulatory legalese and to communicate these ideas to the public at large, much is lost. A mega-board hundreds of miles away in Yellowknife is not going to be able to take advantage of what these people have to offer.
Our recommendations are as follows: one, that the regional boards remain in existence to assist with the relaying and gathering of information from those who reside within the regions; two, that regional boards review any development proposal within their jurisdiction and create a regional position that reflects the informed views of those who reside within that proposed area; three, that a fail-proof auto-sent notification system be utilized to ensure email communication does not break down, and that accommodation, with time extensions, is permitted when it does; four, that procedures be put in place to ensure flight delays or cancellations don't deprive any board members of their right to participate in meetings; five, that the bill be amended to empower the regional and central boards to extend the 45-day time limit should it be necessary for the proper evaluation of a proposal; and six, that the bill require the government to adequately staff, train, and otherwise resource the boards, and should this not be done, that the time limits be waived.
In conclusion, we believe that the federal government has misplaced the priorities by putting forth Bill C-15 prior to settling the land claim agreements with the Akaitcho and the Dehcho. Recognizing the existing rights of all aboriginal peoples must be the first priority. After this is done, and only then, will Bill C-15 amended as we have suggested become a more palatable pill to swallow.
Finally, the Northern Territories Federation of Labour as a member of Alternatives North wishes to go on record as fully supporting and endorsing the analysis and recommendations in their brief.
Thank you again for your time.