Evidence of meeting #12 for Indigenous and Northern Affairs in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was board.
A recording is available from Parliament.
Conservative
Mark Strahl Conservative Chilliwack—Fraser Canyon, BC
With my remaining time, I'll thank you all for your work on behalf of the government and on behalf of all Canadians. It's certainly a difficult, complex agreement that was put together in shorter order than any of us anticipated just a few months ago.
Mr. Chair, I'll give the rest of my time to the committee.
NDP
Dennis Bevington NDP Western Arctic, NT
Mr. Chair, I guess we're pretty open on the timeframe now. We have another three-quarters of an hour. Are we going by fives?
NDP
Dennis Bevington NDP Western Arctic, NT
I'm interested in your testimony. You've said that the department is now going to restore some regional capacity in terms of administration, the kinds of things that were being done by the regional boards at the regional level. You've established the idea of these regional committees. It seems that you're moving to correct an error that was made in this legislation, which was to eliminate the regional boards. You recognize that now, and I'm kind of glad to hear that. It doesn't solve the more pressing problem with the land claims that goes beyond simply administration and committees and into authority that was granted through the land claims.
I'm curious. The land claim agreements must have some provisions within them for changes to the land claims themselves. Are there, inherent within those agreements, ways that the two sides can achieve changes to those agreements?
Director, Resource Policy and Programs Directorate, Northern Affairs, Department of Indian Affairs and Northern Development
All land claim agreements have amendment procedures. However, with respect to the bill at hand—
Director, Resource Policy and Programs Directorate, Northern Affairs, Department of Indian Affairs and Northern Development
I'm trying to answer the question.
Director, Resource Policy and Programs Directorate, Northern Affairs, Department of Indian Affairs and Northern Development
Our view is very clearly that the proposed restructuring does fall within the provisions of the land claims agreement. It is consistent with the land claim agreements.
NDP
Dennis Bevington NDP Western Arctic, NT
I've read the provisions of the land claims agreement. It says that if there is another board, the regional board can be folded into it. Where's the process for creating another board? Where's the process that would actually say to the first nations, "Here we are. We're now going to engage in a change to the land claims agreement according to what we've talked about, and we're going to have a process to do that."
Is there some outline of a process by which you can move to make a change, even though the change is contemplated and only contemplated within the agreement?
Director, Resource Policy and Programs Directorate, Northern Affairs, Department of Indian Affairs and Northern Development
Again, Mr. Chair, our view is that the bill before this committee does not require a change in the land claims agreement, that the provisions of the land claims agreement do allow for the consolidated Mackenzie Valley Land and Water Board that we are proposing. I would point to section 25.4.6 of the Sahtu Dene and Metis Comprehensive Land Claim Agreement, section 24.4.6 of the Gwich'in Comprehensive Land Claim Agreement, and section 22.4.1 of the Tlicho Land Claims and Self-Government Agreement.
Senior Counsel, Negotiations, Northern Affairs and Federal Interlocutor, Department of Justice
I'd just like to add it's our view that the land claim does set out a process for this particular initiative. The land claims, each of them that were referenced, say “where legislation establishes a larger board”, so the process for establishing that larger board is legislation. The land claims also have a provision, usually in chapter 2 of the land claims, that talks about a duty on government to consult in respect of the legislation that implements the land claim agreements. The process is we do it by legislation. We have a duty to consult, and the consultation initiative that the department carried out was in furtherance of that process.
NDP
Dennis Bevington NDP Western Arctic, NT
You're saying that the consultation process that you carried out is going to stand up in court. Is that your position?
Senior Counsel, Negotiations, Northern Affairs and Federal Interlocutor, Department of Justice
That is without a doubt our position.
NDP
Dennis Bevington NDP Western Arctic, NT
Once again, I see the department moving towards re-establishing some sort of.... This will help perhaps the next government that comes along that could probably put this right. In the NWT environmental audit in 2010 they looked at these, the processes that were going on between the central board and the regional board.
Are you familiar with the results of that audit?
Conservative
The Chair Conservative Chris Warkentin
Mr. Bevington, you are out of time, but we'll just have a quick answer.
Director, Resource Policy and Programs Directorate, Northern Affairs, Department of Indian Affairs and Northern Development
I'm aware of the audit. I'm not aware of the specific result of what you speak.
February 4th, 2014 / 4:15 p.m.
Conservative
Earl Dreeshen Conservative Red Deer, AB
There are just a couple of things I wanted to ask.
Going through the bill, proposed section 29 talks about the Governor in Council. I'm just wondering whether or not the statements that are associated with that are sort of the standard wording that you would see in Governor in Council activities.
Also, with respect to clause 120, which is on page 96, I'm also wondering if those are standard procedures we are using for all boards that are being selected that have a national focus.
Director, Northwest Territories Devolution Negotiations, Northern Affairs, Department of Indian Affairs and Northern Development
What sections?
Conservative
Earl Dreeshen Conservative Red Deer, AB
On proposed sections 29 and 30, on page 14, the question is whether it's standard wording that one would see for Governor in Council.
Director, Northwest Territories Devolution Negotiations, Northern Affairs, Department of Indian Affairs and Northern Development
Thank you.
Section 29 on page 14 falls under part 1, the changes to the NWT Act. It is consistent, both in 29(1) and 29(2). We talk about the power to withhold assent and the assent of the Governor in Council. It is consistent with what we've done in both the Yukon Act and the Nunavut Act.