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.
4:20 p.m.
Conservative
Earl Dreeshen Conservative Red Deer, AB
On transmittal of laws and disallowance, which is the next two sections, again, is that standard?
4:20 p.m.
Director, Northwest Territories Devolution Negotiations, Northern Affairs, Department of Indian Affairs and Northern Development
That's correct. The power of disallowance is not only found in the territories through those acts, but it's also found in the Constitution between the Government of Canada's power of dissolution with disallowance of legislation with provincial legislation, so it is consistent.
4:20 p.m.
Conservative
Earl Dreeshen Conservative Red Deer, AB
The standard process for the board, clause 120. Can you comment on that?
4:20 p.m.
Director, Resource Policy and Programs Directorate, Northern Affairs, Department of Indian Affairs and Northern Development
I'm just reading the clause. It's clause 120 on page 96.
4:20 p.m.
Director, Resource Policy and Programs Directorate, Northern Affairs, Department of Indian Affairs and Northern Development
Yes, it's generally standard. My legal counsel is advising me that some claims say you pick among members, and sometimes the minister himself picks, so our view again is that it's generally standard.
4:20 p.m.
Conservative
Earl Dreeshen Conservative Red Deer, AB
Clause 8 on page 34, in section 30, the Western Arctic as a constituency: is this current under the April deadline that we're speaking of?
4:20 p.m.
Director, Northwest Territories Devolution Negotiations, Northern Affairs, Department of Indian Affairs and Northern Development
I believe that is also found in the Canada Elections Act, schedule 3, I believe.
4:20 p.m.
Senior Counsel, Negotiations, Northern Affairs and Federal Interlocutor, Department of Justice
Mr. Chair, the member is referring to a consequential amendment that is a result of a change in the Northwest Territories Act. What used to be the definition of territories has been changed to a definition of Northwest Territories, so the only change that this bill encompasses is to put “Northwest” in front of “Territories”. Other than that, everything is staying the same.
4:20 p.m.
Conservative
The Chair Conservative Chris Warkentin
Mr. Genest-Jourdain, and if you have any additional time, I know that Mr. Bevington would like some time.
4:20 p.m.
NDP
Jonathan Genest-Jourdain NDP Manicouagan, QC
Mr. Walsh, what steps were taken by the Canadian government to draw up a complete list of abandoned mines and contaminated sites before ratifying this agreement?
4:20 p.m.
Director, Northwest Territories Devolution Negotiations, Northern Affairs, Department of Indian Affairs and Northern Development
Thank you for that question.
Mr. Chair, we undertook a number of different steps to ensure a full, exhaustive list of the contaminated sites.
First, we negotiated diligently with the Government of the Northwest Territories and the aboriginal parties with respect to the definition of what would constitute a waste site that Canada would retain. We looked at things like threats to public health and safety and the threats to the environment.
Once that common definition was determined, of what are waste sites and what are contaminated sites under the agreement, we then struck an intergovernmental working work group between the Government of Canada and the Government of the Northwest Territories and the aboriginal parties to go through the list of inventory. We applied the definition and the criteria that were agreed to in the devolution agreement with regard to the various sites that were in the Northwest Territories.
We came to a negotiated consensus between all parties as to what sites met those criteria. From there, we developed a schedule to the devolution agreement that itemizes exactly which sites are going to be excluded from transfer. That schedule can be found as part of the devolution agreement that was signed on June 25.
I can also tell you that through the implementation of the agreement at that time, we've had an intergovernmental working group that has continued to work on modifications to the schedule. There are provisions within the agreement that allow us to modify and amend the schedule as necessary, particularly around waste sites, because despite the fact that we signed the agreement on June 25, activity continues to happen up until transfer date.
We are now in the final stages of finalizing that site. We have consulted, we have sat down with all the parties, and we've come to a consensus. We are moving now through internal approvals to secure the necessary orders in council to ensure that those sites remain under the jurisdiction of the Government of Canada post-devolution.
Finally, the only other thing I would like to add, Mr. Chairman, is that there are provisions within the devolution agreement that allow for the Government of the Northwest Territories to come back, I guess, to the Government of Canada. We have dispute resolution. We do have mechanisms within the devolution agreement that allow us to go back and look at sites that we may have missed during those rounds. If, under the jurisdiction of the Government of the Northwest Territories, they find a site that we have missed in certain cases, then there is a process for us to sit down and go through that.
4:25 p.m.
NDP
4:25 p.m.
NDP
Dennis Bevington NDP Western Arctic, NT
When it comes to the Tlicho agreement, the grand chief says that fundamental to the Tlicho agreement, the heart of the promise that is enshrined in the Tlicho agreement, is an equal voice in decision-making on their lands.
It took 13 years of negotiating for Canada and the GNWT to arrive at a compromise so they'll have co-management in the Wek'eezhii region. Do you see that in the Tlicho agreement, that there is a spirit that speaks to the co-management of those lands?
4:25 p.m.
Director, Resource Policy and Programs Directorate, Northern Affairs, Department of Indian Affairs and Northern Development
Mr. Chair, the terms of the agreement speak for themselves. What I will say is that with respect to your question on proportionality, proportionality is actually being maintained in the consolidated Mackenzie Valley Land and Water Board.
4:25 p.m.
NDP
Dennis Bevington NDP Western Arctic, NT
So the proportionality that the Tlicho have is on the larger board. They have one member on a board with 11 members. In the case where there are regional committees struck, they'll have one voice out of three, perhaps. There's no guarantee that the person selected for the regional committee will necessarily be a Tlicho citizen. Is that correct?
4:25 p.m.
Director, Resource Policy and Programs Directorate, Northern Affairs, Department of Indian Affairs and Northern Development
In establishing the smaller panels, the chair would be required to give first consideration to the nominated member, the appointed member, from that region and would only not appoint that member were that member unavailable for reasons of illness, say, or some other reason.
4:30 p.m.
Conservative
The Chair Conservative Chris Warkentin
Thank you, Mr. Bevington. Your time is up. We're going to go now to Ms. Jones for a few questions.
I want to inform committee members that we are going to have to take some time for committee business. An issue has arisen that we have to discuss, so we will do that, but we have time for additional questions before then.
Ms. Jones.
4:30 p.m.
Liberal
Yvonne Jones Liberal Labrador, NL
In talking earlier about the regulatory regime, you said the decisions that would be made with regard to land and water regulations and the environment would not change. What I'd like you to explain to us is how the composition of the boards is changing and how the authority for that composition of the boards is changing. If you could explain that to us, it would give us some insight into where a lot of the concerns are coming from among the aboriginal governments.
4:30 p.m.
Director, Resource Policy and Programs Directorate, Northern Affairs, Department of Indian Affairs and Northern Development
Are you speaking only to part 4 of the bill, not to the board under part 3 of the Northwest Territories Waters Act?
4:30 p.m.
Liberal
Yvonne Jones Liberal Labrador, NL
No, just to the Mackenzie Valley Land and Water Board Act, part 4.
4:30 p.m.
Director, Resource Policy and Programs Directorate, Northern Affairs, Department of Indian Affairs and Northern Development
Thank you.
The bill would remove the existing regional panels. There would be a consolidated Mackenzie Valley Land and Water Board of 11 members. There would be the chair appointed by the minister in the first go-round, and following that, the minister would confer with the Gwich’in, the Sahtu, and the Tlicho on the appointment of subsequent chairs.
There would be a Gwich'in nominee, a Sahtu nominee, a member appointed directly by the Tlicho as per the terms of their land claim and self-government agreement, two members after consultation with unsettled regions, two territorial nominees, who are nominees based on input from the Government of the Northwest Territories, and then three appointees from Canada.
4:30 p.m.
Liberal
Yvonne Jones Liberal Labrador, NL
That gets back to the question that was asked by my colleague with regard to the designating of the three board members. I know that under the bill, on page 106, it is said that they can designate individuals from those particular groups, but it doesn't say they have to. That's the concerning part about this, because some of these changes—and I want you to clarify this for me—and decisions could be made without any representation from those particular aboriginal groups.
Could you explain that, please?