Debates of Aug. 20th, 2019

This is page numbers 6187 - 6288 of the Hansard for the 18th Assembly, 3rd Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library.

The word of the day was public .

Topics

Oral Questions

Members Present

Prayer

Strengthening the Arctic

Improving Access to Services for Residents of the Northwest Territories

Caribou Range Planning

Early Childhood Development: Access, Affordability and Inclusion

Recognition of Leo Konge, Western Canada Summer Games Medalist

Family Violence

Improving P3 Contracts for Northern Benefits

Anniversaries of Deh Cho Constituents

Mine Reclamation along Great Bear Lake

Recycling in Nahendeh

Child Care in Fort MacPherson

Strategic Oil and Gas Ltd.

Health Care in Nunakput

Recognition Of Visitors In The Gallery

Committee Report 34-18(3): Report on the Review of Bill 45: Corrections Act

Committee Report 33-18(3): Report on Bill 34: Mineral Resources Act

Motion that Committee Report 33-18(3) be Moved to Committee of the Whole

Committee Report 34-18(3): Standing Committee on Social Development Report on the Review of Bill 45: Corrections Act

Recognition Of Visitors In The Gallery (reversion)

Lyda Fuller - Order of the Northwest Territories Inductee

Recycling in Nahendeh

Yellowknife Adult Day Programming

Improving P3 Contracts for Northern Benefits

Childcare in Fort McPherson

Strategic Oil and Gas Ltd.

South Mackenzie Correctional Centre Therapeutic Model

Tabled Document 504-18(3): Toward a Plan - Strengthening Canada's Position in the Arctic

Tabled Document 505-18(3): ommunity Access Program 2018-2019 Results Report, Department of Infrastructure

Tabled Document 506-18(3): Supporting Access to Child Care in the NWT 2019-2020 Supplementary Action Plan

Tabled Document 507-18(3): Government of the Northwest Territories Response to Committee Report 23-18(3): Report on the Review of Bill 40: Smoking Control and Reduction Act and Bill 41: Tobacco and Vapour Products Control Act

Tabled Document 508-18(3): Legislative Assembly Retiring Allowance Fund Financial Statement for the Year Ended March 31, 2019

Consideration In Committee Of The Whole Of Bills And Other Matters

Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - Curriculum for Prospector Training, carried

Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - Solutions for Rights Issuance Overlapping Municipal boundaries

Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - Independent Panel to Review Royalties System

Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - Principles, Tools, and Indicators for Performance, Transparency and Accountability

Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - Implementation Plan for Mineral Resources Act

Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - Regulatory Gap Regarding Removal of Drill Core

Standing Committee on Economic Development and environment Report on the Review of Bill 34: Mineral Resources Act - government Response to Recommendations

Bill 34: Mineral Resources Act - Amend Clause 1 to replace definition of "settlement Lands"

Bill 34: Mineral Resources Act - Amend Clause 7(3)(

r) adding (r.1)

Recorded Vote

Bill 34: Mineral Resources Act - Amend paragraph 17.1(1)(

q) Bill 34: Mineral Resources Act - Amend Clause 20 by substituting paragraph (

g) Recorded Vote

Bill 34: Mineral Resources Act - Amend Clause 22

Bill 34: Mineral Resources Act -Amend Clause 22(2)

Bill 34: Mineral Resources Act - Amend Clause 22(7.1)

Recorded Vote

Bill 34: Mineral Resources Act - Motion to Amend Clause 22 by adding after

(7.2) Recorded Vote

Bill 34: Mineral Resources Act - Amend Clause 24

Recorded Vote

Bill 34: Mineral Resources Act - Amend Clause 24(7)

Bill 34: Mineral Resources Act - Amend subclause 24(13)

Recorded Vote

Bill 34: Mineral Resources Act - Amend paragraph 28(5)(

a) Bill 34: Mineral Resources Act - Amend paragraph 28(5)(

a) Carried

Bill 34: Mineral Resources Act - Amend subclause 28(5)(

a) and (

b) Recorded Vote

Bill 34: Mineral Resources Act - Amend paragraph 42(5)(

a) Bill 34: Mineral Resources Act - Amend subclause 42(5)

Recorded Vote

Bill 34: Mineral Resources Act - Delete and Replace clause 51

Recorded Vote

Bill 34: Mineral Resources Act - Delete and Replace clause 52(1)

Recorded Vote

Bill 34: Mineral Resources Act - Amend subclause 52(2) by adding

(1.2) Recorded Vote

Bill 34: Mineral Resources Act - Amend Clause 53

Bill 34: Mineral Resources Act - Amend paragraph 111(1)(

a) Bill 34: Mineral Resources Act - Amend subclause 111(4) to add

(4.1) Recorded Vote

Bill 34: Mineral Resources Act - Amend subclause 111(4) to add (4.1) and

(4.2) Recorded Vote

Bill 34: Mineral Resources Act - Amend subclauses 113(1) and

(2) Bill 34: Mineral Resources Act - Amend subclause 116

Report Of Committee Of The Whole

Bill 39: Environmental Rights Act

Recorded Vote

Bill 42:

An Act to Amend the Petroleum Products Tax Act

Recorded Vote

Bill 43:

An Act to Amend the Income Tax Act

Recorded Vote

Bill 46: Public Land Act

Recorded Vote

Orders Of The Day

Members Present

Hon. Glen Abernethy , Mr. Blake , Hon. Caroline Cochrane , Ms. Green , Hon. Jackson Lafferty , Hon. Bob McLeod , Hon. Robert McLeod , Mr. McNeely , Hon. Alfred Moses , Mr. Nadli , Mr. Nakimayak , Mr. O'Reilly , Hon. Wally Schumann , Hon. Louis Sebert , Mr. Simpson , Mr. Testart , Mr. Thompson , Mr. Vanthuyne

The House met at 1:33 p.m.

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---Prayer

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Prayer

Prayer

Page 6187

The Speaker

Jackson Lafferty

Good afternoon, Members. Item 2, Ministers' statements. The Honourable Premier .

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Minister's Statement 233-18(3): Strengthening the Arctic

Ministers' Statements

Page 6187

Bob McLeod

Yellowknife South

Mr. Speaker, international interest in the North has been increasing steadily over the past few years. As the effects of climate change increase access to the Arctic, the global geopolitical context for the region is changing.

With enormous untapped opportunities for shipping, research, and resource development, many countries are looking to influence the development of policies and international agreements that will benefit them and their interests in the region. Global powers like China, Russia, and the United States are deliberately ramping up their presence and level of activity within their own borders and across the circumpolar world in an effort to secure and further their national priorities.

Of particular interest to these nations is the potential for new and shorter shipping routes through the Arctic Ocean. There is also distinct interest in the resource potential of the Arctic as changing sea ice and climatic conditions make previously stranded resources more accessible.

Other countries are investing heavily in infrastructure, developing national plans, and trying to influence international policies in anticipation of new opportunities in the Arctic so they can better pursue their national interests. Canada, so far, has not kept pace with its own efforts to establish its role or interests in the Arctic, let alone ensure that the people of the Arctic have the same or even a similar quality of life as southern Canadians.

For its part, Canada has interests in the Arctic beyond simple geographic sovereignty, even if, as a nation, we are not entirely clear about them. Resource potential is maybe the most obvious one. We already know there are substantial reserves of onshore and offshore oil and gas in the region that are not being developed. These reserves are only going to become more strategically significant as China, for one, continues to look to lock in secure energy forces to fuel its economic growth.

We are also home to many of the minerals that will fuel the global green economy, including cobalt, gold, lithium, bismuth, and rare earth elements. The makers of batteries, solar panels, wind turbines, hand-held electronics, and computers rely on these minerals to make their products more efficient.

The North also has significant potential as a hub for international trade and transportation. The polar route can cut as much as 20 days off the time it takes to reach Asia from Europe, and airports in the territories are closer to Beijing, Tokyo, Moscow, and other European capitals than southern cities.

As a nation, Canada should be looking to capitalize on these advantages and start capitalizing on the opportunity to capture a piece of the global trade that is currently passing through our airspace and waters. These investments, if made strategically with proper consultation, consideration, and decision-making with Indigenous, territorial, and federal governments at the helm will be instrumental in bringing prosperity and jobs to our communities. They are opportunities to grow local and regional economies, build wellness, and shape the future of Canada from the Northwest Territories.

While the case for northern development might be clear to us here in the Northwest Territories, we are competing with a lot of other priorities on the national stage, and we need to make sure we are doing our part to promote our interests in southern Canada.

While Canada likes to think of itself as a northern country, Mr. Speaker, the North continues to be a bit of a mystery to many Canadians. Educating them and their leaders about the realities of the North, the people who live here, and our needs and priorities is an important part of generating support for national action to strengthen Canada's position in the Arctic. That is why I have been calling for the creation of a national plan for strengthening Canada's position in the Arctic in my meetings with my fellow Premiers. I have also been taking my message to the public and to influential academics and policy makers who are involved in thinking about the Arctic.

As part of these efforts, the Government of the Northwest Territories co-hosted a national mini-conference on this topic with the Institute for 21 st Century Questions in Toronto. Speakers at the conference included Nunavut Premier Joe Savikataaq, former Quebec Premier and federal Cabinet Minister Jean Charest, former Minister of Foreign Affairs and Minister of National Defence Peter Mackay, and former federal Member of Parliament Martha Hall-Findlay, as well as a number of leading academics. Attendees included a number of other political figures, business leaders, senior government officials, and academics.

Later today, at the appropriate time, I will table a copy of remarks made by me and by Premier Savikataaq at the event.

The feedback I have been getting nationally, Mr. Speaker, has been positive. My fellow Premiers and others I have been talking to in the South are very interested in the potential of the North and agree that Canada needs a plan.

Turning the massive potential of the North into sustainable northern communities and jobs and opportunities for ourselves and all Canadians will take determination, commitment, and significant investment in nation-building projects. As Northerners, we need to keep the discussion going, Mr. Speaker, and do our part to make sure that our territories and our people are the beneficiaries of the new international interest in the Arctic. Thank you, Mr. Speaker.

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Minister's Statement 233-18(3): Strengthening the Arctic

Ministers' Statements

Page 6188

The Speaker

Jackson Lafferty

Masi. Ministers' statements. Minister of Justice .

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Minister's Statement 234-18(3): Improving Access to Services for Residents of the Northwest Territories

Ministers' Statements

Page 6188

Louis Sebert

Thebacha

Mr. Speaker, the Department of Justice, under the Community Justice and Policing Division, has been leading an innovative "whole of government" pilot program in Yellowknife called Integrated Case Management or ICM. This program has been designed to understand and fundamentally reform the way social envelope services are accessed and delivered in the NWT by identifying the barriers and challenges residents face when obtaining services. ICM works from a person-centered, strength-based approach, with strong equity-based principles that acknowledge that not all members of our community start from the same place.

This means we may need to use different approaches to reach the goal of equal access to services for all community members.

Throughout the life of the ICM pilot program, our government has learned various lessons and identified systemic barriers to service provision in Yellowknife. In 2017, a third-party program evaluation was conducted and found success in the provision of person-centered services with significant individual positive outcomes for program participants. The ICM program is currently undergoing a second evaluation that includes a robust analysis of system-level impacts, including targeted data analytics and a social return-on-investment analysis.

Although we know system change takes time, we are looking forward to this evaluation shedding some light on early indicators of success and providing recommendations for moving forward in our efforts to improve service integration and access in the NWT.

Mr. Speaker, one of the biggest lessons learned from the ICM program and its "whole of government" approach is that complex social challenges cannot be addressed in a siloed, system-centered service-provision environment. It is not enough that our services are available. They must be accessible and delivered in a timely and supportive manner that ensures all members of our community feel respected and are treated with dignity. We need to do things differently. We need to work together to provide integrated, person-centered services that facilitate wellbeing and self-sufficiency for all community members, that create better opportunities for people to succeed.

To this end, I wish to advise Members of the Legislative Assembly that deputy ministers from the social envelope departments have committed to working together to look at the feasibility of reforming service delivery throughout the NWT through the development of a territory-wide Integrated Service Delivery model. This initiative will look at the findings, recommendations, and lessons learned from the ICM program, while also incorporating various service-reform efforts currently under way.

The initiative will focus on addressing systemic and structural issues across all government departments and work to enhance the capacity of the system to respond in a timely, effective, integrated manner that meets the needs of all residents of the NWT.

It is time to commit to acting on a common agenda that puts the needs of our residents at its core. In fact, Mr. Speaker, this is the role of government. Officials are prepared to embrace the challenges that come with this commitment and present the next government with a roadmap for service delivery reform. Thank you, Mr. Speaker.

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Minister's Statement 234-18(3): Improving Access to Services for Residents of the Northwest Territories

Ministers' Statements

Page 6189

The Speaker

Jackson Lafferty

Masi. Ministers' statements. Minister of Environment and Natural Resources .

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Minister's Statement 235-18(3): Caribou Range Planning

Ministers' Statements

Page 6189

Robert C. McLeod

Inuvik Twin Lakes

Thank you, Mr. Speaker. This government has made a commitment at the beginning of this Legislative Assembly to support the effective co-management of our caribou herds. As you know, many of our herds are experiencing rapid declines, and it is our shared responsibility as a government and a territory to promote their recovery.

Range plans are a vital part of how we work together to co-manage our caribou herds and provide guidance to decision makers, developers, and communities to manage activities on the land in a way that supports healthy caribou populations.

Mr. Speaker, today, after years of work, I am pleased to officially release two new range-planning documents, the Bathurst Caribou Range Plan and the Framework for Boreal Caribou Range Planning. These documents provide important tools to protect the habitat of our vulnerable caribou populations and fulfill an important mandate commitment made by this Legislative Assembly.

Barren-ground caribou populations have historically experienced periods of highs and lows, but, of all the barren-ground herds, the Bathurst caribou herd has suffered the most dramatic decline, from a high of 450,000 animals in the mid-1980s to a current low of about 8,200 animals. This is despite extensive efforts to support conservation and promote herd recovery.

The Bathurst caribou range plan is a response to calls for action to help the herd recover and ensure its habitat remains healthy. It includes guidance for managing the overall disturbance on the land and tools to reduce and manage impacts to caribou and caribou habitat. It is also an attempt to balance these recovery efforts with the benefits of industrial development. Human activities and land use need to be managed carefully, Mr. Speaker, particularly when caribou numbers are low and more vulnerable to disturbance.

Range planning helps establish certainty around land use, which is critical to achieving both conservation and development goals, and contributes to a strong and prosperous territory.

Twenty-one organizations and co-management partners worked together to develop the Bathurst caribou range plan over five years, Mr. Speaker. This included all levels of government and Indigenous organizations, as well as co-management boards, industry, and environmental groups. The plan is based on knowledge and perspectives grounded in both traditional knowledge and science, and I am very grateful to everyone involved for their hard work and dedication.

The range plan for Bathurst caribou looks to Northerners as caribou guardians and recognizes the shared responsibility for managing development to support the recovery of the herd. Applying this plan effectively as part of land use decisions will require a genuine commitment from governments, organizations, developers, communities, and individuals across multiple jurisdictions.

In the next few days, we will also be releasing a framework for boreal caribou range planning. This document will guide the development of five regional range plans for boreal caribou in the Northwest Territories. These are the caribou that live in the forest east of the Mackenzie Mountains. They are listed as a threatened species under federal and territorial legislation.

The framework was developed with our co-management partners, and includes a "made in the North" approach to managing boreal caribou and their habitat. While the Northwest Territories population of boreal caribou is currently considered stable overall, careful management of habitat disturbance will be important to maintain a healthy and sustainable population for the future. The regional range plans developed under this framework will help ensure there is enough forest across the Northwest Territories to support a healthy and sustainable population of boreal caribou.

The framework is a critical step, but is just the beginning. Work to develop regional range plans can now get under way and will begin in the southern Northwest Territories and Wek'eezhii regions, where there is wildfire and industrial activity, followed by the Sahtu, Gwich'in, and Inuvialuit regions. Each plan will be developed in collaboration with our co-management partners, and is expected to take at least two years to complete.

The Government of the Northwest Territories remains committed to managing the land and natural resources of the Northwest Territories in a way that is sustainable, responsible, and responsive, relying on shared tools like this framework and range plan to make effective decisions within our strong co-management and regulatory system.

I am confident both of these documents provide effective tools and approaches for protecting caribou in the Northwest Territories, and I look forward to seeing them in action as we work with our partners to help implement them successfully. Thank you, Mr. Speaker.

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Minister's Statement 235-18(3): Caribou Range Planning

Ministers' Statements

Page 6190

The Speaker

Jackson Lafferty

Masi. Ministers' statements. Minister of Education, Culture and Employment .

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Minister's Statement 236-18(3): Early Childhood Development: Access, Affordability and Inclusion

Ministers' Statements

Page 6190

Caroline Cochrane

Range Lake

Mr. Speaker, the early years, from birth to age five, are among the most critical for a child's development. The Department of Education, Culture and Employment recognizes the need to support safe and high-quality early learning environments for children to grow into healthy adults and fulfill their potential as capable people.

We know that parents and caregivers have the greatest responsibility and influence on their children's development. An effective and integrated early childhood system that provides the necessary services, supports, and resources to families with young children is essential to ensure that our children have the best support possible to help them succeed.

Accessible and affordable early childhood services in every community are a critical part of the department's mandate and necessary to support working caregivers. We have been enhancing our programs, services, interactions, and support for early childcare operators and working with communities to ensure that there are options available for families.

As all families with four- and five-year-old children now have the option to access early learning programming within their local schools, there is now a focus on childcare for children from birth to three years old. We know the level of childcare required across the territory varies from year to year depending on birth rate, employment status, and the needs and preferences of families. Understanding unique community needs for childcare is an important factor for developing approaches across the territory; a one-size-fits-all approach will not serve our families or our communities.

Mr. Speaker, the Supporting Access to Childcare Action Plan provides a vision for accessible childcare in the Northwest Territories and outlines a phased-in approach to making childcare more accessible and affordable for families throughout the Northwest Territories. I will be tabling this document later today.

As Members of this House know, the department received funding through a bilateral agreement under the 2017 federal Early Learning and Childcare initiative. Our new plan expands upon the right from the start early childhood framework and action plan. It provides an overview of six key elements, with goals and actions that contribute to accessible early learning and childcare in the NWT. The plan highlights current work and provides additional actions specifically related to infrastructure and affordability.

Mr. Speaker, in spite of efforts to increase the number of communities with licensed early childcare programs, there remains 11 communities without them. We are currently working with the communities of Colville Lake, Detah, Enterprise, Jean Marie River, Kakisa, Lutselk'e, Nahanni Butte, Norman Wells, Sambaa K'e, Wrigley, and Tsiigehtchic to determine their needs and what the community can support.

For some, sustainable early childhood programming may take the form of parent and child drop-in opportunities or support groups; and for others, there may be a need for and interest in opening licensed early childhood centres or family day homes. We have invited representatives from each of these communities to the early childhood symposium happening August 21 st to 23 rd to discuss their specific needs and how we may help. Mr. Speaker, I seek unanimous consent to conclude my Minister's statement.

---Unanimous consent granted

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Minister's Statement 236-18(3): Early Childhood Development: Access, Affordability and Inclusion

Ministers' Statements

Page 6190

Caroline Cochrane

Range Lake

Although we continue to face challenges in this area, I know that the work done during this Assembly will have a lasting positive impact. We have increased rates for all licensed spaces, from infant to preschool, increased the number of early childhood scholarships up to 30 this year from 10 and remodelled our funding programs for licensed early childhood programs.

The supporting access to childcare action plan outlines our way forward. It addresses challenges and suggests solutions to meet childcare needs across the territory. We are focusing on community-driven programs, increasing available spaces, exploring infrastructure potential, stabilizing parent fees, increasing the number of early childhood staff with postsecondary credentials, and providing specific funding to support children with complex needs, including those with developmental challenges.

The types of quality early childhood experiences available will vary greatly across the territory, but we are committed to working with all communities to improve access and ensure a tailored approach that will meet the needs of families and children. Mahsi cho, Mr. Speaker.

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Minister's Statement 236-18(3): Early Childhood Development: Access, Affordability and Inclusion

Ministers' Statements

Page 6191

The Speaker

Jackson Lafferty

Masi. Colleagues, I'd like to draw your attention to visitors in the gallery. We have with us Mr. David Ramsay, former Member of the 2015, 2016, and 2017 Assembly. Welcome to our Assembly again. Of course, we have with us Morven MacPherson, my EA, my CA, as part of my office. Welcome. Item 3, Members' statements. Member for Kam Lake .

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Recognition of Leo Konge, Western Canada Summer Games Medalist

Members' Statements

Page 6191

Kieron Testart

Kam Lake

Thank you, Mr. Speaker. Today I would like to speak on the Team NWT's recent participation in the Western Canada Summer Games.

First off, I would like to congratulate all members of Team NWT for their performance. Our athletes were excellent ambassadors of our northern spirit and territory, but I want to specifically celebrate the outstanding accomplishments of Leo Konge, one of my constituents. He pushed hard and brought home gold in 50 metre butterfly, as well as two bronze medals in the 100 meter and 200 meter butterfly, at this year's games in Swift Current, Saskatchewan. Leo's dedication to sport, teamwork, and personal excellence serves as a model example of what we can achieve when we dedicate ourselves to realizing our goals. Leo has literally set a gold standard.

The Western Canada Summer Games were first held in Regina in 1975 and provided western and northern athletes the opportunity to compete at a high-performance level, and meet and interact with fellow athletes their age. Every four years, the year before the Summer Olympics, nearly 2,300 athletes representing the four western provinces and three territories meet to compete in 23 summer sport disciplines.

I want to recognize all Team NWT volunteers, officials, parents, and support networks. They have all demonstrated a dedication to go that extra mile to ensure that the athletes have the best experience possible and who all support their athletic pursuits. Their dedication of time and monetary support to the training and skills development of our next generation is so very important.

All of us have an obligation to build the foundation for future generations by promoting healthy and active living among children and youth. Sports and physical activity have a proven effect of improving the physical and mental well-being of participants. The NWT will be hosting the Western Canada Summer Games in 2027, and I hope that we all play our part to ensure that we send the biggest team yet from the NWT to these games.

Mr. Speaker, again, I would like to congratulate all of Team NWT on their fine performance, and I am sure the Members will join me in acknowledging how proud we are of Leo and his teammates. We wish them all the very best as they progress in their chosen sports and in future competitions. Thank you, Mr. Speaker, and thank you, Leo.

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Recognition of Leo Konge, Western Canada Summer Games Medalist

Members' Statements

Page 6191

The Speaker

Jackson Lafferty

Masi. Congratulations. You make the NWT proud.

---Applause

Masi. Looking forward to more medals. Members' statements. Member for Yellowknife Centre .

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Family Violence

Members' Statements

Page 6191

Julie Green

Yellowknife Centre

Mahsi, Mr. Speaker. In our mandate, we describe community and family violence as a crisis and determined to take action. Four years on, it's still a crisis, and our efforts have flagged. According to Statistics Canada, the national incidents for intimate partner violence is 313 people per 100,000 population. In the Northwest Territories, the rate is an astonishing 2,906 people per 100,000 population, or about nine times as high. These are 2017 numbers, but they have been at this level for 10 years.

When the Coalition Against Family Violence was still active, it had three priorities. The first was to prevent and address the normalization of family violence. The ask here was to make intimate partner violence as unacceptable as drinking and driving, or smoking, or deciding not to wear a seat belt. My pleas to repeat the Family Violence Survey conducted in 2007 fell on deaf ears. A new survey would have produced valuable and updated information about prevailing attitudes to family violence so that messaging could be targeted to specific groups of residents.

The second priority of the Coalition Against Family Violence was to ensure an adequate emergency response. I am pleased to say that there has been some movement in this area. Funding for family violence shelters has increased, and operating standards are going to be rolled out this fall. I advocated for a safe house pilot project in one of the 11 communities without police, but to no avail. If you are a woman looking for safety in one of these communities, help may still be hours away.

The final Coalition Against Family Violence priority was healing. Women have asked for healing for their partners because they believe that the whole family will benefit. The evaluation of the A New Day men's healing program said it was effective, but that didn't stop the Department of Justice from revamping it and narrowing its scope. As a result, a fraction of people are enrolled compared to number who took

part in the previous Tree of Peace program. I am disappointed with this outcome. We need more healing, not less.

The government has taken an important step by creating an interdepartmental committee on family violence. They need to start by looking at the priorities outlined by the Coalition Against Family Violence. Mr. Speaker, I seek unanimous consent to conclude my statement. Mahsi.

---Unanimous consent granted

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Family Violence

Members' Statements

Page 6192

Julie Green

Yellowknife Centre

Mahsi, colleagues. Thank you, Mr. Speaker. They need to start by looking at the priorities outlined by the Coalition Against Family Violence, because they are still relevant. Their challenges to create policies and programs that demonstrate that family violence is not normal, and there is something that we can do about it. Mahsi, Mr. Speaker.

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Family Violence

Members' Statements

Page 6192

The Speaker

Jackson Lafferty

Masi. Members' statements. Member for Yellowknife North .

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Improving P3 Contracts for Northern Benefits

Members' Statements

Page 6192

Cory Vanthuyne

Yellowknife North

Thank you, Mr. Speaker. I would like to talk today about P3 contracts. Public-private partnerships have been used to achieve some of our large infrastructure projects here in the North, like the new Stanton Territorial Hospital, and will be the method used for the Whati road.

The benefit of P3s is that projects that would otherwise not have funding can be completed using long-term payments that don't require an increase in taxes. That way, government funds can be used elsewhere for other priorities, but, Mr. Speaker, our government has policies to support northern businesses. To be consistent, I think that we need better rules for P3s.

We need to ensure that, in each case, there is a strong benefit component to Northerners. For example, we have a detailed Business Incentive Policy. It ensures that the northern businesses bidding on government contracts have an advantage when BIP is applied. As the government conducts operations, northern businesses can successfully be awarded government work.

Similarly, our Negotiated Contracts Policy is described to provide benefits to northern businesses and communities. Negotiated contracts are intended to create growth in non-market communities or regions, providing jobs for Northerners, support for new and developing businesses, and opportunities for on-the-job training and apprenticeships. A good example is the recent Norman Wells health centre. There, the negotiated contract provided not only substantial work for northern businesses, but also trades training and life skills development in all Sahtu communities.

When it comes to P3s, BIP doesn't apply, and northern benefits aren't always negotiated. An example is the company managing the new Stanton Hospital. When the hospital opened, the contract for coffee throughout the hospital went to a southern company. Needless to say, Yellowknife coffee suppliers were not happy. The complaint was resolved, and we now have a northern coffee supplier at the new hospital.

The lesson is clear: BIP and our Negotiated Contracts Policy make sure that northern businesses, communities, and individuals gain the most benefits from the government conducting business. In that same way, if we keep using P3s, Northerners need to reap the benefits of substantial public spending. We have policies that already work for Northerners, injecting them into the P3 contracting process is the way that we must go in the future. Thank you, Mr. Speaker.

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Improving P3 Contracts for Northern Benefits

Members' Statements

Page 6192

The Speaker

Jackson Lafferty

Masi. Members' statements. Member for Deh Cho .

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Anniversaries of Deh Cho Constituents

Members' Statements

Page 6192

Michael Nadli

Deh Cho

Mahsi, Mr. Speaker. Three couples of the Deh Cho riding celebrated long-term anniversaries with family get-togethers, dinners, and dances. The loving couples were treated like royalty by their families and created lots of love and happiness in their community.

The union of two people in love and major is a special moment in life. Living and building a life together commonly brings the joy of children and family. Of course, there are the low points and the challenges, but working through those moments together only make you stronger. I am happy to recognize the following married couples who celebrated their anniversaries.

Fred and Veronique Sabourin of Fort Providence were married July 27, 1954. Veronique's maiden name is Sambele. They met Leshamie, a village down from Fort Providence. They have 11 children, 32 grandchildren, and one great-grandchild. Fred and Veronique can often be found at their cabin about three quarters of the way downriver to Horn River.

Daniel and Emily Squirrel of Fort Providence were married January 6, 1959. Emily's maiden name is Bonnetrouge. Daniel asked Emily's grandfather for Emily's hand in marriage. They have five children, five grandchildren, and one great-grandson. Daniel and Emily actively attend local events and often are at their cabin at the winter crossing.

Sarah and Gabe Chicot of Kakisa were married July 6, 1959. Sarah's maiden name is St. Pierre. They met at the old community. They have five children, four grandchildren, and four great-grandchildren. Both Sarah and Gabe continue to be active in their community, often helping their son fish and making dryfish.

I would like to once again express my congratulations to these married couples. Congratulations, and may you have many more years of love and happiness. Mahsi, Mr. Speaker.

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Anniversaries of Deh Cho Constituents

Members' Statements

Page 6193

The Speaker

Jackson Lafferty

Masi. Members' statements. Member for Sahtu .

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Mine Reclamation along Great Bear Lake

Members' Statements

Page 6193

Daniel McNeely

Sahtu

Thank you, Mr. Speaker. Resource development in the Northwest Territories dates back to original mineral exploration in the 1930s in the Sahtu region. The mining industry is the main economic driver of the Northwest Territories economy, an industry that sustains government, direct benefits, and contributes to a supply chain that includes a vast amount of Northerners and businesses.

This is welcoming news while we attribute to modernizing industry legislation from the days of its original rights issuances, legislation that we hope will provide confidence and certainty.

Mr. Speaker, advancing and acknowledging the devolution resource development responsibilities provides me with confidence that our government recognizes the potential for enhancing economic opportunities by engagement with all northern stakeholders. I look forward in participating on the process of this modernization legislation and viewed as economic sustainability support. Mahsi, Mr. Speaker.

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Mine Reclamation along Great Bear Lake

Members' Statements

Page 6193

The Speaker

Jackson Lafferty

Masi. Members' statements. Member for Nahendeh .

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Recycling in Nahendeh

Members' Statements

Page 6193

Shane Thompson

Nahendeh

Thank you, Mr. Speaker. In my riding, like others, there are no recycling facilities for paper, cardboard, and metals. With increased consumerism, waste reduction and recycling issues are essential. Our neighbours in the south in Edmonton, Alberta, have a world-renowned waste management facility. For us to not even have a recycling depot for cardboard and paper is unacceptable. We are further behind that we should be reducing pollution and waste.

Mr. Speaker, if you go to the dump in Fort Simpson, you will see piles and piles of waste cardboard and paper that could be recycled. Starting up a recycling facility would reduce our contribution to the landfill and the negative impact that the waste has on the natural environment. If government had a recycling program for paper and cardboard, we would increase the lifespan of our dumps, which in turn would help the environment.

In addition to the benefit of the environment recycling has, a new facility would provide a new industry for employment in my riding. Perhaps we could have a handler in each community, with the main facility being in Fort Simpson, where all the recycling for the riding is sent out. This possible structure could create at least one position in each community of my riding, as well as more positions at the main facility in Fort Simpson.

Mr. Speaker, we currently have a bottle depot in Fort Simpson for recycling cans, plastic, glass bottles, and electronics. We have a smaller bottle depot in the surrounding communities. The recycling depot in Fort Simpson could be expanded to become a crushing facility. Material could be sorted, crushed, and then sent out rather than being sent out sorted but not crushed. This would provide more employment in my riding.

Highlights from the NWT Waste Reduction and Recovery Program 2013-2014 Annual Report said, "An electronics recycling pilot project was initiated in September 2013 and collected over 7 metric tonnes of electronics." These results are astonishing. It would be great to introduce more recycling facilities in ridings for different materials so that the NWT can contribute to yielding such great results in recycling.

Mr. Speaker, the results of this pilot project were proven to be successful and electronic recycling has been implemented across NWT. Why not introduce a program for paper and cardboard now? Thank you, Mr. Speaker.

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Recycling in Nahendeh

Members' Statements

Page 6193

The Speaker

Jackson Lafferty

Masi. Members' statements. Member for Mackenzie Delta .

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Child Care in Fort MacPherson

Members' Statements

Page 6194

Frederick Blake Jr.

Mackenzie Delta

Thank you, Mr. Speaker. As summer nears its end, so does the summer school break. Parents have been planning for the children heading back to school, and parents with young ones at home are planning for babysitters or daycare. In smaller communities such as Fort McPherson, we don't have the option for daycare.

Mr. Speaker let me note a few points about the benefits of daycare:

The emotional well-being by sending our children to daycare at a young age: they become comfortable in social situations.

The developmental opportunities: daycare staff are trained and can teach our children developmental skills.

Attending daycare in the early stages of life helps our children with physical, emotional, social, language, and cognitive development.

Mr. Speaker, there is a house specifically for daycare use, with inspections on a regular basis checking for safety and health hazards. This house sits empty. Last March, funding was cut and the daycare was closed indefinitely.

Daycare is necessary for most parents, both of whom are working. Having your child in daycare is much better than having to worry about if the babysitter will show up.

Single parents who want to go back to school or find employment rely on daycare opportunities. Just having the option, knowing that daycare is a viable source, believe me, has less stress.

Mr. Speaker, let me add that daycare helps children develop skills to make them successful for junior kindergarten, having a structure in place with teachings in a fun setting adds to our children enjoying school and wanting to learn.

Parents in Fort McPherson are requesting daycare. They want this in place as soon as we can in order for them to have a steady, reliable place for their children. Thank you, Mr. Speaker. I will have questions later today.

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Child Care in Fort MacPherson

Members' Statements

Page 6194

The Speaker

Jackson Lafferty

Masi. Members' statements. Member for Frame Lake .

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Strategic Oil and Gas Ltd.

Members' Statements

Page 6194

Kevin O'Reilly

Frame Lake

Merci, Monsieur le President. In February 2015, Strategic Oil and Gas Ltd. stopped production in the Cameron Hills field in the Northwest Territories. It bought the operations from Paramount Resources a couple of years before that, and GNWT approved the assignment of regulatory approvals to the new owner. The field consists of 50 wells, winter roads, summer all-terrain vehicle trails, a gas and oil gathering system, a central battery, temporary and permanent camps, airstrips, borrow pits, and bridges. A class A water licence and a type A land use permit cover its activities in the NWT.

It also holds an operations authorization from the Office of the Regulator of Oil and Gas Operations, 15 production licences, and 11 significant discovery licences in the Northwest Territories.

Following some research, it looks like there has never been an approved closure and reclamation plan for Cameron Hills. Three different versions of a closure and reclamation plan have been submitted, and all have been rejected as inadequate. More recently, a workshop was held in Hay River in February 2019 on closure of the field and a new plan is due tomorrow, August 21 st .

Trading was halted in Strategic Oil and Gas in April 2019 on the Toronto Stock Exchange, and some directors have resigned. Strategic Oil and Gas is now in creditor protection with KPMG, a large international accounting and audit firm, as the court-appointed monitor.

On May 9, 2019, the Alberta Court of Queen's Bench granted a revised stay of proceeding until September 30, 2019. Further, the court approved a process to begin the sale of its assets.

In June I asked a series of written questions on the status of Strategic Oil and Gas holdings in the NWT, its liabilities, and what our government is doing to protect our interests. I found out that only about $3 million is held in financial security and that there did not appear to be any estimate of its liabilities.

On the KPMG website, there is a document showing a list of unsecured creditors, including one from the NWT and an estimate of $12.375 million for the end-of-life obligations from OROGO, although the executive director tells me they had no input into this figure. This would leave a shortfall of over $9 million for environmental liabilities from a company that is in creditor protection. Needless to say, I will have questions for the Minister of Industry, Tourism and Investment on what our government is doing to protect taxpayers and the environment. Mahsi, Mr. Speaker.

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Strategic Oil and Gas Ltd.

Members' Statements

Page 6194

The Speaker

Jackson Lafferty

Masi. Members' statements. Member for Nunakput .

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Health Care in Nunakput

Members' Statements

Page 6195

Herbert Nakimayak

Nunakput

Thank you, Mr. Speaker. Back in February of this year I did a Member's statement on healthcare in relation to elders, where I talked about multiple system-related issues that Nunakput residents have brought to my attention. Today I would like to expand on the subject of healthcare in relation to Indigenous peoples.

Among the issues I mentioned in my previous statement on healthcare, I talked about the need for more culturally safe and appropriate healthcare to be offered to the people of the Northwest Territories. Ironically, the day after I made the statement, the Department of Health and Social Services came out with a cultural safety plan which I was very glad to see addressed some of the core issues on healthcare.

Moreover, Mr. Speaker, there are other issues which my constituents have experienced recently in relation to the health department, particularly with medical travel. For example, there was one case where a medical patient was required by their doctor to have an escort travel to Edmonton with them for an appointment. However, the medical travel personnel viewed the situation differently and left the patient in need without any escorts at all.

Mr. Speaker, I understand that every patient has different medical circumstances and that our health department must address each situation accordingly. However, my biggest concern with medical travel is that, when some patients require translators, that option does not seem to be made readily available all the time.

Situations like these should not be occurring anymore in this day in age, where patients are faced with language barriers upon receiving healthcare in the Northwest Territories. After all, we are a territory that recognizes 11 official languages. Therefore, it is imperative that all of our government services, not only healthcare, be made available in each of our official languages when they are needed.

I would like to have assurance that all of our citizens across the Northwest Territories, regardless of their identity, language, or where they live, are well-informed of their medical situations and the options of care that are available to them, especially when it comes to medications and when surgery is involved.

Mr. Speaker, we as a government need to ensure that our healthcare system is looking after the needs of both Indigenous and non-Indigenous peoples equally. Thank you, Mr. Speaker.

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Health Care in Nunakput

Members' Statements

Page 6195

The Speaker

Jackson Lafferty

Masi. Members' statements. Member for Kam Lake .

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Health Care in Nunakput

Members' Statements

Page 6195

Kieron Testart

Kam Lake

Thank you, Mr. Speaker. I seek unanimous consent to move to item 6, recognition of visitors in the gallery, on the orders of the day. Thank you, Mr. Speaker.

---Unanimous consent granted

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Health Care in Nunakput

Members' Statements

Page 6195

The Speaker

Jackson Lafferty

Member for Kam Lake .

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Recognition Of Visitors In The Gallery

Recognition Of Visitors In The Gallery

Page 6195

Kieron Testart

Kam Lake

Thank you, Mr. Speaker. I would to recognize some Kam Lake constituents today, Mr. Leo Konge, Kelso Neils Konge, and Caitlin Cleveland(ph). Thank you very much.

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Recognition Of Visitors In The Gallery

Recognition Of Visitors In The Gallery

Page 6195

The Speaker

Jackson Lafferty

Recognition of visitors in the gallery. Member for Yellowknife South .

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Recognition Of Visitors In The Gallery

Recognition Of Visitors In The Gallery

Page 6195

Bob McLeod

Yellowknife South

Thank you, Mr. Speaker. I would like to recognize a resident of Yellowknife South, Gaeleen MacPherson. Gaeleen just announced that she will be a candidate in the Yellowknife South riding. I wish her every success, Mr. Speaker.

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Recognition Of Visitors In The Gallery

Recognition Of Visitors In The Gallery

Page 6195

The Speaker

Jackson Lafferty

Masi. Member for Yellowknife North .

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Recognition Of Visitors In The Gallery

Recognition Of Visitors In The Gallery

Page 6195

Cory Vanthuyne

Yellowknife North

Thank you, Mr. Speaker. I would like to take this opportunity to recognize former Member and former Minister and resident of Yellowknife North and understood to be a candidate in the upcoming election, Dave Ramsay. Thank you for being here, and welcome.

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Recognition Of Visitors In The Gallery

Recognition Of Visitors In The Gallery

Page 6195

The Speaker

Jackson Lafferty

Masi. Recognition of visitors in the gallery. Member for Mackenzie Delta .

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Recognition Of Visitors In The Gallery

Recognition Of Visitors In The Gallery

Page 6195

Frederick Blake Jr.

Mackenzie Delta

Thank you, Mr. Speaker. I would like to recognize a couple of friends in the gallery, Dr. Danny Gaudet (ph) and also former Member and Minister Dave Ramsay and also Ms. MacPherson. Thank you, Mr. Speaker.

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Recognition Of Visitors In The Gallery

Recognition Of Visitors In The Gallery

Page 6195

The Speaker

Jackson Lafferty

Masi. Recognition of visitors in the gallery. Item 4, reports of special and standing committees. Member for Nahendeh .

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Committee Report 34-18(3): Report on the Review of Bill 45: Corrections Act

Reports Of Special And Standing Committees

Page 6195

Shane Thompson

Nahendeh

Thank you, Mr. Speaker. Your Standing Committee on Social Development is pleased to provide its report on the review of Bill 45, Corrections Act. Thank you, Mr. Speaker.

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Committee Report 34-18(3): Report on the Review of Bill 45: Corrections Act

Reports Of Special And Standing Committees

Page 6196

The Speaker

Jackson Lafferty

Masi. Reports of standing and special committees. Member for Yellowknife North .

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Committee Report 34-18(3): Report on the Review of Bill 45: Corrections Act

Reports Of Special And Standing Committees

Page 6196

Cory Vanthuyne

Yellowknife North

Thank you, Mr. Speaker. Your Standing Committee on Economic Development and Environment is pleased to provide its report on Bill 34, Mineral Resources Act. Mr. Speaker, I move, seconded by the honourable Member for Hay River North , that Committee Report 33-18(3) be deemed read and printed in Hansard in its entirety. Thank you, Mr. Speaker.

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Committee Report 34-18(3): Report on the Review of Bill 45: Corrections Act

Reports Of Special And Standing Committees

Page 6196

The Speaker

Jackson Lafferty

Masi. The motion is in order. The motion is non-debatable. All those in favour? All those opposed? The motion is carried.

---Carried

Committee Report 33-18(3) is now deemed read and printed in Hansard in its entirety.

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Committee Report 33-18(3): Report on Bill 34: Mineral Resources Act

Reports Of Special And Standing Committees

Page 6196

The Speaker

Jackson Lafferty

Introduction

Bill 34 : Mineral Resources Act (MRA) is stand-alone legislation to govern mineral rights administration in the Northwest Territories. The bill proposes to manage mineral interests in the Northwest Territories (NWT) within the existing co-management of land, water, and resources. The existing legislative framework includes the Northwest Territories Lands Act, which governs surface use; the Mackenzie Valley Resource Management Act (MVRMA), which manages environmental and socio-economic impacts; and the Mine Health and Safety Act (MHSA), which sets occupational health and safety standards.

Bill 34 proposes that the modern comprehensive land rights agreements existing in the NWT take precedence over the MRA where applicable, and the regulatory framework for the Inuvialuit Settlement Region will not be impacted.

Committee commends the department for taking this first step towards the creation of modern legislation and improvement of transparency of mineral resource exploration, development and production in the Northwest Territories. Mineral resources are currently administered by the Mining Regulations under the authority of the Northwest Territories Lands Act. The Government of the Northwest Territories inherited the Mining Regulations from the federal government with Devolution in 2014.

Bill 34 received second reading and was referred to the committee on February 22, 2019. Public hearings were conducted during May and June 2019, and the clause-by-clause review was held on August 15, 2019. During the review, the committee passed 40 amendments to address concerns identified by Indigenous governments, stakeholders and committee.

The work of the standing committee to amend Bill 34 is set out in this report, provides rationale for the motions brought forward by committee and recommends several courses of action. Motions are listed in order of their appearance in the bill in Appendix 2, and are referred to in this report by the number assigned.

The responsiveness shown by departmental staff has impressed committee members and the committee thanks the department for the level of cooperation shown during the review process of Bill 34 .

Co-Development of Legislation

The department of Industry, Tourism and Investment employed a co-development process in the creation of Bill 34 . This process aligns with the legal requirements of the Devolution Agreement, the Intergovernmental Agreement and constitutionally protected rights of land claims, and accords with the requirements of

section 35 of the Constitution Act (1982).

Submissions received from Indigenous governments and organizations stressed the importance of using a co-development approach, and requested that this process be respected and supported.

Committee is very supportive of the co-development process that is being created post-devolution. As committee learned during the public hearings and through written submissions, the department created Technical Advisory Panels which acted like working groups on specific topics, allowing Indigenous organizations as well as the department to have those with the best expertise participate.

It is the committee's understanding that the department has committed to take the same approach and work with Technical Advisory Panels to co-develop regulations enabled by Bill 34 . The committee understands that this process can be time-consuming, resource-intensive, and potentially frustrating for all parties involved. Patience and negotiation skills are required from all participants. Paramountcy of self-government and lands rights agreements is understood and accepted.

Public Consultation

The committee held public hearings in Inuvik, Norman Wells, and Yellowknife. Scheduled hearings for Fort Simpson and Behchoko were cancelled on request of these communities. The Tlicho Government made arrangements for a separate appearance before committee in Yellowknife. Numerous representatives of Indigenous governments, non-governmental organizations, and individuals made public presentations to the committee, either in person or via written submission. Written submissions are attached as Appendix 3.

Committee received written submissions from Indigenous governments and stakeholders, including:

Alternatives North, Ecology North, Canadian Parks and Wilderness Society NWT Chapter, joint submission

Council of Canadians

Dehcho First Nations

De Beers Canada Inc.

The Information and Privacy Commissioner of the Northwest Territories

Katlodeche First Nation

Nickerson, Dave

North Slave Metis Alliance

NWT Metis Nation

NWT Association of Communities

NWT Chamber of Commerce

NWT and Nunavut Chamber of Mines

Pocklington, Mark

Sahtu Secretariat Incorporated

Slack, Todd

Tlicho Government

Vail, Nancy

The standing committee heard from many reviewers that Bill 34 successfully implements the shared goal of the creating a legislative framework that encourages positive relationships between regulators, developers, the Government of the Northwest Territories, and Indigenous governments by fostering early engagement and a greater commitment to transparency and accountability. Indigenous governments and organizations expressed broad support for the bill while emphasizing that the collaborative process of co-developing this bill serves to reinforce inter-governmental relationships and "sets a national example for how reconciliation can be achieved".

Committee also heard that Bill 34 requires further work to improve its transparency and accountability fully modernize the mineral tenure system, and maximize benefits for the Northwest Territories.

Most parties were supportive of the bill overall, however, had difficulties comprehending several sections, where details are left to regulations. Since the regulations have not been drafted yet, and supporting policy documents are not available, this absence in reference was noted to have created great uncertainty for everyone.

Committee thanks every individual and organization who attended these meetings to share their views on Bill 34 .

The committee appreciates the plain language materials supplied by the Minister's office for the public hearings.

What We Heard

This part of the report is organized around the key themes or subject areas raised during the committee's public hearings and in the written submissions received.

Purpose Statement

Committee heard from some reviewers that Bill 34 should include a

preamble. Bill 34 includes a purpose statement which identifies the bill's goals and principles. Committee discussed both tools as they can be of value to legislation by assisting to describe the intent of the legislation and help with judicial

interpretation.

Preambles and purpose statements differ, in that a

preamble to bill does not form part of the bill, and therefore is not a legislative requirement once a bill is passed. A purpose statement, on the other hand, forms part of the bill and is likely to be more practical in its application, than a

preamble, which tends to be aspirational in nature. In the case of Bill 34 , a purpose statement is already present.

Transparency and Public Registry

Transparency is a broadly accepted feature of good governance that is intended to work in balance with privacy such as proprietary and competitive information, and security. The GNWT's Open Government Policy commits government to make government data, information and decision-making accessible in a way that is responsive to the needs and expectations of NWT residents; and "access to government data, information and dialogue should be timely, simple, and available across multiple platforms."

Currently, the Mining Recorder's Office, as the administrator of mineral tenure in the Northwest Territories, maintains a registry. The registry links to a map application and visually presents the areas where individuals or companies have mineral interests in the territories. This Mineral Tenure Map Viewer is accessible online.

Committee heard concerns from the public that there needs to be clarity on the type and scope of information that will be made public. Many asked in their submissions to improve the transparency of government decisions by setting out where the notices should be published, considering that the Gazette cannot be considered widely used. While the views of what should be included on a public registry did differ, there was broad consensus that making the registry, or portions of it public would contribute to more clarity.

Committee believes the creation of a public registry component is the best and simplest way to ensure information is accessible, available, and can be achieved without extra cost or workload. Motions 2, 3, 4, 5, and 39 are concerned with the creation of the public registry component and require making a substantial amount of information publicly accessible, and that the information should be made available by posting it on a website or through another online electronic publication that is available in the Northwest Territories.

Committee holds the view that clarity is important to achieve balance between confidentiality and disclosure of information. In consideration of the Access To Information and Protection of Privacy Act, committee moved motion 45 to bring forward protection for proprietary information, agreements with governments and traditional knowledge in the public component of the registry, and allows for the protection of such information for more than 15 years. The Minister may direct that information falling into these categories not be disclosed.

Building in these protections for limited categories of information, in the discretion of the Minister, was felt necessary because of the proactive requirement to disclose a broad range of information.

Annual Report Requirement

A commitment to improve accountability and transparency is one of the key priorities of the 18 th Legislative Assembly. Public information is expected to be clear, concise, and easily understood. Committee agreed with comments received that making information available will increase public confidence in the regulatory process.

Having the information, year over year, compiled in one place, proves of interest and value in the context of accountable and transparent governance. The value of an annual report is the ability to have flexibility around how information is presented so as to allow the reader to put it clearly in context.

Currently, the Mining Recorder does not prepare an annual report and is not being required to do so by legislation. The committee is of the view that the requirement for the preparation of an annual report should be set out in legislation. Therefore, committee moved motion 44 to create a new subsection in Bill 34 . The amendment requires the Minister to report on a number of prescribed activities such as all licences issued for each instrument and notices given, and to table this report before the Legislative Assembly. The motion was concurred with by the Minster and Bill 34 will be amended accordingly.

A private member motion proposed that the annual report, in addition to the elements proposed in the committee motion, contain information on inspections, investigations, and seizures. The Minister concurred with the motion. A similar amendment to the same reporting effect had been made and was accepted under to Bill 46 : Public Land Act.

Prospecting Training Requirements

The Prospector's Licence is required under the Mining Regulations to prospect and to attain any type of mineral instrument in the Northwest Territories. Bill 34 proposes the ability for the Minister to require that individuals take awareness courses and other training before a Prospector's Licence is issued. The purpose is to offer awareness and refresher training to ensure prospectors and exploration proponents are informed before activities are commenced.

Committee commends the department for this step in the modernization of the rules for exploration in the Northwest Territories. Committee understands that the details for such a training program for Prospector Licence applicants are proposed to be set out in regulations.

Committee was advised that the content will focus on awareness of context to the Northwest Territories, and that the department intends to determine the final curriculum and timing in collaboration with Intergovernmental Council Secretariat, Indigenous governments and organizations, industry representatives and other stakeholders where necessary.

Committee heard from some that they wish to be involved in the curriculum development for the new training. Committee believes it is important to ensure partners with subject matter expertise are engaged in the design of the curriculum development and makes the following recommendation:

Recommendation 1

The Standing Committee on Economic Development and Environment recommends that the Government of the Northwest Territories develop the curriculum for Prospector Training, working with Aurora College, the Mine Training Society, and in consultation with industry experts who can offer expertise in the applied content subject matter.

Designation of a Restricted Area

Under clause 22 of Bill 34 , the Minister has the authority to designate lands to be temporarily removed from issuance of mineral interests for up to one year, with a further one year extension. The restriction prohibits acquisition of subsurface interests and does not prevent surface access. The Minister is able to designate lands as restricted where such lands are applied for on the grounds of unique cultural, geological or ecological significance, and where the Minister considers that the designation is required urgently and for a temporary period.

Committee received several submissions from Indigenous governments and organizations who welcomed this ability to designate restricted areas as a useful tool to protect Indigenous and Aboriginal and treaty rights from infringement in the short term. In the long term, this mechanism was seen as a tool that can help avoid conflicts that could impact on exploration or mining projects.

Committee identified an issue determining a gap in the process and suggested that during the time before a final decision is made, additional rules are applied. The designation of an area as restricted is intended to allow removal of an area temporarily based on proposal. The time between the proposal and the Minister's decision leaves a gap before protection as a designated restricted area is in place. A similar gap in protection had already been identified and included in Bill 38 : Protected Areas Act.

Considering that this gap should be closed, committee suggested addition of a sub-clause that would ensure interim protection while the decision to designate an area as restricted is pending, and that the Minister's decision be final, and therefore proposed motion 13.

One submission expressed the desire that the Minister should publish the full text of any written decision made on the designation of an area as restricted. While committee agreed that the public should be informed of the Minister making such a decision, we determined that there is need for protection of confidential or sensitive information. Therefore, committee proposed that the designation of an area require that the Minister provide written reasons for his or her decisions, and moved motion 14. Minister Schuman concurred with motions 13 and 14 and Bill 34 will be amended accordingly.

Committee agrees that providing the Minister with discretion to restrict the disposal of interests in minerals in specific areas will provide a flexible and responsive mechanism to address conflicts that might otherwise arise over important geological and ecological sites or cultural areas and artefacts. However, committee finds that municipalities should be given a similar consideration in the application of this tool.

Consideration of Municipalities

Bill 34 provides that Indigenous governments and organizations are to be provided with notice of staking or mineral leases within or adjacent to their boundaries. Committee contemplated a provision to give similar notice to local governments and municipal corporations. Research provided to committee identified that two jurisdictions in Canada have moved, or are in preparation to move toward, notification of municipalities when resource development is proposed.

Committee holds the view that municipal boundaries need to be respected and that community government should be given the same tools to be informed. Committee discussed that notice to municipalities should also be included in the

section on regulation making with respect to the requirement for public notice and notice to Indigenous governments and organizations.

Clauses 24, 28, 41 and 42 could also require giving notice to municipalities. In the past, claim staking within municipal boundaries has been an issue when minerals were staked under an active gravel pit in Inuvik. In Resolution RA-19-11-02, the NWT Association of Communities requested of the GNWT that mineral staking be not allowed without approval of the municipality. Committee was informed that the department believes this to be an access issue that would not fall under Bill 34 . The department suggested that if one were to see the issue as quarry rights versus mineral rights, then the issue is with the Quarry Regulations and not a municipal issue.

Committee believes that municipal governments should be recognized as a legitimate order of government and entitled to notice, to avoid land use conflicts. Committee subsequently proposed amendments to this effect in several sections of Bill 34 . In motion 22, we asked the Minister to give early notice of application to record a mineral claim to municipalities and the public. In motion 24 we asked to include municipalities in receiving notification on intended work. The Minister did not concur.

Committee proposed motion 12, to provide municipalities with a tool to request protection for areas of municipal significance such as important infrastructure. Committee heard from the department that notice giving to municipalities for reasons to protect municipal infrastructure would not be consistent with the intent of the tool of designated areas and not in scope with Bill 34 . The Minister did not concur and Bill 34 was not amended to include this requirement.

Committee urges the government to investigate and identify how to prevent this type of land use conflict on municipal lands, and makes the following recommendation:

Recommendation 2

The Standing Committee on Economic Development and Environment recommends that the Government of the Northwest Territories work with the NWT Association for Communities and municipal governments in the Northwest Territories to develop solutions to resolve the challenges of rights issuance that overlaps municipal boundaries, in order to better protect municipal infrastructure and ensure public interest is protected. Efforts should also be directed at protection of lands and waters where critical municipal infrastructure is located or planned.

Zones

Under Bill 34 , the Minister will be able to create zones that can allow for distinct processes, incentives, or the implementation of other tools on a local and regional level to encourage mineral exploration and development, at the request of Indigenous governments or on the Minister's own initiative. Zones may establish additional terms for a specific area beyond the exclusive right to prospect. These terms will be determined through discussion between Indigenous governments and organizations and the department.

Several questions were raised about the use of the term "favourable" and others wanted to see more clarity on what activities are to be expected to be allowed in the zones. Others were concerned about how the Minister plans to make the establishment of zones known, and other submissions saw zones as an incentive for investment. Committee also heard concerns about zones represent a mixing of the objectives to regulate and promote mining at the same time.

The department informed committee that a zone may be defined by a sponsoring Indigenous government or organizations and is used to draw special attention and encouragement for interested prospectors and exploration companies to explore a specific area. The specific attributes to zones will be determined by regulation. Zones which under the current system are created through prospecting permits, are intended to modernize the system by replacing the existing prospecting permit and allowing for greater flexibility in terms of setting "favourable" terms.

Committee determined that Bill 34 is unclear about the design and application of the concept of zones, and sought additional information from the department. The department confirmed that the purpose of zones is to attract investment in exploration by identifying desired geographic areas, and that it is important to note that zones cannot change the environmental protection and regulatory requirements that would apply under other legislation.

The committee appreciates the discussions held with ITI staff to attempt to find a reasonable compromise on bounds to the Minister's discretion in setting zones.

Committee heard concern expressed in some submissions about the degree of power and discretion the Minister has under the applicable sections of the bill, and a desire for assurances that there be quality control in the process.

Committee identified that the concept of a zone in Bill 34 has been left very broad and would benefit from application of baseline criteria for the purpose of quality control and increased clarity. Committee proposed the following criteria that provide more clarity on the concept of zones:

Have the establishment of zones decided by the Commissioner in Executive Council, where all the interests of various Ministries can be considered, rather than the Minister developing the regulations herself/himself;

Prohibit use of royalties as an incentive;

Make zones for a time-limited period (Committee suggested 15 years based on that time-limit established for Significant Discovery Licences under Bill 36 : Petroleum Resources Act);

Require the Minister to provide written reasons when establishing a zone;

Ensure that information provided in confidence remains confidential;

Has rules for an option for renewal;

Permits the interesting party the choice under which regulations to apply for mineral instruments; and

Provides an opportunity for the public to comment on draft regulations.

Committee developed and moved motions 19, 20, and 21 to affect this change and incorporate them into the bill. Committee moved motion 41 to give decision making powers over creating regulations on the establishment of zones to Cabinet, thereby increasing the accountability and transparency of the process. Minister Schumann concurred with these four motions. The Minister did not concur with a motion that would incorporate amendments to require public notice and an opportunity for public comment.

Mineral Rights Review Board

Bill 34 had proposed to create a Mining Rights Panel as part of the bill's dispute resolution mechanisms, together with the Supervising Mining Recorder and the process proposed under

Part 5. Its purpose is to replace

section 84 of the Mining Regulations and does not intend to deal with disputes that fall under enforcement or decisions on actions under the Minister's discretion.

Committee received concerns on the number and qualifications of panel members, the length of term, and the decision-making process. Committee heard that the panel members should have additional expertise of areas such as experience in co-management systems and Indigenous government rights. After discussion, committee agreed that these areas of expertise would be expected from panel members as they are core knowledge of governance in the Northwest Territories.

Committee had serious concern with the proposal of the panel being comprised of at least three individuals with one person hearing the mining dispute. Given the possible significance of mining disputes, committee finds that dispute resolution should be fair and accountable, and should not rely on one person only.

Detailed discussions with committee led the department to reconsider the approach to the panel and several changes were proposed. The name of the dispute resolution body was changed to Mineral Rights Review Board, with members holding office for a term of up to three years, with possible reappointments for two terms, a chairperson who is not a member of the board, to be designated for no more than three consecutive years. Committee moved motions 5, 6, 7, 8, 9, and 10 to include this amendment into the bill.

Motion 8 was moved with the intent to strike the right balance in appointment and length of term in consideration of the possible capacity issues and challenges to find board members. Motion 9, similarly, has the purpose is to avoid stagnation of board membership.

Committee moved motion 11 with the intent to require that the board prepare and table an annual report. Minister Schumann concurred with these six amendments.

Royalties

Committee received several submissions on

Part 6 of Bill 34 . Some expressed that they support the creation of royalties with the rates applied through regulations as in the current system. Others commented that there is no requirement for public process and urge that all partners be included in discussions over future regulations and review of royalties. One submission recommended focusing on corporate income tax and increasing the transparency on the gross revenues generated by each mine.

Committee was informed by the department on plans for a fiscal review of mining. The department is expecting to complete phase one of a comprehensive review of the Northwest Territories mining fiscal regime during fall of 2019. The second phase will include an analysis of NWT specific taxes to see how these impact the competitive position of the NWT in respect to other jurisdictions.

Committee commends the department for its effort to commence a review of the existing royalty system. Committee supports a review of the royalties system carried out by an independent body that is external to government, and therefore, makes the following recommendation.

Recommendation 3

The Standing Committee on Economic Development and Environment recommends that the Government of the Northwest Territories appoint an independent panel to undertake a review of the system for charging royalties to mining, petroleum and natural gas companies operating in the Northwest Territories. This review should include a comparison of the NWT's system with that used in other jurisdictions and should make recommendations on system improvement, while providing opportunities for public input

In order to provide clarity and transparency on reporting revenues from mineral extraction, committee suggests that the department consider using best practices models for reporting, and consider, for example the international "Extractive Industries Transparency Initiative," or the Canadian "Towards Sustainable Mining" commitment of the Mining Association of Canada and its principles. Both initiatives require that member companies agree to and comply with principles and protocols concerning reporting, publication and verification of company payments and government revenues.

Recommendation 4

The Standing Committee on Economic Development and Environment recommends that the Government of the Northwest Territories assess, develop and adopt a set of principles, tools and indicators to drive performance and ensure greater transparency and accountability, such as those contained in the Extractive Industries Transparency Initiative (EITI), or the 'Towards Sustainable Mining' (TSM) commitment of the Mining Association of Canada.

Statistical Returns

Bill 34 creates the legislative requirement for mine operators to annually file a statistical report with the Government of the Northwest Territories. Statistical returns are generally based on surveys used by government to collect data for the purpose of strategic planning. Types of information generally include reporting on production and sales, and type of mineral produced. Committee strongly believes that such detailed reporting helps improve economic forecasting and grow understanding of the NWT's geology and economy. The Mining Regulations currently provide detailed royalty reporting requirements for mines and not statistical returns.

Committee further discussed the use of discretion in the disclosure of information contained in a statistical return, and questioned the rationale for the timing of disclosure at 15 years after filing of the report. The department had concerns that the potential content of statistical returns may contain commercially sensitive information and therefore intends to avoid mandatory disclosure of information in the required statistical returns.

Committee holds the view that improved clarity and balance between confidentiality and disclosure of information can be achieved by allowing disclosure of a statistical return after 15 years or sooner, if the lease holders agree, and not allowing disclosure if the information could reasonably be expected to prejudice the commercial interest of the operator. Committee moved motion 27 to this effect and to amend the bill accordingly.

Regulation-Making

Bill 34 provides the Minister the authority to make regulations such as defining words, when to give notices, and many actions addressed in this legislation. Committee heard that government should develop regulations in collaboration and allow public review of proposed regulations.

Committee wanted to require that Indigenous governments and organizations are engaged in regulation-making and proposed motion 42 to this effect, but the Minister did not concur and the bill was not amended to include this requirement.

Committee moved motion 43, asking that Cabinet publish proposed regulations in the Northwest Territories Gazette, allow that presentations be made to the Minister and require that the proposed regulations be published once. The Minister did not concur with the motion committee had prepared and therefore Bill 34 was not amended to include this requirement.

Committee is of the view that government should be open and transparent in developing regulations and take into consideration that seeking public input on proposed regulations has evolved as a common practice in Canada.

Recommendation 5

The Standing Committee on Economic Development and Environment recommends that the Government of the Northwest Territories develop an implementation plan for the Mineral Resources Act that identifies short and longer-term objectives, such as the development of regulations, and which identifies how key stakeholders will be engaged. The standing committee further recommends that the GNWT return to the appropriate standing committee in the 19 th Legislative Assembly with a copy of the draft implementation plan for committee input.

Drill Core

The collection and analysis of drill core obtained from mining exploration programs are the principal components of core storage programs in Canada. Core preservation is costly but allows for future study and saves duplication of expenditures. Bill 34 makes it an offence to tamper with, transport, dispose of or damage drill core, cutting or sample.

Committee heard that it is important that the Government of the Northwest Territories be able to protect drill core. Committee members are of the view that drill core should not be abandoned and left on unused or terminated exploration sites, and moved motion 25 to this effect.

Committee identified that there exists a gap in the regulations in regards to the requirement of removing drill core. Currently, none of the regulations under the Mackenzie Valley Resource Management Act or under Government of the Northwest Territories legislation (e.g. Waters Act, Environmental Protection Act, or Northwest Territories Land Act) or regulations appear to contain requirements to remove drill core after exploration. Committee therefore makes the following recommendation:

Recommendation 6

The Standing Committee on Economic Development and Environment recommends that the previously noted implementation plan identify how the regulatory gap related to the matter of removing drill core be resolved.

Bill 34 further provides the Minister with the discretion to determine that drill core is abandoned and to take possession of the core samples. Drill core provides a source for contribution to the geoscience knowledge of a region and to geological knowledge in general. It is in the public interest to retain this information to help build our geological knowledge base. The Northwest Territories Geological Survey Geological Materials Storage Warehouse and viewing facility allows clients to access and study GNWT's core and rock collections.

Committee holds the view that government, once it has possession of drill core, make the core accessible to the public. Therefore, committee moved motion 26 to amend Bill 34 . The Minister concurred with both amendments concerning drill core.

Offences and Punishment

Bill 34 sets out a

section on offences and punishment, in which failure to comply with the act or regulations is made an offence punishable on

summary conviction. Unless otherwise provided, a corporation is liable to a fine not over $1 million; for any other person the maximum fine is $100,000. Committee heard that imprisonment should be included, given some of the serious matters regulated by Bill 34 . It was pointed out that other Northwest Territories' legislation with similar offences sections, include imprisonment as punishment.

Committee moved motion 36 to add imprisonment to ensure consistency with the prevailing approach to enforcement and deterrence and the Minister concurred.

Departmental Employees

Departmental employees are prohibited to hold interests in minerals in respect of lands under the control of the Commissioner if they are for exploration or mining purposes. Bill 34 contemplates the ability of a deputy minister to waive this prohibition.

Committee had serious concerns of how the government would maintain the public's confidence in the integrity of the system, when departmental employees could hold mineral interests in lands while at the same time being involved in the administration of those mineral interests. Committee held discussions with the department on how

section 23 would prevent the potential use or trade of insider knowledge by employees or family members of employees.

Committee agreed with the department that the prohibition exists under the Public Service Act, and the GNWT employee Code of Conduct to use or benefit from insider knowledge. However, committee is of the view that to better protect employees and provide guidance on how employees should conduct themselves, a general prohibition in the statute should be inserted. Therefore, committee moved motion 15, including those who hold interests to the existing prohibition, and motion 16, inserting an express prohibition on sharing insider knowledge for personal benefit or the benefit of another person. In total, committee moved four motions to amend clause 23 and the Minister concurred.

"Bad Actor"

Committee heard representations from the public to include in Bill 34 what has become known as the concept of "Bad Actor" provisions. "Bad Actor" provisions proposed to committee exist in Montana (USA) since 1989. The Montana provisions prevent those with serious infractions or who owe money to the State from applying for further mining authorizations.

The goal is to have a measure that will help protect the Government of the Northwest Territories and taxpayers from rule-breakers that have taken advantage of the system before. A "Bad Actor" clause in resource legislation would send the signal that the NWT is serious about protecting its properties and identifies "bad" conduct, especially in light of a number of serious public liabilities, most notably, Giant Mine.

Clause 106 provides the Minister with the authority to suspend, cancel and prohibit authorizations, and prohibit new authorizations. The intent is to capture applications by corporations who have officers or directors who (

a) have previously been convicted of an offence under this act or regulations, or (

b) have been previously associated with a company as a director or officer which company has been convicted of an offence under this act or regulations.

Committee specifically clarified the provision under (

b) so that a company that employs an individual as officer or director, who has committed an offence while employed at another corporation, may be rejected issuance of authorization. Committee passed motion 38 to clarify this provision and the Minister concurred.

Requirements Relating to Benefits (Part 5)

During the public hearings, committee noted some level of confusion between agreements, terminology and purpose of

Part 5 of the bill that relates to benefits. Socio-Economic Agreements, which are agreements between the Government of the Northwest Territories and mineral development companies, and Impact and Benefit Agreements, Partnership Agreements, and the proposed term of benefit agreements. In the submissions received, preferences for one or the other term were mentioned in several cases, most often referring to Impact and benefit agreements.

Committee also heard that the provision of public benefits as set out in clause 51 of the bill is particularly vague, without an actual trigger and any specifics as to what might be expected. One submission suggested tying benefits to commercial production and providing a non-inclusive list of benefits based on the most recent socio-economic agreement for the NICO Fortune Project.

Mineral industry stakeholders proposed that

Part 5 of Bill 34 be removed and Bill 34 be advanced without it. Industry expressed serious concerns about the proposal to legislate benefit agreements, in particular because these are private agreements negotiated between Indigenous parties and mining companies, and without involvement of public government. Industry expressed that

Part 5 could be perceived as government intervention, and that mining companies may fear this may lead to court challenges and discourage investment in projects in the Northwest Territories.

Industry asked to be involved in the further development of

Part 5 to improve it and reduce the uncertainty that it now creates as perceived by the mining sector. Industry further noted that agreements are a common practice for the mineral industries and that they likely will continue without being legislated.

Committee notes the following input received on this matter from mineral industry stakeholders:

De Beers - "The legislation indicates that all lease holders must negotiate these benefit agreements if

a) the Minister considers it appropriate,

b) if a production project for the mineral lease meets the prescribed threshold and

c) when also in accordance with the regulations. The circumstances under which the Minster would consider it appropriate are not defined. The prescribed threshold and the regulations are also not yet defined. These aspects matter hugely but without understanding the limits of each, it is difficult to support the enabling legislation."

NWT & Nunavut Chamber of Mines - "Send

Part 5 back for further study and more comprehensive discussion with industry and investors to reduce its risks, and to consider other approaches to provide benefits to people and communities. Pre-eminent among these innovations is our recommendation to share other mineral industry revenues with Indigenous governments on whose land exploration and mining occur."

Committee received considerable comments from Indigenous governments and organizations, commenting that Bill 34 is an important step forward from the existing Mining Regulations. Submissions from several Indigenous governments and organizations made it very clear that they are in support of Bill 34 in the way it has been referred to the standing committee.

Committee also heard that clause 52 of Bill 34 is the most critical component of the bill from an Indigenous government perspective. The requirement for a benefits agreement between a developer and Indigenous governments, although common in today's age, are not required in legislation anywhere in Canada.

Committee notes the following input received on clause 52:

K'atlodeeche First Nation - "To be clear, KFN believes that

Part 5 is a fundamental component of the overall integrity of Bill 34 and should not be amended or delayed from moving forward."

Dehcho First Nation - "We also strongly support the requirement for benefit agreements to be concluded with affected Indigenous governments before a mine can go into commercial production."

NWT Metis Nation - "We are very concerned that the conditions for the requirement of an IBA are punted to regulations. Ideally, the MRA would contain more prescriptive language for the process on substance of IBA requirement."

North Slave Metis Alliance - "NSMA is supportive of the concept of the legislated requirement that a holder of a mineral lease enter into benefit agreements with Indigenous governments and organizations."

Sahtu Secretariat Incorporated - "The SSI supports the provisions of Bill 34 , in particular, the SSI confirms its support for specific provisions of Bill 34 that address issues that it raised, including: [...]

b) the requirement for a mineral lease holder to enter into a benefit agreement with the affected Indigenous group or organization; [...]"

Tlicho Government - Tlicho Government has no specific comment on the Mineral Resources Act that require the attention of SCEDE as it reviews this draft legislation. Tlicho Government does emphasize, however, that many of the key aspect of this legislation, including the operationalization of benefits agreements and issues around access to land and notification of staking, will be further developed in the yet-to-be-drafted regulations. These are critical pieces of the legislative framework and, as such, Tlicho Government emphasizes its point above that the inclusion of provisions in the legislation that require IGO engagement around the development of regulations under the act is imperative."

Committee members found

Part 5 very vague. Being provided with limited clarity, committee considered it difficult to understand and debate what each

section is intending to achieve. Some motions were moved by a member of the committee to attempt to clarify expectations in relation to triggers and benefits. These motions were carried by committee; the Minister did not concur.

Clause-by-Clause Review of Bill 34

The clause-by-clause review of the bill had been scheduled for August 13, 2019, however, was postponed on short notice and on request by committee. Due to the large number of bills under review at the end of this Assembly, and the Committee Room already being reserved for review of another bill, this short-term change resulted in a change of location for this review.

On August 15, 2019, the clause-by-clause review of Bill 34 was held in the Great Hall of the Legislative Assembly, from 7:00 p.m. to 11:30 p.m.

At this meeting, the committee moved 46 separate motions to amend Bill 34 . These motions are set out in Appendix 1.

Minister Schumann concurred with 40 of the committee's motions. The Minister also concurred with a private Member's motion that proposed, in complement to committee's motion 44, to add detail to the annual reporting requirement.

The committee thanks the Honourable Wally Schumann , Minister of Industry, Tourism and Investment, and members of his staff, for their appearance before the committee.

Conclusion

The committee commends the Minister for his willingness to work with committee to further amend Bill 34 in response to public interest and working collaboratively with committee on the amendments.

The committee thanks all those who took the time to appear before committee to share their thoughts on this legislation.

Following the clause-by-clause review, motions were carried to report Bill 34 : Mineral Resources Act, as amended and reprinted, as ready for consideration in Committee of the Whole.

Rule 100(5) of the Rules of the Legislative Assembly of the Northwest Territories requires Cabinet, in response to a motion by Committee, to table a comprehensive response that addresses the committee report and any related motions adopted by the House. As required by this rule, committee usually includes a recommendation in each report, which is moved as a motion in the House, requesting a response from government within 120 days. Given that the 18 th Legislative Assembly will dissolve prior to the conclusion of the 120-day time period allowed by the rules, committee has opted to forego this recommendation.

Committee nonetheless requests, to the extent it is possible before the dissolution of the 18 th Assembly and for the public record, that government provide a response to this recommendation, even of a preliminary nature, that committee may publicly disclose.

This concludes the standing committee's review of Bills 34 .

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Committee Report 33-18(3): Report on Bill 34: Mineral Resources Act

Reports Of Special And Standing Committees

Page 6205

The Speaker

Jackson Lafferty

Reports of standing and special committees. Member for Yellowknife North .

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Committee Report 33-18(3): Report on Bill 34: Mineral Resources Act

Reports Of Special And Standing Committees

Page 6205

Cory Vanthuyne

Yellowknife North

Thank you, Mr. Speaker. I move, seconded by the honourable Member for Hay River North , that Committee Report 33-18(3), Standing Committee on Economic Development and Environment Report on Bill 34, Mineral Resources Act , be received by the Assembly and moved into Committee of the Whole for further consideration. Thank you, Mr. Speaker.

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Committee Report 33-18(3): Report on Bill 34: Mineral Resources Act

Reports Of Special And Standing Committees

Page 6205

The Speaker

Jackson Lafferty

Masi. The motion is in order. The motion is non-debatable. All those in favour? All those opposed? The motion is carried.

---Carried

Committee Report 33-18(3) on Bill 34 has now moved to Committee of the Whole for further consideration. Reports of standing and special committees. Member for Yellowknife North .

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Motion that Committee Report 33-18(3) be Moved to Committee of the Whole, Carried

Reports Of Special And Standing Committees

Page 6206

Cory Vanthuyne

Yellowknife North

Thank you, Mr. Speaker. I seek unanimous consent to waive Rule 101(4) and to have Committee Report 33-18(3) moved into Committee of the Whole for consideration later today. Thank you, Mr. Speaker.

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Motion that Committee Report 33-18(3) be Moved to Committee of the Whole, Carried

Reports Of Special And Standing Committees

Page 6206

The Speaker

Jackson Lafferty

Masi. The Member is seeking unanimous consent to waive Rule 100(4) and have the Committee Report 33-18(3) moved into Committee of the Whole for later consideration today. Are there any nays? There are no nays.

---Unanimous consent granted

The Committee Report 33-18(3) is now moved to Committee of the Whole for further consideration later today. Reports of standing and special committees. Member for Nahendeh .

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Committee Report 34-18(3): Standing Committee on Social Development Report on the Review of Bill 45: Corrections Act

Reports Of Special And Standing Committees

Page 6206

Shane Thompson

Nahendeh

Thank you, Mr. Speaker. The other side of this.

Introduction

Bill 45 : Corrections Act, sponsored by the Department of Justice, received second reading in the Legislative Assembly on March 11, 2019, and was referred to the Standing Committee on Social Development (committee) for review, the results of which are reported below.

Bill 45 is intended to repeal and replace the existing Corrections Act. The bill intends to focus less on punishment and more on the rehabilitation and reintegration of offenders into their communities, and to reflect various operational improvements in the Northwest Territories' (NWT) corrections system.

What We Heard and What We Did

Public Review of Bill 45

To assist in our review of Bill 45 , committee invited input from an extensive list of stakeholders, including community governments, and Indigenous organizations, as well as individuals and non-governmental organizations specializing in civil liberties, criminal law, or corrections.

Between May 13 and May 17, 2019, committee traveled to the communities of Fort Smith, Hay River, Fort Providence, Behchoko, Inuvik, and Tuktoyaktuk to hold public hearings on Bill 45 , followed by a public hearing in Yellowknife on May 23, 2019. In addition to these meetings, committee received five written submissions on Bill 45 , copies of which are attached in Appendix B.

General Comments

Upon first review, committee was concerned Bill 45 did not adequately reflect the unique cultural background, historic legacy, and experience of offenders in the NWT and the reforms expected in the current era of Truth and Reconciliation and after 40 years of evolving approaches in the field of corrections.

The bill did not appear as thorough as recent comprehensive reforms elsewhere in Canada, including in Newfoundland and Labrador, Ontario, and most recently Nunavut. These acts, while not yet in force, went much further than Bill 45 in aspiring to provide for the rehabilitation and reintegration of inmates so that they may go on to lead productive lives, inmates and victims may heal, and residents and communities may be safer.

Committee also heard that aspects of Bill 45 , specifically its provisions relating to the confinement of inmates, were not reflective of recent case law. Principles of procedural fairness were also absent from the bill, including a mechanism for inmate complaints. Other submissions advised that international standards relating to incarceration should be incorporated into Bill 45 .

Committee was concerned about not only the content of Bill 45 , as outlined below, but also how the bill was developed. The department of Justice received limited input into Bill 45 , resulting in a bill that was framed from the perspective of the persons operating and administering the corrections system rather than that of persons who are directly impacted by the system, including inmates, victims, and Indigenous peoples. A lack of engagement by members of the public and Indigenous and other organizations does not equal a lack of concern, committee believes, and this was reflected in the submissions committee received.

In addition, with substantive details missing from Bill 45 , the structure of the bill was a concern for committee, as well as experts. While the department planned to address these details in regulations and policies, matters such as separate confinement, the use of force and discipline, or corrective measures are not merely operational or practical details. Instead, they relate to essential rights and responsibilities that should be subject to the full legislative process, including public debate, consultation, and accountability for elected officials.

On bringing our concerns to the Minister of Justice , departmental and committee officials commenced a collaborative effort to develop several substantive amendments, including reducing the bill's reliance on regulations, policies, and procedures and capturing substantive rights and responsibilities in the bill. We can say with confidence that our combined efforts have resulted in a vastly improved bill, one that looks much less like a framework for operations and much more like a modern framework for legal obligations and protections reflective of the NWT.

At this time, Mr. Speaker, I'd like to turn the report over to the honourable Member for Deh Cho .

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Committee Report 34-18(3): Standing Committee on Social Development Report on the Review of Bill 45: Corrections Act

Reports Of Special And Standing Committees

Page 6207

The Speaker

Jackson Lafferty

Masi. Member for Deh Cho .

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Committee Report 34-18(3): Standing Committee on Social Development Report on the Review of Bill 45: Corrections Act

Reports Of Special And Standing Committees

Page 6207

Michael Nadli

Deh Cho

Mahsi, Mr. Speaker.

Purpose and Principles

On reviewing Bill 45 , it was not clear to committee what the bill was trying to achieve. In collaboration with the Minister, committee developed Motion 3 in Appendix A to articulate clear aspirations for the NWT correctional system and to establish principles for guiding the Correctional Service.

Community Advisory Boards

Sections 4 and 5 of Bill 45 authorized the Director of Corrections to establish community advisory boards and appoint members (CAB). Among other things, CABs are meant to provide observations and advice on the day-to-day operations of correctional centres and liaise between facilities and the public to facilit