Employment Standards Act, Legislative Assembly and Executive Council Act — 5 June 2019 (18th Assembly, 3rd Session, pp. 5791–5838)

2019-06-05, 18th Assembly 3rd Session, pp. 5791–5838

Northwest Territories — Debates (Hansard)

Employment Standards Act, Legislative Assembly and Executive Council Act — 5 June 2019 (18th Assembly, 3rd Session, pp. 5791–5838)

2019-06-05, 18th Assembly 3rd Session, pp. 5791–5838

Northwest Territories — Debates (Hansard)

Debates of June 5th, 2019

This is page numbers 5791 - 5838 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

Members Present

Prayer

Recognition Of Visitors In The Gallery

Eileen Erasmus - NWT Education Hall of Fame Inductee

Claudia Parker - NWT Education Hall of Fame Inductee

Steve Nicoll - NWT Education Hall of Fame Inductee

Gayle Strikes With A Gun - NWT Education Hall of Fame Inductee

Consideration In Committee Of The Whole Of Bills And Other Matters

Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Technical Working Groups for Development of Legislation

Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Collaboration with Management Boards on Protected Areas Reporting

Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Coordination of Reports

Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Convening Regular Meetings with Stakeholders

Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations

Bill 38: Protected Areas Act - Motion to Amend s. 10(2)

Recorded Vote

Bill 38: Protected Areas Act - Motion to Amend s. 10(6)

Recorded Vote

Bill 38: Protected Areas Act - Motion to Amend s. 98

Recorded Vote

Bill 38: Protected Areas Act - Motion No. 2 to Amend s. 98

Recorded Vote

Report Of Committee Of The Whole

Celebrating Inuvialuit Day

Update on Energy Initiatives

2019 Northwest Territories Track and Field Championships

Child and Family Services Quality Improvement Plan

Northwest Territories Carbon Tax Implementation

Committee Report 19-18(3): Review of the 2017-2018 Public Accounts of the Government of the Northwest Territories

Tabled Document 455-18(3): Government of the Northwest Territories Response to Committee Report 12-18(3): Report on the Review of the 2018 Report of the Auditor General of Canada on Northwest Territories Child and Family Services

Tabled Document 456-18(3): What We Heard Report: Potential Mandatory Entry Level Training for Class 1 & 2 Drivers Tabled Document 457-18(3): Northern Housing Summit, Northern Solutions for Northern Housing:

Summary Report, Inuvik, NWT April 23-24, 2019

Tabled Document 458-18(3): Report on the Staff Retention Policy for 2018-2019

Tabled Document 459-18(3):

Summary of Members' Absences for the period February 5, 2019 to May 22, 2019

Bill 58: Justice Administration Statutes Amendment Act

Bill 59: Supplementary Appropriations Act (Infrastructure Expenditures) No. 2, 2019-2020

Bill 60: Supplementary Appropriations Act (Operations Expenditures) No. 2, 2019-2020

Bill 57:

An Act to Amend the Employment Standards Act

Bill 59: Supplementary Appropriations Act (Infrastructure Expenditures) No. 2, 2019-2020

Bill 60: Supplementary Appropriations Act (Operations Expenditures) No. 2, 2019-2020

Bill 55:

An Act to Amend the Legislative Assembly and Executive Council Act, No. 1

Bill 59: Supplementary Appropriations Act (Infrastructure Expenditures) No. 2, 2019-2020

Bill 60: Supplementary Appropriations Act (Operations Expenditures) No. 2, 2019-2020

Orders Of The Day

Members Present

Hon. Glen Abernethy , Mr. Beaulieu , Mr. Blake , Hon. Caroline Cochrane , Ms. Green , Hon. Jackson Lafferty , 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 1:31 p.m.

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---Prayer

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Prayer

Prayer

Page 5791

The Speaker

Jackson Lafferty

Member for Tu Nedhe-Wiilideh .

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Prayer

Prayer

Page 5791

Tom Beaulieu

Tu Nedhe-Wiilideh

Mr. Speaker, I seek unanimous consent to have item 5, recognition of visitors in the gallery; item 6, acknowledgements; and item 20, consideration in Committee of the Whole of bills and other matters, dealt with as the next matters on the orders of the day. Marsi cho, Mr. Speaker.

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Prayer

Prayer

Page 5791

The Speaker

Jackson Lafferty

Masi. The Member is seeking unanimous consent to have item 5, recognition of visitors in the gallery; item 6, acknowledgements; and item 20, consideration in Committee of the Whole of bills and other matters dealt with, as the matters on the Orders of the Day as the next item. Are there any nays? There are no nays.

---Unanimous consent granted

Those three items are moved up right after the prayer. The first item we'll recognize is item 5, recognition of visitors in the gallery. Member for Range Lake .

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Recognition Of Visitors In The Gallery

Recognition Of Visitors In The Gallery

Page 5791

Caroline Cochrane

Range Lake

Mr. Speaker, I'm very pleased to advise the House that a ceremony was held this morning in the Great Hall to celebrate eight individuals who have made tremendous contributions to education in the Northwest Territories. Please join me in recognizing this illustrious group in the gallery today, the 2019 inductees into the Education Hall of Fame: Ms. Sheila Cook from Hay River; Sheila Kindred from Fort Smith; Eileen Erasmus from Yellowknife; Steve Nicoll from Fort Simpson; Michelle Brown from Fort Smith; Claudia Parker from Yellowknife; Brenda Johnson from Yellowknife; and Gayle Strikes With A Gun from Yellowknife. It was an honour to have you all today. Thank you, Mr. Speaker.

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Recognition Of Visitors In The Gallery

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Page 5791

The Speaker

Jackson Lafferty

Masi. Once again, congratulations to all the inductees. It's such an honour to have you here, as well, to be in the presence of the Legislative Assembly Members, masi. Member for Hay River North .

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Recognition Of Visitors In The Gallery

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Page 5791

R.J. Simpson

Hay River North

Thank you, Mr. Speaker, and I would also like to recognize Ms. Sheila Cook, who earlier today was inducted into the NWT Education Hall of Fame and received an award. It goes on her mantle with some of the other awards she's won including Citizen of the Year, and so on. She's always contributing to the community, and I just wanted to let her know how much she's appreciated, and welcome her to the gallery. Thank you, Mr. Speaker.

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Recognition Of Visitors In The Gallery

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Page 5791

The Speaker

Jackson Lafferty

Masi. Member for Great Slave .

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Recognition Of Visitors In The Gallery

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Page 5791

Glen Abernethy

Great Slave

Thank you, Mr. Speaker. I'd like to recognize a resident of the Great Slave riding in the Gallery today. Brenda Johnson was inducted into the 2019 Education Hall of Fame earlier today. I'd like to take this opportunity to congratulate her, thank her for all she's done for the youth and the residents of the Northwest Territories, and welcome her to the gallery. Thank you, Mr. Speaker.

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Recognition Of Visitors In The Gallery

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Page 5791

The Speaker

Jackson Lafferty

Masi. Recognition of visitors in the gallery. Member for Kam Lake .

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Recognition Of Visitors In The Gallery

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Page 5791

Kieron Testart

Kam Lake

Thank you, Mr. Speaker. I'd like to recognize a resident of the Kam Lake riding, Ms. Claudia Parker, who was also inducted into the Education Hall of Fame today. Thank you for being with us today.

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Recognition Of Visitors In The Gallery

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Page 5791

The Speaker

Jackson Lafferty

Masi. Member for Hay River South .

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Recognition Of Visitors In The Gallery

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Page 5791

Wally Schumann

Hay River South

Thank you, Mr. Speaker. I'd like to recognize Ms. Sheila Cook today on her award, and her daughter Tracy, who is attending with her. I have a message from my son C.J. He says, "She's the best teacher ever." Thank you, Mr. Speaker.

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Recognition Of Visitors In The Gallery

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Page 5791

The Speaker

Jackson Lafferty

They're all the best teachers in the building. Masi. Again, masi for making a big difference. This is a great day for all of us. Member for Nahendeh .

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Recognition Of Visitors In The Gallery

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Page 5792

Shane Thompson

Nahendeh

Thank you, Mr. Speaker. I'd like to recognize Steve Nicoll, and I will be doing an acknowledgement later today. He is an amazing teacher, and I have to thank him as a parent. He taught all my children and he survived, so I give him credit to that. I give him kudos to that as well. My new CA, Charles Blondin, who is a political student at University of Alberta and he's already into politics, so he's helping me out, making me look good. As well, I'd like to welcome Sheila Cook and recognize her. I was a neighbour of hers, and I'd like to recognize her for the award, as well as Tracy, Tracy Cook. Thank you, Mr. Speaker.

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Recognition Of Visitors In The Gallery

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Page 5792

The Speaker

Jackson Lafferty

Masi. Member for Inuvik Boot Lake .

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Recognition Of Visitors In The Gallery

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Page 5792

Alfred Moses

Inuvik Boot Lake

Thank you, Mr. Speaker. Once again, I would like to welcome to the House my parents, Winston and Martha Moses. Thanks for being here today and for all the support. Also, at this time, I would like to recognize all the education leaders for all the work that you do, and the lives that you've changed, and the support that you give our communities and our children. Mahsi cho, quyanainni, merci beaucoup, thank you. Thank you, Mr. Speaker.

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Page 5792

The Speaker

Jackson Lafferty

Masi. Recognition of visitors in the gallery. Member for Thebacha .

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Page 5792

Louis Sebert

Thebacha

Thank you, Mr. Speaker. I'd like to recognize two constituents, Michelle Brown and Sheila Kindred, 2019 Education Hall of Fame inductees. Thank you.

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Page 5792

The Speaker

Jackson Lafferty

Masi. Member for Sahtu .

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Page 5792

Daniel McNeely

Sahtu

Thank you, Mr. Speaker. I, also, would like to recognize Gayle Strikes With A Gun. She's originally from Alberta, but she was our principal in Fort Good Hope from the year 2000 to 2003. Congratulations on your recent award. Masi.

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Page 5792

The Speaker

Jackson Lafferty

From Peigan Reserve, but now she's a family member of the Northwest Territories. Member for Yellowknife Centre .

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Julie Green

Yellowknife Centre

Thank you, Mr. Speaker. I rise to congratulate a resident of Yellowknife Centre, Gayle Strikes With A Gun, for her induction into the Education Hall of Fame, and to introduce her son Darrell and her father Mark, who have joined her here today. I would also like to introduce two Pages from Yellowknife Centre who are working for us this week, Sam and Alex Heyck, and I'd like to thank them and all the Pages for their service. Mahsi.

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Recognition Of Visitors In The Gallery

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Page 5792

The Speaker

Jackson Lafferty

Masi. Recognition of visitors in the gallery. Member for Tu Nedhe-Wiilideh .

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Page 5792

Tom Beaulieu

Tu Nedhe-Wiilideh

Marsi cho, Mr. Speaker. I'd like to recognize constituents of mine, Eileen and Guy Erasmus from Ndilo. Thank you.

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The Speaker

Jackson Lafferty

Masi. Member for Nunakput .

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Page 5792

Herbert Nakimayak

Nunakput

Thank you, Mr. Speaker. I would also like to recognize Mr. Winston Moses and his wife Martha. They went to residential school with my father, and apparently they were pretty good curlers back in the day. Everyone else from the Education Hall of Fame, I'd like to welcome everyone to the gallery today. Thank you, Mr. Speaker.

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The Speaker

Jackson Lafferty

Masi. Recognition of visitors in the gallery. Member for Frame Lake .

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Page 5792

Kevin O'Reilly

Frame Lake

Merci, Monsieur le President. I'd like to recognize a couple of Pages from Frame Lake who have been here with us for this sitting, Carter Kasteel and Zakiya Yalahow. Mahsi, Mr. Speaker.

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Recognition Of Visitors In The Gallery

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Page 5792

The Speaker

Jackson Lafferty

Masi. Recognition of visitors in the gallery. I'd also like to recognize Mr. Curtis Brown as well, originally from Behchoko. He used to be the administrator out there, and he learned from his experience and moved down to Fort Smith. I'd also like to recognize Guy Erasmus. Guy's family, late mom, was originally from Behchoko, as well. I'd like to thank them for coming and being here with us. Masi. Again, congratulations. Item 6, acknowledgements. Member for Tu Nedhe-Wiilideh .

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Acknowledgement 22-18(3): Eileen Erasmus - NWT Education Hall of Fame Inductee

Acknowledgements

Page 5792

Tom Beaulieu

Tu Nedhe-Wiilideh

Thank you, Mr. Speaker. I would like to acknowledge Eileen Erasmus. Eileen has dedicated nearly 20 years to the K'alemi Dene School and to education in the Northwest Territories. She has taught almost every grade and has been an integral part of the growth of K'alemi Dene School. Eileen has demonstrated a consistent commitment to her students, and they know this and can feel it. Former students describe her as an amazing individual, who has been a strong role model for the next generation. On behalf of the people from Ndilo, thank you, Eileen.

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Acknowledgement 22-18(3): Eileen Erasmus - NWT Education Hall of Fame Inductee

Acknowledgements

Page 5792

The Speaker

Jackson Lafferty

Masi. Acknowledgements. Member for Kam Lake .

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Acknowledgement 23-18(3): Claudia Parker - NWT Education Hall of Fame Inductee

Acknowledgements

Page 5793

Kieron Testart

Kam Lake

Mr. Speaker, I rise today to acknowledge Claudia Parker and her induction earlier today into the Education Hall of Fame. Claudia has always strived for the best for the students and staff of her schools. Those who know Claudia share that she is grounded by her compassion and dedication to her students, staff, and her community. I hope that Members of the House will join me in recognizing the dedicated service that Ms. Parker has given to our territory. Thank you, Mr. Speaker.

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Acknowledgement 23-18(3): Claudia Parker - NWT Education Hall of Fame Inductee

Acknowledgements

Page 5793

The Speaker

Jackson Lafferty

Masi. Acknowledgements. Member for Nahendeh .

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Acknowledgement 24-18(3): Steve Nicoll - NWT Education Hall of Fame Inductee

Acknowledgements

Page 5793

Shane Thompson

Nahendeh

Thank you, Mr. Speaker. I would like to recognize Mr. Steve Nicoll for being inducted into the Education Hall of Fame. Steven has been a teacher at Liidlii Kue Regional High School in Fort Simpson since 2002. He has a passion for hands-on learning and outdoor education and has regularly taken students out on the land to learn survival skills and the traditional cultural way with the support of elders and community.

Along with being a role model to many, Steven is well-respected within the community of Fort Simpson. He is a man who lives by the Dene law, "Share what we have," and a person who leads by example. Steve puts in an endless amount of time into preparing lessons for students in order to provide the best environment for them to learn and excel. As well, he is an amazing volunteer as a firefighter and cadet corps. Thank you, Mr. Speaker.

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Acknowledgement 24-18(3): Steve Nicoll - NWT Education Hall of Fame Inductee

Acknowledgements

Page 5793

The Speaker

Jackson Lafferty

Masi. Acknowledgements. Member for Yellowknife Centre .

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Acknowledgement 25-18(3): Gayle Strikes With A Gun - NWT Education Hall of Fame Inductee

Acknowledgements

Page 5793

Julie Green

Yellowknife Centre

Mr. Speaker, I rise today to acknowledge the induction of a Yellowknife Centre constituent into the NWT Education Hall of Fame. Gayle Strikes With A Gun's remarkable career has taken her from Fort Good Hope as a teacher, to Norman Wells as Sahtu District Education Superintendent, the Beaufort Delta as Assistant Superintendent, and on to the position that she now holds as Indigenous Language and Culture Coordinator. Throughout, she has charted a path of inclusion and student motivation across the realms of culture, academics, and physical education, in the classroom and through afterschool programming. Please join me in saluting Gayle Strikes with a Gun. Mahsi.

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Acknowledgement 25-18(3): Gayle Strikes With A Gun - NWT Education Hall of Fame Inductee

Acknowledgements

Page 5793

The Speaker

Jackson Lafferty

Masi. Acknowledgements. Item 20, consideration in Committee of the Whole of bills and other matters: Bill 38, Protected Areas Act ; Committee Report 18-18(3), Standing Committee on Economic Development and Environment Report on Bill 38, Protected Areas Act ; Minister's Statement 151-18(3), New Federal Infrastructure Agreement; Minister's Statement 158-18(3), Developments in Early Childhood Programs and Services; and Tabled Document 442-18(3), 2030 NWT Climate Change Strategic Framework 2019-2023 Action Plan, with the Member for Hay River North in the chair.

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Consideration In Committee Of The Whole Of Bills And Other Matters

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5793

The Chair

R.J. Simpson

I now call Committee of the Whole to order. For those who are used to our proceedings proceeding in an orderly fashion, we are switching things up a little bit today, and that is because we have some important business to take care of in Committee of the Whole, and because many of us, myself included, are heading down to Hay River for the Track and Field Championships opening ceremonies tonight. Just a little bit of an explanation for those who might be confused. What is the wish of committee? Mr. Beaulieu .

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Page 5793

Tom Beaulieu

Tu Nedhe-Wiilideh

Thank you, Mr. Chairman. Committee wishes to consider Bill 38, Protected Areas Act , and Committee Report 18-18(3), Standing Committee Review on Bill 38, Protected Areas Act. Thank you, Mr. Chair.

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The Chair

R.J. Simpson

Thank you, Mr. Beaulieu . Does committee agree?

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Some Hon. Members

Agreed.

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Page 5793

The Chair

R.J. Simpson

Thank you, committee. Is my understanding that the committee wishes to consider the bill prior to the report? Is that correct, Mr. Beaulieu ?

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Page 5793

Tom Beaulieu

Tu Nedhe-Wiilideh

Thank you, Mr. Chairman. I may have read this backwards. We will consider the committee report first. Thank you, Mr. Chair.

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The Chair

R.J. Simpson

Thank you, Mr. Beaulieu . Does committee agree?

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Some Hon. Members

Agreed.

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Page 5793

The Chair

R.J. Simpson

Thank you, committee. We will begin with consideration of Committee Report 18-18(3). I will turn to the chair of the standing committee that developed the report for opening comments. Mr. Vanthuyne .

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Page 5794

Cory Vanthuyne

Yellowknife North

Thank you, Mr. Chair. I am not sure that there is going to be a lot to add, from myself, at least, today with regard to the report. Yesterday was when we read the report into the record and asked to have it moved into Committee of the Whole. I think, for the most part, the report speaks for itself. It is fairly extensive in terms of capturing what the process was.

Mr. Chair, the Standing Committee on Economic Development and Environment concluded its review of Bill 38, Protected Areas Act , on June 3, 2019, with a public clause-by-clause review held here at the Legislative Assembly building. This was followed by public hearings on the bill held in eight communities earlier this spring.

The committee received 20 public submissions on the bill and carried 30 motions to amend the bill during clause-by-clause review. These motions were a result of close collaboration between the committee and the Minister and resulted in a much-improved bill. The committee thanks the Minister for his ongoing cooperation.

I would be remiss if I didn't add at this point in time that the committee was concerned originally as to what kind of time and resources that we might have to be able to focus on the Protected Areas Act during this particular sitting. It was through some common understanding and, again, collaboration, cooperation, and compromise, quite frankly, with the Minister and his department, that we would take the Forest Act, Bill 44 , and have it removed and move it to the 19 th Assembly for further consideration and public consultation so that it, in itself, could be improved.

By doing that, Mr. Chair, that allowed the committee to free up a little bit of resources. I won't use "free" too freely, because, quite frankly, we still have a considerable amount of work on our plate, but it allowed us to put some considerable resources and some important time towards moving the Protected Areas Act into the May-June sitting.

With the efforts that were made by committee, as well as the Minister and his staff, we were able to get to where we are today, and I want to just express my thanks and gratitude to everyone involved. I am happy to see that we have reached this point in time, and I look forward to us moving the amendments and improving the bill later on.

Mr. Chair, individual Members may have additional comments or questions as we proceed with consideration of the bill. Thank you.

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Page 5794

The Chair

R.J. Simpson

Thank you, Mr. Vanthuyne . I will open the floor to general comments on the committee report. First, I have Mr. Testart .

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Page 5794

Kieron Testart

Kam Lake

Thank you, Mr. Chair. I first want to acknowledge the hard work of the Standing Committee on Economic Development and Environment and on the part of the sponsoring Minister to collaborate on improvements of the bill. Thirty-four motions were moved that were concurred with by the Minister in the committee review stage and did result in a bill that is now more connected with the co-management regime that exists in the Northwest Territories and has far more public-facing information than the original version of the bill. I think that those are laudable improvements.

I am in an interesting position as the co-writer of a dissenting opinion with my colleague the honourable Member for Frame Lake . This is typically not something that you see all that often, at least in my time in this Assembly. I think that that is largely a result of the accelerated time frame and the urgency that we heard loud and clear from the public on moving Bill 38 forward. I don't take issue with that.

The two outstanding issues that were identified in the dissenting opinion are important issues. They are issues that are informed by the committee's consultations with the public, by the Indigenous co-drafters of the legislation.

I will not go into the exacting detail, because that is contained in the dissenting opinion that was read into the record, but, given the seriousness of those concerns and that this bill is one of many that represents a step forward in the government's efforts to reconcile with Indigenous peoples and nations and build a truly world-class regulatory regime that takes into account co-management principles, I feel that it's very important that those principles are reflected in the bill and that we are allowing Indigenous governments to speak in their own words on the kind of improvements that they want to see in the bill, given that they were so close in co-drafting it.

I think that is not at cross-purposes with public government and public governance in the Northwest Territories. We have made this commitment to do this in this area of public policy, and we need to live up to that. The amendment that I am speaking of in particular is just to create a clear legal pathway for the devolution agreement and the intergovernmental agreement to play out in a cohesive and integrated way in the bill and in no way impacts the government's prerogative to exercise its authority to draft regulations.

However, this is a very critical concept and, as a result, a dissenting opinion was required. I look forward to continuing to debate these issues. Of course, during the committee review stage, the motions that came out of the dissenting opinion resulted in a tie, and the chair was required to break that tie to allow for more debate to happen here on the floor. I look forward to that debate because these are critical issues, and I think the issues that my colleague and I have brought forward are worthy of consideration by this House in a fair and open mind in how we proceed. Thank you, Mr. Chair.

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The Chair

R.J. Simpson

Thank you. Next, we have Mr. O'Reilly .

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Page 5795

Kevin O'Reilly

Frame Lake

Thanks, Mr. Chair. Yes, I guess I, too, would like to offer a number of thank yous to the chair of our committee, who I think steered the ship along a course that involved a lot of meetings that were sometimes taking place over weekends, over evenings, and managed to keep us all on course. It's sometimes an unruly mob that he has to deal with. I also want to acknowledge the work of the Minister and his staff because, while we were meeting, they were also meeting, talking about some of the changes and ideas that we had suggested, so I think this was very much a collaborative process.

I want to recognize the hard work that everybody put into this bill. We may not agree on a few remaining items, but it is still a bill that I think we can all be very proud of, and I think it is world-class.

I do want to say that we had 26 written submissions. There was obviously a high degree of public interest in this bill. We had some very sophisticated submissions from Indigenous governments, co-management bodies, NGOs, and some individuals, as well, always some very thoughtful ideas, in many cases actually suggested wording changes. I want to recognize all of the hard work that everybody put into their submissions on the bill, as well.

I think another thing I want to recognize is that there were 30 amendments made to this bill. I have been here only for three-and-a-half years. That is more changes to a bill than I have ever seen in any other legislation that has come forward, but I think it's a reflection of the hard work that everybody did to try to make this the best possible legislation.

It is an important piece of legislation. This is the first post-devolution bill that is coming before this Assembly. This represents a new era, a new way of doing things, a new way of us looking after our own resources. I think the value that standing committee brought to this process, and I tried to discuss a little bit about that yesterday in my Member's statement, and I cannot speak on behalf of all of committee, but it certainly, from my perspective, tried to bring a lens of a number of items or criteria that I used in reviewing the bill.

I wanted to make sure that co-management was fully recognized and implemented into the bill; that there was strong accountability set up; that there was a greater transparency and opportunities for the public to be involved throughout the various stages of identifying, reviewing, and managing protected areas. Also, access to information was an important thing that I think we have all agreed to improve with this bill.

I am going to reserve any comments that I have on specific sections, Mr. Chair, to when we come to the clause-by-clause, but, as I said, this is a bill that I think we can all be very proud of. Thanks, Mr. Chair.

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The Chair

R.J. Simpson

Thank you. Next, Mr. McNeely .

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Daniel McNeely

Sahtu

Thank you, Mr. Chair. I, too, want to recognize the chair of SCEDE and the Members, the staff, the department, and the Minister's office for everyone's collaboration to expedite this to where we are today, recognizing there are a number of candidates, a number of areas of interest, that can immediately and in the long term comply with their initiatives under this bill.

In my recent trips to my home community in Fort Good Hope, I witnessed the discussions or negotiations going on to set out a protected area upstream from Fort Good Hope and the Rampart River delta area, an area unique to a number of wildlife and a good habitat area to preserve, create a conservation economy in legacy of this generation for the next. In speaking with the president of the Yamoga Land Corporation, he had mentioned:

"Our community has been working on this designation for over 20 years. It is now time for the Legislative Assembly of the Northwest Territories to take the necessary steps. I urge you to expedite the passage of Bill 38 so that Ts'ude niline Tu'eyeta can be established as one of the first territorial protected areas under this new legislation."

So I look forward, and I recognize everybody's efforts in expediting this. Thank you, Mr. Chair.

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Page 5795

The Chair

R.J. Simpson

Thank you, Mr. McNeely . Next, we have Mr. Nakimayak .

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Herbert Nakimayak

Nunakput

Thank you, Mr. Chair. I would like to recognize the committee's hard work during the travel and also the department with their experts on this, Mr. Chair. I believe Bill 38 , as it stands, stands strong, and it's a great example of including Indigenous governments and working with Indigenous governments in the Northwest Territories and setting a good example for developing policy not just in Canada but maybe co-leading projects like this when it comes to protected areas or areas of interest in our waters, in Canadian waters and international waters.

I think collaboration and cooperation during this process was some of the best you can see, and, Mr. Chair, I think committee has done some great work and had some great input.

Sometimes, when we travel on bills, we don't travel at the best times. We travel to communities where sometimes harvesters and the people who are actually the ones I would say who have the knowledge of the land rather than some of us sitting outside, who live among the caribou, live in the ecosystem that we are very much building a bill on right here today are the ones who we need to seek input from. I think, looking forward, there may be better practices that we can take on in the next Assembly and moving forward so that we capture the essence of what we are really doing.

Looking at the Northwest Territories, Mr. Chair, there are a lot of Indigenous groups in the territories, and they have a lot to say, and I think we need to respect that. This is a document that, for the most part, has done that in a great manner.

Mr. Chair, I look forward to the discussion. We had a discussion during Committee of the Whole earlier this week, and we voiced our concerns. Mr. Chair, I think the bill is ready to go the way it stands right now, and I am a strong believer of that. I come from an Indigenous government. Actually, you know, today, it is Inuvialuit Day, and we are looking at the collaboration and cooperation that has gone on between Inuvialuit. You know, I could only speak for myself, Mr. Chair. I cannot speak for anyone else.

The Government of Northwest Territories has a good working relationship, a very progressive one, from managing wildlife to the environment, and as well infrastructure. Infrastructure projects. Housing is one huge one that we are starting to get a handle on, and I believe that the relationship is improving, likely to a point where it has never been before, and I hope that with all Indigenous governments that these relationships continue to improve when we develop bills such as this Mr. Chair.

Once again, I would like to commend the committee for their work and the Minister and his office for their expertise. It is good to keep each other in check, and I think we have done that to the point where we could move forward with this. That is all I have to share now. Thank you.

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Page 5796

The Chair

R.J. Simpson

Thank you, Mr. Nakimayak . Anything further from committee in the way of general comments? Mr. Nadli .

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Page 5796

Michael Nadli

Deh Cho

Thank you, Mr. Chair. I, too, wanted to commend the committee, but also at the same time the department that drafted and put forth this piece of legislation, which could be in some ways unprecedented since devolution gave responsibility of lands and water to the Tlicho Government from the federal government. I think this is a rather ground-breaking initiative in advancing, at least, the idea of environment and conservation initiatives that have been going on for some time. I think it brings the reality a step closer to realizing some key initiatives that have been long put forth by Indigenous governments or First Nations People in the NWT.

You know, just to name a few, like the Thaidene Nene has been an initiative that has been ongoing. You know, the most recent one, of course, in the Deh Cho was the federal government's involvement with the advancement of Edehzhie or Horn River or Horn Plateau protected area, and those initiatives are something that people had committed and worked a long time on those processes. You know, I just put it out there that things have to sometimes work in partnership or collaboration, but at the same time we also have to understand things work in parallel, too, as well.

In a lot of ways, I think there is an almost tripartite processes with bodies and groups. It is also a bilateral processes that recognizes the idea of land claims. Regions that have settled their land claims or have their rights protected are in 6 and 35 of the constitution.

At the same time, there are some regions that haven't a settled a land claim that still retain the asserted title to their treaty and Aboriginal rights of their region. That, again, is entrusted in

section 35 of the constitution, so these are key things that I think are elements that we need to be aware of. At the same time, things move forward and this piece of legislation has been worked on for some time. I'd like to see it through and advance, and so I will be supporting the passage of this legislation. Mahsi.

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Page 5796

The Chair

R.J. Simpson

Thank you, Mr. Nadli . Further comments on the committee report itself? Seeing none, we can proceed to the next phase. Usually, the way these things work is that there are recommendations contained within the reports. This report has five recommendations. I assume the chair will be moving motions related to each of those recommendations, so I will turn now to Mr. Vanthuyne .

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Page 5796

Cory Vanthuyne

Yellowknife North

Thank you, Mr. Chair. Yes, as you heard yesterday, we did read in the report, and it came with five recommendations yesterday and, as is regular practice, we would typically take those recommendations and move them as motions. They aren't necessarily directed to the principle of the bill. These particular ones have to do more so with process matters, collaboration, co-management, and even reporting. Without further ado, Mr. Chair, I will move the motions. Thank you, Mr. Chair.

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Committee Motion 144-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Technical Working Groups for Development of Legislation, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5796

Cory Vanthuyne

Yellowknife North

Mr. Chair, I move that this Assembly recommends that, when employing a technical working group for the development of future legislation, the Government of the Northwest Territories include co-management bodies in the process to resolve any conflicts between a provision of that act and a provision found in the Land Resources or Self-Government Agreement. Thank you, Mr. Chair.

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Committee Motion 144-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Technical Working Groups for Development of Legislation, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5797

The Chair

R.J. Simpson

Thank you, Mr. Vanthuyne . There is a motion on the floor. The motion is in order. To the motion. Mr. O'Reilly .

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Committee Motion 144-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Technical Working Groups for Development of Legislation, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5797

Kevin O'Reilly

Frame Lake

Thanks, Mr. Chair. I can live without the recommendation as it reads, but I think the real issue here is trying to prevent a conflict from happening in the first place. I think it is fair to say that everybody recognizes that the paramountcy of the land rights agreements, and that is recognized in this legislation, as well, but the trick is in ensuring that the resource management, the environmental legislation, that that's brought forward, really incorporates and recognizes the co-management regime that has evolved here in the Northwest Territories.

I think that the real issue here is not so much dealing with conflict that may arise. The trick is to avoid the conflict in the first place by careful drafting consideration in building in the co-management bodies, and I think that by necessity means that the co-management bodies need to be at the table and the development of some aspects of these pieces of legislation. They have evolved into very sophisticated bodies. They have their own processes and procedures, lots of great on-the-ground experience that, I think, needs to be captured sometimes by those that are drafting legislation.

I think it just brings added value. It is not about slowing down the process, but it is building on what we have already agreed to.

While I can live with the recommendation as drafted, I think the real trick is in preventing that kind of conflict from arising and making sure that co-management is properly incorporated and recognized in the legislation that we do develop through this co-development, co-drafting process. Thanks, Mr. Chair.

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Committee Motion 144-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Technical Working Groups for Development of Legislation, Carried

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Page 5797

The Chair

R.J. Simpson

Thank you. To the motion.

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Committee Motion 144-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Technical Working Groups for Development of Legislation, Carried

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Some Hon. Members

Question.

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Committee Motion 144-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Technical Working Groups for Development of Legislation, Carried

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Page 5797

The Chair

R.J. Simpson

Question has been called. All those in favour? All those opposed? Motion is carried.

---Carried

Mr. Vanthuyne .

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Committee Motion 145-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Collaboration with Management Boards on Protected Areas Reporting, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5797

Cory Vanthuyne

Yellowknife North

Thank you, Mr. Chair. I move that this Assembly recommends that any prior reports on protected areas should be developed in collaboration with the management boards established under this act. Thank you, Mr. Chair.

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Committee Motion 145-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Collaboration with Management Boards on Protected Areas Reporting, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5797

The Chair

R.J. Simpson

Thank you, Mr. Vanthuyne . There is a motion on the floor. The motion is in order. To the motion. Mr. O'Reilly .

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Committee Motion 145-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Collaboration with Management Boards on Protected Areas Reporting, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5797

Kevin O'Reilly

Frame Lake

Thanks, Mr. Chair. Under

section 97 of the bill, it says that:

"The Minister shall table a report to the Legislative Assembly at least every five years with respect to status of candidate protected areas, state of protected areas established under the act, and the overall state of the protected areas network in the Northwest Territories."

So that is a reporting requirement on the part of the Minister every five years. I think the intent of committee here was to just make sure that that is a collaborative effort moving forward, and that the management boards that are actually established for each of the protected areas would have some involvement in preparation of the report and evaluating the state of the protected system network moving forward, so I think it is a helpful recommendation.

I am sure the department would probably do this anyway, but it was an observation on the part of the committee that this would help improve reporting and collaboration moving forward, which I am sure is the intent of everyone. Thanks, Mr. Chair.

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Committee Motion 145-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Collaboration with Management Boards on Protected Areas Reporting, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5797

The Chair

R.J. Simpson

Thank you, Mr. O'Reilly . To the motion.

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Committee Motion 145-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Collaboration with Management Boards on Protected Areas Reporting, Carried

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Committee Motion 145-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Collaboration with Management Boards on Protected Areas Reporting, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5797

The Chair

R.J. Simpson

Question has been called. All those in favour. All those opposed. The motion is carried.

---Carried

Mr. Vanthuyne .

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Committee Motion 146-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Coordination of Reports, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5798

Cory Vanthuyne

Yellowknife North

Thank you, Mr. Chair. I move that this Assembly recommends that any required reports should be coordinated with reports required under other legislation, notably the Mackenzie Valley Resources Management Act and the State of the Environment Report pursuant to Bill 39, Environmental Rights Act , if and when it is passed. Thank you, Mr. Chair.

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Committee Motion 146-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Coordination of Reports, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5798

The Chair

R.J. Simpson

Thank you. Mr. Vanthuyne . There is a motion on the floor. It is in order. To the motion. Mr. O'Reilly .

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Committee Motion 146-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Coordination of Reports, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5798

Kevin O'Reilly

Frame Lake

Thanks, Mr. Chair. I respect my colleague as chair, of course. I guess what this motion is trying to do is suggest or ensure that there is some coordination of reporting around state of the environment that is already taking place under

part 6 of the Mackenzie Valley Resources Management Act, and that is generally facilitated by the Cumulative Impact Monitoring Program staff who actually work within ENR these days. There are going to be reporting requirements, as I just outlined in speaking to the last recommendation, under this bill every five years. There is also to be some annual reporting that may happen under Bill 39, Environmental Rights Act , so the suggestion here is that, when that reporting is done, it's good that that is coordinated in some way to avoid overlap and duplication. I think it's a good recommendation and look forward to the response from our Cabinet colleagues. Thanks, Mr. Chair.

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Committee Motion 146-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Coordination of Reports, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5798

The Chair

R.J. Simpson

Thank you. To the motion.

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Committee Motion 146-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Coordination of Reports, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5798

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Committee Motion 146-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Coordination of Reports, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5798

The Chair

R.J. Simpson

Question has been called. All those in favour. All those opposed. The motion is carried.

---Carried

Mr. Vanthuyne .

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Committee Motion 147-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Convening Regular Meetings with Stakeholders, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5798

Cory Vanthuyne

Yellowknife North

Thank you, Mr. Chair. I move that this Assembly recommends that the Minister convene regular meetings with Indigenous governments or their designated representatives, protected areas management boards, and relevant co-management bodies for the purpose of promoting cooperative and collaborative working relationships for the effective management of protected areas. Thank you, Mr. Chair.

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Committee Motion 147-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Convening Regular Meetings with Stakeholders, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5798

The Chair

R.J. Simpson

Thank you, Mr. Vanthuyne . There is a motion on the floor. The motion is in order. To the motion. Mr. O'Reilly .

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Committee Motion 147-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Convening Regular Meetings with Stakeholders, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5798

Kevin O'Reilly

Frame Lake

Thanks, Mr. Chair. I think the idea, I know the idea here is that we heard the Minister of Lands make a statement earlier in this sitting, as well, about a land use planning forum that happens, I think, every couple of years, where different land use planning boards, bodies, come to together to talk about their lessons learned, how they can share their experience moving forward. There is already an NWT board forum where the co-management bodies in the Northwest Territories get together to talk about how they can collaborate, maybe joint training, working together on issues.

I think the suggestion here is that it would be a good idea for something, a similar sort of forum, for those bodies and organizations that are working on protected areas so that they can come together on a regular basis to learn from each other and share their experience and improve the way that they all work moving forward. I think it's a good recommendation, as well. Thanks, Mr. Chair.

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Committee Motion 147-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Convening Regular Meetings with Stakeholders, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5798

The Chair

R.J. Simpson

Thank you, Mr. O'Reilly . To the motion.

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Committee Motion 147-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Convening Regular Meetings with Stakeholders, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5798

Some Hon. Members

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Committee Motion 147-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Convening Regular Meetings with Stakeholders, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5798

The Chair

R.J. Simpson

Question has been called. All those in favour. All those opposed. The motion is carried.

---Carried

Mr. Vanthuyne .

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5798

Cory Vanthuyne

Yellowknife North

Thank you, Mr. Chair. Finally, I move that this Assembly recommends that the Minister develop a process for engaging Indigenous governments in the development of regulations under this and other devolution-related legislation. Thank you, Mr. Chair.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5798

The Chair

R.J. Simpson

Thank you, Mr. Vanthuyne . There is a motion on the floor. The motion is in order. To the motion. Mr. O'Reilly .

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5799

Kevin O'Reilly

Frame Lake

Thanks, Mr. Chair. I think it's fair to say that all of committee agreed with this recommendation. We all have maybe some different ways we want to go at this. We are going to deal with that when we get to the clause-by-clause review of the bill, but we heard very strong evidence from the Indigenous governments themselves that they want to have a clear role moving forward in development of regulations, similar to the process that was used in actually developing the bill itself. I support the recommendation. I support co-management. This is coming directly from the Indigenous governments themselves.

We may deal with this in terms of some amendments when we get to clause by clause, but I stand by this recommendation, and I look forward to a formal response from the Minister. Thank you, Mr. Chair.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5799

The Chair

R.J. Simpson

Thank you, Mr. O'Reilly . To the motion. Mr. Testart .

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5799

Kieron Testart

Kam Lake

Thank you, Mr. Chair. As we discussed in our report, there was an effort to put something similar in law around this, the co-drafting process, so that there would be a clear pathway for engagement of Indigenous governments in the Northwest Territories. When we undertook our standing committee hearing of the bill, the Minister indicated at the time that this discussion would play out at the intergovernmental council.

The only concern I have around that is many of the Indigenous governments that were invited to participate in the co-drafting exercise are not signatories to the devolution agreement and are not members of the intergovernmental council. Given that they had an opportunity to have a seat at the table for the co-drafting process, I think it's prudent to continue that process moving on. So giving the Minister the authority to develop a protocol and that is clearly laid out in law just gives certainty to our Indigenous partners that there will be something moving forward.

I certainly don't think I heard anything from our consultations that the relationship as it relates to these bills was flawed. I think everyone had very good things to say about a strong working relationship with the GNWT on co-drafting. There were some process issues, but they can work those out. The real priority for me is to ensure that these things continue, so I support this motion.

Again, this is a recommendation to government. It may be moved by the House and accepted by the House, but it's not adopted by the government necessarily, so the government will take its time to respond to these recommendations. I would like to see more certainty. Although I appreciate this motion, we need to go a bit further because that is what we heard and that is our role as lawmakers, to ensure the laws reflect the will of the people. Thank you.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5799

The Chair

R.J. Simpson

Thank you, Mr. Testart . To the motion.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

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Page 5799

Some Hon. Members

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5799

The Chair

R.J. Simpson

Question has been called. All those in favour. All those opposed. The motion is carried.

---Carried

Well, that is it for the recommendations. Does committee agree that this concludes our consideration of Committee Report 18-18(3)?

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

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Some Hon. Members

Agreed.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5799

The Chair

R.J. Simpson

Thank you, committee. This concludes our consideration of the report. We have next agreed to consider Bill 38, Protected Areas Act. It can be found in your big grey binders. I would like to welcome to the floor, in his first official duties on the floor as deputy law clerk, Mr. Toby Kruger. If committee is all ready, I will ask the Minister responsible for Bill 38 to introduce it. Minister McLeod.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5799

Robert C. McLeod

Inuvik Twin Lakes

Thank you, Mr. Chair. I am pleased to introduce Bill 38, Protected Areas Act. The bill sets out the processes for establishing a protected area in the Northwest Territories. The bill lays out the process to nominate the candidate area, how establishment agreements with Indigenous governments or organizations will be entered into for management of a protected area, regulation-making authorities, and prohibited and acceptable activities in a protected area.

Environment and Natural Resources has developed the bill through a partnership process with a technical working group that is comprised of Indigenous governments and organizations and renewable resource boards. Valuable input was also received from a stakeholder advisory group, public engagement, consultation with Indigenous governments and organizations, and other GNWT departments. The department appreciates all comments and recommendations provided through the Standing Committee on Economic Development and Environment review process, and the department is confident that the bill has become stronger with their amendment.

That concludes my opening remarks, Mr. Chair. Thank you.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5799

The Chair

R.J. Simpson

Thank you, Minister. Does the chair of the Standing Committee on Economic Development and Environment have any opening remarks? Mr. Vanthuyne .

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

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Page 5799

Cory Vanthuyne

Yellowknife North

Thank you, Mr. Chair. No further remarks. I appreciate the Minister's comments, and we look forward to going through the bill clause-by-clause. Thank you.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

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Page 5800

The Chair

R.J. Simpson

Thank you. I understand the Minister has witnesses he wishes to bring into the Chamber. Sergeant-at-Arms, please escort the witnesses into the Chamber. Minister, would you please introduce your witnesses for the record.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

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Page 5800

Robert C. McLeod

Inuvik Twin Lakes

Thank you, Mr. Chair. I have with me, to my left, Mr. Robert Jenkins, who is the assistant deputy minister of Environment and Climate Change. To my right, I have Ms. Kelly McLaughlin, who is legislative counsel with the Department of Justice. Thank you, Mr. Chair.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5800

The Chair

R.J. Simpson

Thank you. Welcome to the witnesses. I will now open the floor to general comments on the bill, if there are any. Please restrict comments more to the bill, not so much to committee travel and things like that. Do we have any general comments on bill 38 ? Everything has been said, I guess.

All right, committee, we will move into a clause-by-clause review of the bill. We will defer the bill and title until after consideration of the clauses. We have 101 clauses, so if committee is okay with it, I will move the clauses in groups of approximately 10. Does committee agree?

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

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Some Hon. Members

Agreed.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

R.J. Simpson

Thank you, committee. Please turn to page 9 of the bill. I will call out the clauses. If committee agrees, please respond accordingly. Clauses 1 through 9.

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Some Hon. Members

Agreed.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

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The Chair

R.J. Simpson

Mr. Thompson .

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5800

Shane Thompson

Nahendeh

A question for clarification here. When I look through the definition here, I don't see the Deh Cho Interim Measures Agreement or the Deh Cho land use planning process here. Can the Minister explain where that part of this is? Thank you, Mr. Chair.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

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The Chair

R.J. Simpson

Thank you. Mr. Jenkins.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

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Jenkins

Thank you, Mr. Chair. The act will refer to land use planning boards and bodies throughout, so that would capture any bodies associated with that in the Deh Cho. Thank you, Mr. Chair.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

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The Chair

R.J. Simpson

Thank you. Mr. Thompson .

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

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Shane Thompson

Nahendeh

Thank you. I just wanted to clarify because I didn't see it in the bill. Thank you, Mr. Chair.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

R.J. Simpson

Thank you. Clauses 1 through 9. Does committee agree?

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

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Some Hon. Members

Agreed.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

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The Chair

R.J. Simpson

Thank you, committee. Clause 10. Mr. O'Reilly .

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5800

Kevin O'Reilly

Frame Lake

Thanks, Mr. Chair. Yes, I have some questions. I would like to start with of our witnesses, if I can. I would like to know, and this is with regard to the nomination process for identifying potential protected areas, I would like to know from the Minister's staff: what sort of time frame was required for this nomination process under the old Protected Areas Strategy? Thanks, Mr. Chair.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

R.J. Simpson

Thank you. Mr. Jenkins.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5800

Jenkins

Thank you, Mr. Chair. In terms of time frames that we have, with respect to nomination, there are none laid out explicitly in the bill, but it is expected that they would be done without delay. I can't speak, unfortunately, to the time frames that were used during the Protected Areas Strategy. Thank you, Mr. Chair.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

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R.J. Simpson

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

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Kevin O'Reilly

Frame Lake

Thanks, Mr. Chair. Okay. Can I get some understanding of how the nomination process worked under the old Protected Areas Strategy? Thanks, Mr. Chair.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

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Thank you. Mr. Jenkins.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

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Jenkins

Thank you, Mr. Chair. It is my understanding that there was a collaborative process that worked towards nomination of areas. Thank you, Mr. Chair.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5800

Kevin O'Reilly

Frame Lake

Thanks, Mr. Chair. Okay. The Protected Areas Strategy, of course, was not a legislated process in any way, and what we are trying to do here is codify this process in a fairly prescriptive manner. Can the Minister tell us how long he would expect that the nomination process would take place under this bill? Thanks, Mr. Chair.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

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R.J. Simpson

Thank you. Mr. Jenkins.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5801

Jenkins

Thank you, Mr. Chair. We would have timely decisions made. Again, they are listed. We did accept standing committee's motion to add a clause that an area nominated shall be considered by the Minister without delay. There is a process where that would be nominated, either by an Indigenous government or by the GNWT, and there is quite a process that would move forward between bringing forward a nominated area to Executive Council for their approval as a candidate area, and some of those pieces include the area being reviewed against the purpose of the act. The GNWT must discharge its duty to consult.

We would need a description of the boundary sufficient for interim protection. That must be completed. We would need consent from any private land owners, and we would need to make sure that adequate interim surface and subsurface protection public land must be in place. Obviously, Mr. Chair, we would expect that this would take an amount of time into the months to be undertaken. Thank you, Mr. Chair.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

R.J. Simpson

Thank you. Mr. O'Reilly .

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

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Page 5801

Kevin O'Reilly

Frame Lake

Thanks, Mr. Chair. I think the heard the word "months." Okay, that's helpful to understand. I just want to turn to 10-6 under the current bill that is before us. It says: "The Minister may, in the Minister's discretion, reject a nomination made under this section." Can someone explain to me what sort of circumstances might lead to the Minister rejecting a nomination? Thanks, Mr. Chair.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

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The Chair

R.J. Simpson

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5801

Jenkins

Thank you, Mr. Chair. The act, as written, does ensure that the Minister will make transparent and accountable decisions on whether a nominated area can be considered by Executive Council for approval as a candidate area. The act was revised for the committee process to state that the Minister shall consider an area for approval, and those decisions regarding a nomination must always be made in accordance with the act and in good faith. There could be a multitude of situations where the Minister may have to reject, to use his discretion or her discretion, to reject a nomination. Thank you, Mr. Chair.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

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R.J. Simpson

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5801

Kevin O'Reilly

Frame Lake

Thanks, Mr. Chair. Can I ask whether the department has thought about what sort of criteria the Minister would use in exercising his or her discretion then in deciding whether to accept a nomination or not? Thanks, Mr. Chair.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5801

Jenkins

Thank you, Mr. Chair. We did, through this process, have some thinking around possible scenarios that could warrant rejection, but it was simply not possible to have an exclusion list that could, within the act, that could reflect all the possible scenarios that could arise.

In the future as we move into implementation of this act, more guidance to the Minister could be made through the development of regulations to prescribe eligibility criteria, and such criteria that those would be based on learned experience through implementation of this important piece of legislation, and we feel that this would be an appropriate and responsible path forward. Thank you, Mr. Chair.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

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Kevin O'Reilly

Frame Lake

Thanks, Mr. Chair. I see that the Minister can prescribe eligibility criteria. Does the Minister or his staff have any thought about how long it might take to develop that list? Thanks, Mr. Chair.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5801

Jenkins

Thank you, Mr. Chair. It is one of the areas that we would have to look at. There is some regulatory work that we would need to do in the near future, but it is a process that would need to be discussed, nothing yet to be determined. Thank you, Mr. Chair.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5801

Kevin O'Reilly

Frame Lake

Thanks, Mr. Chair. I'm sorry; I am going to put the law clerk a little bit on the spot here, if I may. I have a legal question, then. Even though there are, sort of, a checklist of items that the Minister shall consider under

section 10(2) of the act, and they include, you know, that the area is made up exclusively of public land, and that there is consent given if there is private land there, that the area has to meet the purpose of this act and any prescribed eligibility criteria. Would it be fair to say that, under 10(6), the Minister still has discretion above and beyond those items that are listed to make a decision to reject an area? Thank you, Mr. Chair.

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Committee Motion 148-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 38: Protected Areas Act - Process for Development of Regulations, Carried

Consideration In Committee Of The Whole Of Bills And Other Matters

Page 5801

The Chair

R.J. Simpson

Thank you, Mr. O'Reilly . I will direct this to our law clerk. Mr. Law Clerk.

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Document details

CollectionNorthwest Territories — Debates (Hansard)
Citation2019-06-05, 18th Assembly 3rd Session, pp. 5791–5838
Typehansard
Volume / chapter05
Languageen
Formathtml
SourceTERRITORIAL
Identifier82053615a439e32d06383e2eac0c8db526d71c5b

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