Kevin O'Reilly
Statements in Debates
Thank you, Mr. Chair. When decisions around financial security have flexibility, that is when problems start. I would like to ask the law clerk, if I may: the way that section 8(1) is written, it says, "The Minister may, in accordance with regulations, require that an applicant for disposition," blah, blah, blah, blah, blah, "post financial security," essentially. Does this give the Minister the scope to set financial security requirements in regulation where there could be thresholds of activity that would require financial security? Thank you, Mr. Chair.
Thanks, Mr. Chair. This recommendation really speaks to a number of the problems that committee identified with the bill. The consultation process that the department went through in developing the bill was really about amending the Commissioner's Land Act and the Northwest Territories Land Act. Then, all of a sudden, out of thin air comes an act or a bill prepared by the Minister and his staff that amalgamated the two systems without any warning to committee or to the public about doing that very thing.
Committee also heard from Indigenous governments that they did not have the opportunity to...
Thanks, Mr. Chair. I do have some questions for the Minister before we get into other matters. Can someone explain to me why this clause would appear to make financial security completely at the discretion of the Minister? Thank you, Mr. Chair.
Thanks, Mr. Chair. This is the first time I have seen this. I am not a Member of the committee, and having these sort of motions put before Members without seeing them, without even knowing what they're about, and then asking us to vote on it, I don't find this very helpful. I would appreciate an explanation from the Minister what this is about, because I have no idea. Thanks, Mr. Chair.
Thanks, Mr. Chair. So, if I was to rewrite this, this is the one place where "polluter pays" should actually be found, and there is no reference to "polluter pays" in the purpose section. Can someone from the department explain to my why that is the case?
Thanks, Mr. Chair. I support the motion. I think that at least it leaves the door open to the option of making further changes, improvements, to Cabinet's plan. This is a made-by-Cabinet approach. There are no details. It will be the next Minister of Finance who determines what the details are, in terms of rebates, grants, how the money is spent, and so on. All of that is going to be set out in regulation that none of us may have any say in, not even the public. I am fine with leaving the door open to the chance to develop a better plan.
We have talked about what has been done in the Yukon with...
Yes, thanks, Mr. Chair. I detect a certain amount of frustration here. This is not as if committee has not tried to work with Ministers, with Cabinet, to get to some sort of understanding of how regulations are going to be made in the future, given that, most of these bills, all of the details are off into the future. So, as my colleague said, we tried to adopt language from the MVRMA requiring consultation. We even tried to add permissive language to allow the Minister to enter into agreements with Indigenous governments moving forward on how to co-draft regulation or engage Indigenous...
Thanks, Mr. Chair. I would like to turn to clause 2.1, if I may, which is the purpose section. I would like an explanation from the department as to why the department's Land Use and Sustainability Framework and even its own Lands Establishment Policy, which is a policy that was signed off by the Premier, Cabinet-level approval, why it appears that some of those principles were not incorporated into the original bill, which did not even have a purpose statement? Thanks, Mr. Chair.
Thanks, Mr. Chair. I didn't get a response to my question, of course, but as I understand it, the federal government has indicated to the Alberta government that they intend to implement the federal backstop in that jurisdiction effective January 1, 2020.
I do feel compelled to make a few remarks in response to what I believe I heard the Minister say. The Minister talked about the failure of the committee to take the bill on the road. I think it is also fair for the public to know, and I would suggest anybody who is really keen to look at the committee report, the committee really didn't have...
Thanks, Mr. Chair. I move that Bill 46 be amended by adding the following after clause 61:
61.1 (1) A copy of each regulation that the Commissioner on recommendation of the Minister, or the Commissioner in Executive Council, as the case may be, proposes to make under this act shall be published in the Northwest Territories Gazette, and a reasonable opportunity shall be afforded to interested persons to make representations to the Minister in respect of the proposed regulations.
(2) No proposed regulation need be published more than once under subsection (1), whether or not it is altered or...