Kevin O'Reilly

Thanks, Mr. Chair. I have some questions with regard to the coming into force date of this legislation. I would like to know whether it's the intention of the Minister to bring this bill into force without delay? Thanks, Mr. Chair.

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.

Thanks, Mr. Chair. I don't want to rehash what's in the dissenting opinion, but we did receive written submissions from the following Indigenous governments, specifically asking for an opportunity to be involved in the co-drafting of regulations under this bill and others in some cases: Dehcho First Nations, Dene Nation, Gwich'in Land Use Planning Board, Gwich'in Renewable Resources Board, K'atlodeeche First Nation, North Slave Metis Alliance, Northwest Territory Metis Nation, Sahtu Renewable Resources Board, Sahtu Secretariat Incorporated, Tlicho Government, Wek'eezhii Renewable Resources...

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...

Thanks, Mr. Chair. Yes, I will keep this quite brief. I know our time is getting tight.

The effect of this motion is to remove the Minister's unfettered discretion as it currently reads in 10(6) and also put in a timeline for making a decision of 90 days. We heard one of the Minister's staff talk about how they accepted a decision to be made within months, and I think this just makes sure that we have a timely process by inserting a time frame for doing that. This is becoming common practice in a lot of decision-making, or sorry, a lot of legislation, including the Access to Information, the...

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...

Thanks, Mr. Chair. Yes, I appreciate the comments that have been made by everybody, and I would like to respond to some of them in closing here.

There is nothing in this proposed amendment that takes away from the process that is already set out in the bill. What this does, as some of my colleagues have said, is to clarify how the Minister makes a decision on a nominated area. There is nothing in here that will allow other interests to establish protected areas as the honourable Member for Nunakput indicated. There is nothing in here that would allow for NGOs or anybody else to nominate areas...

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...

Thanks, Mr. Chair. I move that subclause 10(2) of Bill 38 be amended by deleting paragraph (b) and substituting the following:

(b) if the Minister is satisfied that the area meets the purpose of this act, unless,

(i) in the case of a nomination by an Indigenous government or organization, the nominating party has no asserted or established Aboriginal right or title in the area nominated;

(ii) the nomination covers all of the public land within an area of asserted or established Aboriginal right or title;

(iii) the nomination is frivolous, vexatious, or malicious;

(iv) the nomination is solely...

Thanks, Mr. Chair. Just one more question, if I could, of the law clerk. Under 10(6), it says that the Minister may, in the Minister's discretion, reject a nomination made under this section. Is it fair to say that the Minister has total and unfettered discretion, then, to decide whether to accept a nomination or not? Thank you, Mr. Chair.