Somewhat colonial comes to mind there, Mr. Chair, but again I think this is the sort of thing that will come out once there’s a thorough opportunity for review. Thanks for that response.
The board should have the ability to set its own rules of procedure rather than excluding the public interest. Is that currently the case? Thank you.
Yes, Mr. Chair. This legislation gives the board the ability to establish its own rules and it does so through a public process in which it’s required to publish the rules that it proposes to make. Thank you, Mr. Chair.
That sounds good. Thank you for that. Sorry, I had one more. The regime should not apply in those regions where Aboriginal land rights have not been recognized or settled. Is that the case currently? Thank you.
This legislation applies differently in areas where there are unsettled land claims. The legislation distinguishes between what are called designated lands or Tlicho lands, which are settlement lands and non-designated lands which are essentially public lands. So, in areas that don’t have settled land claim agreements, it would all be treated as non-designated lands. Thank you, Mr. Chair.
Just perhaps a little expansion there. How are the two treated differently, or at least how is it treated within the unsettled regions, non-designated lands? Thank you.
The essential difference is that in a non-settled area there wouldn’t be any designated lands, there would only be non-designated lands. The board still has the ability to set conditions of access in a similar manner, but it’s not governed by all the unique land claim provisions that apply to designated lands. Thank you, Mr. Chair.
Are there additional obligations, though, to check in with the Aboriginal governments who have not settled but on whose land access is being completed? Thank you.
I’m uncertain whether there’s a specific obligation under this act, but if there’s a proposal for development in any non-settled area, it would also be subject to the duty to consult where the matter might have the potential to adversely affect an Aboriginal right. So, at some point in the process, there must be consultation before activity is undertaken. When we’re talking about access to subsurface rights, I can’t imagine a case where there wouldn’t be consultation because of what is required to access subsurface rights. Thank you, Mr. Chair.
I appreciate all those clarifications and responses. Those are all the questions I had. I think there were some heads-up and pointers that could be considered as we work towards a review of the legislation. I appreciate this information. That’s all I had. Mahsi.
Thank you, Mr. Bromley. Continuing on, Mr. Yakeleya.
Thank you, Mr. Chair. I’m certainly interested in the questions and exchange with Mr. Bromley. A lot of questions have to be thought out. Certainly, when we negotiated and settled the Sahtu Dene/Metis Comprehensive Land Claim, chapter 27 spoke to the Surface Rights Board. Because that legislation hasn’t happened until today and a few months ago we had a Surface Rights Board, we had an arbitration panel that was before us. The arbitration panel, under chapter 6 of our land claim, was like the Maytag repair person, very quiet. The agreement was already negotiated and settled, put together, and we had an arbitration panel but it was never called upon or needed. I met with them every year at our annual Sahtu General Assembly and they were very quiet. So we know we have a value in working things out.
The Sahtu, again under chapter 27, we have the Surface Rights Board. As Mr. Bromley stated clearly, it gets quite complex and confusing. You have settled land claims and land claims being negotiated, so you have different access to lands and different interpretations to lands. In our land claims it’s set out very clearly on the roles and responsibilities of the Surface Rights Board and what we negotiated in 1992, 1993 and 1994 and received assent to this document.
The point I want to make, for clarification, is this act will take in the agreement that we settled here and just to clarify that all members of the board must live in the Northwest Territories. Is that correct?
Thank you, Mr. Yakeleya. I’ll just give them a second to get to the page. We’ll go to Premier McLeod.
Thank you, Mr. Chair. Our government policy or rule of thumb is that in every instance we will appoint members from the Northwest Territories. I’ll ask, through you, Mr. Chair, Ms. McLaughlin to point out the exact clause and confirm that.
Thank you, Premier McLeod. Ms. McLaughlin.
Thank you, Mr. Chair. Clause 11 of the bill sets out qualifications and residency requirements respecting the composition of the board, starting with a requirement that members and alternate members have knowledge and experience that will assist the board in fulfilling the obligations under the act, and then among the members of the board will be specific appointees from certain regions.
Thank you, Ms. McLaughlin. Mr. Yakeleya.
Thanks, Mr. Chair. Just for clarification, I hope that she means the regions within the Northwest Territories. Is that my understanding?
In my effort to summarize, I lost the precision that I had intended to convey. There needs to be at least one member from the area that’s described in an appendix to the Gwich’in Agreement, one in respect of the Inuvialuit Settlement Region, and the area described in the Sahtu Agreement, and the area described in the Tlicho Agreement.
Thank you for the clarification. I’ll close the book on that now
Thank you, Mr. Yakeleya. General comments. Is committee prepared to do a clause by clause. Sorry. Mr. Nadli.
Thank you, Mr. Chair. Perhaps it could be a very simplistic question, but perhaps I’ll pose it to the Premier; if not, maybe the staff that are with him. I know the whole intention of this whole exercise is to, of course, bear the responsibility of the GNWT with more responsibilities on the public lands and resources and we’re at that point.
My question is: What role would the Department of Aboriginal Affairs have in terms of the Surface Rights Board Act? Plus, this is rather significant in terms of setting the course for perhaps more decision-making here in the North, but it stems from mirror legislation that goes back to the federal government.
Thank you, Mr. Nadli. Premier McLeod.
Thank you, Mr. Chair. The federal government, or AANDC, still has responsibility with regard to some specific lands, so through you, I’ll ask Mr. Fulford to go into more detail, Mr. Chair.
Thank you, Premier McLeod. Mr. Fulford.
Thank you, Mr. Chair. I’d just add that this bill is unique in the suite of devolution mirror legislation in that it will apply to federal lands. Bill C-15 that’s before the federal Parliament actually augments the power of the GNWT to allow GNWT laws to apply on federal lands, and that was necessary because the land claims said that you’d have a single board that could resolve these issues with respect to all lands, federal, territorial, Aboriginal and private, so this legislation actually applies to federal lands.
Thank you, Mr. Fulford. Mr. Nadli.
A final question. It’s very clear that we still have a few outstanding regions that don’t have a land claim or a settled land claim per se. I wanted to know, if any, what role would they have in terms of the Surface Rights Board? Thank you.
Thank you, Mr. Nadli. Premier McLeod.
Thank you, Mr. Chair. There are provisions in the bill so that as land claims are settled they’ll be added on to the Surface Rights Board. Thank you.
Thank you, Mr. McLeod. Mr. Nadli.
Thank you. If I could ask the Premier just to perhaps further elaborate with a formal meeting to acknowledge indeed they have a settled land claim and they’ll be welcomed to the board.
Thank you, Mr. Nadli. We’ll actually go to Mr. Fulford for that.
Thank you, Mr. Chair. Section 5 of the bill obligates the Minister responsible for the act to review the legislation each time a new land claim is settled. If that land claim, as it might be reasonable to expect, includes the requirements in the same way that the current ones do, then those requirements for someone from that region to be on the board would also need to be incorporated into the act. Thank you.
Thank you, Mr. Fulford. Mr. Nadli.
Could you be clearer? Which Minister are you talking about? Is it the Indian Affairs Minister or is it the territorial Minister?
Thank you, Mr. Nadli. Premier McLeod.
Thank you, Mr. Chair. It would be, in this case, the territorial Minister responsible for lands. That will come into effect on April 1, 2014. Thank you.
Thank you, Premier McLeod. General comments. Committee, are we prepared to go clause by clause?
Agreed.
Is committee prepared to allow the Chair to do clauses in groups of 10?
Agreed.
Thank you, committee. Committee, we’ll start clauses 1 to 10.
---Clauses 1 through 10 inclusive approved
Thank you. Clauses 11 to 20.
---Clauses 11 through 20 inclusive approved
Clauses 21 to 30.
---Clauses 21 through 30 inclusive approved
Clauses 31 to 40.
---Clauses 31 through 40 inclusive approved
Clauses 41 to 50.
---Clauses 41 through 50 inclusive approved
Clauses 51 to 60.
---Clauses 51 through 60 inclusive approved
Clauses 61 to 70.
---Clauses 61 through 70 inclusive approved
Clauses 71 to 80.
---Clauses 71 through 80 inclusive approved
Clauses 81 to 90.
---Clauses 81 through 90 inclusive approved
