Clause by clause.
Bill 13, Devolution Measures Act. Clauses 1 to 10.
---Clauses 1 through 10 inclusive approved
Clauses 11 to 20.
---Clauses 11 through 20 inclusive approved
Clauses 21 to 24.
---Clauses 21 through 24 inclusive approved
Bill as a whole.
Agreed.
Does the committee agree that Bill 13, Devolution Measures Act, is ready for third reading?
---Bill 13 as a whole approved for third reading
I’ll ask the Sergeant-at-Arms to please escort our witnesses from the Chamber.
Moving on to Bill 14, Waters Act. I’ll ask Premier McLeod if he would like to please read his opening comments. Premier McLeod.
Thank you for the opportunity to speak to Bill 14, Waters Act. The passage of this legislation is an important step towards implementing the Northwest Territories Lands and Resources Devolution Agreement.
The Waters Act substantially mirrors the federal Northwest Territories Waters Act, which Canada will make inapplicable on lands and waters not retained by the federal government on April 1, 2014.
Under the Devolution Agreement, the GNWT is committed to “substantially mirror” Canada’s statutes and regulations that are being repealed or made inapplicable to public lands and waters transferring to the GNWT through devolution. The mirroring exercise means that the new GNWT laws will address the same matters, in substantially the same way, as federal laws do now. Mirroring principles limited changes to addressing issues such as correcting outdated language and applying GNWT drafting standards.
Mirrored legislation is a practical first step to ensure a continued delivery of services on April 1, 2014. Mirrored legislation also ensures that there are no legislative gaps or overlaps between the GNWT and Canada.
The parties to the Devolution Agreement entered into a Protocol for Review of Devolution Legislation. Under this protocol, all parties have had the opportunity to review and comment on this legislation before it was introduced in the Legislative Assembly. We have considered these comments carefully in the preparation of the bill before you.
The Waters Act will provide the Government of the Northwest Territories with authority related to waters in the Northwest Territories.
This legislation will form part of an integrated regulatory system of land and water management in the Northwest Territories with Bill 10, the proposed Northwest Territories Lands Act, and the federal Mackenzie Valley Resource Management Act.
The authorities set out in the Waters Act will be the responsibility of the Department of Environment and Natural Resources.
The bill provides the GNWT with authorities relating to the licensing and use of water and the disposal of waste into water. The bill also provides for the continuance of the Inuvialuit Water Board, formerly known as the Northwest Territories Water Board, which is responsible for the conservation, development and use of water in the Inuvialuit Settlement Region.
Regulations made under the Waters Act will also govern the issuance of Type A and B water licences for water under the administration and control of the GNWT in all of the Northwest Territories, including the Mackenzie Valley.
The bill sets out rights and duties of licence holders and others, including a compensation scheme for rights holders, the duties and powers of analysts and inspectors as well as the enforcement scheme for contraventions under the act.
I would be pleased to answer any questions Members may have.
Thank you, Premier McLeod. I’d like to ask Premier McLeod if he’d like to bring witnesses into the Chamber.
Yes, I would, Madam Chair.
Thank you. Does committee agree?
Agreed.
Sergeant-at-Arms, please escort the witnesses to the table.
I’d like to welcome Ms. Kelly McLaughlin and Mr. Jamie Fulford back to the table as witnesses. General comments, please, on Bill 14, Waters Act. Mr. Bromley.
Thank you, Madam Chair. I am wondering again why the Inuvialuit have their own water board at the same time the government is doing away with the regional land and water boards in the Mackenzie Valley. I would like to note that members of the board also get to nominate their chair, section 14, I believe it is, unlike the MVRMA where the chair is selected by the Minister. Thank you.
Thank you, Mr. Bromley. Mr. Fulford.
Thank you, Madam Chair. The changes that the Member references were brought about by Bill C-15. They actually amend the Northwest Territories Waters Act to rename the board, which is currently called the Northwest Territories Waters Board, and also to make other changes including providing the Inuvialuit Regional Corporation with the ability to nominate members to that board for appointment. So these are changes brought about by Bill C-15 and this goes back to the answer to a previous question about some of the changes we were depending on knowing what was in Bill C-15 to know what we had to put into the mirror legislation. Thank you, Madam Chair.
Thank you, Mr. Fulford. Mr. Bromley.
Again, I just think it’s interesting that we’ve supported Inuvialuit keeping their water board and none in the rest of the regional water boards in the Mackenzie Valley. I am wondering why we weren’t successful in getting all of those to remain in place.
Thank you, Mr. Bromley. Premier McLeod.
Thank you, Madam Chair. That was federal government legislation. Thank you.
Thank you, Premier McLeod. Mr. Bromley.
Yes, thanks, Madam Chair. Sections 1 and 104 are interesting in that initially the ENR Minister will be providing staff to the Inuvialuit board rather than the board hiring its own staff, then at some point 104 will come into force and they can hire their own staff. I am just wondering why do we have to go through these steps. Can’t we just have the board do its own thing right away? Thank you.
Thank you, Mr. Bromley. Mr. Fulford.
Thank you, Madam Chair. The provision for the board to actually employ its own employees was another feature of Bill C-15. So we’re actually mirroring the coming into force of that, although the Northwest Territories Waters Act will actually be repealed as of April 1st. The concern there was if the board, as of April 1st, was employing its own employees, there would have been no ability for the GNWT to make job offers to those employees. Essentially, we would have been operating in limbo as to where those employees would sit. So we have the different coming into force, so the future the board will employ its own employees but in the interim they will continue to be employees of the government. Thank you, Madam Chair.
I think I followed that. So what’s the time frame for that? Is that set anywhere?
I believe it comes into force on the day to be fixed on order of the Commissioner. So there is no fixed date, but it’s whenever is appropriate after the transfer date. Thank you.
Does this act, the Waters Act, offer any guidance or direction for the development of regulations with respect to fees for the use of water? Thank you.
Yes, I can advise that it does and the ability to set fees for all areas, both in the Mackenzie Valley and the Inuvialuit Settlement Region. So in the Mackenzie Valley, outside of federal areas, all of that will be governed by the waters regulations made under this act, and that will be fully in the purview of the government. Thank you.
Could I know generally just what sections, if that’s handy? I will just go on with my next question while you’re looking that up.
Sections 27 and 35, although they speak a little bit to financial security, it’s not mandatory. I’m wondering why, when this was an opportunity to make this mandatory. It’s “may require” and so on, so doesn’t offer the certainty that residents of the Northwest Territories are looking for, and in fact, it does make us liable to take on significant liabilities in their absence. Thank you.
The model that the act establishes just mirrors the existing act. Also, the way that the Mackenzie Valley Resource Management Act works is that the board determines the requirement for security then the security is held by the appropriate Minister. In that process, the GNWT would have the ability to advocate in that process, but it’s the board that’s ultimately responsible in determining the need for the security. Thank you.
Alternatives North raised a question about Section 53(2) where it gives Cabinet the power to prescribe fees for access to public registry. I have to agree that it sounds like a real oddity and I think that’s the way they phrased it. Essentially, public access should always be free and not requiring payments or fees. Why in the world was this in there? Thank you.
I can advise that we are mirroring the existing federal legislation. Thank you.
Thank you, Mr. Fulford. Mr. McLeod.
Thank you, Madam Chair. I think we found the applicable section, so through you, if I can get Ms. McLaughlin to provide it.
Thank you, Premier McLeod. Ms. McLaughlin.
Thank you, Madam Chair. The regulation-making authority at Section 63.1(k) references the ability to prescribe fees to be paid for the right to use water or deposit of water, filing of application and for inspections. If I could add another note respecting the public register in addition to Mr. Fulford’s, I believe the section that was referenced is 53(3), and in that section it speaks to making copies of the contents available on payment of a fee, which might be of assistance in answering the question.
Thank you, Ms. McLaughlin. Mr. Bromley.
Thank you, Madam Chair. Hopefully, these will be electronically available and we won’t have to worry about that.
Finally, I don’t see any provisions for participant funding or for applicants to cover some or all of the costs of those who wish to intervene such as is the case, for example, with the Public Utilities Board, and I suspect I could tell myself the answer: We’re mirroring legislation. I guess that’s all the questions I have. I just hope that that’s all we’re mirroring. The evidence is quite to the contrary of that, unfortunately, that we’re also mirroring a lack of transparency and other things, but that’s something we’ll continue to work on. That’s all I have. Thank you.
Thank you, Mr. Bromley. Mr. McLeod.
I think we’ve come to a good place when the Member is answering his own questions.
Thank you, Premier McLeod. General comments on Bill 14, Waters Act.
Detail.
Detail. Thank you. Clause 1 to 10.
---Clauses 1 through 10 inclusive approved
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
