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. The bill retains that Indigenous governments and the GNWT are the only parties that can nominate areas, and this amendment does not change that in any way. I don't believe this in any way interferes with the government-to-government relationship. This just clarifies how the Minister is going to exercise his or her discretion in deciding whether a nominated area moves forward.
I think I also heard that this might interfere in some way with the ability of Regular MLAs to talk to the Minister about this. I do not see that happening, at all. Of course, MLAs can talk to Ministers at any time. I don't think this paints anyone into a corner. It just clarifies how the Minister is going to exercise his or her discretion.
I agree with my colleagues in that people do want clarity, they want certainty, and they want to know that the nomination process is going to move quickly and that it is a check list and that an area is going to move into the candidate phase, where it has interim protection, and everybody can participate in that, the review of a candidate area.
Once a nominated area is actually accepted, you know, if you look at what section 11.1 says, the Executive Council on the recommendation of the Minister may approve a nominated protected area provided that a bunch of conditions are met, so that is another stop here where the Minister has, working with his Cabinet colleagues, total discretion over whether an area is accepted or not, and that is after the nomination phase. That is another check stop in here, and there are others in the bill where the Minister has discretion over an area moving forward and whether it's change or deregistered and so on.
This is about just ensuring that there is a clear, efficient process for accepting a nominated area and getting it into the candidate phase, where everybody can have a say on it, even other Indigenous governments that may not agree with an area being nominated.
I know that the Minister said that his staff prepared a list quickly in response to committee concerns around the discretion in 10.6. That is what we did, was incorporate those into this amendment. Of course, the Minister still has the ability to bring forward eligibility criteria and regulations, and I look forward to those, seeing what those regulations say in the future.
This is not about taking away anybody's authority. This is about providing clarity and making sure that the nomination process happens quickly and that full consideration of a protected area gets moved into the candidate phase as quickly as we can, and that is where everybody can have a say.
Mr. Chair, I would request a recorded vote. Thank you, Mr. Chair.
The Member for Frame Lake, the Member for Yellowknife Centre, the Member for Deh Cho, the Member for Yellowknife North, the Member for Kam Lake, the Member for Nahendeh.
All those opposed, please rise.
The Member for Nunakput, the Member for Inuvik Boot Lake, the Member for Range Lake, the Member for Great Slave, the Member for Inuvik Twin Lakes, the Member for Hay River South, the Member for Thebacha, the Member for Mackenzie Delta, the Member for Sahtu, the Member for Tu Nedhe-Wiilideh.
All those abstaining, please rise. The results of the recorded vote are: six in favour, 10 opposed, zero abstentions. The motion is defeated. I will call clause 10 again. Clause 10. Mr. O'Reilly.
The Member has requested a recorded vote. All those in favour, please rise.
The Member for Frame Lake.
All those opposed, please rise.
The Member for Yellowknife Centre, the Member for Deh Cho, the Member for Nunakput, the Member for Inuvik Boot Lake, the Member for Range Lake, the Member for Great Slave, the Member for Inuvik Twin Lakes, the Member for Hay River South, the Member for Thebacha, the Member for Mackenzie Delta, the Member for Sahtu, the Member for Yellowknife North, the Member for Kam Lake, the Member for Tu Nedhe-Wiilideh, the Member for Nahendeh.
All those abstaining, please rise. The results of the recorded vote are: one in favour, 15 opposed, zero abstentions.
---Defeated
To clause 10. Does committee agree?
Agreed.
Thank you, committee.
---Clauses 10 to 97 inclusive, approved
Clause 98. Mr. Testart. I almost missed it.
Thank you, Mr. Testart. The Member has requested a recorded vote. All those in favour, please rise.
The Member for Kam Lake, the Member for Tu Nedhe-Wiilideh, the Member for Nahendeh, the Member for Frame Lake, the Member for Yellowknife Centre, the Member for Deh Cho, the Member for Yellowknife North.
All those opposed, please rise.
The Member for Nunakput, the Member for Inuvik Boot Lake, the Member for Range Lake, the Member for Great Slave, the Member for Inuvik Twin Lakes, the Member for Hay River South, the Member for Thebacha, the Member for Mackenzie Delta, the Member for Sahtu.
All those abstaining, please rise. The results of the recorded vote are: 7 in favour, 9 opposed, zero abstentions.
---Defeated
Clause 98. Mr. Testart.
The Member has requested a recorded vote. All those in favour, please rise.
The Member for Kam Lake, the Member for Tu Nedhe-Wiilideh, the Member for Nahendeh, the Member for Frame Lake, the Member for Yellowknife Centre.
All those opposed, please rise.
The Member for Deh Cho, the Member for Nunakput the Member for Inuvik Boot Lake, the Member for Range Lake, the Member for Great Slave, the Member for Inuvik Twin Lakes, the Member for Hay River South, the Member for Hay River South, the Member for Thebacha, the Member for Mackenzie Delta, the Member for Sahtu, the Member for Yellowknife North.
All those abstaining, please rise. The results of the recorded vote are: five in favour, 11 opposed, zero abstentions. The motion is defeated.
---Defeated
Clause 98. Does committee agree?
Agreed.
Thank you, committee. Clauses 99 to 101. Does committee agree? Mr. 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.
Thank you, Mr. O'Reilly. Minister.
Thank you, Mr. Chair. Our intention is for the act to come into force at the earliest opportunity. Implementing this act, needless to say, is a high priority for the government of the Northwest Territories and the people who are affected by it. The Department of ENR is actively working with Indigenous governments and organizations, and have advanced three candidate areas under the act: the Dinaga Wek'ehodi Wek'eezhii, Thaidene Nene, and Tu'eyeta west of Fort Good Hope in the Sahtu region. Bringing the act in force is a critical step towards establishing these candidate areas.
Section 101 of Bill 38 states that the act or any provision of the act comes into force on the day to be fixed by order of the Commissioner, and it is our intent to bring the act into force at the earliest opportunity. Thank you, Mr. Chair.
Thank you. Mr. O'Reilly.
Thanks, Mr. Chair. Just so I understand this completely, is the Minister of the opinion or the view that any specific regulations are required to bring this act into force? Thanks, Mr. Chair.
Thank you. Mr. Jenkins.
Thank you, Mr. Chair. Yes, there will be some work, minor regulatory work required for general regulations on forms and for laboratories, designation of laboratories. Thank you, Mr. Chair.
Thank you. Mr. O'Reilly.
Thanks, Mr. Chair. Does the department have any idea how long that regulation is going to require for forms and laboratories? Thanks, Mr. Chair.
Thank you, Mr. O'Reilly. Mr. Jenkins.
Thank you, Mr. Chair. Our intent is that we would have these regulations come into force within the life of this Assembly. Thank you, Mr. Chair.
Thank you. Mr. O'Reilly.
Thanks, Mr. Chair. I understand that there are forms prescribed in here, or the ability to prescribe forms, largely around the inspection, sort of warden functions and labs. That's where they'd be designated as well. Would there be the opportunity, then, to move forward with bringing into force other sections of the act immediately upon it or shortly after assent? Thanks, Mr. Chair.
Thank you. Mr. Jenkins.
Thank you, Mr. Chair. Yes, we feel that there is the ability to bring in sections very quickly in the future. Thank you, Mr. Chair.
Thank you. Mr. O'Reilly.
Thanks, Mr. Chair. Can I just get it clarified by the Minister then: so the intention is to bring all the other parts or sections of the act into force other than those that require forms or labs, and that that will happen shortly after assent? Thanks, Mr. Chair.
Thank you. Mr. Jenkins.
Thank you, Mr. Chair. Yes, we feel that we could bring all the provisions of the act. If there are any that are relevant to the statement of forms or designation laboratories that couldn't be bringing right away, we would have to wait until the work is done, but otherwise we would like to bring it into force very quickly. Thank you, Mr. Chair.
Thank you. Mr. O'Reilly.
Thanks, Mr. Chair. At the risk of driving everybody crazy, can the Minister repeat that commitment? I just want to get it very clear on the record because there is a lot of interest in moving forward, particularly with Thaidene Nene. I had heard that there might be federal ministers coming up to make a formal launch in July around the federal part of that, so can the Minister commit that all the other sections of the act are going to be brought into forces as soon as possible? Thanks, Mr. Chair.
Thank you. Minister. Mr. Jenkins.
