Thank you. Minister.
Thank you, Mr. Chair. That will have to be determined when we develop the regulations. Thank you, Mr. Chair.
Mr. Testart.
Again, the Minister has said that this will be a decision of the 19th Assembly. Will these regulations also be subject to direction from the 19th Assembly? Thank you.
Minister.
Yes. Thank you, Mr. Chair.
Thank you. Could we get some order in here? Mr. Testart.
Nothing further, Mr. Chair.
Clauses 54 through 110 inclusive approved
Clause 111. Minister Abernethy.
Thank you, Chair. I move that paragraph 111(1)(a) of Bill 34 be amended by striking out "and" at the end of the English version of subparagraph (vi), and adding the following after paragraph (vi):
(vi.1) prescribing areas as settlement areas for the purposes of paragraph (e) of the definition "settlement area."
Thank you, Mr. Chair.
Thank you. There is a motion on the floor. The motion is in order. To the motion. Minister Abernethy.
Thank you, Chair. This just keeps the piece of legislation consistent with our previous motions. Thank you.
Thank you. To the motion.
Question.
Question has been called. All those in favour? All those opposed? The motion is carried.
---Carried
Clause 111. Mr. O'Reilly.
Thank you, Mr. Chair. I move that Bill 34 be amended by adding the following after subclause 111(4):
(4.1) The Minister may establish one or more agreements with Indigenous governments or organizations in the Northwest Territories as to how the Commissioner in Executive Council will engage with those parties in exercising the regulation-making powers under this section.
Thank you, Mr. Chair.
Thank you. There is a motion on the floor. The motion is in order. To the motion. Mr. O'Reilly.
Thank you, Chair. This is to amend the regulation-making powers of the Minister to basically authorize the Minister to enter into agreements with Indigenous governments on how the regulation-making might be carried out under this bill. This is enabling. This does not require the Minister to enter into such agreements. I think this is a helpful amendment in setting out the ability for the Minister to enter into such agreements.
In fact, we actually heard from the Sahtu Secretariat Incorporated that there were efforts already underway to draft up some sort of memorandum of understanding or some sort of an arrangement for the staff. This would just give a legal basis or footing for this to happen. I look forward to support from my Cabinet colleagues. Thank you, Mr. Chair.
Thank you. To the motion.
Question.
The Member for Frame Lake, 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 Yellowknife South, the Member for Inuvik Twin Lakes, the Member for Hay River South, the Member for Thebacha, the Member for Sahtu.
All those abstaining, please rise.
The Member for Yellowknife Centre.
The results of the recorded vote: five in favour, nine opposed, one abstention. The motion is defeated.
---Defeated
To clause 111. Mr. Testart.
Mr. Chair, I move that Bill 34 be amended by adding the following after subclause 111(4):
(4.1) A copy of each regulation that the Commissioner in Executive Council 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.
(4.2) No proposed regulation need be published more than once under subsection (4.1), whether or not it is altered or amended after such publication as a result of representations made by interested persons as provided in that subsection.
Thank you, Mr. Chair.
Thank you. There is a motion on the floor. The motion is in order. To the motion. Mr. Testart.
Thank you, Chair. The intention of this motion is to be consistent with other pieces of Territorial legislation. The sole example is the Petroleum Resources Act. This same provision exists there. It allows opportunity for the public to review regulations as they are published and to provide them with an opportunity to comment. This is something that we heard from civil society, from industry, and from Indigenous organizations, as well. I think it is important that we give the public the opportunity to weigh in on these regulations.
As this is a consistent theme that we have heard throughout the review of these bills, this, I think, is a good amendment to have, and it is consistent with the PRA, as well. The government did not see fit to amend the PRA to remove this provision. Although it is a federal artefact, it is one that was retained. All this is, is making it consistent with the PRA. I encourage Members to support it. Thank you, Mr. Chair. I would request a recorded vote at the appropriate time. Thank you.
The Member for Kam Lake, the Member for Nahendeh, the Member for Frame Lake, 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 Yellowknife South, 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 Member for Yellowknife Centre.
The results of the recorded vote: five in favour, 10 opposed, one abstention. The motion is defeated.
---Defeated
To clause 111 as amended. Does committee agree?
---Clauses 111 through 112 inclusive approved
Thank you committee. Clause 113. Minister Abernethy.
Thank you, Chair. I move that paragraph 113(1) and (2) of Bill 34 are each amended by striking out "Part 5" and substituting "Part 3." Thank you, Mr. Chair.
Thank you. There is a motion on the floor. To the motion. Minister Abernethy.
Thank you, Chair. This motion is intended to make a minor administrative correction to make the transitional provisions come into force. What is part 3 of the act, which has to do with interest and minerals, comes into force rather than part 5, which concerns benefits for people in communities. Thank you, Mr. Chair.
Thank you. To the motion.
Question.
Question has been called. All those in favour? All those opposed? The motion is carried.
---Carried
Clause 113 as amended.
---Clauses 113 through 115 inclusive approved
To clause 116. Minister Abernethy.
Thank you, Chair. I move clause 116 and the heading immediately preceding clause 116 of Bill 34 be deleted and the following substituted:
116(1) The Public Land Act introduced in the 3rd session of the 18th Legislative Assembly as Bill 46 is amended by this section.
(2) The following provisions are repealed:
(a) section 6;
(b) paragraph 6.1(b);
(c) paragraph 52.1(1)(c); and
(d) paragraph 61(c) and (d)
(3) paragraphs 12.1(b) is amended by striking out "or six and commencement."
117(1) Subject to subsections 2 and 3, this act or any provisions of this act comes into force on the day or days to be fixed by order of the Commissioner.
(2) Section 115 come into force on the day that section 18 comes into force unless, before that day, the Northwest Territories Land Act has been repealed by subsection 79(2) of the Public Land Act introduced in the 3rd session of the 18th Legislative Assembly as Bill 46(3). Section 116 comes into force on the later of the day that section 18 comes into force, or section of the Public Land Act introduced in the 3rd Session of the 18th Legislative Assembly as Bill 46 comes into force. Thank you, Mr. Chair.
