Debates of August 20, 2019 (day 87)
Committee Motion 223-18(3): Bill 34: Mineral Resources Act – Amend subclause 24(13), Defeated
Thanks, Mr. Chair. I move that subclause 24.7 of Bill 34 be deleted and the following substituted:
(7) A zone may be established under subsection (2), and the regulations establishing a zone may set out requirements that the Minister considers appropriate on the Minister's own initiative or as recommended by the proposing Indigenous government or organizations after
(a) the Minister engages with the applicable Indigenous governments and organizations in respect of the requirements; and
(b) a reasonable opportunity has been provided by the Minister for the public to provide comments on the merits of the proposed zone.
Thank you, Mr. Chair.
Thank you. There is a motion on the floor. The motion is in order. To the motion. Mr. O'Reilly.
Thanks, Mr. Chair. I recognize that this is getting late. Committee tried to work with the Minister to propose a number of changes to this concept of zones to put in some checks, and I think that it is fair to say that most of those were incorporated other than what this motion proposes, which is to provide an opportunity for the public to comment on the creation of zones. That opportunity could actually include even industry, of course, because they are part of the public as well. Whether it is an Indigenous government or the Minister does this on his or her own accord, this would provide an opportunity for the public to comment on zones.
If we are going to go through the trouble of creating these zones, the Minister has already publicly said that part of the expectation is that this is going to encourage development, well, let people weigh in and express a view about that. That's what this is about, affording the public an opportunity to comment on the creation of zones. Thank you, Mr. Chair.
Thank you. Continue, Mr. O'Reilly.
Thank you, Mr. Chair. I requested a recorded vote. Thank you.
Thank you. To the motion. Mr. Testart.
Thank you. We're in 2019, we have a very unique circumstances for governance in the Northwest Territories, and we have to continue on the path of reconciliation and respect Indigenous partners. That they have an inherent right to self-government and many of those self-governments have come forward.
In regards to Indigenous governments being involved in the creation of zones, I think that that is important, but at the end of the day, it is the Minister who approves the zone. The Minister is a representative of the public Government of the Northwest Territories for all of the people of the Northwest Territories, and that is his role.
To have an opportunity for the public to comment on the establishment of a zone, which, again, is the Minister's discretion, is not a mandatory decision that is made after an Indigenous government proposes a zone, so I don't think that this impacts the ability of the new special relationships that have been established through zones.
I think that this is important for scrutiny, transparency, and allowing everyone to weigh in, including industry, including civil society, and hold a public representative of government making decisions on behalf of the public government to have those decisions appropriately scrutinized and held to a level of transparency that the public expects in 2019 as well. Thank you, Mr. Chair.
Thank you. To the motion. Mr. Nakimayak.
Thank you, Mr. Chair. Like other motions, I think that this is getting into the weeds of some of these clauses, and I think that it is a disrespect to Indigenous governments. Sometimes I am listening to this, and I am hearing that this might be mistaken with the Public Land Act. Correct me if I'm wrong, but it definitely sounds that way.
For the sake of effectiveness and expediency, I think that we need to really get to the point of this, stay on point, and focus on what is here. Thank you, Mr. Chair.
Thank you. To the motion. The mover has the right to last reply. Mr. O'Reilly.
Thanks, Mr. Chair. My job is to actually get into the weeds. That is why I am here. I tried to correct the Minister on this; I'm not disrespecting Indigenous governments. This does not take away from Indigenous governments by any stretch of the imagination. Those rights are already protected in other provisions in the bill. This is about affording the public an opportunity to comment on the establishment of regulations that would establish zones. The Minister doesn't even have to listen to whatever the public says. I could say something about how that has played out in the context of this public consultation around this bill, but there is nothing in here that is disrespectful of Indigenous governments by any stretch of the imagination. Thanks, Mr. Chair.