Debates of March 5, 2020 (day 15)

Date
March
5
2020
Session
19th Assembly, 2nd Session
Day
15
Members Present
Hon. Frederick Blake Jr, Mr. Bonnetrouge, Hon. Paulie Chinna, Ms. Cleveland, Hon. Caroline Cochrane, Ms. Green, Mr. Jacobson, Mr. Johnson, Ms. Martselos, Hon. Katrina Nokleby, Mr. O'Reilly, Ms. Semmler, Hon. R.J. Simpson, Mr. Rocky Simpson, Hon. Diane Thom, Hon. Shane Thompson, Hon. Caroline Wawzonek
Topics
Statements

Thank you, Member for Frame Lake. Minister of Lands.

Thank you. It is a flow-through from the federal government. Thank you, Madam Chair.

Thank you, Minister. Member for Frame Lake.

Thanks, Madam Chair. Is this a contribution agreement that just covers the Northwest Territories Surface Rights Board, or is it a part of a broader contribution agreement that covers a whole variety of devolution activities? Thanks, Madam Chair.

Thank you, Member for Frame Lake. Minister of Lands.

Thank you, Madam Chair. It is for one specific agreement. Thank you, Madam Chair.

Thank you, Minister. Member for Frame Lake.

Thanks, Madam Chair. Has the Minister actually had any communications whatsoever with any of the Indigenous governments over the need for this board to continue? Thanks, Madam Chair.

Thank you, Member for Frame Lake. Minister of Lands.

Thank you, Madam Chair. No, I have not. Thank you, Madam Chair.

Thank you, Minister. Member for Frame Lake.

Thanks, Madam Chair. Given that we have already started to make some reasonable in-roads into the free entry system under the Mineral Resources Act where Indigenous governments are going to get notice of people wanting to stake claims, there may be requirements around work plans for work to be conducted as part of mineral exploration and given to Indigenous governments. I am just wondering why we continue to have this colonial structure in place, and is the Minister prepared to look at whether we need to continue this Surface Rights Board? Thanks, Madam Chair.

Thank you, Member for Frame Lake. Minister of Lands.

Thank you, Madam Chair. Yes, we will look at it moving forward. Thank you, Madam Chair.

Thank you, Minister. Member for Frame Lake.

Thanks, Madam Chair. Do we actually have an agreement in place for the funds to come from the federal government for this expenditure? Thanks, Madam Chair.

Thank you, Member for Frame Lake. Minister of Lands.

Thank you, Madam Chair. Yes, we do. Right now, we are renegotiating with the federal government. Thank you, Madam Chair.

Thank you, Minister. Member for Frame Lake.

Thanks, Madam Chair. Do we actually have an agreement in place right now to cover these expenses that are going to be incurred in the new year? Thanks, Madam Chair.

Thank you, Member for Frame Lake. Minister of Lands.

Thank you, Madam Chair. We have received interim funding for one year. Thank you, Madam Chair.

Thank you, Minister. Member for Frame Lake.

Thanks, Madam Chair. What happens if there is no arrangement reached? Do we have to keep paying for this ourselves, then, out of our own funds? Thanks, Madam Chair.

Thank you, Member for Frame Lake. Minister of Lands.

Thank you, Madam Chair. The Financial Management Board has directed us to go back to them if we are not able to renegotiate with the federal government. Thank you, Madam Chair.

Thank you, Minister. Member for Frame Lake.

Thanks, Madam Chair. I know the clock is ticking down. I really do want to urge the Minister to look at the need for this. I don't think there is a need for it anymore, and it needs to be rejigged in a way that recognizes legitimate rights of people who have surface interests, whether they are Indigenous or not. I just think that this kind of colonial approach needs to be revisited and probably done away with. Thanks, Madam Chair.

Thank you, Member for Frame Lake. Minister of Lands.

Thank you, Madam Chair. I have already made a commitment to the Member that we are going to look at it, and that is exactly what we are going to do. Thank you, Madam Chair.

Thank you. Member for Yellowknife North.

Thank you, Madam Chair. I am aware of a number of Indigenous leaders who have directed their citizens to not pay their lease fees, whether it be equity or otherwise. Can I have the Minister update me on the department's current approach to lease fees when a person has been directed by their leadership to not pay them?

Thank you, Member for Yellowknife North. Minister of Lands.

Thank you, Madam Chair. There are rights-based cabins. We are working with Indigenous governments to identify the rights-based cabins. If people are out there saying, "Don't pay it," I would strongly encourage their leadership and the residents of the Northwest Territories to pay their lease fees moving forward. Again, if they feel that they have rights-based cabins, please identify that with us, and we are willing to work with them. Thank you, Madam Chair.

Thank you, Minister. Member for Yellowknife North.

Thank you, Madam Chair. One of my concerns is that all are a number of rights-based cabins. There are even people's houses within municipal boundaries who are being directed by their leadership to not pay the fees. I question why this is being dealt with in the Department of Lands. My question is: if we are going to have true nation-to-nation relationships and Indigenous governments are taking a position to not pay lease fees, is this not something that would be better suited and dealt with by Executive and Indigenous Affairs?

Thank you, Member for Yellowknife North. Minister of Lands.

Thank you, Madam Chair. It is a legal agreement. It is a document signed by people, so it is a legal document. If it is a rights-based cabin, we are asking people to identify that. If it is part of the process that they are working on with EIA, that is something that their leadership needs to work on with them. With Lands, we have a legal agreement with our residents of the Northwest Territories, and we need to follow this agreement. Thank you, Madam Chair.

Thank you, Minister. Member for Yellowknife North.

Thank you, Madam Chair. If someone comes forward and identifies that it is a rights-based cabin, do we then not charge them lease fees?

Thank you, Member for Yellowknife North. Minister of Lands.

Thank you. Right now, it is something that we are working through. We have actually made a commitment that we are putting it to the side right now. We are working through it. We want people to identify rights-based cabins. Then we put it aside, and then we will work on that later on, because we have other issues that we are trying to deal with. Thank you, Madam Chair.

Thank you, Minister. Member for Yellowknife North.

Thank you, Madam Chair. It appears that was a no. I guess my question is: if someone comes forward and identifies a rights-based cabin, we are going to put it aside, but we are going to continue to charge them? I know a number of people have been receiving letters in the territory. Would the Minister be willing to, once something is identified as a rights-based cabin, remove the lease fees related to it?

Thank you, Member for Yellowknife North. Minister of Lands.

Thank you. I think I am going to get my assistant deputy minister to elaborate further on this because I guess I am not getting the message clearly out there. Thank you, Madam Chair.

Speaker: MR. BAETZ

Thank you, Madam Chair. I think one of the challenges that we are facing at the moment is something as simple as clearly defining what a rights-based cabin is. I think depending on where you are in the territories, whether you are in the southern part or whether you are in the far northern part, different people have different ideas of what a rights-based cabin or what a rights-based camp is. We are currently working with other government departments to try to begin a process where we can help define. I think there is also some important work that is coming up in terms of working with other Indigenous organization to help us define what a rights-based cabin is so that we have a logical and methodical approach going forward.

Some cabin owners are entered into a lease with the GNWT. That, I think, is what the Minister was referring to with respect to a legal contract that people have entered into with the GNWT, that we are trying to ensure that we can hold people to or hold people to account for the commitment that has been made with respect to the lease that they have entered into. Thank you, Madam Chair

Thank you, Mr. Baetz. Minister of Lands.

Thank you, Madam Chair. Also, people have to understand that there is a difference between land lease fees and taxation issues. Thank you, Madam Chair.