Debates of March 10, 2020 (day 16)

Date
March
10
2020
Session
19th Assembly, 2nd Session
Day
16
Members Present
Hon. Frederick Blake Jr, Mr. Bonnetrouge, Hon. Paulie Chinna, Ms. Cleveland, Hon. Caroline Cochrane, Ms. Green, Mr. Jacobson, Mr. Johnson, Mr. Lafferty, Ms. Martselos, Hon. Katrina Nokleby, Mr. Norn, 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, Minister. Member for Yellowknife North.

Thank you, Madam Chair. Now that we have this on-the-land unit developed, I was wondering if there were plans to update the Traditional Knowledge Policy.

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

Thank you, Madam Chair. We have actually already updated it, so now we are working on a traditional knowledge plan moving forward. Thank you, Madam Chair.

Thank you, Minister. Member for Yellowknife North.

Thank you, Madam Chair. Okay, so I guess I am confused. We have the Traditional Knowledge Policy, and can I get the clarification how this works? We also have a knowledge agenda action plan 2019-2024, which I believe is actually under EIA. Can I get some clarification on how the Traditional Knowledge Policy, the traditional knowledge implementation, and the knowledge agenda action plan work?

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

Thank you, Madam Chair. For that detail, I will turn, with your permission, to the deputy minister. Thank you, Madam Chair.

Speaker: MS. KELLY

Thank you, Madam Chair. The knowledge agenda and its action plan are an update from the science agenda so that it's not just science that we are looking at; it's traditional and local knowledge. It was developed in collaboration with many departments across the GNWT. One of the cross-cutting themes in the knowledge agenda is traditional knowledge. Thank you, Madam Chair.

Thank you. Member for Yellowknife North.

Thank you, Madam Chair. I guess my next question is: work began on the Forest Act in the last Assembly. This department also is responsible for a number of the devolution pieces of legislation, the Waters Act, EPA, very significant pieces of legislation and work to be doing. Given the rush to get a bunch of legislation done in the last Assembly, I was just hoping the Minister could speak to what legislation we can expect to come forward in this Assembly and whether it's adequately funded in this budget, or should we expect to see a supplemental to make sure all of that very important legislation gets done?

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

Thank you, Madam Chair. The last Assembly, some stuff was rushed, and we understand that, but within the first half of the 19th Assembly, ENR intends to bring forward amendments to the Waste Reduction and Recovery Act and amendments and consolidation of the Forest Management Act and the Forest Protection Act in the new Forest Act. During the second half, the 19th Legislative Assembly intends to bring forth amendments to the Environmental Protection Act and the Waters Act. Right now is regulation development under the Wildlife Act, the Protected Areas Act, and the Waters Act, and the proposed Forest Act, so we do have the resources right now to do the legislation that we are proposing to bring forth. Thank you, Madam Chair.

Thank you, Minister. Member for Yellowknife North.

Thank you, Madam Chair. I guess my next question, too, is: we as standing committee will be taking the Wildlife Act out on a legislative review; is the Department of ENR willing to provide assistance in that review that will be done by committee?

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

Thank you, Madam Chair. I know committee has resources and researchers available to do that. We are just waiting to see what the committee is asking for; so, if we can help them, we will. Thank you, Madam Chair.

Thank you, Minister. Member for Yellowknife North.

Thank you, Madam Chair. I appreciate that. Committee will reach out, and we will look forward to continuing to have those discussions. Especially ENR's legislation is at the heart of, really related to, Indigenous and Aboriginal rights. I was hoping the Minister could speak to the process we are going to use and whether all of these post-devolution kind of initiatives will be using a co-drafting process.

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

Thank you, Madam Chair. ENR does something a little bit different. It's not co-management. It's working with the Indigenous governments moving forward on our bills. For detail, though, I will ask, with your permission, the deputy minister to give you further detail. Thank you, Madam Chair.

Thank you, Minister. Deputy Minister Kelly.

Speaker: MS. KELLY

Thank you, Madam Chair. ENR plans to continue with the partnership drafting approach that was used during the 19th Legislative Assembly. ENR, ITI, and Lands, led by the Department of Executive and Indigenous Affairs, are collaborating and working to formalize a protocol to engage the intergovernmental council for the future development of lands and natural resources legislation. We also plan to pilot a collaborative engagement process with Indigenous governments and organizations, for the development of regulations that would be similar to the partnership approach we used in the 19th Legislative Assembly for legislation. Thank you, Madam Chair.

Thank you, Deputy Minister. Member for Yellowknife North.

Thank you, Madam Chair. I appreciate that that process will continue, and I look forward to hearing more about piloting it for regulations, too, because there are a number of very important regulations that this department has. I guess my other concern is, in using this process, what happens is there is a very confidential and arduous co-drafting process, and then it comes to committee and, ultimately, through this House. As is the nature of public government, we can change whatever we want. I think that it can lead to some tension and some misunderstanding of who ultimately controls legislation in this process, so I was hoping the Minister could commit to, as that process is going on, providing regular updates to committee on the relevant issues in some of the places so that we don't just get a bill and not know what exactly has been extensively negotiated, so providing some of that, what is being discussed at the co-drafting table to committee.

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

Thank you, Madam Chair. First and foremost, it's not co-drafting; it's a partnership, working with the Indigenous governments. However, in saying that, yes, it's about working together, so we will make that commitment to provide further updates on a regular basis as we move forward so that we all work together for a good act and bill, moving forward, for all residents of the Northwest Territories. Thank you, Madam Chair.

Thank you, Minister. Are there any further questions on this activity? Seeing no further questions, please turn to page 69. Environment and Natural Resources, corporate management, operations expenditure summary, 2020-2021 Main Estimates, $14,464,000. Does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Thank you. We will move on to protection and waste management. Minister.

Thank you. With your permission, I would like to bring our acting assistant deputy minister, Nathen Richea, in and replace the acting assistant deputy minister, Mr. Elkin. Thank you, Madam Chair.

Thank you, Minister. Sergeant-at-Arms, would you please escort the witness out and in? We will go over activity, water management and monitoring beginning on page 83, with information items on page 86. Questions. Member for Yellowknife North.

Sorry. I need a minute. You threw us off by changing the order.

Member O'Reilly, are you ready? Member for Frame Lake, I will have you go first. Member for Frame Lake.

Thanks, Madam Chair. I guess I would like to ask the Minister: there was a lot promised in the last Assembly about completing all the transboundary water agreements, but I don't think anything was actually signed. Can someone confirm that for me?

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

Thank you, Madam Chair. For further detail, I will ask, with your permission, the deputy minister to answer that question. Thank you.

Speaker: MS. KELLY

Thank you, Madam Chair. We have a signed agreement with Alberta, a signed agreement with British Columbia. We have an intentions document that is ready to go out for consultation in the coming weeks with the Yukon, updating our 2002 agreement. We are still in discussions with Saskatchewan. Nunavut has alerted us to the fact that they would like to finish their water stewardship strategy and, then, begin engaging in discussions about a transboundary water management agreement. Thank you, Madam Chair.

Thank you, Deputy Minister. Member for Frame Lake.

Thanks, Madam Chair. That is good information to have, but I don't think it really answered my question, which was: what was accomplished in the last Assembly with regard to these agreements? I am just going to leave that. We had a lot of discussion in the House and outside of the House about the Teck Resources project. The Minister had indicated that the transboundary water agreement with Alberta was going to protect us in some way. Could the Minister actually give us an explanation as to how that agreement will protect us from upstream development in the future? Thanks, Madam Chair.

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

Thank you, Madam Chair. For that detail, I will, with your permission, ask the deputy minister to provide that information. Thank you.

Deputy Minister, Ms. Kelly.

Speaker: MS. KELLY

Thank you, Madam Chair. Under the Mackenzie River transboundary waters master agreement, there is agreement among all Mackenzie River basin board jurisdictions to work together to maintain aquatic ecosystem health; manage water use sustainably for present and future generations; respect the rights of each jurisdiction to manage water in its own use; provide early consultation and notification; and resolve issues cooperatively and harmoniously.

In our transboundary agreement with Alberta, we have used the water stewardship strategy that was developed collectively with Indigenous governments as our interests, and we have an agreement that includes a bilateral management committee that facilitates joint implementation of the agreement that classifies transboundary waters, establishes learning plans, and sets monitors and assesses the meeting of transboundary objectives. It also shares information and provides notification and consultation.

Our agreements include water quality and quantity objectives and monitoring and triggers for quality, quantity, and biology, as well, and learning about ground water, as well as including traditional knowledge in decision-making and classifying water bodies. Thank you, Madam Chair.

Thank you, Deputy Minister. Member for Frame Lake.

Thanks, Madam Chair. Yes. I have read the agreements, as well. I understand that there is some information sharing, monitoring, and so on that is required, early notice of, perhaps, activities that might be happening upstream. What is actually in there to prevent changes to water quality and water quantity in a way that is going to adversely affect residents and the environment in the Northwest Territories? Thanks, Madam Chair.

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

Thank you, Madam Chair. At this point in time, I will ask the deputy minister to answer that question in detail. Thank you, Madam Chair.