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. Deputy Minister, Ms. Kelly.

Speaker: MS. KELLY

Thank you, Madam Chair. We have access to upstream monitoring data, which allows us to have an early warning system of change. We can track changes in water quality coming from Alberta towards the Northwest Territories border. We also have the risk informed management approach where water bodies are classified based on risk. At the lower levels of risk, like a level 2, we have learning plans in place. As you move up to level 3, you set objectives. Level 4 is, if an objective is not met, the upstream jurisdiction does what they need to do to return the water quality, water quantity, or biology back to below the objective. Thank you, Madam Chair.

Thank you, Deputy Minister. Member for Frame Lake.

Thanks, Madam Chair. That is helpful, but I am still trying to understand. Are there some teeth to these agreements in that our government could dispute or ask an upstream developer, the upstream government, to stop or cease putting something into the water that is going to adversely affect us? Is that sort of authority found in the transboundary water agreements? Thanks, Madam Chair.

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

Thank you, Madam Chair. Again, for that detail, I will have to ask the deputy minister to provide the information. Thank you, Madam Chair.

Thank you, Minister. Deputy Minister, Ms. Kelly.

Speaker: MS. KELLY

Thank you, Madam Chair. The bilateral management committee is a venue for us to bring forward concerns. The agreement does not stop us from pursuing legal means. One of the important pieces of the master agreement is that each party to the agreement maintains the right to manage the use of water resources within their own jurisdiction, provided that they maintain the ecological integrity of shared waters.

In this case, if there was a development in Alberta that we were concerned about, we would use the bilateral management committee. If we could not agree at the bilateral management committee level, we would use the dispute resolution mechanism that is built into the transboundary agreement. If that still didn't get us where we needed to be, we are able to use legal means as necessary. Thank you, Madam Chair.

Thank you, Deputy Minister. Member for Frame Lake.

Thanks, Madam Chair. Yes. I understand all of that. I believe in transboundary water agreements, just in case anybody's wondering. I do think that there is some value in having them. I just question whether this is really going to protect our waters in ways in which we need. With Teck Resources, GNWT did not intervene in the environmental assessment of that project. Can I have some explanation as to why our government did not intervene? Thanks, Madam Chair.

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

Thank you, Madam Chair. We are talking some corporate history here. Again, I am going to ask the deputy minister to answer this question. Thank you.

Deputy Minister, Ms. Kelly.

Speaker: MS. KELLY

Thank you, Madam Chair. In the case of Teck Resources, the proposed Teck Frontier mine did not predict any impacts to water beyond the Peace-Athabasca Delta from the project. The EA panel did not find the potential significant adverse effects to water quality, quantity, or fish or fish habitat. We have the mechanisms through the bilateral management committee to engage in discussions and ensure that we have adequate monitoring of quality and quantity, that we are getting the data from Alberta coming towards the border so that we have an early warning system of change. That is the reason that we didn't participate in the environmental assessment process. Thank you, Madam Chair.

Thank you, Deputy Minister. Member for Frame Lake.

Thanks, Madam Chair. I appreciate the words of the deputy minister. She jumped straight to the conclusions of the joint review panel. I'm not sure I share all of the findings, or agree with them all, but I still don't understand why our government didn't take the opportunity to intervene in that proceeding. Given the interests of Indigenous governments, downstream water users, I'm still trying to understand why our government wouldn't use that process to intervene and express our interests. I don't think I've had an explanation, so I'll ask again: why didn't we intervene? Thanks, Madam Chair.

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

Thank you, Madam Chair. For that detail, I'll have to ask the deputy minister. Thank you, Madam Chair.

Deputy Minister Kelly?

Speaker: MS. KELLY

Thank you, Madam Chair. At the time, we were negotiating a transboundary water management agreement with Alberta that included the provisions that I have described so far for the bilateral management committee; notification or early warning system and additional monitoring, including at the border. We made the decision not to intervene, because we have that avenue for discussion with Alberta. In other cases, where we don't have a transboundary agreement with the jurisdiction, like [inaudible], we have intervened in those proceedings. Thank you, Madam Chair.

Thank you, Deputy Minister. We will move on to the Member for Yellowknife North.

Thank you, Madam Chair. I'm trying to get a sense of what we charge industrial users for using water. If someone has a Type A water licence and they're going to be using millions of litres of water, what would we charge them? Where is that set out?

Thank you, Member. Minister of ENR.

Thank you, Madam Chair. We don't have that detail. If the Member wishes, we have an overall picture, but if he wants that detail, we're willing to provide it for him. Thank you, Madam Chair.

Thank you, Minister. Member for Yellowknife North.

Thank you, Madam Chair. I recognize that there is a rather complex way we licence water and use water, and I'm fully supportive of our co-management system. I guess what I'd be looking for from the Minister is kind of a jurisdiction scan of what other jurisdictions charge industrial users for using their water. Ultimately, I think, if you charge people for water, then it incentivizes them to use less water and adopt newer technologies that would put water at less risk of being contaminated. So, if the Minister could provide that information. Thank you.

Thank you, Member. Minister of ENR.

Two things. The first question he asked, for a total, was $55,000. The second thing, regarding that, we've already provided that information to committee recently. If committee hasn't received it, it should be there, and if not, then we will make sure another copy is sent. Thank you, Madam Chair.

Thank you, Minister. Member for Yellowknife North.

Thank you, Madam Chair. Yes, committee has received that information. I guess I'm trying to get a little more public information on this. Can I confirm that $55,000 is the total amount we have received for all industrial users to use water in the Northwest Territories?

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

Thank you, Madam Chair. I understand the Member wants to make it public, and yes, he is correct; it is $55,000 moving forward. Thank you, Madam Chair.

Thank you, Minister. Member for Yellowknife North.

Thank you, Madam Chair. I guess my question is: how does that align with other jurisdictions? I mean, if we're only collecting $55,000, and there are millions of litres of water being used every years, is it possible to increase that fee?

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

To understand what I believe the question was, we're within range. We're within range across Canada. We've looked at that. We've looked at jurisdictional reviews, and we feel that the information is we're within that range right now. We don't have a desire to increase it or decrease it presently. Thank you, Madam Chair.

Thank you, Minister. Member for Yellowknife North.

Thank you, Madam Chair. That $55,000, would we know how much water that entitles industrial users to use?

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

Thank you, Madam Chair. It's very specific to the licence holders. Thank you, Madam Chair.

Thank you, Minister. Are there any further questions on this detailed item? No further questions. Please turn to 84. Environment and Natural Resources, water management and monitoring, operations expenditure summary, 2020-2021 Main Estimates, $9,591,000. Does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

We will move back to environmental protection and waste management, beginning on page 72 with information item on page 74. Questions on this section? Member for Frame Lake.

Thanks, Madam Chair. On page 73, there is a reduction in contract services for 2020-2021, and it's quite a drop from the previous years. Can I have an explanation? Thanks, Madam Chair.

Thank you, Member for Frame Lake. Minister.

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

Deputy Minister, Ms. Kelly.

Speaker: MS. KELLY

Thank you, Madam Chair. In previous years, this contract services pays for analytical testing that cannot be done by Taiga Labs and needs to be contracted out, so that's why we have some elevated numbers in previous years. It's also responsible for some of the equipment maintenance, which is why it's higher in previous years. Thank you, Madam Chair.

Thank you, Deputy Minister. Member for Frame Lake.

Thanks, Madam Chair. I'd like to move on to a different matter. As I understand it, the land and water boards set financial security through the water licencing, but recently, our government has refused to accept security put forward that includes both land and water. I'd like an explanation as to why and what the fix is. Thanks, Madam Chair.