Debates of February 14, 2012 (day 6)
MEMBER’S STATEMENT ON FEDERAL PROPOSAL FOR SINGLE LAND AND WATER BOARD STRUCTURE
Thank you, Mr. Speaker. The federal government’s proposal to collapse the regional land and water boards into one big board is disturbing, unnecessary and possibly unconstitutional.
The regional boards were created under claims processes to provide for regional and local control over the pace and scale of development. Federal negotiator Mr. Pollard says the proposed changes are needed to “meet Canada’s long-term interest of having a single land and water board structure.” Makes a nice sound bite, but a single board does nothing to meet the real problem: failure of implementation.
No less than five federal reports, two Auditor General reports, the 2008 McCrank Report and the 2005 and 2010 NWT environmental audits – the last completed less than one year ago – all contain concrete recommendations for improvements. These include the need to complete outstanding land and self-government processes, complete land use plans, provide adequate stable funding for boards, fund First Nation governments and community participation to meet constitutional consultation requirements, completion of a cumulative impact monitoring program and keeping board vacancies filled, at least so quorum can be met, are continually called for.
All these actions are under federal control. One big board is a proposal to fix something that isn’t broken but, rather, is hampered by the federal failure to meet its obligations.
Can change to boards even be done without opening claims agreements? First Nations signed claims agreements because regional boards gave the assurance of regional and local control. That was the deal. Regional First Nation governments may now wonder what the Crown’s promises are worth. The Akaitcho and Dehcho might ask how long covenants under their settlements would last.
The federal government has a legal duty to consult and accommodate First Nations’ concerns on any changes. I don’t see that happening in this case.
Meanwhile, we’re talking devolution. This government agreed to create mirror legislation replicating whatever regime exists at the time of transfer. You’d think that in good faith the federal government would seek our consent and include us as equal partners in any move to change the law we will inherit.
I will be asking the Minister of ENR on this government’s view on the need for one big board and how we’re making our views known to the federal government. Mahsi.
Thank you, Mr. Bromley. The honourable Member for Range Lake, Mr. Dolynny.