Madam Speaker, I am pleased to report that we continue to make progress on devolution, one of this Assembly’s major priorities.
Recently we saw the leaders of the Sahtu step forward to re-engage directly in devolution negotiations with the Government of the Northwest Territories, Canada, the Inuvialuit and Northwest Territory Métis Nation by signing the Agreement-in-Principle.
As the MLA for Sahtu has noted, the best way to influence negotiations is to be at the table. The devolution process is only made stronger with the Sahtu back at the table.
We hope to welcome other Aboriginal governments back to the negotiating table. There is a place for each of them there and they also will have the option of signing on to the Final Agreement, if they wish to do so.
This government has been working hard to engage with Aboriginal leadership and build respectful relationships with Aboriginal governments. I know that we may not always agree on every issue, but I want to extend my appreciation to the Aboriginal governments that we have been meeting with, for their willingness to engage in respectful dialogue, build understanding of our respective priorities and concerns and to find common ground.
It has now been 16 months since we signed the Devolution AIP. We continue to make progress and hope to conclude negotiations by this fall.
Madam Speaker, devolution is about bringing decision-making over public lands and resources, and rights in respect of water home to the Government of the Northwest Territories. It is about having a more accessible, accountable and responsive government making important decisions around land and resource management. It is about bringing those decisions closer to the people most affected by them. This is something that is long overdue.
Through devolution, greater direct benefits from land and resource development will flow to the people of the Northwest Territories. We will also have access to resource revenues we do not currently receive. If the net fiscal benefit provisions outlined in the Devolution AIP were already in place, an additional $62 million would be available to us this year alone. That is money that we could use to directly benefit the people of the Northwest Territories. That is money that could fund education, health care, environment stewardship and infrastructure in our communities and many other priorities of this House. Without devolution, these resource royalties will continue to flow to Ottawa.
Working cooperatively with Aboriginal governments who also own and administer their settlement lands is a key feature of our devolution discussions. Chapter 6 of the AIP provides for an intergovernmental forum that would let our governments work together on managing lands and resources in the territory. With participating Aboriginal governments, we are finalizing an agreement that will fulfill this vision. We are also working on a resource revenue sharing agreement that will give Aboriginal governments 25 percent of the net fiscal benefit the Government of the Northwest Territories will receive each year. This will be over and above any resource royalties they collect directly from their own settlement lands. And of course, all citizens – including Aboriginal residents – will benefit from the remaining 75 percent of the net fiscal benefit.
Madam Speaker, it is important to say again that devolution will not interfere with settled claim agreements or those that are under negotiation. In unsettled areas, Aboriginal governments will continue to identify public lands for selection in their land claims, just as they do now. Devolution is not about Aboriginal rights; it is not about treaty rights; it is not about self-government rights; it is about transferring authority over public lands and resources, and rights in respect of water, from the Government of Canada to the Government of the Northwest Territories. Aboriginal and treaty rights will continue to be recognized and applied after devolution just as they are now.
As we work on concluding negotiations and preparing for implementation of devolution, we know that there will be challenges. Resources and effort must be invested in implementation planning in order to meet our objective of seeing as smooth a transition as possible under devolution. With the support of this House, we are laying the ground for a successful transition. Early implementation planning work is well underway and will provide a solid foundation for us to build upon.
As Members know, implementation will require legislative changes. Federal legislation that is currently in place governing land and resource management in the Northwest Territories will need to be amended or repealed by Parliament in order to make room for this Assembly to pass laws governing land and resource management.
In order to implement devolution as smoothly as possible, the AIP makes reference to the Government of the Northwest Territories “substantially mirroring” existing federal legislation. This will allow for certainty and a smooth transition for stakeholders, as well as for staff who will be joining the Government of the Northwest Territories public service, who are familiar with the existing legislative framework.
Special consideration needs to be given to the Mackenzie Valley Resource Management Act. This is unique legislation. It embodies commitments made in the Gwich’in Comprehensive Land Claim Agreement, the Sahtu Dene Metis Comprehensive Land Claim Agreement and the Tlicho Agreement. Those agreements set the model for environmental review and assessment in the Mackenzie Valley and the key features of that legislation must remain consistent with the commitments made in the claims. Devolution will not and cannot undo the commitment to have an integrated system of land and water regulation as set out in these modern, constitutionally protected treaties.
In Yukon, the Yukon Environmental and Socio-Economic Assessment Act remains federal legislation, with the Yukon government assuming virtually all operational responsibility for that act under a delegation. This type of approach, referred to as delegated authority, preserves the option of drawing down legislation at a later date, but allows for immediate operational authority for the regulatory system. This option is under consideration, and certainly appears to be working well for Yukon, but we will have to weigh the pros and cons carefully. We also need to consider the time that would be required to mirror the Mackenzie Valley Resource Management Act and whether doing so could run the risk of delaying devolution, particularly since amendments to the Mackenzie Valley Resource Management Act are under consideration by Canada at this time, as part of the national regulatory improvement initiative. Ultimately, we will need to find an approach that works best for the people of the Northwest Territories.
As I just mentioned, Canada’s regulatory improvement initiative is underway. The Government of the Northwest Territories shares Canada’s objective of improving the effectiveness and efficiency of the Northwest Territories regulatory system. We need only look at our sister territories in Yukon and Nunavut to see the difference that a clear, efficient and stable regulatory system can make in stimulating and attracting the mining sector, and the resulting economic benefits. Although regulatory improvement is a nation-wide initiative driven by the federal government, we are working to ensure that northern views are heard and understood in that process. Madam Speaker, I am pleased to report that Canada has been receptive to receiving our suggestions, and we will continue to work with the federal government and Aboriginal governments to improve regulatory processes in the Northwest Territories.
Achieving devolution will be the culmination of decades of work by this government. It will bring tremendous benefit to all residents of the Northwest Territories and this government will achieve it.
Devolution is, of course, a subject that I frequently raise in my conversations with the Prime Minister and Minister Duncan, and the federal government continues to support devolution as a pillar of the Conservative government’s Northern Strategy.
With the continued support of Members of this House, devolution may soon be a reality. Thank you, Madam Speaker.
Thank you, Mr. McLeod. The honourable Minister for Industry, Tourism and Investment, Mr. Ramsay.
