Thank you, Mr. Speaker. My questions are for the Minister of Environment today and I would like to follow up on the Minister’s refusal to our citizens’ request to investigate the issue of unknown fracking chemicals being released into the environment.
While on a fracking tour, we learned that not only are the chemicals that are injected in the wells often not disclosed, but that under the intense pressure and heat found deep in these wells, the injected chemicals react with each other and with the stuff that is in the ground and create new chemicals.
Is the Minister of the Environment aware that what goes down is not necessarily the same as what comes back up? Mahsi.
Thank you, Mr. Bromley. Minister of Environment and Natural Resources, Mr. Miltenberger.
Thank you, Mr. Speaker. I believe so, especially based on the edifying comments and statements I’ve listened to the Member make in this House over the last couple of weeks about the issue of fracking, the trips and some of the particulars as it relates to those particular practices. Thank you.
Thank you. Great to hear the Minister was listening. Section 2.(3) of the NWT Environmental Rights Act states: “Where there is a conflict between the terms of this act and the terms of any other enactment, this act shall prevail to the extent of the conflict.” The approvals given under the MVRMA do not demonstrate that the release of the unknown chemicals into the environment is safe.
Is it not clear to the Minister that there is a conflict here and the environmental rights of NWT citizens should prevail? Mahsi.
Thank you. In regard to the first part of the Member’s comment and question about which law would prevail, it relates to other territorial legislation. When there’s territorial legislation and federal legislation, then it has paramountcy. It overrules territorial legislation. That’s one issue.
The other issue is I’m convinced that the process that was put in place to approve those two wells, those two applications, was under the NEB, what’s voluntary and what they say in the questions part of their filing is they fully expect the proponents to disclose, which they’ve done. At the same time, we are currently, as well, as a government, working on our own fracking guidance document, which we have shared with the committee and we want to make sure we have the best practices there that will capture those specific concerns. Thank you.
Thank you. Such power. The Minister can shove aside the environmental rights of our citizens at his will.
Under Section 4.(4) the Minister is obliged to carry out an investigation and that the only reason that the Minister may discontinue an investigation is whereas per section 4.(6) “the Minister is of the opinion that the release or the likely release does not constitute a threat to the environment.”
Is the Minister of the opinion that the release of unknown contaminants into the environment does not constitute a threat to the environment and the public trust? Mahsi.
Thank you. What I am satisfied with is that we have a process under the Mackenzie Valley Resource Management Act, with the boards, with the environmental assessments that were done, the Sahtu Land and Water Board, with the NEB that addressed the issues, that we have a piece of legislation that pre-dates those acts. It does not have the ability to overrule federal legislation just from a legal point of view, and even if it did, I don’t believe that would be a requirement because I don’t think there are the concerns raised by the Members. I think it’s been covered by the NEB, by their document, by their new filings, and as we move forward there will be continued full disclosure, and as we take over we will be putting in place those best practices as well. Thank you.
Thank you, Mr. Miltenberger. Final, short supplementary, Mr. Bromley.
Thank you. Clearly, the Minister is breaching through smoke and mirrors now. The NWT Environmental Rights Act is clear. The Minister is obliged to investigate the environmental rights of our citizens in our own legislation for the Northwest Territories people. We all know that in spite of talk of best practices, things don’t always go according to plan. When something does happen, how will he explain to NWT taxpayers that they are on the hook for a polluted lake and that he refused to even investigate when he had a legal obligation to do so? Hopefully it’s as small a concern as that. Mahsi.
Thank you. Those concerns are captured in the approvals and in all the conditions that were attached through the approvals for those two projects. Thank you.
Thank you, Mr. Miltenberger. The Member for Nahendeh, Mr. Menicoche.
