Thank you, Madam Chair. I would like to make a motion. I move that the definition “holder” or “interest holder” in the English version of clause 1 of Bill 11 be amended by striking out “under Part;” and substituting “under Part 8;”. Thank you.
Thank you, Mr. Miltenberger. The motion is in order. Mr. Miltenberger.
[Microphone turned off] …correct a typographical error in the definition “holder” or “interest holder” as the number of the part referred to had been omitted.
Thank you, Mr. Miltenberger. To the motion.
Question.
Question is being called. The motion is carried.
---Carried
Clause 1, as amended.
Agreed.
Clauses 2 to 10.
---Clauses 2 through 10 inclusive approved
Clauses 11 to 20.
---Clauses 11 through 20 inclusive approved
Clauses 21 to 30.
---Clauses 21 through 30 inclusive approved
Clauses 31 to 40.
---Clauses 31 through 40 inclusive approved
Clauses 41 to 50.
---Clauses 41 through 50 inclusive approved
Clauses 51 to 60.
---Clauses 51 through 60 inclusive approved
Clauses 61 to 70.
---Clauses 61 through 70 inclusive approved
Clauses 71 to 80.
---Clauses 71 through 80 inclusive approved
Clauses 81 to 90.
---Clauses 81 through 90 inclusive approved
Clauses 91 to 100.
---Clauses 91 through 100 inclusive approved
Clauses 101 to 104.
---Clauses 101 through 104 inclusive approved
Thank you. To the bill as a whole.
Agreed.
To the bill as a whole as amended.
Agreed.
Does the committee agree that Bill 11 is ready for third reading as amended?
---Bill 11 as a whole as amended approved for third reading
Thank you, committee. Moving on to Bill 13, Devolution Measures Act. Opening comments, Premier McLeod.
Thank you for the opportunity to speak to Bill 13, Devolution Measures Act. The passage of this legislation is one more step towards implementing the Northwest Territories Lands and Resources Devolution Agreement.
The Devolution Measures Act makes consequential amendments to almost two dozen territorial statutes in order to give effect to the Devolution Agreement and to address ambiguities or gaps that could arise from legislative initiatives required for its implementation.
The Devolution Measures Act amends several territorial statutes to reflect variations between the current Northwest Territories Act and the proposed new version contained in Bill C-15, the Northwest Territories Devolution Act. In particular, the Devolution Measures Act applies the more modern terminology in the proposed Northwest Territories Act, and updates cross-references to that proposed statute in territorial legislation. In addition, the Devolution Measures Act imports a provision from the current Northwest Territories Act respecting the detention of prisoners, and inserts it into the territorial Corrections Act to ensure against a legislative gap.
The Devolution Measures Act also updates cross-references in several existing territorial statutes to federal legislation that is being mirrored in implementing the Devolution Agreement, and the bill modifies the Financial Administration Act to integrate the public bodies continued by the mirroring legislation.
Finally, the Devolution Measures Act makes legislative amendments that have been identified as being legally necessary to implement the Devolution Agreement.
While the Devolution Measures Act focuses only on territorial statutes, similar consequential amendments are required in respect of a variety of territorial regulations, and these amendments are being made by the appropriate regulation-making authorities in the usual manner.
The parties to the Devolution Agreement entered into a Protocol for Review of Devolution Legislation. Under this protocol, all parties have had the opportunity to review and comment on this legislation before it was introduced in the Legislative Assembly.
I would be pleased to answer any questions Members may have. Thank you.
Thank you, Premier McLeod. I’ll ask the Premier if he would like to bring witnesses into the Chamber.
Yes, I would, Madam Chair.
Thank you, Premier McLeod. Does the committee agree?
Agreed.
Thank you. I’d ask the Sergeant-at-Arms to please escort a new witness to the table.
For the record again, Mr. Premier, could you please introduce your witnesses.
Thank you, Madam Chair. To my right I have Thomas Druyan, legislative counsel, Department of Justice. To my left I have Jamie Fulford, legal counsel with the Department of Justice. Thank you.
Thank you, Premier McLeod. Bill 13, Devolution Measures Act. General comments. Mr. Bromley.
Thank you, Madam Chair. Just on this and the subsequent bills here today, has the GNWT consulted with the Aboriginal governments regarding the contents of these bills?
Thank you, Mr. Bromley. Premier McLeod.
Thank you, Madam Chair. In every instance these bills were shared with our Aboriginal government partners for input and for feedback. Thank you.
Thank you. I note that Bills 13, 16 and 17 are not mirror legislation. So I’m wondering why we’re only seeing these bills now. Could they not have gone through some form of public review and consultation?
Thank you, Mr. Bromley. Mr. Fulford.
Madam Chair, unfortunately, with Canada’s legislative process in Bill C-15, many of the changes to the mirror legislation were not known until relatively recently and so we could not know with any certainty what further consequential amendments would be required to the GNWT’s suite of legislation. So that’s why you saw the first three bills, Bills 1, 2 and 3, we were able to come out of the gate quickly with those because they didn’t depend on any of the content of Bill C-15. With everything else, to a greater or lesser extent or just as a precautionary measure, we had to assume that further changes could be required. So everything else had to come later. Thank you.
Thank you, Mr. Fulford. Mr. Premier.
Further to that, Madam Chair, Bills 16 and 17 were not finalized until a couple of weeks ago. Thank you.
Thank you, Premier McLeod. Mr. Bromley.
Thank you, Madam Chair. And yet we’ve heard that they’ve fully consulted with all of our Aboriginal partners. So, for this government not to have consulted with committee on this I regard as a major shirking of the responsibility of this government and I’m very upset about that. These are not mirror legislation. So, obviously, the Premier claims we have a consensus government here and clearly we do not. He has even said in their statement, all parties to the agreement. Clearly, we’re not regarded as a party to this agreement and neither is the public. So I just want to very clearly stress how shabby I think that process has been.
Specifically on Bill 13, Section 6 of the bill, somehow changes how legislators dissolve through an election, and if there is some clarity that can be provided to that. It’s probably a simple thing, but I don’t understand it. And I have a couple other questions. Thank you.
Thank you, Mr. Bromley. Premier McLeod.
Thank you, Madam Chair. Bill 17, the Northwest Territories Resources Revenue Sharing Agreement, was an agreement that was negotiated amongst the Aboriginal governments themselves for their share or their agreement. The second part to his question, I’ll ask Mr. Thomas Druyan, through you, Madam Chair, to respond.
Thank you, Mr. Premier. Mr. Druyan.
Thank you, Madam Chair, and thank you to Member Bromley. There were two major changes to the wording in this. One was to change the references to the Federal Governor or General-in-Counsel to the Commissioner and the other one was to change the references from 9 sub 3 to 11 sub 1 of the proposed federal Northwest Territories Act. Thank you.
Thank you. Did you want to just state that last comment if you could put it on the record, please, Mr. Druyan just about the changes? Mr. Druyan.
Sorry, Madam Chair, you’d like me to repeat that?
Just the last bit, please.
