Debates of August 20, 2019 (day 87)

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Statements

Committee Motion 224-18(3): Bill 34: Mineral Resources Act – Amend paragraph 28(5)(a) Carried

Thank you, Mr. Chair. I'd like to move a motion that paragraph 28(5)(a) of Bill 34 be amended by striking out the "settlement lands" and substituting "a settlement area." Thank you, Mr. Chair.

Thank you, Minister. There is a motion on the floor. The motion is in order. The motion has been distributed. To the motion.

Speaker: SOME HON. MEMBERS

Question.

Question has been called. All those in favour? All those opposed? The motion is carried.

---Carried

Clause 28 as amended. Mr. O'Reilly.

Thank you, Mr. Chair. I'd like to know from the Minister if there are any provisions in section 28 that provide for a municipal government to receive notice of an application to record a claim, a mining claim? Thank you, Mr. Chair.

Thank you. Minister.

No. Thank you, Mr. Chair.

Thank you. Mr. O'Reilly.

Thank you, Mr. Chair. Can the Minister tell us why municipal governments were not included in those that could receive notice? Thank you, Mr. Chair.

Thank you. Minister.

Thank you, Mr. Chair. We see this motion as unnecessary as municipal or local governments are effectively already required to receive notice. All of the public would receive notice ---

Minister, there is no motion on the floor. The Member had a question in relation to the clause. There is no motion to discuss. Minister.

Thank you, Mr. Chair. The public would receive notice under section 28(4), and municipal or local governments would be able to access notice. Furthermore, we believe the positive obligation to circulate. That's it. Thank you, Mr. Chair.

Thank you. Mr. O'Reilly.

Thank you, Mr. Chair. Although community governments could obtain the information from the public registry, are there any legal impediments or particular reasons why municipal governments couldn't be given notice of request or record a claim within their boundaries? Are there any legal impediments to that happening? Thank you, Mr. Chair.

Thank you. Minister.

We leave positive obligation to circulation notices to Indigenous governments with territory overlapping the claim application area. Thank you, Mr. Chair.

Thank you. Mr. O'Reilly.

Thank you, Mr. Chair. Were there any discussions that the department had with community governments or NWTAC about how to avoid land use conflicts from happening in the future such as providing notice to community governments of claims staking within their boundary? Thank you, Mr. Chair.

Thank you. Minister.

Thank you, Mr. Chair. Not during public engagement, there was not any discussion on that or brought forward. Thank you, Mr. Chair.

Thank you. Mr. O'Reilly.

Thanks, Mr. Chair. That's great. I'm glad to hear that the Minister's department didn't actually hear any concerns about that one when they were preparing to work on the bill. This committee did hear that. We have raised that. Here is another policy issue that was live, raised to the committee, about how they would like to know what's going on within their boundaries. This is consistent with having good neighbour relationships, all that sort of thing that the Minister talked about in his opening remarks, but there's no provision in the bill.

Mr. Chairman, I'd like to move into the motion if I may.