Debates of March 7, 2023 (day 147)

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Question 1442-19(2): Surety Bond Review

Merci, Monsieur le President. My questions are for the Minister of Lands. The department has placed top priority in our requests from the mining industry to use surety bonds as an acceptable form of financial security. Ernst & Young were sole sourced for $230,000 to tell the government that surety bonds are good financial security.

Can the Minister tell us whether the report is finished and will be released publicly? Mahsi, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Member for Frame Lake. Minister responsible for Lands.

Thank you, Mr. Speaker. Mr. Speaker, the GNWT led by the Department of Lands has hired a consultant, as the Member has said, EY Consulting Services, to conduct research on surety bonds as a form of reclamation security. This information will inform decisions on the form of securities that the GNWT may consider. EY has now completed their research and identified some draft findings, and the final report will be made available publicly once it is finalized by EY. Thank you, Mr. Speaker.

Merci, Monsieur le President. I want to thank the Minister for that. Of course I probably should have squeezed in when is it going to be released? But our government is poised to accept surety bonds without a real plan to prevent further public liabilities like Giant Mine, Cameron Hills, Mactung, Ptarmigan Mine, and more. Can the Minister tell us when GNWT will change its approach to financial security and regularly accept surety bonds? Mahsi, Mr. Speaker.

Thank you, Mr. Speaker. Mr. Speaker, using EY's draft findings, the GNWT is working on guidance which will provide industry with clarity regarding the form of the security that GNWT will accept in the future. I will inform MLAs on this guidance when it has been completed. Thank you, Mr. Speaker.

Merci, Monsieur le President. I want to thank the Minister for that. It's been radio silence on any public engagement on the development of Public Land Act regulations that will deal with financial security and other matters. Nothing has been done on public engagement since the release of the "what we heard" report in May 2021. That's 20 months ago, Mr. Speaker.

Can the Minister tell us when his department will start the promised phase two of public engagement and finally set up the stakeholder advisory committees? Mahsi, Mr. Speaker.

Thank you, Mr. Speaker. I thank the Member for the question. The Public Land Act regulations are near the end of the drafting process. The Department of Lands is working collaboratively with Indigenous or Intergovernmental Council Secretariat partners and the Department of Justice to prepare regulations that meet the needs and desires of the public in the Northwest Territories. Stakeholder engagement is anticipated to continue into the late spring of 2023. Public engagement and section 35 consultation with Indigenous governments and Indigenous organizations, it's also anticipated to occur into the late spring of 2023. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Minister. Final supplementary. Member for Frame Lake.

Merci, Monsieur le President. I want to thank the Minister for that. I just don't really understand why the work with the Intergovernmental Council can happen in parallel with public engagement. This department and others just seem to leave the public engagement to the very end of the process. By then all the important decisions are made; it's too late.

So, you know, can the Minister tell us if there is actually going to be any meaningful public engagement on the development of the Public Land Act regulations including the forms of acceptable financial security? Mahsi, Mr. Speaker.

Thank you, Mr. Speaker. Mr. Speaker, as I mentioned, stakeholder engagement is anticipated to continue into late spring of 2023. Public engagement and section 35 consultation with Indigenous governments and Indigenous organizations is anticipated to occur until the late spring of 2023. The public land use regulations will establish accessible forms of security for disposition of public lands. Mr. Speaker, we are working on trying to get this done by the end of this sitting. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Minister. Oral questions. Member for Inuvik Twin Lakes.