Indigenous and Northern Affairs Committee on Dec. 5th, 2013

[The Chair, Conservative, Chris Warkentin]

Thank you.

We'll turn to Mr. Clarke now for the next round of questions.

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

Thank you Mr. Chair.

Thank you to the minister for coming in today.

Minister, I have a couple questions here. I'm hearing from the opposition, from Ms. Crowder, about consultation. My definition, or what I'm hearing, is that consultation has to be willing, and that individuals, or communities, or first nations participate. What I've seen taking place a lot is government trying to engage, but the parties ignoring it, hoping to be able to say that the duty to consult was not met. I find that very frustrating.

But the other question I have is regarding the Akaitcho, which also goes for some of my northern communities as well, especially the Athabasca Dene Nation in northern Saskatchewan, which has laid claims in the valley over some of the land there where they had one been. Both communities were touching so closely they overlapped into the other territories.

With this devolution of the Northwest Territories, will that affect any type of land claim that the Athabasca Dene Nation is making right now?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

No. The conditions of the devolution clearly protect the duty, the responsibility, or the possible claims of aboriginal groups in the territory and beyond. There's nothing here that can affect the comprehensive land claims process that is taking place right now.

As you may know, we have four groups negotiating. These negotiations will go on. I expect that as a result of devolution, it will create an impetus to maybe reach an agreement sooner.

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

I hope so, because according to the Athabasca Dene, they're saying that the Akaitcho are refusing to meet with them, and that's a big concern here.

To go to the second part of my question here on the urgency in adopting this devolution, can you please elaborate further on the urgency for this?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

As you know, our government's northern strategy and devolution focus on providing the Northwest Territories with control over their own political and economic decisions. Since the announcement of that strategy in 2007, these two initiatives—regulatory reform and devolution—have been following their independent and yet parallel path, with the objectives of local decision-making and the updating of the regulatory systems in the territory.

In June 2013, after 11 years of negotiations, the parties finally resolved all issues and are ready to proceed with the transfer of responsibilities and authorities pertaining to lands and resource management. I think it is incumbent upon our government to transfer to the people of the Northwest Territories a system of administration, management, and regulation that is complete, effective, efficient, and transparent and that meets the needs of the people of the Northwest Territories and other stakeholders for now and into the future.

I don't think there is any reason now to delay this any further. All parties have been working diligently to transfer these authorities on April 1, 2014. Northwest Territories residents expect it, and they want it now.

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

I'll transfer my remaining time to Mr. Leef.

[The Chair, Conservative, Chris Warkentin]

Mr. Leef, you have about a minute.

[Ryan Leef, Conservative, Yukon, YT]

Thank you, Chair.

You did touch on this after what Mr. Clarke was asking, and it's really in response to Ms. Crowder's comment about consultation not being stellar. Of course, our government and I think Canadians generally know that consultation isn't a lifelong process. I'm sure we'd all look forward to endless national strategies on devolution if the NDP were to have their way on this, but....

I find it interesting that the NDP will talk about supporting this. I certainly hope they vote for Bill C-15. It's the responsible thing to do.

But the other aspect of the devolution agreement in terms of supporting it is supporting the budgetary measures put in place to promote devolution, and the NDP have not supported any budgetary measures whatsoever to promote this devolution agreement.

Can you maybe just highlight what it is that the Government of Canada is doing and what the cost of devolution is in terms of the Government of Canada's investment in budget 2013?

[The Chair, Conservative, Chris Warkentin]

Could we get just a short answer? We're running out of time.

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Well, I was here not that long ago on the supplementary estimates. In the supplementary estimates (B) for 2013-14, there is $20 million to help us actualize this transfer, from which the Government of the Northwest Territories will benefit with a one-time payment, and also the aboriginal parties to the agreement will, to the tune of $4 million in a one-time transfer and then an ongoing $4.6 million per year to aboriginal government.

[The Chair, Conservative, Chris Warkentin]

Thank you.

We'll turn now to Mr. Bevington for a final question.

[Dennis Bevington, NDP, Western Arctic, NT]

I have just one question that reflects on devolution. Under the powers of the commissioner, it appears that the federal government has designated the commissioner as their point man in the Northwest Territories. The commissioner's duties far exceed what is listed in the Yukon Act. In Nunavut, interestingly enough, the commissioner also must take written instructions from the minister on all matters. That written instruction has to be filed with the executive council of the Nunavut government.

There's no similar provision in the Northwest Territories. In fact, the commissioner there also has the ability to hold up legislation for a year before signing it or not signing it, under the written authorization of the minister of the federal government. Why has the federal government insisted on such onerous provisions for a role which, in the provinces, is simply titular? It's the lieutenant-governor's role.

Has the minister not considered moving the commissioner's role to more of a lieutenant-governor role rather than point man for the Government of Canada in the Northwest Territories?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Yes, indeed, we have considered the matter and have decided not to do that.

[The Chair, Conservative, Chris Warkentin]

Thank you, Minister.

We appreciate taking time out of your day again this week to be with us. Of course, this is an important and historic piece of legislation.

Colleagues, we'll suspend now and be back in just a few minutes.

The meeting is suspended.

[The Chair, Conservative, Chris Warkentin]

We'll call this meeting back to order.

Colleagues, for the second hour we have the privilege of having representation from the Government of the Northwest Territories. I do want to thank Minister Miltenberger for being here; we appreciate your being here. We know that Premier McLeod would like to have been here; unfortunately, there was a tragedy in the family and he has gone back home to be with family. We certainly want to extend our condolences to the McLeod family during this time.

We also have Ms. Woodward joining us. Thank you so much for being here.

We'll turn it over to you, Minister, for your opening statement and then we'll have some questions for you.

[J. Michael Miltenberger, Deputy Premier and Minister of Environment and Natural Resources, Government of the Northwest Territories]

Thank you, Mr. Chairman, and the premier does extend his regrets and appreciates your comments.

Thank you for the invitation to address the House of Commons committee on aboriginal affairs. I'm pleased to be here to speak to you today about Bill C-15, Northwest Territories Devolution Act. Devolution of responsibility for public lands, resources, and water has been a priority for the people and Legislative Assembly of the Northwest Territories for many years. The Government of the Northwest Territories has worked closely with Canada in the negotiation of devolution and the development of implementation plans to effect the smooth and seamless transfer of these important responsibilities on April l, 2014.

Devolution promises to usher in a new era of prosperity and opportunity for the people of the Northwest Territories. Supported by an efficient, effective, and integrated regulatory regime, devolution will give northerners the necessary tools and authorities to responsibly develop the territories' significant natural resource potential, promote investment and economic development, and manage the land and environment sustainably.

Devolution will mark the culmination of a political evolution that began with the original creation of the Government of the Northwest Territories in 1967. For the first time, the people of the NWT will enjoy a level of self-determination and control over territorial affairs on par with that enjoyed by their fellow Canadians in the provinces and Yukon. Devolution will make good on the promise of 46 years ago, which we have secured through the ongoing development of a fully elected and representative legislative assembly that has steadily assumed responsibilities from Canada.

As we approach our 50th year, our government looks forward to strengthening its role as a contributing and vital member of Confederation, representing the unique views and priorities of all our people, including the aboriginal people who make up almost 50% of our population and are key participants in the political, social, and economic life of the territory. We have seven regional aboriginal governments in the Northwest Territories and are proud to maintain formal government-to-government relationships with them. We work hand in hand with our aboriginal government partners across the vast range of government decision-making. It is not just part of our consensus style of government, but also part of our consensus culture. When we signed the devolution agreement with Minister Valcourt last June, five of those governments joined us as co-signatories and we continue to work with the remaining two. This is how we do things. It is through ongoing, strong, and always respectful partnerships with aboriginal governments that we create strong communities, mutual trust and respect, and the good will that forges a strong territorial society. We will be strengthening these partnerships even further through devolution.

We are establishing an inter-governmental council that will bring together the public government and aboriginal governments to better work together and coordinate decisions on land use and development throughout the territory. The Government of the Northwest Territories has also offered to share up to 25% of the resource revenues we will collect under devolution with participating aboriginal governments. This is unprecedented in all of Canada, but reflects our commitment to ensuring that all the people of the Northwest Territories can share in the benefits of development in the territory. We believe the NWT can be a model for Canada, where aboriginal people actively support resource development because they have a meaningful role in decision-making and receive a fair share of the benefits.

In 1904, Prime Minister Wilfrid Laurier famously said that the 20th century belonged to Canada. Why did he say this? Because Canada had everything going for it that a young country would want: population growth, increasing industrial development, and immigration to further open up the prairies to agriculture. And to solidify Canadian sovereignty, the railroads were being built in one of the early unifying megaprojects of this great land. We appeared sheltered from the conflicts and tensions of Europe and the Far East. Canada as a country was on the rise.

Today, we have no doubt whatsoever that the 21st century belongs to the north. We are increasingly the centre of resource development, the storehouse of what the world wants and needs. Yesterday's so-called “hinterland” is today's economic engine, the fuel for our country's prosperity. Royalties from the mining and oil and gas extraction are paying for daycares, hospitals, and schools in the south. They are maintaining employment and generating prosperity across Canada, as an increasingly mobile labour force finds opportunities and well-paying jobs in northern communities. Never before do l recall such a time of potential and future prosperity facing the people of our territory.

We are the stewards of a great expanse of Canada's land mass. We are on the front lines of climate change. We see it first, before the scientists and satellites and statisticians. We are also the preserve of traditional knowledge, of the wisdom of centuries of people who know and understand how to manage a society and an economy in a sustainable and mutually respectful way. We will undertake balanced resource development to create jobs and protect the environment.

With responsibility for lands and resources, devolution will mean that northerners will take on new abilities to direct the economy of the territory and ensure that its residents benefit from development. We will take on new authority for managing the land and environment according to northern needs and priorities.

Devolution will also mean access to new revenues and a new measure of fiscal independence that the Government of the Northwest Territories can use to invest in the people of this territory, the economy, and the environment.

Make no mistake, for the Northwest Territories this is a game-changer. Devolution is the key to a new era of prosperity. We look forward to a future where northern priorities are reflected in resource development and environmental management decisions. We know our land. We know what matters to us. We have a vested interest in ensuring the long-term sustainability of our land. Our integrated co-management system will protect the economic, social, and cultural well-being of our people.

Bill C-15 is a major milestone for the Northwest Territories, but it is only the beginning of the end. The journey continues, and we look forward to the review that we have agreed will be done at the end of five years and the more complete transfer of powers to the Northwest Territories at that time. We will also have to continue to work on regulatory improvement.

Our government has always supported an efficient and effective regulatory regime that promotes investment, protects the environment, respects the land claims and provides for regional and community views to be heard. We know there are concerns about this aspect of the bill. We are confident, though, that by working with our aboriginal government partners through forums like the intergovernmental council that we are establishing, and continued partnership with Canada, we can address the concerns and implement a system that promotes prosperity and upholds the public interest.

Our time has come. It is time for northerners to make their own decisions about our economy, our environment, and our society. Devolution is critical to the long-term well-being and prosperity of the people of the Northwest Territories and of Canada, and the Government of the Northwest Territories supports the timely passage of this bill.

Thank you, Mr. Chairman.

[The Chair, Conservative, Chris Warkentin]

Thank you so much.

We'll begin the rounds of questioning.

We'll start with Mr. Bevington again.

Mr. Bevington, we'll turn to you for seven minutes.

[Dennis Bevington, NDP, Western Arctic, NT]

Thanks, Mr. Chair.

And thanks, Minister. It's a pleasure to have you in front of the committee.

I'll start off by asking whether in our formal committee hearings to be held in Yellowknife we can count on the Government of the Northwest Territories to give us more information at that time, because I know this has been a fairly rushed process for your coming here over the last week.

We're looking at formal hearings in Yellowknife towards the end of January. Will your government be participating?

[The Chair, Conservative, Chris Warkentin]

Minister.

[J. Michael Miltenberger]

Thank you, Mr. Chair.

Absolutely, Mr. Bevington. We anticipate that if the committee comes to the Northwest Territories, we'll be invited to the table and will be there and participate fully.

Thank you.

[Dennis Bevington, NDP, Western Arctic, NT]

Okay.

None of us around the table here is going to be opposed to the devolution section of this bill. We're all in agreement on it. There are some things that may require some amendments. I mentioned something about the commissioner's role. I also mentioned something about the federal government providing information to the Government of the Northwest Territories on these written instructions. There are a number of things like that that might come up as proposed amendments. But the real problem with this bill is the combining of the two.

Could you explain the process? The minister told us that the federal government only considered a request to speed up the process with the devolution agreement this year on condition, as I think you've discussed, that the regulatory changes also be put into effect. Is that correct?

[J. Michael Miltenberger]

Thank you, Mr. Chairman.

We agreed to the process. We asked to fast track it. We were very cognizant of October 3, 2015, which is about 665 days away, which is the next election for us. If we didn't do the implementation right away and instead had a further year's delay for the MVRMA, the process would have been stuck between elections and between governments. We were fully intent on moving this forward so it could be concluded within the life of the government. As part of the discussion with the federal government, we've come forward with the bill that's before you today, which we're looking for support to get passed.

[Dennis Bevington, NDP, Western Arctic, NT]

Was there any sense that the federal government said that if you want to move this bill forward in 2014, you have to include the regulatory changes that it was looking for, as the minister suggested in his statement?

[J. Michael Miltenberger]

What we have is a bill that contains both of those components. When we had our discussions, as the premier indicated this morning before the Senate committee, we came to an agreement on how we would move forward on this. This is a political priority for us. The federal government had some strong concerns about the regulatory regime. The result is the bill that's before this House.

[Dennis Bevington, NDP, Western Arctic, NT]

Now, with the aboriginal partners in the devolution agreement that you talk about, was there a sharing of this decision to join these two bills together? Were the aboriginal governments you were working in partnership with in agreement that these two bills should come together?