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MINUTES OF PROCEEDINGS

Meeting No. 26

Tuesday, October 30, 2001

The Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources met at 3:20 p.m. this day, in Room 536, Wellington Building, the Chair, Raymond Bonin, presiding.

Member(s) of the Committee present: Larry Bagnell, Raymond Bonin, Jean-Guy Carignan, Reed Elley, John Finlay, John Godfrey, Nancy Karetak-Lindell, Richard Marceau, Pat Martin, Benoît Serré, Guy St-Julien, Maurice Vellacott.

Acting Member(s) present: Bernard Patry for Gérard Binet;  Deborah Grey for Gerald Keddy.

In attendance: From the Library of Parliament: Mary Hurley, Researcher.

Witness(es):  From the Department of Indian and Northern Affairs Canada:  Will Dunlop, Director, Resource Policy and Transfer Directorate;  Ron Bailey, Lands Specialist, Resource Strategies;  Brian Gibson, Senior Advisor, Offshore Waters, Land and Water Management Division.

Pursuant to its Order of Reference of Thursday, September 27, 2001, the Committee resumed consideration of Bill C-33, An Act respecting the water resources of Nunavut and the Nunavut Surface Rights Tribunal and to make consequential amendments to other Acts (See Minutes of Proceedings, Tuesday, October 16, 2001, Meeting No. 21).

The Committee resumed Clause-by-Clause consideration of the Bill.

After debate, by unanimous consent, John Finlay’s sub-amendment was withdrawn.

After debate, by unanimous consent, Nancy Karetak-Lindell’s sub-amendment was withdrawn.

After debate, by unanimous consent, Deborah Grey’s sub-amemdment was withdrawn.

Nancy Karetak-Lindell moved, - That Bill C-33, in Clause 56, be amended

(a)    by replacing lines 19 to 22 on page 23 with the following:

”(2) Within 45 days after the Minister receives a licence that has been issued, amended or renewed or a notice of cancellation of a licence, the Minister shall make a decision on whether to approve the issuance, amendment, renewal or cancellation of the licence and, if the decision is not to approve, give written reasons for the decision.

Extension

(2.1) The Minister may extend the 45 days referred to in subsection (2) for a further consecutive 45 days, for a total of 90 days, by notifying the Board of the extension within the first 45 days.

Absence of decision

(5) If the Minister does not make a decision within the 45 or 90 days referred to in subsection (2) or (2.1) respectively, whichever is applicable, the Minister is deemed to have approved the issuance, amendment, renewal or cancellation, as the case may be.”

Reed Elley moved, - That the amendment be amended by renumbering paragraph (5) with paragraph (2.2).

After debate, the question being put on the sub-amendment, it was adopted by a show of hands.

After debate, the question being put on the amendment, it was adopted by a show of hands.

Reed Elley moved, -- That Bill C-33, in Clause 56, be amended by adding after line 41 on page 23 the following:

"(5) The right of the Minister to approve the issuance of licences under this section shall expire five years after this Act comes into force; whereafter the issuance of licences shall rest with the Government of Nunavut through the Board."

Pat Martin moved, - That the amendment be amended by replacing “five years” with “three years”.

After debate, the question being put on the sub-amendment, it was negatived by a show of hands.

After debate, the question being put on the amendment, it was negatived by a show of hands.

After debate, Clause 56, as amended, carried by a show of hands.

On Clause 76,

Maurice Vellacott moved, -- That Bill C-33, in Clause 76, be amended by replacing lines 23 to 27 on page 30 with the following:

"and maintain security with the Minister
(a) in an amount prescribed by, or determined in accordance with, the regulations; and
(b) in the form, of the nature and subject to such terms and conditions prescribed by or determined in accordance with, the regulations or that are satisfactory to the Minister."

After debate, the question being put on the amendment, it was negatived by a show of hands.

Maurice Vellacott moved, -- That Bill C-33, in Clause 76, be amended by replacing lines 7 to 13 on page 31 with the following:

"(5) Where the Minister is satisfied that
(a) an appurtenant undertaking has been permanently closed or permanently abandoned, or
(b) a licence has been assigned,
any portion of the security that, in the Minister's opinion, will not be applied under subsection (2) shall, without delay, be returned to the licensee (where paragraph (a) applies) or to the assignor (where paragraph (b) applies)."

After debate, the question being put on the amendment, it was negatived by a show of hands.

After debate, Clause 76 carried by a show of hands.

On Clause 77,

Maurice Vellacott moved, -- That Bill C-33, in Clause 77, be amended by replacing lines 17 and 18 on page 32 with the following:

"that person, for a period not exceeding the number of hours determined by the Arbitration Board, having regard to the nature of the disagreement, unless the parties agree to an"

After debate, the question being put on the amendment, it was negatived by a show of hands.

After debate, Clause 77 carried by a show of hands.

On Clause 78,

Maurice Vellacott moved, -- That Bill C-33, in Clause 78, be amended by replacing line 41 on page 34 with the following:

"public through
(a) attendance in person at the Board's office; and
(b) remote electronic access,
in which shall be entered, with respect"

After debate, the question being put on the amendment, it was negatived by a show of hands.

After debate, Clause 78 carried by a show of hands.

On Clause 81, Nancy Karetak-Lindell moved, - That Bill C-33, in Clause 81, be amended by replacing line 27 on page 35 with the following:

“application made within forty-five days after the”

After debate, the question being put on the amendment, it was adopted by a show of hands.

After debate, Clause 81 carried by a show of hands.

On Clause 171,

John Finlay moved, -- That Bill C-33, in Clause 171, be amended by replacing lines 17 to 20 on page 71 with the following:

assented to is deemed to have been validly given under this Act, to the extent that the approval would have been validly given under this Act with the exception of subsections 56(2) to (2.2)

After debate, the question being put on the amendment, it was adopted by a show of hands.

After debate, Clause 171, as amended, carried by a show of hands.

Schedule III carried.

Clause 1 carried.

The Preamble carried.

The Title carried.

The Bill, as amended, carried.

ORDERED, -- That the Chair report Bill C-33 with amendments to the House as the Sixth Report of the Committee.

At 4:20 p.m., the Committee adjourned to the call of the Chair.

Jim Latimer

Clerk(s) of the Committee