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MINUTES OF PROCEEDINGS

Meeting No. 13

Thursday, February 6, 2014

The Standing Committee on Aboriginal Affairs and Northern Development met at 3:40 p.m. this day, in Room 8-53, 131 Queen Street, the Chair, Chris Warkentin, presiding.

Members of the Committee present: Dennis Bevington, Ray Boughen, Jonathan Genest-Jourdain, Carol Hughes, Kyle Seeback, Mark Strahl and Chris Warkentin.

Acting Members present: Dean Allison for Hon. Diane Ablonczy, Earl Dreeshen for Jim Hillyer, Yvonne Jones for Hon. Carolyn Bennett and Marc-André Morin for Jean Crowder.

Other Members present: Bruce Hyer.

In attendance: Library of Parliament: Norah Kielland, Analyst ; Tonina Simeone, Analyst . House of Commons: Philippe Méla, Legislative Clerk.

Witnesses: Department of Indian Affairs and Northern Development: Wayne Walsh, Director, Northwest Territories Devolution Negotiations, Northern Affairs; Tara Shannon, Director, Resource Policy and Programs Directorate, Northern Affairs. Department of Justice: Tom Isaac, Senior Counsel, Negotiations, Northern Affairs and Federal Interlocutor. Department of Indian Affairs and Northern Development: Alison Lobsinger, Manager, Legislation and Policy.

Pursuant to the Order of Reference of Thursday, December 5, 2013, the Committee resumed consideration of Bill C-15, An Act to replace the Northwest Territories Act to implement certain provisions of the Northwest Territories Lands and Resources Devolution Agreement and to repeal or make amendments to the Territorial Lands Act, the Northwest Territories Waters Act, the Mackenzie Valley Resource Management Act, other Acts and certain orders and regulations.

The Committee commenced its clause-by-clause study of the Bill.

The witnesses answered questions.

Pursuant to Standing Order 75(1), consideration of Clause 1, Short Title, was postponed.

The Chair called Clause 2.

On Clause 2,

Dennis Bevington moved, — That Bill C-15, in Clause 2, be amended by adding after line 35 on page 5 the following:

“(4) The Commissioner must, as soon as possible after receiving written instructions, make them available to the Executive Council of the Northwest Territories and cause them to be laid before the Legislative Assembly of the Northwest Territories, but the written instructions are effective when they are made.”

The question was put on the amendment of Dennis Bevington and it was agreed to, by a show of hands: YEAS: 11; NAYS: 0.

By unanimous consent, it was agreed, — That the result of the vote on the previous amendment be applied to the following amendment which is therefore also adopted:

That Bill C-15, in Clause 2, be amended by replacing line 25 on page 32 with the following:

“80. Subsections 4(3) and (4) are repealed 10 years after”

Dennis Bevington moved, — That Bill C-15, in Clause 2, be amended by replacing line 1 on page 14 with the following:

“(5) The Governor in Council may, after consultation with the Government of the Northwest Territories and on the”

After debate, the question was put on the amendment of Dennis Bevington and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Dennis Bevington moved, — That Bill C-15, in Clause 2, be amended by deleting lines 13 to 22 on page 14.

After debate, the question was put on the amendment of Dennis Bevington and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

By unanimous consent, it was agreed, — That the result of the vote on the previous amendment be applied to the following two (2) amendments which are therefore also negatived:

That Bill C-15, in Clause 2, be amended by deleting lines 13 to 22 on page 14.

Clause 2, as amended, carried by a show of hands: YEAS: 6; NAYS: 0.

By unanimous consent, Clauses 3 to 7 inclusive carried severally.

On Clause 8,

Dennis Bevington moved, — That Bill C-15, in Clause 8, be amended by replacing line 24 on page 34 with the following:

“Northwest Territories: consisting of the North-”

After debate, the question was put on the amendment of Dennis Bevington and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Clause 8 carried by a show of hands: YEAS: 6; NAYS: 0.

By unanimous consent, Clauses 9 to 111 inclusive carried severally.

On Clause 112,

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-15, in Clause 112, be amended by replacing line 14 on page 92 with the following:

“planning boards and land and water boards for the settlement areas referred”

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-15, in Clause 112, be amended by replacing line 14 on page 92 with the following:

“planning boards and land and water boards for the settlement areas referred”

After debate, the question was put on the amendments and it was negatived by a show of hands: YEAS: 5; NAYS: 6.

Clause 112 carried by a show of hands: YEAS: 6; NAYS: 1.

By unanimous consent, Clauses 113 to 119 inclusive carried severally.

On Clause 120,

Dennis Bevington moved, — That Bill C-15, in Clause 120, be amended by replacing line 19 on page 96 to line 11 on page 97 with the following:

“12. (1) The chairperson of a board shall be appointed by the federal Minister from persons nominated by a majority of the members.

(2) If a majority of the members does not nominate a person acceptable to the federal Minister within a reasonable time, the Minister may appoint any person as chairperson of the board.

(3) A board may designate a member to act as its chairperson during the absence or incapacity of the chairperson or a vacancy in the office of chairperson, and that person while so acting may exercise the powers and shall perform the duties and functions of the chairperson.”

RULING BY THE CHAIR

Clause 120 of Bill C-15 provides for the position of Chairperson of a board and create several exceptions in the case of the Mackenzie Valley Land and Water Board. The amendment proposes to remove these exceptions.

As House of Commons Procedure and Practice, second edition, states on page 766:

“An amendment to a bill that was referred to committee after second reading is out of order if it is beyond the scope and principle of the bill.”

In the opinion of the Chair, the amendment aims to remove the essential element of the Bill which is contrary to the principle of the Bill.

Therefore the amendment is inadmissible.

Clause 120 carried by a show of hands: YEAS: 6; NAYS: 2.

Clause 121 carried by a show of hands: YEAS: 6; NAYS: 3.

On Clause 122,

Yvonne Jones moved, — That Bill C-15, in Clause 122, be amended by replacing lines 38 to 40 on page 97 with the following:

“implement that right and the number of other members, not including the chairperson, reflect, respectively and to a reasonable degree, the population composition of the area affected by the board's decision.”

After debate, the question was put on the amendment of Yvonne Jones and it was negatived, by a show of hands: YEAS: 1; NAYS: 6.

Clause 122 carried by a show of hands: YEAS: 6; NAYS: 1.

By unanimous consent, Clauses 123 to 130 inclusive carried severally.

On Clause 131,

Dennis Bevington moved, — That Bill C-15, in Clause 131, be amended by adding after line 37 on page 100 the following:

“(4) These policy directions shall be published in a newspaper of general circulation and on the planning board's website.”

After debate, the question was put on the amendment of Dennis Bevington and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Clause 131 carried by a show of hands: YEAS: 6; NAYS: 2.

On Clause 132,

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-15, in Clause 132, be amended by deleting lines 38 and 39 on page 100.

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-15, in Clause 132, be amended by deleting lines 38 and 39 on page 100.

After debate, the question was put on the amendment and it was negatived by a show of hands: YEAS: 4; NAYS: 6.

Dennis Bevington moved, — That Bill C-15, in Clause 132, be amended by replacing lines 27 and 28 on page 102 with the following:

“(a), (b) or (c) of the definition “use”, for subsistence purposes.”

After debate, the question was put on the amendment of Dennis Bevington and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Clause 132 carried by a show of hands: YEAS: 6; NAYS: 3.

By unanimous consent, Clauses 133 to 135 inclusive carried severally.

On Clause 136,

Yvonne Jones moved, — That Bill C-15, in Clause 136, be amended by replacing lines 23 to 27 on page 105 with the following:

“(b) two members appointed on the nomination of the Gwich’in First Nation;

(d) two members appointed by the Tlicho”

After debate, the question was put on the amendment of Yvonne Jones and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

Clause 136 carried by a show of hands: YEAS: 6; NAYS: 3.

By unanimous consent, Clauses 137 to 198 inclusive carried severally.

On Clause 199,

Dennis Bevington moved, — That Bill C-15, in Clause 199, be amended by adding after line 20 on page 174 the following:

“111.2 The federal Minister shall only exercise the powers and perform the duties and functions referred to in section 111.1 after consulting with the minister who was the responsible minister for the purposes of the provisions referred to in that section before the coming into force of section 111.1.”

After debate, the question was put on the amendment of Dennis Bevington and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

By unanimous consent, it was agreed, — That the result of the vote on the previous amendment be applied to the following amendment which is therefore also negatived:

That Bill C-15, in Clause 199, be amended by adding after line 28 on page 174 the following:

Clause 199 carried by a show of hands: YEAS: 6; NAYS: 3.

Clause 200 carried by a show of hands: YEAS: 6; NAYS: 2.

On new Clause 200.1,

Yvonne Jones moved, — That Bill C-15 be amended by adding after line 7 on page 175 the following new clause:

“200.1 (1) Paragraph 114(b) of the Act is replaced by the following:

(b) to ensure that, before actions are taken in connection with proposed developments, their impacts on the environment are carefully considered, taking into account the nature, duration and intensity of those impacts;

(2) Section 114 of the Act is amended by adding the following after paragraph (c):

(d) to enable responsible economic development of the natural resources of the Mackenzie Valley for the benefit of its residents and that of other Canadians.”

RULING BY THE CHAIR

The amendment seeks to amend section 114 of the Mackenzie Valley Resource Management Act.

As House of Commons Procedure and Practice, second edition, states on pages 766-767:

“… an amendment is inadmissible if it proposes to amend a statute that is not before the committee or a section of the parent Act, unless the latter is specifically amended by a clause of the bill.”

Since section 114 of the Mackenzie Valley Resource Management Act is not being amended by Bill C-15, it is therefore the opinion of the Chair that the amendment is inadmissible.

By unanimous consent, Clauses 201 to 205 inclusive carried severally.

On Clause 206,

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-15, in Clause 206, be amended by adding after line 9 on page 180 the following:

“(2.31) The Review Board may extend the time limit referred to in subsection (2) or (2.1) at its own discretion, as long as all affected parties are notified in advance of the extension, if the Board determines that a development is particularly complex due to

(a) its scope, technological or infrastructure requirements;

(b) its location, which is within or near an ecosystem that is recognized or designated as requiring special protection; or

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-15, in Clause 206, be amended by adding after line 9 on page 180 the following:

(a) its scope, technological or infrastructure requirements;

(b) its location, which is within or near an ecosystem that is recognized or designated as requiring special protection; or

Debate arose thereon.

RULING BY THE CHAIR

Clause 206 of Bill C-15 provides for the completion of an environmental assessment by the Review Board. It also provides that, in some instances, the federal Minister or the Governor in Council may extend the limit to complete the assessment.

The amendment proposes to provide the Review Board with the discretionary power to also extend that limit.

As House of Commons Procedure and Practice, second edition, states on page 766:

“An amendment to a bill that was referred to committee after second reading is out of order if it is beyond the scope and principle of the bill.”

In the opinion of the Chair, the amendment provides the Review Board with a discretionary power that is not envisioned in the Bill and that is beyond the scope of the Bill.

Therefore the amendment is inadmissible.

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-15, in Clause 206, be amended by replacing lines 12 to 15 on page 180 with the following:

“ment, or a first nation directly affected by the proposed development, to provide information, or collect information or undertake a study with respect to the development, then the period that is taken by that person, body or first nation, in the Review Board's”

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-15, in Clause 206, be amended by replacing lines 12 to 15 on page 180 with the following:

Debate arose thereon.

RULING BY THE CHAIR

Clause 206 of Bill C-15 provides that the Review Board may require a developer to provide information, collect information or undertake a study related to the development in question.

The amendment proposes to extend this request to a first nation directly affected by the proposed development.

As House of Commons Procedure and Practice, second edition, states on page 766:

“An amendment to a bill that was referred to committee after second reading is out of order if it is beyond the scope and principle of the bill.”

In the opinion of the Chair, the amendment extends the categories of people that could be affected by the requirement to provide information, collect information or undertake a study which is beyond the scope of the Bill.

Therefore the amendment is inadmissible.

Clause 206 carried by a show of hands: YEAS: 6; NAYS: 4.

By unanimous consent, Clauses 207 to 223 inclusive carried severally.

On Clause 224,

Dennis Bevington moved, — That Bill C-15, in Clause 224, be amended by adding after line 16 on page 203 the following:

“(4) The policy directions given under this section shall be published in a newspaper of general circulation in the Northwest Territories, as well as on the Review Board’s website.”

After debate, the question was put on the amendment of Dennis Bevington and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Clause 224 carried by a show of hands: YEAS: 6; NAYS: 3.

By unanimous consent, Clauses 225 to 252 inclusive carried severally.

On Clause 253,

Yvonne Jones moved, — That Bill C-15, in Clause 253, be amended by replacing line 44 on page 228 with the following:

“subsection 213(1) come into force on a day, not earlier than one year after the day on which this Act receives royal assent, to”

After debate, the question was put on the amendment of Yvonne Jones and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

Clause 253 carried by a show of hands: YEAS: 6; NAYS: 0.

Clause 1, Short Title, carried.

The Title carried.

After debate, The Bill, as amended, carried.

ORDERED, — That the Chair report the Bill, as amended, to the House.

ORDERED, — That Bill C-15, as amended, be reprinted for the use of the House at report stage.

At 4:50 p.m., the Committee adjourned to the call of the Chair.

Jean-Marie David
Clerk of the Committee

2014-02-11 2:21 p.m.