Richard Gleeson
Northern News Services

Yellowknife (Apr 10/00) - Over the last few years, the law that controls mining and oil and gas development has changed almost as regularly as the seasons.

The changes have created confusion and uncertainty for companies looking to set up here, as well as for those whose primary concern is the environment.

Changing roles What DIAND is still responsible for fiduciary obligations management of Crown resources administration of surface and subsurface rights on Crown lands approves land use plans, environmental assessment recommendations and Type A water licenses screens some development proposals, intervenor in land and water regulatory process inspect and enforce What DIAND is no longer responsible for regulating most land and water use no longer conducts environmental assessments no longer administers land where claimant groups hold rights to the surface or subsurface lands GNWT no longer issues land use permits on commissioner's land or undertakes related environmental assessment

The latest law -- the Mackenzie Valley Resource Management Act -- is intended to bring an end to that uncertainty and give Northerners a stronger voice in deciding what developments go ahead and how they will proceed.

"It's on the leading edge of public participation in decision making on resource development," said Floyd Adlem, director of operations for the Department of Indian and Northern Affairs.

The final part of the act, which arose from the ultimately unsuccessful Dene-Metis Final Agreement -- became law March 31.

The act gives the Gwich'in and Sahtu land and water boards authority to determine if a proposed project complies with the land use plan for their respective regions.

The regional boards also determine what, if any, environmental assessment are required and issue the permits and water licences for projects proposed in areas where claims are settled.

Regional boards are composed of five members: two nominated by the regional First Nation, one by the federal government and one by the territorial government. The chair is nominated by the four board members.

The latest part of the act to be approved establishes the Mackenzie Valley Land and Water Board. It is composed of members of the regional boards and is responsible for development on unsettled lands and projects that have environmental implications for two or more settled claims.

DIAND director of policy and planning, Peter Bannon, helped draft the new act. He said in the past there was separate laws for land, water, environmental assessments and mining.

"What this attempts to do is integrate a lot of the decision-making related to environmental regulation into one, and make the processes fit with each other."

The Mackenzie Valley Environmental Impact Review Board is responsible for conducting environmental assessments of proposed projects. The Department of Indian and Northern Affairs still must approve land use plans and make the final decision on environmental assessments and water licenses for large projects.

The federal government also controls funding for the boards. The Mackenzie Valley board is awaiting word on a request for $2.1 million for this fiscal year.

DIAND Minister Robert Nault, during a visit to the North last fall, cautioned that it will take time for everyone to get used to the new rules.

"The issue we're really confronting now is we're in the infancy of a regulatory regime," Nault said. "And when you have a regulatory regime being enacted, like the Mackenzie Valley process, it takes time for people to understand their roles."

Opting in, sort of

The Mackenzie Valley Resource Management Act is a tough sell in the Deh Cho, but last week the Deh Cho First Nation offered up a compromise that would allow the Act to apply in its territory.

"Ultimately the Minister still has veto," said DCFN Grand Chief Michael Nadli. "It has the vestiges of the federal government's colonial approach.

"They make decisions in Ottawa while we live up here in the Northwest Territories. It not only applies to First Nations people but everybody in the North."

The compromise the DCFN resolved to make was to establish a three-member Deh Cho Land and Water Panel. Under the proposal, one panel member would be appointed by the DCFN and the other two by the chair of the Mackenzie Valley Land and Water Board.

Nadli said the Act was also intended for First Nations with settled land claims -- the Sahtu and Gwich'in -- without much power.

Calling the participation in the Act "temporary and conditional" the DCFN proposes the panel would have jurisdiction over issuance of land and water use permits in the Deh Cho.

The DCFN is currently negotiating for the establishment of the Deh Cho Resource Management Authority, an organization the DCFN wants to eventually replace the panel.

The resolution to establish the panel was made at the March 14-16 Deh Cho elders and leaders meeting in Fort Simpson.