Don't fix what's not broken
Gwich'in Tribal Council objects to superboard
Paul Bickford
Northern News Services
Published Monday, December 2, 2013
INUVIK
The Gwich'in Tribal Council is making its feelings perfectly clear about proposed changes to the regulatory system in the NWT, which would create a so-called superboard.
Robert Alexie Jr., the council's president, said the current system is working in the Gwich'in settlement area.
"It's not broke. Don't fix it," he said, adding that problems with the system occur in areas with unsettled land claims.
The federal government plans to change the NWT regulatory regime prior to devolution implementation on April 1, 2014.
The changes, which will include amendments to the Mackenzie Valley Resource Management Act, are expected to dissolve regional land and water boards, and create one 11-member board to oversee permitting for all resource projects in the territory.
Alexie's understanding is that the Gwich'in, Sahtu and Wekeezhii land and water boards would disappear, and the Mackenzie Valley Land and Water Board would become the superboard.
Alexie said the concerns of the Department of Aboriginal Affairs and Northern Development Canada don't really apply to the Gwich'in settlement area.
"We have a land-use plan. We have a land and water board. We have a claim," he said. "People know the process, and it works very well up here. It's only in the unsettled claim areas that there seems to be concern with the regulatory regimes and the speed with which they process applications, or lack of speed."
The Gwich'in Tribal Council raised its concerns with Aboriginal Affairs and Northern Development Minister Bernard Valcourt during a meeting in Ottawa in October.
"They know our position," Alexie said. "We sent them letters, and basically told them that we are not happy with the amendments."
Plus, the board of the tribal council voted unanimously against regulatory changes at a meeting in Inuvik on Nov. 22. That followed public meetings by council representatives in Aklavik, Tsiigehtchic, Fort McPherson and Inuvik.
Alexie said the Gwich'in Tribal Council has a number of specific concerns about the expected changes.
"One of the big concerns we have is the offices in Inuvik are going to shut down and disappear," he said. "People who want applications are going to have to go through the Yellowknife offices - the superboard."
Alexie, who used to be executive director with the Gwich'in Land and Water Board, said that small contractors are sometimes not technologically savvy.
"When I used to work at the land and water board, we used to help them fill out the application and process it for them, and that worked very well," he said. "I'm afraid that a lot of these small companies and people that need the permits and licences are going to fall through the cracks and may not even bother with applying for a permit or a licence."
The council is also worried it might have trouble getting an appointee accepted to the new superboard.
It has had problems over the years getting nominees onto boards because Canada rejects them, Alexie explained. "With regards to the Mackenzie Valley Environmental Impact Review Board, we have nominated about five people over five years, and all five have been rejected by Canada for whatever reason. They don't give us the reason."
The council would like assurance that its nominee to a superboard will be appointed by the minister without delay.
Alexie said one other concern involves three-person panels that could be named to consider permit or licence applications in regions.
"There is no guarantee in the amendments that our nominee to the superboard will be put on that panel that has to deal with a permit or a licence in the settlement area," he said. "So basically, non-residents of the Gwich'in settlement area could be dealing with that permit or licence."
Alexie doesn't expect the federal government to leave the Gwich'in area alone and only make changes to the regulatory process elsewhere.
"They do one, they do it all," he said. "We're not going to be excluded and we're not going to be treated any differently."
An attempt to obtain a comment from the Department of Aboriginal Affairs and Northern Development Canada was unsuccessful. However, a fact sheet e-mailed to News/North makes the case for changing the "confusing and counterproductive" regulatory system, which is described as a deterrent to exploration and development, and a barrier to economic investment.
The changes are designed to make reviews of projects more predictable and timely, reduce duplication, strengthen environmental protection and respect consultation obligations with aboriginal groups.
"The Government of Canada recognizes that the North's regulatory regimes must be more effective, predictable and provide greater certainty," states the document.
The proposed legislative changes include amendments to the Mackenzie Valley Resource Management Act, the Northwest Territories Waters Act and the Territorial Lands Act.
The consolidated land and water board will cover the Dehcho, North Slave, South Slave, Sahtu, Tlicho and Gwich'in regions.
- with files from Laura Busch
