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Bill C-47: Set up for success or struggle? Nunavut Tunngavik president estimates legislation will cost an extra $2 million per year
Lyndsay Herman
Northern News Services
Published Monday, July 8, 2013
NUNAVUT/NWT
Federal legislation that sets timelines for the Nunavut regulatory system and establishes a dispute resolution board in the NWT became law June 19.
Acts included in Bill C-47
Nunavut Planning and Project Assessment Act
The Governor in Council will determine the day the act will come into force.
NWT Surface Rights Board Act
Majority of sections in this act come into force June 19, 2015.
Source: Government of Canada
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While government and industry herald the legislation as positive for economic development, some feel the legislation is not without its problems.
The Nunavut Planning and Project Assessment Act is one of two acts included in Bill C-47, named the "Northern Jobs and Growth" act by the federal government.
The act details timelines and formalizes responsibilities for the Nunavut Impact Review Board, Nunavut Planning Commission, and relevant levels of government, such as Aboriginal Affairs and Northern Development Canada.
The act ultimately means industry has a clear, step-by-step procedure for project applications as well as a reliable timeline.
In an e-mail to News/North, Nunavut Impact Review Board executive director Ryan Berry stated the act enables the board to own and dispose of property and operate in panels. It also makes provisions for screening decisions and project certificates enforceable "with prohibitions such as fines and jail time for violations of the Act."
As for timelines, the legislation follows the same time requirements as those that currently exist for the review board under the Nunavut Land Claim Agreement, but sets timelines for the minister of Aboriginal Affairs and Northern Development Canada to respond to review board reports and decisions which are not currently covered by the land claim agreement.
Nunavut Tunngavik Inc. president Cathy Towtongie said the legislation isn't all bad, but is more industry friendly than she'd like and doesn't include any amendments proposed by Nunavut Tunngavik.
"In some ways it's positive but in other ways it's not," said Towtongie, adding more 'Inuit IQ' would have been valuable. "Because Inuit IQ is more than traditional knowledge and ... means the past, present, and future knowledge and experience and values of Inuit society are taken into account when developing land uses."
Another issue with the act is the extra cost the legislation creates for the review board and the Nunavut Planning Commission, which have to renew their funding every 10 years. She estimates the act will cost at least an additional $2 million per year for these public institutions.
Disputes between surface and sub-surface rights-holders which cannot be settled through other negotiations will be settled through the new NWT Surface Rights Board once the act comes into force.
Only disputes regarding projects which have been awarded a land use permit and water licence from the applicable regulatory bodies can be heard by the board and only after the parties involved have exhausted all other negotiation options.
The Act is described by the federal government as a final legislative obligation of the Gwich'in Comprehensive Land Claims Agreement and the Sahtu Dene and Metis Comprehensive Land Claims Agreement.
The Tlicho government was also consulted during the bill's development.
"Using it might be remote. Nevertheless, unlike the past there was no need for it because land was being managed and controlled by federal government, one source," said John B. Zoe, senior adviser for the Tlicho Government. "But after claims and developing claims, even future claims, we have more than one authority over large tracks of land. There is potential conflict, especially when you're dealing with sub-surface rights."
Kevin O'Reilly, spokesperson for Alternatives North, a social justice coalition which made submissions throughout the bill's development, isn't happy the board does not have the authority to prevent a party which has been awarded a land use permit and water licence from accessing a parcel of land for mineral exploration, production, or development. The new board can only set the compensation awarded to surface rights-holders and timelines for access.
Alternatives North's submission to the Senate Committee also questioned the value of the legislation, among other issues, since arbitration measures are already in place and conflicts similar to the kind the surface rights board would address have not been an issue.
Environment and Natural Resources Minister Michael Miltenberger stated in a GNWT news release that the legislation is preventative and will save time and money.
"Almost all of our land matters can be dealt with through existing processes," Miltenberger stated. "But in the rare cases where there are disputes between surface and subsurface rights holders, this board will avoid costly, lengthy court cases. This is an important step in completing the regulatory system in the NWT and new territorial legislation will maintain the board's role after devolution."
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