Q.1. What is being introduced?
A.1. On December 3, 2013, the Government of Canada introduced Bill C-15, Northwest Territories Devolution Act, which aims to give Northerners greater control over their lands and resources. The proposed legislation was developed after years of consultation with stakeholders, including Aboriginal groups, Northerners, territorial governments and industry.
Bill C-15 would:
- devolve land and resource management from Canada to the Government of the Northwest Territories, and
- improve the regulatory regime in the Northwest Territories by removing barriers to private investment, enhancing environmental stewardship, and investing in programs to support economic growth and provide opportunities for Northerners.
Q.2. Why is legislation needed?
A.2. The Northwest Territories Lands and Resources Devolution Agreement sets out the details of what law-making powers and other responsibilities will transfer from the Government of Canada to the Government of the Northwest Territories. Bill C-15 amends existing legislation and creates a new Northwest Territories Act in order for devolution and improvements to the regulatory regime to be fully implemented.
Q.3. How will this proposed legislation improve the lives of Northerners?
A.3. The Government of the Northwest Territories (GNWT) currently makes decisions on behalf of its residents similar to a provincial government, with the exception of the administration and management of public lands, water resources, mineral resources and oil and gas management.
To address this, the Northwest Territories Lands and Resources Devolution Agreement transfers this last set of responsibilities from the Government of Canada to the Government of the Northwest Territories. This will promote the self-sufficiency and prosperity of the Northwest Territories by providing its residents with a greater say in how land, water and resources are developed, and by giving the Northwest Territories the power to collect and share in resource revenues generated in the territory.
Regulatory improvement, as outlined in the Action Plan to Improve Northern Regulatory Regimes, will streamline and strengthen regulatory regimes to support jobs, growth, and long-term prosperity while strengthening protection of the environment for future generations.
Q.4. What is the Action Plan to Improve Northern Regulatory Regimes?
A.4. In the 2007 Speech from the Throne, the Government of Canada announced its Northern Strategy, which outlined an overarching vision for the North and focused on four priority areas:exercising Canada's sovereignty; protecting our environmental heritage; promoting economic and social development; and improving and devolving governance.
In 2010, Aboriginal Affairs and Northern Development Canada developed an Action Plan to Improve Northern Regulatory Regimes to support the Northern Strategy and further expanded this in 2012. The Action Plan seeks to improve the regulatory process by removing barriers to private investment, enhancing environmental stewardship, and investing in programs to support economic growth and provide opportunities for Northerners.
Q.5. What are the key regulatory changes being introduced in Bill C-15?
A.5. Since the true benefits of devolution can only be realized through a robust and improved regulatory system, the proposed legislation aims to strengthen and streamline the regulatory regime in the Northwest Territories including:
- introducing beginning-to-end time limits for completing environmental assessments and the issuance of federal licences and permits,
- increasing environmental protection through measures such as administrative monetary penalties and increased fines for permit and licensing offences, and
- allowing for cost recovery for certain elements of the environmental impact assessment and water regulatory processes.
Measures such as these will help encourage investment while ensuring resources are developed responsibly so that Northerners can achieve the prosperity they seek.
Q.6. What is the relationship between devolution of lands and resources in the Northwest Territories and the Action Plan to Improve Northern Regulatory Regimes?
A.6. Canada's Northern Strategy promotes northern economic and social development and environmental protection. Devolution of land and resource management to the NWT and responsible resource development contribute to these objectives and are key elements of Canada's Northern Strategy.
The implementation of changes to the regulatory regime in the North will ensure that the regulatory system devolved is as efficient and effective as possible. The Action Plan to Improve Northern Regulatory Regimes is both a timely and necessary step to support the full benefits of devolution across the North.
