Current Press Releases

YELLOWKNIFE (March 12, 2009) – The Government of the Northwest Territories (GNWT) is taking steps to ensure that Northern interests are clearly heard and understood in ongoing discussions about regulatory improvement in the Northwest Territories (NWT). To support this work, the GNWT today released an approach to regulatory improvement that calls for renewed efforts to complete the unique integrated system of water and land management established by the settled land claims.

The approach was announced by Premier Floyd Roland and Deputy Premier J. Michael Miltenberger, who is leading the Regulatory Improvement Initiative for the GNWT.

“Our current regulatory regime provides a framework for governments, communities, industry and other organizations to work together to ensure development occurs in a responsible and sustainable manner,” said the Premier. “It puts the onus on all parties to work cooperatively towards the certainty we all want.”

The GNWT approach is based in part on a thorough review of recent regulatory improvement initiatives in the North, including the 2005 NWT Environmental Audit, the 2006 Joint Examination Project and the more recent Northern Regulatory Improvement Initiative and resulting report, Road to Improvement produced by Neil McCrank in 2008.

“It is time to complete the integrated land and water management regime envisioned in the land claims agreements including the completion of surface rights legislation, full implementation of cumulative impact monitoring and increasing board capacity,” said Premier Roland.

Discussions on the approach, the GNWT’s position on restructuring and views on specific issues will be held with Aboriginal governments, industry associations and other stakeholders. The GNWT also plans to continue efforts to collaborate with the federal government on regulatory improvement and to implement improvements in areas under its jurisdiction.

“Governments need to continually improve their way of doing business within their own areas of responsibility and the GNWT is no different,” said Deputy Premier Miltenberger. “We’re continuing to look for ways to improve in those areas where we already hold authority but we will need to be diligent to ensure the federal government takes our interests into account when it makes renovations to a regulatory house that we will someday inherit.”

“NWT residents need to have a say in the decisions that affect them,” said Premier Roland. “Ensuring that northerners have the necessary tools and resources to participate effectively in decisions about how this land is managed is a key priority of the GNWT. We are committed to working with our partners to make continual improvements to our regulatory system to make sure it remains effective, efficient and clearly serves the public interest of the residents of the NWT.”

For more information, contact:
Drew Williams
Cabinet Communications
Office of the Premier
Tel: (867) 669-2304
E-mail: drew_williams@gov.nt.ca

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Backgrounder

The overall GNWT approach is to refocus on completing, instead of restructuring, the unique integrated system of land and water management established by the settled land claims agreements. The remaining pieces of the integrated system that were originally envisioned by the parties to the land claims agreements must be in place for the system to function effectively as a whole. In addition, a number of more targeted changes to the system are needed to ensure that the system operates as intended. GNWT positions on regulatory improvement are grouped into the following categories:

Completing the System

• Cumulative impact monitoring – fully implement and fund the Cumulative Impact Monitoring Program (CIMP) as set out in the settled land claim agreements; review GNWT role in cumulative impact monitoring processes


• Board capacity – review funding levels for boards; support plans for orientation, training and continuing education for regulatory board members and staff


• Land claim agreements – complete the negotiation of lands, resources and self-government agreements in all areas of the NWT


• Surface right legislation – support completion of legislation as set out in settled land claims

Building toward Northern Control

• Board appointments – support changes to ensure timeliness of appointment of board members; continue to advocate federal delegation of authority for GNWT to appoint board members it is currently entitled to nominate


• Security deposits – support a review of current federal practices with regard to security deposits for mining operations; consider expanding the review to include security deposits for oil, gas and pipeline operations within the


• Land use plans – support completion of land use plans for all areas of the Mackenzie Valley


• Delegation of responsibility – consider additional areas where responsibilities of the federal Minister under the Mackenzie Valley Resource Management Act (MVRMA) could be delegated to the responsible territorial minister

Aboriginal Interests

• Consultation – support clarification of the roles of all parties (governments, boards, and proponents) during Aboriginal consultation and accommodation


• Impact benefit agreements – support creating more certainty for proponents with regard to the requirement for Impact Benefit Agreements


• Free entry system – support a review and any consequent changes necessary to ensure that mineral exploration is consistent with legal obligations to Aboriginal people


• Community capacity – Indian and Northern Affairs Canada should make additional participant or intervener funding available to Aboriginal organizations and communities for environmental assessments and regulatory proceedings for larger projects

Protecting the Environment

• Environmental standards – support the development and implementation of appropriate territorial standards for the regulation of water quality, effluent, air quality and emissions and environmental effects monitoring in the NWT


• Triggers for environmental assessments – support clarification of the “triggers” for environmental assessment and environmental impact review that can done without amending settled land claim agreements


• Enforcement – support clarifying overlapping mandates and responsibility for enforcing recommendations arising from the regulatory process


• Environmental agreements – identify gaps in existing legislation and regulations that should be filled to protect the environment and reduce the need for project-by-project environmental agreements

Regulatory Process

• Performance measures – timelines – support development of effective timelines including timelines for ministerial decision-making processes


• NWT Environmental Audit – support initiation of a second environmental audit as required under the MVRMA


• Minister’s directives – support identification of areas where the regulatory boards could benefit from policy direction from the federal Minister under the MVRMA


• Ministerial review under S.130 and 135 of the MVRMA – support clarification of ministerial decision-making processes


• Major projects office – oppose creation of northern “satellite” office of the Major Projects Management Office; explore the concept of a made-in-the north major projects office