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MINUTES OF PROCEEDINGS

Meeting No. 25

Tuesday, October 30, 2001

The Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources met at 11:02 a.m. this day, in Room 371, West Block, the Chair, Raymond Bonin, presiding.

 

At 11:03 a.m., the sitting was suspended.

 

At 11:10 a.m., the sitting resumed.

Member(s) of the Committee present: Larry Bagnell, Raymond Bonin, Jean-Guy Carignan, Reed Elley, John Finlay, John Godfrey, Nancy Karetak-Lindell, Pat Martin, Benoît Serré, Guy St-Julien, Maurice Vellacott.

Acting Member(s) present:  Mark Eyking for Gérard Binet;  Deborah Grey for Gerald Keddy.

In attendance: From the Library of Parliament: Mary Hurley, researcher.

Witness(es): From the Department of Indian and Northern Affairs Canada:  Will Dunlop, Director, Resource Policy and Transfer Directorate;  Ron Bailey, Lands Specialist, Resource Strategies;  Brian Gibson, Senior Advisor, Offshore Waters, Land and Water Management Division.

Pursuant to its Order of Reference of Thursday, September 27, 2001, the Committee resumed consideration of Bill C-33, An Act respecting the water resources of Nunavut and the Nunavut Surface Rights Tribunal and to make consequential amendments to other Acts (See Minutes of Proceedings, Tuesday, October 16, 2001, Meeting No. 21).

The Committee proceeded to Clause-by-Clause consideration of the Bill.

Pursuant to Standing Order 75(1), consideration of the Preambule and Clause 1 was postponed.

Clause 2 carried.

Clauses 3 to 54 carried severally.

It was agreed, - That Clauses 55 and 56 be allowed to stand.

Clauses 57 to 75 carried severally.

It was agreed, - That Clauses 76, 77 and 78 be allowed to stand.

Clauses 79 and 80 carried severally.

It was agreed, - That Clauses 81 and 82 be allowed to stand.

Clauses 83 to 129 carried inclusively.

Clauses 130 to 150 carried inclusively.

Clauses 151 to 158 carried inclusively.

Clauses 159 to 170 carried inclusively.

It was agreed, - That Clause 171 be allowed to stand.

Clauses 172 to 180 carried inclusively.

Clauses 181 to 203 carried inclusively.

It was agreed, - That Schedules I and II be allowed to stand.

It was unanimously agreed, - That the Committee revert to Clause 3.

On Clause 3,

Pat Martin moved, -- That Bill C-33, in Clause 3, be amended by replacing lines 3 to 7 on page 4 with the following:

"derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under the Constitution Act, 1982."

After debate, the question being put on the amendment, it was negatived by a show of hands.

Pat Martin moved, -- That Bill C-33, in Clause 3, be amended by adding after line 7 on page 4 the following:

"(4) This Act shall be interpreted, applied and administered to implement and give effect to the Nunavut Land Claims Agreement Act, including the rights Inuit have through or flowing from that Agreement."

After debate, the question being put on the amendment, it was negatived by a show of hands.

After debate, Clause 3 carried by a show of hands.

On Clause 55,

Maurice Vellacott moved, -- That Bill C-33, in Clause 55, be amended by replacing line 3 on page 23 with the following:

"act on the application until at least thirty days if the application is for a type A licence or until at least twenty-one days if the application is for a type B licence,"

After debate, the question being put on the amendment, it was negatived by a show of hands.

After debate, Clause 55 carried by a show of hands.

On Clause 56,

Deborah Grey moved, -- That Bill C-33, in Clause 56, be amended by adding after line 18 on page 23 the following:

"(1.1) The Minister must make a decision within sixty days of receiving a licence for approval under subsection (1).
(1.2) Where the Minister does not make a decision within the time period provided for in subsection (1.1), the Minister is deemed to have approved the application.

After debate, by unanimous consent, it was agreed, - That the amendment be deferred until all sections of Clause 56 were debated.

Nancy Karetak-Lindell moved, -- That Bill C-33, in Clause 56, be amended by replacing lines 19 to 22 on page 23 with the following:

"(2) The Minister shall, within forty-five days after receiving a type A licence or, if a public hearing is held, a type B licence for issuance, amendment, renewal or cancellation, notify the Board of the Minister's decision and provide written reasons in the notification.
(2.1) The Minister may extend the period of forty-five days allowed by subsection (2) by not more than forty-five additional days."

John Finlay moved, - That the amendment be amended by adding after line 41 on page 23 the following:

(2.1) If the Minister does not make a decision within 45 days after the Minister receives a licence that has been issued, amended or renewed or after the Minister receives a notice of cancellation of a licence, the Minister is deemed to have approved the issuance, amendment, renewal or cancellation as the case may be

Debate arose thereon.

At 1:02 p.m., the Committee adjourned until 3:15 p.m..

Jim Latimer

Clerk(s) of the Committee