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Bill C-15 · 41th Parliament · Stephen Harper

Northwest Territories Devolution Act

An Act to replace the Northwest Territories Act to implement certain provisions of the Northwest Territories Lands and Resources Devolution Agreement and to repeal or make amendments to the Territorial Lands Act, the Northwest Territories Waters Act, the Mackenzie Valley Resource Management Act, other Acts and certain orders and regulations

Government bill. Became law.

the North and ArcticIndigenous rights

  1. IntroducedDec. 3, 2013
  2. Debated in principleDec. 5, 2013
  3. Studied by a committeeDone
  4. Passed its first chamberFeb. 14, 2014
  5. Passed the second chamberMarch 5, 2014
  6. Became lawMarch 24, 2014

Leading supporters

Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.

  1. Stephen HarperPrime Minister
  2. Rebecca PattersonSenate · Sponsor in the Senate
  3. Yvonne JonesDescribes the bill as transferring important decision-making powers and calls it a long-awaited agreement.
  4. Carol HughesExpresses happiness at progress toward devolution and greater NWT control.
  5. Mark StrahlRejects amendments and praises the bill for creating jobs and economic growth.
  6. Bernard ValcourtExplicitly states honour in speaking in support of the bill and calls it a major milestone.
  7. Kevin LamoureuxRecognizes the efforts of many participants and defends the devolution process without apology.
  8. Françoise BoivinStates that the NDP will support the bill as it benefits the people of the Northwest Territories.

Who carries this bill

Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.

Rebecca PattersonSponsor in the Senate

What it set out to do

The Library of Parliament does not prepare Legislative Summaries for bills that implement treaties, conventions, agreements or administrative arrangements bills. The following is a short summary: On 3 December 2013, the Minister of Aboriginal and Northern Affairs introduced Bill C-15, An Act to replace the Northwest Territories Act to implement certain provisions of the Northwest Territories Lands and Resources Devolution Agreement and to repeal or make amendments to the Territorial Lands Act, the Northwest Territories Waters Act, the Mackenzie Valley Resource Management Act, other Acts and certain orders and regulations (Northwest Territories Devolution Act) in the House of Commons and it was given first reading. Currently, the government of the Northwest Territories (GNWT) 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. The NWT Devolution Agreement transfers these responsibilities from the government of Canada to the GNWT. Part 1 of Bill C-15 enacts the Northwest Territories Act and implements certain provisions of…

Summary by the Library of Parliament.

Where members stand

That Bill C-15 be amended by deleting Clause 136. · 2014-02-12 · Failed

0 for · 0 against

    For it 19

    Voted for it, or spoke in support

    Challenging it 38

    Support only with changes, or serious objections raised in debate

    Against it 1

    Voted against it and argued against it

    How it changed on the way

    64% of the text as introduced was changed or removed by the time it became law (73,020 words introduced, 71,262 passed). A committee amended it.

    moderate changeintent mostly kept

    The core devolution framework and definitions stayed intact from introduction to royal assent. Minor drafting completions and procedural clarifications were added, mainly around the Commissioner's handling of instructions.

      How precisely it is written

      35VaguePrecise

      vagueChallenging the law: HardDisputing a charge: Moderate

      The bill supplies many exact definitions and fixed time periods but repeatedly hands final decisions to the Governor in Council or Minister on the basis of their own opinion. This combination leaves large areas open to argument over what counts as national interest or necessary action.

      Open to argument

      • “The Legislative Assembly may make any recommendations to the Minister that it con”
        Appropriateness is a subjective standard that invites prolonged disagreement.

      Clear-cut

      • “during the period of 20 years beginning on the day on which section 1 comes into force”
        A fixed calendar period removes doubt about duration.
      • “A bill in respect of which a direction is given must not become law without the Governor in Council's assent, which is not to be given later than one year after the day on which the bill is adopted by the Legislative Assembly”
        A clear one-year deadline replaces open-ended discretion.

      Discretion. Extensive power is left to the Governor in Council and the Minister to decide when lands or waters may be taken back, when prohibitions may be issued, and whether amendments require consent, all on the basis of their own assessment of national interest or necessity.

      Challenging the law itself. The Act mainly allocates property and regulatory authority between governments rather than directly limiting Charter rights, so a facial vagueness or overbreadth challenge would face high hurdles.

      Disputing a charge under it. Because many prohibitions turn on whether the Governor in Council subjectively considers an activity to be in the national interest, a person accused of breaching an order could readily argue that the factual or opinion basis for the order was absent.

      Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.

      Did it work?

      no evaluation found

        Who lobbied on it

        No lobbying registration naming this bill is loaded.

        Stages and dates from LEGISinfo.