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Committee slams scant details on Mineral Resources Act

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Photo courtesy of the Legislative Assembly (permission given by Ms. Sue Tkachuk, Executive Assistant to Honourable Paul Delorey Speaker of the Legislative Assembly to reprint with credit) View from the viewing gallery

Editors note: This story was revised to reflect a clarification that the letter was sent on behalf of the Standing Committee on Economic Development and Environment and does not reflect to personal opinion of Cory Vanthuyne as chair of the committee. 

As the legislative assembly resumes, revamping the NWTSA国际影视传媒檚 resource royalty regime and royalty reporting transparency rules is not on the table, says Industry, Tourism and Investment (ITI) Minister Wally Schumann.

In a Sept. 7 letter to house leader Glen Abernethy, MLA Cory Vanthuyne, on behalf of the Standing Committee on Economic Development and Environment, slammed ITI's response to concerns about a new Mineral Resources Act under consideration.

The confidential correspondence between both parties was anonymously provided to News/North.

SA国际影视传媒淭he (Legislative Proposal) and the responses to our concerns show an unwillingness to truly create 'world class legislation,'SA国际影视传媒 the letter states.

The committee will oppose bringing forward a bill based on the legislative proposal and was SA国际影视传媒渟urprisedSA国际影视传媒 the royalty regime would not be addressed in the revamped legislation, the letter states.

At the Conservative Party of CanadaSA国际影视传媒檚 national convention in August, delegates voted 99 per cent in favour of a hypothetical policy to keep 100 per cent of royalties within the three northern territories.

The GNWT won't revisit its royalty regime in this assembly, to the dismay of the Standing Committee on Economic Development and Environment. Illustration of Ekati Mine. NNSL file photo

The promise prompted a conversation about what such a policy could do for the North.

The GNWT will review the Mineral Resources Act and the Petroleum Resources Act, but any questions around royalty collection and public reporting transparency will wait until the following assembly, said Schumann.

There is no incentive to collect additional royalties in the NWT because there is no significant increase to what the territory keeps, said consultant Andrew Bauer, whose 2017 report analyzes the territory's resource regime.

The cap on what the GNWT can retain SA国际影视传媒 50 per cent of royalties up to five per cent of the GNWTSA国际影视传媒檚 gross expenditure SA国际影视传媒 limits its retention to an estimated $50-million dollars, said Bauer.

Of that 50 per cent, the territory shares 25 per cent with Indigenous governments.

In 2017, mineral production in the NWT was valued at over $2-billion, according to federal statistics. The value of that mineral production can largely be credited to diamond production, which accounts for nearly the entire value at $2.06-billion, according to a March 19 news release from the NWT and Nunavut Chamber of Mines.

SA国际影视传媒淔ifty million is nothing. ItSA国际影视传媒檚 nothing,SA国际影视传媒 said Bauer.

SA国际影视传媒淚n most countries, there is a huge incentive with government to make sure theySA国际影视传媒檙e monitoring mineral production, the value of the resource ... especially when you have a resource like diamonds that are tough to value and easy to avoid taxes,SA国际影视传媒 said Bauer.

SA国际影视传媒淏ecause theySA国际影视传媒檙e maxed out, there is very little incentive to collect more revenue,SA国际影视传媒 said Bauer.

Changes to royalty regime would trigger need for new negotiations, says ITI minister

If a hypothetical federal government was willing to give 100 per cent of the royalties to the GNWT, and it did not affect the transfer payment, the GNWT would have to renegotiate with Indigenous governments signed on to devolution, said Schumann.

SA国际影视传媒淚 was (Hay River) Metis president when we talked about how weSA国际影视传媒檙e going to share our resource royalties in this territory,SA国际影视传媒 he said. SA国际影视传媒淲hat people donSA国际影视传媒檛 realize is that this conversation wasnSA国际影视传媒檛 an easy one SA国际影视传媒 how their governments were going to divide that money up,SA国际影视传媒 he said.

SA国际影视传媒淭he other part that people seem to forget to talk about is that these are the richest resource sharing agreements with any Indigenous governments in the country. You donSA国际影视传媒檛 hear them SA国际影视传媒 myself included SA国际影视传媒 complaining about the deal,SA国际影视传媒 said Schumann.

The concept of a 100 per cent royalty police is purely hypothetical, said Schumann.

SA国际影视传媒淟ots of campaign promises are made and some of them donSA国际影视传媒檛 become policy, so who knows what will happen?SA国际影视传媒 said Schumann.

SA国际影视传媒淲e welcome increasing royalties, sure, but at this point itSA国际影视传媒檚 just a federal party. ItSA国际影视传媒檚 not people in power who are proposing this,SA国际影视传媒 he said.

GNWT royalty regime unchanged since devolution, says MLA

Since inheriting devolution, the territorial government hasn't altered a word of devolution related to resource royalties, but has the legislative power to do so, said MLA Kevin O'Reilly in an interview.

O'Reilly has pressed the government to improve reporting transparency rules so residents can see if they're getting a SA国际影视传媒渇air shakeSA国际影视传媒 of what the territory is entitled to.

There is no requirement in legislation for any public disclosure and ITI argues those numbers are proprietary, he said.

NNSL file photo
Frame Lake MLA Kevin O'Reilly says the NWT isn't getting a "fair shake" on the royalties it's entitled to.

The GNWT is trying to be as transparent as possible while protecting public companies information and following federal rules, said Schumann.

More royalties are collected on cigarettes and alcohol than they are on mining, said O'Reilly.

Residents in the NWT hear consistently that there is not enough funding to improve services in the territory SA国际影视传媒 much of which could be ameliorated by higher royalty revenues and better transparency, he said.

SA国际影视传媒淲hy did we get devolution if weSA国际影视传媒檙e not going to improve the revenues that we get as a government, and provide proper programs and services for our people,SA国际影视传媒 he said.

SA国际影视传媒淚n whose interest are resources being managed?SA国际影视传媒 said OSA国际影视传媒橰eilly.

Mines have to turn a profit in commercial production before they can pay royalties.

Of all NWT industries, mining generates the smallest return per dollar of revenue for NWT residents, according to Bauer's report.

If the GNWT collected as many royalties as the Democratic Republic of Congo, Chile and Norway, it could have some of the most robust services in the country, said Bauer.

SA国际影视传媒淎 royalty in Canada does not have the same definition as most countries around the world,SA国际影视传媒 said Bauer.

Though intended as compensation for a countrySA国际影视传媒檚 resources, companies in Canada are able to deduct the costs of their royalty payments, which turns a royalty into a tax based on production.

SA国际影视传媒淩oyalties could be a significant amount of money for the GNWT and the North,SA国际影视传媒 said Bauer.

They arenSA国际影视传媒檛, however, because the Government of Canada has created a SA国际影视传媒渕assive disincentive to raise more revenue and for the North to get a fair share on their resources,SA国际影视传媒 said Bauer.

SA国际影视传媒淭here is a mentality of dependence on the feds. From a totally rational perspective on their part, why would we collect more taxes and peeve off our mining sector in the North when the net benefit to us is very small?SA国际影视传媒 said Bauer.

Mining represents nearly 25 per cent of the NWTSA国际影视传媒檚 GDP and 50 per cent of its international and inter-provincial exports, yet it employs less than seven per cent of the NWT workforce and generates seven per cent of fiscal revenue for the territory.

100 per cent royalties no simple answer, says MP Michael McLeod

At the summer Dene Nation election, delegates stated they wanted to see more funding directly injected into communities and Indigenous governments, said Liberal MP Michael McLeod.

McLeod is quick to point out that the regime was handed down by a previous Conservative government, which tried to give the NWT the superboard and SA国际影视传媒渆rase Indigenous input into resource development by trying to fast track projects.SA国际影视传媒

It resulted in SA国际影视传媒渂unch of lawsuits,SA国际影视传媒 he said.

SA国际影视传媒淧eople have a good memory of how we were treated by the Conservative government for 10 years,SA国际影视传媒 he said.

SA国际影视传媒淩esource royalties are not a magic solution to every economic issue,SA国际影视传媒 said McLeod, adding that it could be time for a SA国际影视传媒渃omprehensiveSA国际影视传媒 review of funding as more self-governments come online to deliver programs and services, he said.

Such a review could consider the amount of resource royalties the GNWT can keep without affecting the transfer payment, he said.

When Territorial Formula Financing (TFF) was first introduced in 1985,SA国际影视传媒漨any things were not part of the discussion. There were no Indigenous governments in the room when that was put together,SA国际影视传媒 said McLeod.

Further self-government agreements are on the horizon and any revisions to a funding formula should be done with the input of Indigenous governments, said McLeod.





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