What is devolution?
News (last updated: August 31, 2011)
Devolution is the transfer of authority from the Government of Canada to the Government of the Northwest Territories. A formal process is now underway to negotiate the devolution of Northwest Territories’ public lands and resources and rights in respect of water from the Government of Canada to the Government of the Northwest Territories (GNWT).
This will change who makes decisions about how natural resources, such as land, water, oil and gas, and minerals are used and developed in the NWT. Devolution will transfer the decision-making powers over public lands and resources from Canada’s Minister of Indian and Northern Affairs and its bureaucracy to the GNWT.
Devolution is not new; it has occurred before in the Northwest Territories (NWT). Previous NWT devolutions include health care, social services, education, administration of airports, and forestry management. The devolution of lands and resources is consistent with Canada’s policy to transfer provincial-like powers to the territories. Yukon concluded its land and resources devolution in 2003.
GNWT efforts to gain control over Crown lands predate the 1988 Northern Accord. The origins of this devolution process trace back to the first meeting of the NWT Intergovernmental Forum in May 2000, when Aboriginal, territorial, and federal government leaders identified lands and resources devolution as a priority. All agreed that transferring the control of natural resources would promote the self-sufficiency and prosperity of the NWT by reducing its governments’ reliance on federal funding.
Why does devolution matter?
The NWT is a vast territory rich with potential, but the majority of our land, water and resources is held and managed by the Government of Canada. Although this is our home, the people who live here don't have much say in how public lands, water and resources are developed. Until we have devolution, the Government of Canada will continue to own and control most of the land and water in the NWT and the resources, like minerals, oil and gas, associated with them.
As the landowner, the federal government makes the decisions on whether or not NWT public land and resources will be developed, how they will be developed and how much it will charge companies for the rights to use and develop these lands and resources. The people of the Northwest Territories do not get a direct share of these royalties, which are paid to the Government of Canada instead.
What would devolution change?
Devolution would see public lands, water and resources transferred to the GNWT, to be administered on behalf of all NWT residents. As part of this transfer, the Legislative Assembly of the NWT would get new powers – similar to provinces – to make laws that are currently made by Canada’s Parliament. These changes would, through their Legislative Assembly, put the people of the NWT in charge of the decision-making process:
- powers to develop, conserve, manage and regulate surface and subsurface natural resources in the NWT for mining and minerals (including oil and gas) administration, water management, land management and environmental management;
- powers to control and administer public land with the right to use, sell or otherwise dispose of such land; and
- powers to levy and collect resource royalties and other revenues from natural resources.
The GNWT would also begin to collect the royalties associated with the use and development of our resources, instead of seeing them pass directly to the Government of Canada. The programs, staff and budgets associated with managing NWT lands and resources would also be transferred to the GNWT.
With real power and control in the hands of NWT residents, decisions about land, water and resources would reflect GNWT commitments to sustainable development and environmental protection. With access to the revenues from resource development on public lands, we would have more money to invest in territorial infrastructure, economic development and other programs and services.
