- Aboriginal rights
Aboriginal rights
Aboriginal rights protect the existing activities and traditions of all Indigenous peoples in Canada, including the right to use land to hunt, fish, trap, gather plants and for other important ceremonial and social practices. These rights are enshrined in Section 35 of Canada’s Constitution Act, 1982.
- Act
Act
A statute, or body of legislation, dedicated to a particular subject that is created and approved by a legislature. In the NWT, a Bill (draft legislation prepared by a Minister and/or Cabinet, sometimes with Indigenous government involvement) becomes an Act (or the actual law) only after it receives third reading by the Legislative Assembly, the NWT Commissioner (similar role to the Lieutenant Governor in the provinces or the Governor General for Canada) assents to it. An Act comes into effect when it is assented to unless there are specific provisions for implementation at another time (for example, specific dates or on order of a Minister or Cabinet). See: Coming into force.
- Bill
Bill
A proposed act, or amendment to an act, that is drafted and proposed by a Minister and/or Cabinet. The development of a Bill may involve Indigenous governments and the public. Once a Bill has been developed, it is given three readings in the Legislative Assembly where it can be reviewed, referred to a Standing Committee and debated. If the Bill is approved, and then receives assent, it becomes an Act and may come into force immediately or at a later date. See: Coming into force.
- Cabinet
Cabinet
The Premier and other Ministers as selected by the NWT Legislative Assembly. Cabinet is formally known as the Executive Council. Currently, the Premier assigns portfolios or departmental responsibilities to individual Ministers.
- Civil society
Civil society
Civil society refers to organizations like schools or universities, advocacy groups, professional associations, churches, and cultural institutions that are not associated with governments. Other terms may be used to describe this sector including non-governmental organizations (NGOs).
- Co-management
Co-management
This refers to the collaborative way public governments (GNWT and the federal government) and Indigenous government organizations in the Northwest Territories manage lands, waters, and natural resources. Public lands and waters are co-managed through the rules and regulations set out in three main pieces of territorial legislation (Waters Act, Northwest Territories Lands Act, and Commissioner’s Land Act) and one piece of federal legislation (Mackenzie Valley Resource Management Act). Other arrangement also exist that require Indigenous government involvement in the development and review of resource management legislation and regulations.
- Coming into force
Coming into force
The point in time when a Bill passed by the Legislative Assembly or a regulation made by a Minister and/or Cabinet takes effect and becomes law. Many acts come into force after they receive assent and are proclaimed law by the NWT Commissioner. However, some acts don’t come into force until a specific date or when certain regulations necessary for implementation are completed and approved. Parts or sections of legislation may come into force at different times.
- Commissioner’s Land
Commissioner’s Land
The term used to describe public lands owned, managed, and administered by the Government of the Northwest Territories (GNWT) prior to devolution. They are called “Commissioner’s Land” as the Commissioner is the formal head of public government (the role of the Commissioner has evolved and diminished over the last several decades with the development of the territorial government). Commissioner’s Lands were usually small pockets of lands around communities. This term will be eliminated once the Public Land Act comes into force and becomes law. All public lands owned, managed, and administered by the GNWT will then be called public lands.
- Consensus government
Consensus government
The style of government in the Northwest Territories. There are no political parties and no overall platforms or positions. The Premier and Cabinet are selected by each Assembly according to its own rules. All MLAs have the opportunity to provide input on policies, bills, and budgets before these items are presented to the public.
- Crown land
Crown land
The term used to describe public lands owned, managed, and administered by the federal government prior to devolution. (When the Public Land Act comes into force and becomes law, all public lands owned, managed, and administered by the GNWT will be called public land.)
- Devolution
Devolution
This term generally refers to the transfer of power or authority over certain agreed upon subject matters or jurisdictions such as health care, education, forestry or social services. In the context of the NWT, devolution began in 1967 with he creation of a separate Government of the Northwest Territories and the transfer of various matters in the 1970s. There was a specific agreement between Canada and the GNWT that came into force April 1, 2014 to transfer certain authorities for land, water, and resource development management to the GNWT with a clear role for Indigenous governments (at least those ones that have signed on).
- Environmental Assessment
Environmental Assessment
An environmental assessment is a comprehensive look at the environmental, social and cultural effects of a development project before there is a decision on whether or not to move forward with it. In the NWT, there are two separate environmental assessment regimes: one for the Inuvialuit Settlement Region and another for the rest of the NWT or the Mackenzie Valley.
- Executive Council
Executive Council
The formal name for Cabinet or the Premier and other Ministers of the GNWT as selected by the Members of the Legislative Assembly. See: Cabinet
- Gazette
Gazette
The GNWT Department of Justice’s legislation division prepares the Northwest Territories Gazette, which includes the full text of all regulations and orders, any notices of statutory appointments and revocations, and various governmental and non-governmental notices. The Gazette is published in both English and French. The federal government publishes the Canada Gazette, which includes all new statutes, any new and proposed regulations, as well as administrative board decisions and public notices.
- MLA
MLA
A Member of the Legislative Assembly. There are 19 elected MLAs to the territorial legislature. Each NWT MLA is considered an independent member within the consensus government system. MLAs are there to represent the interests of their constituents and to participate in the making of laws and general government business. To contact your MLA, you can check these maps and the website of the Legislative Assembly for further information.
- Policy
Policy
A statement that represents a commitment to follow an action or course of action in pursuit of approved objectives. A policy may also be an unwritten way of doing things or deciding on issues. In the context of GNWT, there are policies that have been approved by individual Ministers and other approved by Cabinet.
- Regular MLA
Regular MLA
The term used to describe a Member of the Legislative Assembly who is not a member of the NWT Cabinet or Executive Council. The role of Regular MLAs is to hold Cabinet to account for what they do or not do, as well as to represent their constituents and participate in general law-making and debate.
- Regulations
Regulations
Regulations are a set of rules, which exist under an act, that provide the specific ways in which the act’s laws are to be interpreted and applied or implemented. Regulations are found on the Department of Justice website under the appropriate law that provides authority for regulations. There is no requirement for public engagement on the development of regulations unless this is specified in the enacting legislation. Public engagement is at the discretion of each Minister or Cabinet and this is becoming more common. On resource management regulations, there are requirements for Indigenous government involvement Regular MLAs are not usually engaged in the development of regulations.
- Rights and title holders
Rights and title holders
Indigenous peoples in Canada are considered rights and title holders, not just stakeholders. Aboriginal title was first recognized by King George III in the Royal Proclamation of 1763. Still, Indigenous peoples in Canada struggle to have their constitutionally protected rights recognized.
- Royalty
Royalty
A payment made to a government by the owner or operator of an extractive industry (for example, petroleum, minerals or gravel), based on the non-renewable nature of the resource. A royalty is not a tax, as the resources being extracted are usually owned by a government. The right to explore and extract may also be regulated. This amount of the royalty is based on a formula found within the jurisdiction’s resource legislation or regulations. It can be based on the value of the resource with deductions for various expenses and investments. For the NWT, the royalty regime covering petroleum and minerals was set by the federal government and has not been changed in any significant way but is the subject of ongoing review and public debate.
- Royalty rate
Royalty rate
The amount an owner or operator of an extractive operation pays to a government (usually on an annual basis). Royalties may be based on the value of the resource output during a fiscal year—sometimes defined as a percentage of revenue or profit or value of total resource extracted. The rates and any potential deductions are set in the applicable resource management legislation and/or regulations.
- Stakeholder
Stakeholder
Stakeholder is the blanket term used to describe an individual, group, or organization that stands to be affected by the outcome of a development project or a decision to make a law, regulation or policy. Stakeholders may also be rights holders, with specific rights to be involved in decision-making or as owners of other rights (for example, harvesting of wildlife) that may be affected by decisions.
- Subsurface rights
Subsurface rights
This refers to the ownership rights of any minerals, gravel or petroleum resource found below the surface of the land. In most places in Canada and the NWT, there is a separation between the surface use and ownership, and the exploration and extraction of subsurface resources which can be a source of land use and other conflict.
- Traditional Knowledge
Traditional Knowledge
This is Indigenous knowledge or values acquired through experience, observation, from the land, or from spiritual teachings, that are handed down from generation to generation.
- Treaty rights
Treaty rights
Treaty rights are defined in either historic or modern treaty agreements, and are recognized and affirmed by Section 35 of the Constitution Act, 1982. Treaties define specific rights, benefits, and obligations of the signatories, including the federal government. These rights, benefits, and obligations vary from treaty to treaty.
- Truth and Reconciliation Commission of Canada (TRC)
Truth and Reconciliation Commission of Canada (TRC)
The Truth and Reconciliation Commission (TRC) of Canada documented the history and legacy of the Indian Residential School system through its final report in 2015 with findings and recommendations. It provided those directly or indirectly affected by the system with an opportunity to share their stories and experiences. Recommendations or calls to action were made to a variety of public governments, Indigenous governments and others to continue the process of reconciliation.
- United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
This is a comprehensive statement that addresses the human rights of the world’s Indigenous peoples. UNDRIP was in development for more than twenty years before it was adopted by the United Nations General Assembly on September 13, 2007. Canada initially was one of four countries to vote against the adoption of the declaration but removed its objection in 2016. Since then, Canada has adopted legislation to assist in implementation of the UNDRIP. The Legislative Assembly of the NWT also passed legislation in 2023 requiring a number of initiatives including an action plan to review GNWT laws, regulations and policies for consistency with UNDRIP.
