Industry has undue access over regulations, Alternatives North says

Alternatives North is alleging the mining industry could have an outsized impact on NWT regulations with disproportionate access to information and senior territorial officials.

The NWT and Nunavut Chamber of Mines disagrees that industry has been given preferential treatment, while the NWT government denies mining companies have “undue influence” over the development of regulations.

Last week, Alternatives North – an NWT social, environmental and economic justice coalition – said it had obtained more than 800 pages of internal communications between the territorial government and industry representatives about Mineral Resources Act regulations, which are in development.

The regulations will help to shape how mining companies do business in the NWT and their responsibilities.

The documents, which include emails as well as meeting and speaking notes, indicate officials from the Department of Industry, Tourism and Investment met with mining companies and the mining chamber numerous times about the impending regulations between January and September 2025.

Alternatives North argues the documents strongly suggest “regulatory capture,” or when a regulatory body acts in the interest of the industry it is supposed to be regulating rather than the public interest.

Kevin O’Reilly, a spokesperson for Alternatives North and a former NWT MLA, said while it’s clear the territory needs to meet with industry about the regulations, mining companies have “unprecedented and privileged access” not afforded to any other party.

O’Reilly said that has included numerous meetings with senior department officials, access to information that has not been made public, and the ability to ask questions and get responses.

“That’s not the way that regulations should be developed by a regulator,” he told Cabin Radio.

“There’s never been an opportunity for everybody to sit down together in one room at the same time to hear different perspectives and to be part of the input into the regulations.”

O’Reilly said, for example, the documents show the GNWT shared proposed royalty models with industry and signed non-disclosure agreements with two mining companies regarding information about how a new royalty regime could affect their operations.

Meanwhile, he said, the department did not hold any public engagement on the regulations between February 2023 and October 2025.

Organization calls for accountability, transparency

Alternatives North and environmental non-profit Ecology North previously alleged “disproportionate engagement with industry” in a December 2025 joint submission to the GNWT about the regulations.

The organizations requested that the territorial government share the same information with them that the mining companies had received.

O’Reilly said Alternatives North has yet to receive that information.

Alternatives North said the Department of Industry, Tourism and Investment has a dual role as both a promoter and regulator of the sector, including responsibility for ensuring public and Indigenous governments get a fair share of benefits from mining. It asserts privileged access is in conflict with regulatory obligations.

The organization wants the GNWT to:

• make all reviews and research public;
• release all submissions on development of the regulations by parties outside government, and detailed responses;
• disclose meetings and correspondence;
• hold multi-stakeholder engagements; and
• create a public registry with user-specific notifications.

Chamber, GNWT deny undue influence

In a statement to Cabin Radio, the GNWT said it does not agree with Alternatives North’s “characterization that engagement with industry stakeholders reflects undue influence over the process.”

“Engaging with those who will be affected by regulations is a standard part of responsible policy development across government,” the government wrote.

The territory said engagement with industry on the mining regulations is “focused on gathering information needed to ensure regulations are practical, enforceable and aligned with best practices.”

The GNWT added the regulations are being co-developed with Indigenous governments and it has engaged with non-governmental organizations and the public.

In a statement to Cabin Radio, Karen Costello, executive director of the NWT and Nunavut Chamber of Mines, said it is “vital” that industry be involved in development of the regulations.

“Regulations need to be part of creating a positive investment environment otherwise companies will go elsewhere,” she wrote.

Costello argued the mining industry has “not had any preferential treatment.”

She said industry “has many issues” with the GNWT’s policy intentions and “is looking to be a collaborative partner in dealing with the development of the regulations.”

Regulations needed to enforce act

The regulations under development are required to enact the territory’s Mineral Resources Act, which MLAs passed in 2019. The GNWT has said passing the regulations before the end of the current Legislative Assembly is a priority.

The act is intended to regulate mining in the NWT under legislation developed by the territory, rather than the federal government, for the first time following devolution in 2014.

In its statement to Cabin Radio, the GNWT said the objective of the act and associated regulations is to “modernize the Northwest Territories’ mineral management framework to provide greater certainty for the sector while ensuring responsible development, environmental protection and fair benefits for residents and Indigenous governments.”

The NWT government released policy intentions in December 2022 that it said would guide the drafting of regulations. It has since held public engagements in 2022, 2023 and 2025.

A draft of the proposed regulations has not yet been made public.

Concern about royalties

The documents obtained by Alternatives North indicate much of the discussion between industry and territorial officials on the impending regulations focused on royalties.

According to the documents, under the NWT’s proposed new royalty regime, mines would be required to pay a minimum annual royalty calculated as one percent of the revenue of minerals leaving the territory.

While mining companies raised concerns about that potential change numerous times, the GNWT responded that several other Canadian jurisdictions have introduced minimum royalties without negative impacts on industry. The territory said models indicate the minimum royalty would not have a real impact in the NWT.

The GNWT told industry the current royalty regime, which was created by the federal government in the 1990s, no longer meets its needs.

“No mine should operate in the NWT and pay no royalties throughout the mine life,” the territory wrote, noting that is possible under the current regime.

Snap Lake Mine, which De Beers operated between 2008 and 2015, did not pay any royalties during its life.

Territorial officials said instituting a minimum requirement would not impact the total amount of royalties mines have to pay over their lifetime but would affect the timing of payment.

The GNWT added that minimum royalties applied when a mine has not achieved full profitability could be deducted from later royalty payments.

Other issues industry raised included a desire for existing mines and advanced projects to be exempt from the new regulations, as well as for the introduction of online map staking to be accelerated. Mining companies also told the GNWT they opposed a proposed review requirement for benefit agreements with Indigenous governments.

Several times, industry representatives said they felt they were not being heard.

The GNWT, however, said it heard mining companies’ concerns “loud and clear” and their input would impact development of the regulations.

Territorial officials said they wanted to make necessary regulatory changes with “as little negative impact on the mining sector as possible.”