This bill is from the 41st Parliament, 1st session, which ended in September 2013.
John Duncan Conservative
This bill has received Royal Assent and is now law.
This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.
Part 1 enacts the Nunavut Planning and Project Assessment Act, which implements certain provisions of Articles 10 to 12 of the land claims agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada that was ratified, given effect and declared valid by the Nunavut Land Claims Agreement Act, which came into force on July 9, 1993.
Part 2 enacts the Northwest Territories Surface Rights Board Act, which implements provisions of certain land claim agreements. In particular, that Act establishes the Northwest Territories Surface Rights Board, whose purpose is to resolve matters in dispute relating to terms and conditions of access to lands and waters in the Northwest Territories and the compensation to be paid in respect of that access.
All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.
Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-47s:
Northern Jobs and Growth ActGovernment Orders
The Acting Speaker Barry Devolin
It is my duty, pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Etobicoke North, Public Safety; and the hon. member for London—Fanshawe, Veterans Affairs.
Resuming debate, the hon. member for Dartmouth—Cole Harbour.
Robert Chisholm NDP Dartmouth—Cole Harbour, NS
Mr. Speaker, I am pleased to have the opportunity to rise and speak to this important issue as represented by Bill C-47.
Bill C-47 is not a small piece of legislation by any stretch of the imagination. I think there are upward of 170 pages. It deals with two very distinct matters, one involving Nunavut and the other involving the Northwest Territories.
There has been some concern raised, and frankly I think it well placed, that these two issues should be dealt with separately. They have sufficient magnitude in and of themselves and deal with similar yet very different issues and contexts. Therefore, the people of those regions, the people of Canada and the members of this House would have been better served had we had the opportunity to deal with these matters separately.
Having said that, I will begin by addressing each matter.
It has been said by many members of this caucus and other members of this House that matters of development in the north are very significant. The climate is changing, which is having an impact on the territories, on ice cover, on the seasonality of hunting and transportation and on the culture of many communities throughout this region. There is a great deal of work being done, but some would suggest that there is not enough work being done at this stage. However, we continue to push for the science to properly understand the environmental changes that are happening in the north as a result of climate change.
I was talking with a couple of scientists the other day who are studying fisheries under the ice to try to determine a baseline for existing species of sea life in order to discern the results of climate change, when the ice melts and there is increased marine traffic, which is happening, to hopefully know how to properly respond. There is also some research being done in Cambridge Bay where electronic monitoring devices have been placed under the water to better understand exactly what is happening as the environment continues to change.
The changing environment has a huge impact on the people who live in our north. It is creating great pressures not only in terms of the environment and the culture of the people but in terms of others wanting to exploit both the resources and possible transportation routes through the north. All of those pressures will create additional problems for that area, environmentally, culturally and otherwise.
Part 1 of the bill is the Nunavut planning and project assessment act. It is a piece of legislation that would give some structure, some framing, to development issues and how they would carry forward when there are disputes and how they would be resolved. It has a lot to do with the whole science of land use planning. It is a matter that has been under some considerable discussion with the Government of Nunavut. They recognize that this is an important piece of legislation as they transition to their own independent government as a province. That work, that devolution, is still in the works. The land claim agreement was initially signed in 1993 and ratified in 1999, I believe. The next step is to negotiate those governance questions in terms of devolution of authority from the Crown. That is expected to take a number of years yet.
In the interim, I think it is fair to say that the Government of Nunavut has been very active in trying to get this type of legislation in place to set particular standards and a particular regime for land use planning and project assessment for now and in the future, until it turns over strictly to their authority.
The Nunavut planning and project assessment act would require that the Inuit and the Government of Canada establish a joint system to oversee the way resources are managed in that territory. This agreement would represent the last outstanding legislative obligation of the federal government related to the Nunavut land claims agreement established, as I indicated earlier, in 1993. It would also fulfill the first deliverable of the recently introduced action plan to improve the regulatory regimes of the north.
This provision of Bill C-47, as it relates to the Nunavut planning and project assessment act, would also clearly spell out the roles, powers, functions and authorities of all parties, including how their members would be appointed. The parties include the Nunavut Planning Commission, or NCP; the Nunavut Impact Review Board, or NIRB; Inuit groups; and governments.
The proposed process for impact assessments would be streamlined and made more efficient, especially for smaller projects, which, it is hoped, would make investments in Nunavut more attractive and profitable, not only for come-from-away companies but for locally based operations. It would establish timelines for various decision-making points in the land use planning and environmental assessment processes to create a more efficient and predictable regulatory regime. trans-boundary and trans-regional projects would now be reviewed by joint panels. Environmental assessment requirements would also be harmonized. As necessary, enforcement provisions would establish new and more effective tools for ensuring that developers follow the terms and conditions set by the NIRB. It would also provide for the development of general and specific monitoring plans that would enable both governments to track the environmental, social and economic impacts of projects.
The bill would go further. It would define how and by whom land use plans would be prepared, amended, reviewed and implemented in Nunavut. It would define what kind and scope of activity would constitute the project. It is fair to say that these regulatory improvements are important steps toward providing Nunavut with decision-making power over the pace and magnitude of resource and land development in Nunavut.
What has already been said here today in debate is that we see this section of the bill as being something that has been sought after by the Government of Nunavut. We have certainly heard some concerns that some tweaking needs to be done. We hope that while the government was resistant to any amendments brought forward at committee, it will recognize that the bill is not perfect, by any stretch of the imagination. It does set out some direction to achieve the outcome as required, so we will certainly be supporting this part of the bill.
I want to make it very clear that the NDP supports consultation and consensus-based decision-making that respects the autonomy of the governments of both Nunavut and the Northwest Territories. We suggest that there should have been more consultation in play as it related to the Northwest Territories surface rights board act, which is part 2 of Bill C-47.
Finally, I would underline that the NDP will continue to fight for the rights of northerners and for the long-term prosperity of northern communities.
Let me move now to part 2 of Bill C-47. Part 2 is the Northwest Territories surface rights board act. The bill proclaims to apply to all of the territory of the Northwest Territories, and the land claims there too. The problem is that not all of that territory is covered by land claims. Not all of the groups have, in fact, reached agreement with the Crown on land claims.
Section 26 of the bill implements section 26 of the Gwich’in Comprehensive Land Claim Final Agreement. It implements section 27 of the Sahtu Dene and Métis Comprehensive Land Claim Agreement and section 6.6 of the Akaitcho land claims and self-government agreement. The preamble of the bill, interestingly enough, also says that the Inuvialuit final agreement provide for such a board. However, it is not clear where the legal provision is found for that agreement. Additionally, there is no provision for a surface rights board in the Salt River First Nations treaty agreement, further complicating the issue of the unsettled land claims for the Dehcho and Akaitcho first nations.
These are very sensitive issues. They do not appear to be issues that have been adequately recognized by the government. We are talking about great areas of land. The territories of the north are one-third the area of Canada. We are talking about huge expanses in the Northwest Territories, with a population of, I believe, 40,000 people. It is over a million square kilometres of area. It is a big territory. The ability to properly consult and engage with the population is significant.
Some witnesses suggested that there was no need for the establishment of this board at this particular time, that the matters that have been in dispute have been minimal and that the problems created by trying to impose a process on a territory where there are no land claims agreements is fraught with difficulty. We have heard government members stand up and say that we have to set out a process and try to avoid the possibility of disputes going into the courts. However, that is where they are headed if they continue to not recognize the rights of the first nations people who are in these territories, the Inuit. They have traditional rights and are demanding that those rights be recognized.
The Idle No More movement has raised the heads of people who have said to the Conservatives that they have a duty to consult with them as Canadians. They have a constitutional duty to consult with them as first nations, Inuit and Métis peoples. If they continue to ignore the fact that they have those responsibilities, they will be moving forward in a manner that is not going to be conducive to the proper development of governance and the proper development of ownership and resource development. Certainly, I would suggest, that is in no one's interest.
We were disappointed. Fifty amendments were introduced by the opposition at committee, 47 by the official opposition and three by the Liberals. Those were amendments asked for by witnesses. The Conservatives talk about how they have engaged in fulsome consultation with the groups that would be affected. Yet while these groups recognized that this legislation, in its intent, was solid, there were changes necessary. As I have said in this House on many occasions, it is our responsibility to ensure that the legislation that leaves here is the best it can possibly be. It is one thing to get legislation through, but to get it changed is a whole different kettle of fish. It is extraordinarily difficult.
We have the situation, with respect to the Northwest Territories, that it is much further along in that whole devolution of governance process. It may not be that many more years before it will be able to correct the problems that have already been raised and the authority, as provided under this legislation, will pass to them in a few short years, perhaps, and then it will be able to correct those problems. That is not the case as it relates to the agreement for Nunavut. That is why the member for Western Arctic asked that one of the amendments be for a five-year review. It would be put in this legislation that in five years there would be a proper review to ensure that it was working.
I indicate again our respect for the governments of the Northwest Territories and Nunavut for making sure that development occurs in a manner they approve of and have control of. I urge all members, especially the Conservatives, to recognize our responsibility to recognize the rights of those governments.
LaVar Payne Conservative Medicine Hat, AB
Mr. Speaker, as I understand it, non-designated areas, unsettled areas, are crown lands, and inherently the Crown consents to surface access when issuing subsurface rights under the act of Parliament.
Where there is an owner-occupant on those lands that are not part of the land claims agreement, a dispute could be heard before the board. The act would not impact land claims negotiation, as it would not be within the board's jurisdiction on unsettled land claims unless there is an owner or occupant on those lands.
Those who are negotiating claims have been consulted throughout the development of this bill. I would like to get the member's comments on that.
Robert Chisholm NDP Dartmouth—Cole Harbour, NS
Mr. Speaker, it is not unlike the way the government responded when we said, under Bill C-38 and Bill C-45, that it was not consulting where it was required to, and it said that it had consulted just fine and that everything was good to go. Subsequently we have seen the Idle No More movement. We have seen first nations groups from one end of the country to the other file suit in the Supreme Court of Canada to challenge the government on that very question of consultation and rights.
That is the point the government continues to miss. Even though there is not an agreement, it fails to recognize the inherent right of the first nations people, the Inuit and the Métis to these lands.
Kevin Lamoureux Liberal Winnipeg North, MB
Mr. Speaker, my question for the member is in regard to development of the Northwest Territories, or any territory in the north. There is always a great concern about economic development. I share in many of those concerns, especially those related to the environment, along with the impact it is going to have on those who call these communities their home.
Does the member feel there is enough environment protection today to meet the potential demands from the different interests or stakeholders who are not necessarily associated with the north today but who would no doubt like to get their foot in the door?
Robert Chisholm NDP Dartmouth—Cole Harbour, NS
Mr. Speaker, I am very concerned about the lack of environmental protection to deal with any development that will go forward.
As we know, under Bill C-38, the Canadian Environmental Assessment Act was completely repealed and rewritten. The Fisheries Act, and the ability or responsibility of the government to protect fish habitat, has been seriously constrained. The changes to the Navigable Waters Protection Act have resulted in very significant changes, as have the changes to the responsibilities of Canada's offshore petroleum boards. There have been so many changes over the past year that have taken away much of the ability of the government to protect an environment as vulnerable as that in the north that it causes me, and a lot of other people, concern.
That is what exists now, let alone what is going to exist in the future. As I said, the ice melts and marine traffic increases, and the questions of oil spills, of invasive species, continue to rise. We are in no position at this point to protect the environment the way we should, with or without our partners.
Jean Rousseau NDP Compton—Stanstead, QC
Mr. Speaker, we have heard a lot about perfect consultation. The Liberals said they might have done it in the past. I am wondering if the member could describe perfect consultation to me. This is a concept that I do not understand anymore, because obviously in committee the Conservative government has not answered any of our requests with respect to amendments.
Could the member describe perfect consultation to me?
Robert Chisholm NDP Dartmouth—Cole Harbour, NS
Mr. Speaker, I could talk to the member more about what is not perfect consultation, and that is the way the Conservative government has been conducting itself.
The government failed to consult with respect to Bill C-38 and Bill C-45. It failed to consult with respect to the changes to EI. It failed to consult with provincial premiers whose provinces are going to pick up after the people who are turfed off the EI roles because of ineligibility as a result of what the government is doing with its integrity police. Employers and unions were not consulted. There has been a real lack of consultation on the part of the government. The Conservatives have taken the attitude that something is either done now or later but it has to be done. Unfortunately, we are going to be doing more of it in the courts, and that could have been prevented had the government held consultations now.
Northern Jobs and Growth ActGovernment Orders
London North Centre Ontario
Conservative
Susan Truppe ConservativeParliamentary Secretary for Status of Women
Mr. Speaker, I was pleased to hear that the official opposition supports the bill.
We have done our homework, and Bill C-47 is good sound legislation that will implement land claim agreements. It is good for Nunavut, and it is good for the Northwest Territories. It will help increase predictability and efficiency so that northerners can achieve the prosperity they seek. Let us allow Bill C-47 to continue its journey through the legislative process in the Senate and help to ensure that the benefits of this legislation make their way to northern citizens.
Robert Chisholm NDP Dartmouth—Cole Harbour, NS
Mr. Speaker, we will be voting in favour of this piece of legislation and it will go through. However, that does not mean that there are not some weaknesses that need to be addressed and that there were not some weaknesses in the process that the government needs to be aware of so it does not happen again. The government has stood up and faced opposition from us, and Canadians, to various pieces of legislation it has brought forward, and it has been unwilling to change.
We do not only have the duty to consult with first nations, Inuit and Métis people, but we also have the duty to accommodate and the duty to recognize inherent treaty rights and rights to land. The more the Conservatives want to put their heads in the sand and not recognize those principles, the more trouble they are going to face and the more trouble they are going to create, not only for Canadians, but also for first nations, Inuit and Métis groups in this country.
Jean Rousseau NDP Compton—Stanstead, QC
Mr. Speaker, first, I would like to indicate that I will be sharing my time with the hon. member for La Pointe-de-l'Île.
The short title of Bill C-47, An Act to enact the Nunavut Planning and Project Assessment Act and the Northwest Territories Surface Rights Board Act and to make related and consequential amendments to other Acts, is the Northern Jobs and Growth Act.
Having observed the government for nearly two long years now, I am skeptical, to say the least, when I see the words “jobs” and “growth” in the same sentence. This is a far cry from what the constituents of my riding and other ridings in Canada have seen since May 2, 2011. What they are seeing is an effective opposition that is always vigilant. We do not have any choice.
However, let us give the government the benefit of the doubt. The bill's intentions are certainly good, since they respond to many of the expectations of the public and stakeholders affected by this legislation. It is important to point that out. We will support the bill introduced by the Minister of Aboriginal Affairs and Northern Development on November 6, 2012. The bill brings together two acts, which I named earlier. However, these two acts should have been examined separately.
Ideally, we wanted the bill to be sent to committee so that amendments could be made based on the testimony heard. To our utter amazement, our 50 amendments were all rejected or deemed inadmissible by the Conservatives in committee. It's not a perfect world. This is proof positive that the Conservatives have no idea what a fair and democratic Parliament entails. Let us not talk about fairness. They do not know what that means.
Fifty amendments were proposed. They were all based on the requests of witnesses from the Nunavut Impact Review Board, Nunavut Tunngavik Inc., the Northwest Territories Association of Communities, the Government of the Northwest Territories, the Nunavut Chamber of Mines, and Alternatives North. This is yet more proof that the government does not listen to the public or to the various stakeholders from the communities involved.
Subsequently, the Nunavut Land Claims Agreement provides that the Inuit and the Government of Canada establish a joint system, in partnership, to oversee how resources will be managed in the territory of Nunavut. The Nunavut Planning and Project Assessment Act provides a legal framework for this, as does the Yukon Surface Rights Board Act, which was created in 1994 to fulfill an obligation of the Canadian government at the time resulting from the Yukon Umbrella Final Agreement.
The board is a tribunal whose primary role is to resolve access disputes between those owning or having an interest in the surface of the land and others with access rights to the land. These disputes are primarily related to accessing or using Yukon first nation settlement land and, in certain circumstances, disputes involving access to or use of non-settlement land.
As I said, we will be supporting the bill. However, we also wanted to support consultation and decision-making based on a consensus that respects the autonomy of the governments of Nunavut and the Northwest Territories. This is a crucial part of any discussion about development, jobs and economic growth. We know that all the research done on minerals and the development of these areas represents the economy of the future. Since it is the economy of the future, we need to take these populations, their rights and their demands into account.
We based our amendments on important testimony we had heard. However, all of our amendments were rejected or deemed out of order in committee. This is unacceptable on the part of a government that claims to be democratic and that has been talking non-stop about jobs and growth since it won a majority on May 2, 2011.
Fortunately, on May 2, 2011, Canadians also elected a strong and effective opposition: the NDP. We will continue to work hard and defend the interests of all communities.
The Nunavut Planning and Project Assessment Act has six components.
Part 1 confirms the establishment of the Nunavut planning commission and the Nunavut impact review board.
Part 2 defines how planning will be done in the territory.
Part 3 sets out the process by which the commission will examine repercussions. It will also examine specific project proposals and determine whether they conform to the land use plan.
Part 4 provides an opportunity for the board, with the support of government, to review and assess projects outside the Nunavut settlement area that may nevertheless have an adverse impact on the Nunavut settlement area.
Part 5 contains provisions for coordinating the activities of government institutions, the use of information, monitoring, the establishment and maintenance of public registries, grandfathering, and administrative matters.
These are all administrative, technical and sometimes complex measures. The population and the governments of these regions who will be affected by the application of these bills should be consulted.
That is why we wanted those 50 amendments. Even if the Conservatives had accepted only five amendments, that would have represented 10% of the total, which would surely have been a record.
I am shocked every time I see the definitions included in this bill. Every bill provides definitions, but in this bill there is a definition for wildlife area, critical habitat, wildlife sanctuary, migratory bird sanctuary, wetland of international importance, marine protected area, Canadian heritage river and a historic place designated under the Historical Resources Act.
It makes me crazy because the government botched a bill that eliminated protection for 98% of our navigable waters.
When we talk about the environment and such things as wildlife sanctuaries, we have to wonder what the government has in mind. We wonder how the government will define and apply these laws that protect important resources for the first nations living in those areas when the time comes to enforce them.
We wanted the government to consult more and to listen, but most of all we wanted the governments of those regions to be heard.
This will always be a disappointment because we live in a democratic society where we share information and help one another. However, often there is a total lack of any such process.
Fortunately, the NDP is here. We will continue to protect the rights and interests of northern residents and to promote sustainable prosperity for these northern communities. I have already spoken about the reasons for this. It is because the far north holds the key to the future. Wherever there is development and growth, my colleagues and I will be present to defend the interests of the people who live there. This will have an impact on all of Canada.
Romeo Saganash NDP Abitibi—Baie-James—Nunavik—Eeyou, QC
Mr. Speaker, I thank my colleague for his excellent speech. As always, he is passionate and a pleasure to listen to.
I have a question for him about the amendments to this bill proposed by the official opposition. These amendments were proposed in response to testimony from several groups, including the Nunavut Impact Review Board, Nunavut Tunngavik Inc., the NWT Association of Communities, the Nunavut Chamber of Mines and Alternatives North. These groups are directly affected by this bill.
The government often claims to have consulted people in the north and then washes its hands of the supposed consultation, but we know that it has a constitutional obligation to consult and to accommodate. That is an essential condition of this constitutional obligation.
I would like to hear what my colleague has to say about that.
Jean Rousseau NDP Compton—Stanstead, QC
Mr. Speaker, let us talk about this government's obligations and about respect.
So many other majority governments before the current Conservative government have honoured signed treaties, which have always allowed for discussions with first nations members, the people who live on this land, but we are not seeing that in this case.
These consultations were properly held. All we are asking is that the government listen to these people and respect their fundamental values: respect for traditions, cultures and, especially, respect for the land, its complexity, its vastness and its immense beauty. The government says no.
We are laying the foundations that will certainly be necessary for development and growth in the area, but once again the government is showing a lack of respect for people who are asking for nothing but to be part of Canada. However, the government forgets that and we start over every time.
Jonathan Tremblay NDP Montmorency—Charlevoix—Haute-Côte-Nord, QC
Mr. Speaker, we talked about the 50 or so amendments that were systematically rejected. We talked about the fact that the agreements were reached over 20 years ago and that successive governments could have done something long before now, but they did nothing. We also talked about the companies that represent first nations and that would have liked to have more time to propose other amendments to improve this bill. This work should have been done 20 years ago. Now it is being done quickly, without listening to people.
I wonder what my colleague's thoughts are on this, but I think it is perhaps time to see a new government.
Jean Rousseau NDP Compton—Stanstead, QC
Mr. Speaker, the consequences of not consulting and not respecting these populations can include serious environmental repercussions in the Northwest Territories and Nunavut. This could have an extremely harmful impact on the environment. We are already having problems with climate change, melting glaciers and declining fish stocks that can no longer meet the needs of coastal fisheries.
The most important consideration is the repercussions and consequences of this for people, for natural habitats. This government claims to listen to people from coast to coast to coast. There is enormous potential for growth on the northern coast, but we must show respect. Development will bring royalties. We want to enable these nations to evolve, but in keeping with their traditions, their culture, which is hundreds if not thousands of years old, since these populations were here long before us.
Once again, it is unacceptable for this government to completely ignore all the consultations and all the amendments that were proposed.