Northern Jobs and Growth Act

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

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

John Duncan  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 12:05 p.m.
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Vancouver Island North B.C.

Conservative

John Duncan ConservativeMinister of Aboriginal Affairs and Northern Development

moved that 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, be read the second time and referred to a committee.

Mr. Speaker, our government's priorities reflect the primary concerns of all Canadians, which are jobs and economic growth. Northerners, like all Canadians, want good jobs and access to the economic opportunities that will allow them to prosper for generations to come. The north is home to world-class reserves of natural resources, representing tremendous economic opportunities, not just for northerners but for all Canadians. Our government is committed to doing its part to allow northerners to take advantage of those opportunities.

During his recent trip to the north, the Prime Minister stated, “Our government is committed to ensuring that northerners benefit from the tremendous natural resource reserves that are found in their region”. For the benefits to flow, it is necessary to get resource projects up and running in an effective and responsible way and to put agreements in place with territorial governments to ensure that revenues generated by the initiatives stay up north.

Since 2007, we have taken concrete steps toward this objective. For instance, in 2007 we announced Canada's northern strategy, which recognizes the unique place the north holds in Canada's great history and the important role that it must play in the future for our country. The northern strategy is focused on fulfilling four key goals: first, exercising our Arctic sovereignty; second, promoting economic and social development in the north; third, protecting the north's environmental heritage; and fourth, improving and devolving territorial governance. Building on these priorities, we launched our action plan to improve northern regulatory regimes in 2010. The action plan committed our government to addressing some of the regulatory impediments to job creation in the north.

On November 6, 2012, our government introduced the northern jobs and growth act. This act would fulfill legislative obligations flowing from land claim agreements and it would contribute to improving the conditions for investment that will lead to jobs for Canadians while ensuring the north's resources are developed in a sustainable manner.

An improved regulatory regime will allow aboriginals, communities and others to better participate in decision-making concerning the use, management and conservation of land, water and natural resources in the north. We have been working with our northern partners to develop such a regulatory regime. I am pleased to report that we are well on our way to success.

Bill C-47 represents an historic contribution to an improved regulatory regime for the north. Through this bill, we would create a regulatory regime for resource development in the north that is consistent across the three territories, that is based on sound science, that has clearly defined timelines, that safeguards the environmental health and heritage of the region, that is founded on balanced input from the people who have a stake in development projects, that includes meaningful consultation with and contributions from aboriginal people, that reflects the intent of the land claim agreements, and that puts northerners in an ideal position to reap the benefits of resource development, more well-paying jobs, increasing levels of prosperity and greater long-term economic growth.

As Jane Groenewegen, the MLA for Hay River South in the Northwest Territories said following the introduction of Bill C-47:

But what we have in place here, right now in the Northwest Territories, does not work, so good on the federal government for finally figuring out a way to streamline this and let’s get on with business.

We have had support from others as well. Nunavut Premier Eva Aariak called Bill C-47 “an important milestone in establishing an effective and streamlined regime for Inuit and government to manage resource development in Nunavut together”.

The private sector, too, has recognized the importance of this legislation. The Mining Association of Canada's Pierre Gratton said:

The new regulatory regime will help to enhance the territory's economic competitiveness for mineral investment, while ensuring projects go through a robust assessment and permitting process.

Those are just a few examples of the support for our northern jobs and growth act.

We believe that we have garnered such strong support from the people it would impact the most because we developed it by listening to northerners. Our government recognizes that northern Canada is unique and that resource development must be pursued in a manner that reflects the political, economic and cultural aspirations of the northern people, and that reflects the unique environmental challenges of northern development.

With this legislation, we would fulfill our legislative obligations to the people of Nunavut under the landmark 1993 Nunavut land claims agreement. Specifically, Bill C-47 would fulfill the Government of Canada's obligation to enact legislation governing the development of land use plans and the conduct of environmental assessment processes for resource development projects. With Bill C-47, we would meet our final legislative obligation related to the agreement by legislating the roles and responsibilities of the Nunavut Planning Commission and the Nunavut Impact Review Board and clearly defining the powers, duties and functions of those two bodies. This would provide the legal certainty and predictability required for resource managers and industry, as well as ensure the sustainable development of northern resources, while promoting economic development by boosting investor confidence. This would provide long-term benefits for Nunavummiut.

Furthermore, the approach proposed by Bill C-47 would establish the Nunavut Planning Commission as the single point of entry for all projects that seek approval. In addition, Bill C-47 would make it possible for territorial and federal governments and Inuit organizations to manage northern resources and lands wisely. The bill would affirm the power of governments and Inuit organizations to nominate members to the Nunavut Impact Review Board and the Nunavut Planning Commission.

We would also fulfill our obligations to the people of the Northwest Territories by using Bill C-47 to establish the Northwest Territories surface rights board. The board would contribute to greater certainty and predictability for long-term economic growth and job creation in the territory. I want to make it clear that the board would not grant mineral or oil and gas rights. The Northwest Territories surface rights board would, on application, make orders related to terms, conditions and compensation only where it has been requested to do so and only after such rights have been previously issued. By putting in place the board and the rules under which it would operate, Bill C-47 would fulfill the Government of Canada's obligations arising from the Gwich'in comprehensive land claim agreement and the Sahtu Dene and Métis comprehensive land claim agreement, both of which refer specifically to the need for the creation of a surface rights board.

The provisions of Bill C-47 are also be consistent with the other two comprehensive land claims and self-government agreements in the Northwest Territories: the Tlicho agreement and the Inuvialuit final agreement. Establishing this new board means that the Government of Canada has fulfilled its obligations to the aboriginal peoples of the region.

That is not all. Since orders of the Northwest Territories surface rights board would be final and binding, rights holders, land owners and occupants would have a powerful incentive to negotiate and agree on terms, conditions and compensation for access that would benefit all parties.

Most importantly, the establishment of a surface rights board in the Northwest Territories would not only fulfill land claim agreement obligations, but it has the potential to improve timely access to surface and subsurface resources. It would also increase the predictability and consistency of the northern resource management regime, which in turn would lead to long-term economic growth and job creation in the territory.

The benefits of setting up this new process go far beyond the limits of smoother transactions. By setting up the Northwest Territories surface rights board, Bill C-47 would create a single, clear, balanced and fair dispute settlement mechanism for access disputes for all of the Northwest Territories.

The Government of Canada has worked with our northern partners to develop this improved regulatory regime. In a very real sense, the bill before us is created by and for northerners. To create the legislation that governs planning and project assessment in Nunavut, we worked closely with a variety of people and groups throughout the territory. The focus of our efforts was the Nunavut legislative working group, which comprised the Government of Canada, Nunavut Tunngavik Inc. and the Government of Nunavut, supported by the participation of the Nunavut Planning Commission and the Nunavut Impact Review Board. Our government also consulted with the public, with industry officials and with representatives of local governments, aboriginal organizations and environmental organizations.

The same extensive consultation went into developing the Northwest Territories surface rights board. Beginning in 2010, we distributed a series of draft legislative proposals to our counterparts in the territorial government, representatives of many industry associations and leaders of 13 aboriginal groups and governments.

We followed up with information and consultation sessions with aboriginal groups and governments with settled claims, those negotiating claims and transboundary groups with interests in the Northwest Territories. We also met and consulted with industry associations, environmental non-government organizations and the Northwest Territories government.

Bill C-47 responds to a chorus of other groups calling for action. Territorial governments have asked for better coordination and clearly defined time periods for project reviews. Resource companies have urged us to make the review process more streamlined and predictable. All Canadians want to make sure that promising opportunities will no longer be delayed or lost due to complex, unpredictable and time-consuming regulatory process.

So much is at stake. Canada has tremendous potential in minerals, oil and gas. As The Conference Board of Canada points out:

The world is hungry for Canada's resources, and much of what we have—gold, silver, copper, zinc, diamonds, oil, and gas...are to be found in our vast Northern spaces....

The Prime Minister drove home that point during his recent annual visit to Canada's north. He said,

Those who want to see the future of this country should look north. ...that great national dream—the development of northern resources—no longer sleeps. It is not down the road. It is happening now.

Right now the mining and energy sectors account for 25% of territorial GDP and directly employ 5,000 northerners. The future looks bright.

Currently, there are 25 advanced mining projects in Yukon, Nunavut and the Northwest Territories. These projects, worth more than $38 billion in potential new investment, are awaiting federal regulatory approval. If developed, they would create more than 8,000 new direct full-time jobs, the majority of which would go to northerners. Thousands of additional jobs would be created for northerners in sectors that serve and support large-scale mining operations. Not only would this create employment, but development would have a positive multiplier effect in the region and in the rest of Canada by contributing to long-term economic growth and prosperity.

Bill C-47 is the way we turn that potential into reality. Let us seize that promise, and let us generate more jobs, increased prosperity and greater long-term economic growth in the north. Let us fulfill our obligations to northerners. Let us adopt Bill C-47.

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 12:20 p.m.
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NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, New Democrats have some concerns with the fact that two very specific acts were lumped together in one piece of legislation. It certainly may cause some difficulty at committee. We need to have a fulsome discussion of this particular bill at committee, because there are many aspects of it that are extremely important to northerners.

I want to ask the minister a question. Quite obviously, land use plans are an integral part of the Nunavut Act. Over the past dozen years, the Mackenzie Valley Resource Management Act has been implemented, and one of the provisions in that act was land use plans in the various regions of the Northwest Territories. Every group that has looked at it, including the government's own independent consultant who looked at environmental assessment throughout the north, recognized that these land use plans had to be put in place in order for the legislation to work properly. However, to this day, there are no land use plans in place in the Northwest Territories, and the government is considering other changes to the Mackenzie Valley Resource Management Act that would change the very structure of environmental assessment in the north.

How can the minister guarantee that this Nunavut Act is going to work in a good fashion if the fundamental principle of it is to get the land use plans in place? The federal government has been incredibly slow and inactive on this file. We have a situation where the legislation looks good, but how can we guarantee that the implementation of the legislation is going to move any faster in Nunavut than what has occurred in the Northwest Territories?

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 12:20 p.m.
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Conservative

John Duncan Conservative Vancouver Island North, BC

Mr. Speaker, I am not quite sure where the member is coming from with his question. There is growth in the GDP in Yukon and Nunavut, and the only jurisdiction in Canada in which there was a shrinkage in GDP was the Northwest Territories, which is the very area the member represents. If anybody has a vested interest in streamlining regulations, it is the member for Western Arctic.

The legislation we are putting forward has no critics in Nunavut or Yukon. This is widely accepted as a straightforward proposal. There is one issue. In the NWT, there is a series of comprehensive land claim agreements and some unsettled areas and we are overlapping that with some serious devolution negotiations right now with the Government of the Northwest Territories.

When I met less than two weeks ago with some of the aboriginal groups in the Northwest Territories, it became very clear that they are at the point of adopting their land use plans. We are looking at major progress there. I do not see this as any kind of impediment. All I see is great progress and great excitement in terms of this legislation.

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 12:25 p.m.
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Kenora Ontario

Conservative

Greg Rickford ConservativeParliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development

Mr. Speaker, I thank the minister for his leadership, particularly in this area. I am thinking back to the work on the Eeyou marine agreement. The member for Abitibi—Baie-James—Nunavik—Eeyou has worked with us to move this kind of legislation, which considers large swaths of land in the northern parts of the provinces for the purposes of the northern jobs and growth act in the western Arctic and across Nunavut. We know there are challenges in the north. Notwithstanding something like a carbon tax, which would increase expenses and operations in the north, there are other things like land claims and the environment and of course regulatory frameworks that seek to strike a balance on a number of these issues. I wanted to take this opportunity to appreciate that and to then pose a question to the minister.

During the consultation process, we understand the Nunavut land claims agreements needed some amendments and that the Nunavut Tunngavik Inc. organization was required to accommodate some amendments. Would the minister elaborate on the agreement that was struck with NTI and Canada to ensure that the bill conforms with its land claim agreements, all for the purposes and superordinate goal of unlocking the potential for economic opportunity across vast regions of northern Canada?

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 12:25 p.m.
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Conservative

John Duncan Conservative Vancouver Island North, BC

Mr. Speaker, the parliamentary secretary's question is a good example and illustration of the support this legislation has with respect to the Nunavut territory.

Nunavut Tunngavik Inc. is the organization that represents the Inuit in their land claims settlement. It worked very closely on this working group. It is my recollection that it had to make 21 changes to the land claims agreement in order to accommodate what this legislation is proposing. It did that more than willingly, which is what has allowed us to move forward, along with the co-operation of all of the other partners.

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 12:25 p.m.
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Conservative

Mark Strahl Conservative Chilliwack—Fraser Canyon, BC

Mr. Speaker, I thank both the minister and the parliamentary secretary for their roles and participation in this morning's dedication ceremony of the beautiful stained glass window in the outside foyer commemorating the apology for the residential schools and the efforts to reconcile that. It was a great ceremony.

However, I have a question about this legislation. Would the minister describe the extensive consultation process that took place leading specifically to the development of the bill in relation to the Nunavut planning and project assessment act? Would he share that consultation process with us?

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 12:25 p.m.
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Conservative

John Duncan Conservative Vancouver Island North, BC

Mr. Speaker, work on the Nunavut planning and project assessment act began in 2002, so there has been over a decade of diligent negotiations. In my speech I spoke to the Nunavut legislative working group. Obviously, it was the major workhorse in getting this bill together in draft form in the summer of 2006.

There have been several iterations of the bill since 2006. Therefore, many people have had an opportunity to share in this legislation. There have been public meetings since that time. The industry sector also had a good chance to kick this around. I detect wholesale agreement that we have the best possible legislative package, in this case.

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 12:30 p.m.
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NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, the Northwest Territories is a prime example of a mining economy. When the minister talks about our GDP going down this year, that is because the capital investment in the mines took place in the previous year.

We all know the mining industry in the Northwest Territories. We understand its pitfalls and benefits. However, the minister is denigrating the Northwest Territories on its economic performance, when it is really about how the mining industry works. When diamond mines invest hundreds of millions of dollars in one year to do their underground works and then do not invest the next year, yes, we see a drop in the GDP.

Does the minister not agree that is the sort of work we have to deal with in the Northwest Territories and the mining industry throughout the north?

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 12:30 p.m.
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Conservative

John Duncan Conservative Vancouver Island North, BC

Mr. Speaker, there are many statistics out there.

Recently, I met with members from the Mining Association of Canada and there were representatives there from the north. It is very clear that the economic indicators are of concern for NWT and that is why they are embracing the legislation, which is one of the reasons we are starting to see renewed confidence.

I think this is all good. I am certainly a booster of NWT, the NWT government and the aboriginal organizations, which are working with a spirit of co-operation that I would say is enlightened and progressive.

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 12:30 p.m.
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NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, I am pleased to rise on this particular bill. It is a bill that is very important to the people of the north. As a northern representative, I look forward to dealing with our northern regulatory issues in good fashion, in a fashion that can promote development but can also protect our environment.

Northerners have lived through all of that. There is no question that in the Northwest Territories we understand the nature of the mining industry. As I mentioned to the minister earlier, it is an up-and-down industry. Mines are created. There is huge capital investment in the mines. Afterwards there is an ongoing process with operations and maintenance of those facilities. That creates an up-and-down nature in the gross domestic product of our very small territory. Our territory has 45,000 people in it. Adding in a very large capital investment causes the GDP to rise. We are accustomed to that. We have lived through these boom-and-bust cycles with the mining industry over and over again.

It is very important that we understand the mining industry. It is very important that we know what mine plans do to our economy. It is very important to understand how much mining will benefit the north and where that line can be drawn. When the minister talks about 8,000 jobs in the mining industry going to northerners, he is not really being accurate. It is pretty hard to fill the existing mining jobs in the Northwest Territories with northerners. We run about 50%, and we are topped up. We are topped up in the mines that we have already.

We do have some room to add on mining jobs in the Northwest Territories. However, when we talk about 8,000 jobs, we are talking about increasing our population by a very large extent if we want to fill those with northerners. When the population of the Northwest Territories is increased, enormous pressure is put on the government because the cost of living and the cost of providing facilities in the north is so high.

We view mining very carefully. It is important for our economy. We live with the results of mining. When it comes to the environment, throughout the Northwest Territories we live with the results of mining. We live with the results of bad decisions, decisions improperly made or made too quickly. Those decisions have led us to projects such as the Giant Mine, the worst environmental nightmare in Canada. The only solution for the 270,000 tonnes of arsenic underground is to perpetually freeze it in place so that future generations can deal with it.

The government is on the hook for billions of dollars for the Giant Mine over the foreseeable future. What we see there is what happens when environmental assessment does not work right. What we see with other projects is the same thing. We can look at the Pine Point Mine and the result of that. There is no money left for reclamation. The site was left abandoned. The investment in the community was abandoned.

These are things that we live with in the Northwest Territories. We understand mining very well. We understand its relationship to the environment. Probably more so, the Yukon has the same understanding. Nunavut is just moving into an understanding of mining and how it will work out in its vast territory. I am glad to see that the Nunavut land claims agreement is moving forward, considering that it has been in preparation for almost two decades. We can perhaps understand the frustration of those people who live in Nunavut, in getting their legislation in place and in understanding how that is going to work.

That is one of the reasons why I would love to see the bill split. Nunavut could move forward very quickly. There would be minor amendments, which we understand people are interested in making. That would open an opportunity for Nunavut's people to have a better hold on their regulatory process, a process that, as I pointed out earlier in my question to the minister, is focused on land use planning.

Land use planning is the key element. It is certainly very important. However, we have seen little progress in the Northwest Territories on approving land use plans, which have been worked on for a dozen years. Whether in the Sahtu, Gwich’in or Inuvialuit areas, land use plans need to be developed. In the unsettled claim area of the Dehcho in the Northwest Territories, an interim land use plan was proposed to deal with the issues. That has not found success with the federal government.

We want to see the bill move forward as quickly as possible. It is a start in the right direction for Nunavut. However, let us hope that when it is put in place the land use plans come very quickly. These land use plans are not written in stone. They are amendable over a certain period of time so that people can adjust them accordingly, so that they work for people in a good fashion. That is exactly what should happen with them. Let us go ahead with Nunavut and get that through.

With regard to the Northwest Territories and the surface rights board, it is a much more difficult issue in some ways. Unlike Nunavut and the Yukon, we have unsettled areas where there has not been an agreement to have a surface rights board. That is not in place yet. That has not been negotiated between the traditional landowners, the first nations of the Dehcho or the Akaitcho, which is quite a large area of the Northwest Territories. Therefore, what we would be doing with the act is putting in place legislation that has not gone through the process that it has for the Tlicho, the Sahtu and the Gwich’in, where this was negotiated and agreed to by both parties. What we have is a situation where it is going to be put in place, regardless.

Within the bill there is a clause that says the minister must review the act upon the creation of any new land agreement with any party in the Northwest Territories. However, is that review sufficient for the people of the Northwest Territories, for the Dehcho and Akaitcho people, who are still negotiating their land claims? Is it sufficient that this would simply be subject to a review? Without qualifications to a review, without understanding what a review could accomplish for those two groups, that question needs to be further outlined in committee. It needs to be answered for a very important part of the Northwest Territories. There are things that have to be done there.

In the briefing, it was indicated that the municipalities have not been engaged on this issue. There was a feeling from the department that they did not have a role here. That is not correct because we have existing mines that are located within municipal boundaries, so there are some surface rights that extend into municipal areas. Therefore, access is important to municipalities. As landowners they have to be part of it. They do have a role here. Consultation has not taken place with them, so we will have to do that at committee as well, in order to understand how municipalities feel about and understand the legislation, which could affect their role.

There are private landowners as well, although not many in the Northwest Territories, that may have some interest in the legislation. Hopefully, we can accomplish this in a fulsome committee examination. We could do the work of government for them at committee. I think that is fair enough.

The minister says this is all about economic development, that the government in effect is passing environmental legislation all about economic development. Is there not something wrong with that statement? Should we not be passing environmental legislation to protect the environment, to ensure for future generations that projects are conducted in a good fashion that yields a good result, and that when companies leave their disturbances are taken care of? That is just what needs to be done.

Good development also ties in with the needs of the people of the region. In the three territories, we have a problem, because we are not provinces. We cannot go to developers and tell them that we want a road in an area as well, that we will work with them to create the infrastructure because it will benefit our people later on. No, under the NWT Act, any new road has to be approved by the federal government; it is a federal government responsibility.

How do we see it playing out in the Northwest Territories? With the diamond mines, which are a great economic development opportunity for the Northwest Territories and for Canada, we have seen very little public infrastructure developed.

Now that fuel prices have gone through the roof, companies are saying that they cannot make a go of it in the future with these prices. However, if we had done it in an orderly, planned fashion, we would have put in hydro-electric power in the Slave province area where the three diamond mines exist right now. That did not happen. The federal government was in charge of that environmental assessment. It chose not to even examine hydro-electric power at the time in 1998, and now today the economy of those mines is suffering. The economy of the Northwest Territories has missed an opportunity to develop more infrastructure and more resources.

Therefore, resource development is a very important tool for human development as well. We miss the connection when we do not have a good say over development. When we do not take a long and careful look at how development would work, we miss the opportunity that could actually enhance and build our territories, which could also perhaps some day become provinces.

These are not areas that are simply set aside for resource development. That attitude should not prevail. The attitude should be one in which the north is for northern people and that they should be served first by development, so that development works to enhance the lives of every single northerner. That is what we look at when we talk about development.

We can look at the past and see that there was one great example of a properly developed resource, although the company did not do a very good job after it finished. That was the Pine Point Mine. The company developed a hydro-electric system and a road and railway, and all of those legacy items remain today as part of the infrastructure and economy of the Northwest Territories.

We want to see that kind of development continue, but we do not want to see big holes in the ground filled with water that have an environmental impact. We have some real goals with environmental assessment, and they are not predicated on slamming things through the system but on careful planning. That is how we make success for the north. We do not make success simply by throwing the doors open, getting through the process as quickly as possible, getting the shovels in the ground as quickly as possible without planning carefully what we are doing.

I do not see that attitude from the government at all. I do not see that planning attitude implicit in what it is doing, and the federal government still holds all the cards when it comes to northern development.

We need to take the part of the legislation dealing with the proposed NWT Surface Rights Board and give it close examination in committee. That is where we want to go. We will find out there what people really think and how to make this work for us. That is our goal.

We had hoped that the bill could be split so that the territories could be dealt with as separate entities. We are not all the same. I do not agree with the minister's attitude that the three territories should be dealt with as one unit; we are not one unit.

Nunavut has one common government and one land claim. It has a system it has designed for itself. The Yukon has a completely different system of party politics, which has been established over many years. In the Northwest Territories, we are different. We have six major claims areas that are going to have self-government and a large say in the resources and the development of those particular regions. We do not want that changed.

If the members were to talk to people in the Northwest Territories, they would see that they are not talking about giving up their unique identity. They are not talking about getting in line with the other two territories and marching to the same drum as good little soldiers for the federal government's plans. No, we have our own way of dealing with ourselves, just as Alberta has its own way and puts up with the representation it has.

We have our own way. I have been elected three times by the people of the Northwest Territories on a strong environmental platform. I did not get elected simply on resource development; I got elected because people knew I would stand here and speak up for the values that we hold in the Northwest Territories. That is what I am going to do every day I am here. I do not care what Albertans say, I do not care what Ontarians say: I am here for the people of the Northwest Territories.

We look forward to the bill coming to committee, but it needs a fulsome discussion there. If the Conservative government thinks this is simply a slam dunk, it can forget about it.

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 12:50 p.m.
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Kenora Ontario

Conservative

Greg Rickford ConservativeParliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development

Mr. Speaker, I did not think I would feel this way, but I am truly inspired by the member's speech, especially his finishing statements. Unfortunately, his voting record does not necessarily reflect that kind of enthusiasm, such as on things like the Tuktoyaktuk highway. However, in fairness, he did talk about the 8,000 jobs and the exercise of ensuring that northern Canadians, particularly in the western Arctic and Nunavut, capture most of them.

I have a question and a comment for the member.

My comment to the member is that he has a rare opportunity. Indeed, the bill has two essential components, one of which deals with the Northwest Territories surface rights board act, which we will be dealing that at committee. I look forward to not just continuing the working relationship we have but also to moving forward on this component.

However, does the member think that introducing a carbon tax, if the NDP has its way, would be helpful to northern Canadians? I see it as stifling small business and growth in that vast region, where things are already very expensive.

Will the member be supporting this act? Will he look at getting this to committee as quickly as possible so that we can talk about the issues he raised and move forward on this bill in the same manner his colleagues did with the Abitibi—Baie-James—Nunavik—Eeyou relationship on the Eeyou marine agreement? Will he move forward to take care of these kinds of agreements that deal with environmental sustainability and responsible resource development?

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 12:50 p.m.
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NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, there were a number of points made, one of which was on a carbon tax.

In the Northwest Territories over the last decade, the price of fuel oil, the prime element in our energy system, has gone up by almost 400%. How much has that changed consumption patterns in the Northwest Territories? Not so much. Therefore, I see a carbon tax as probably not being that effective in moving us from that.

However, what we need from the Conservative government is some commitment to invest and provide incentives for renewable energy throughout the whole of northern Canada. We do not need a carbon tax, but we do need the incentives to change. That is one element that I think is quite clear; indeed, our party has always said that cap and trade is a good idea because it promotes renewable energy.

The parliamentary secretary also said that he hoped that we would work well together in committee on this. That is my record. I will continue to do whatever is good for the people of the north, whatever fits with their values, which is what I was elected to represent, and ensure that is taken care of at committee.

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 12:50 p.m.
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NDP

Jasbir Sandhu NDP Surrey North, BC

Mr. Speaker, my colleague from Western Arctic always stands up for people in the north.

I was curious to hear the parliamentary secretary point out to the member that he had a rare opportunity to support this legislation. If this is a rare opportunity, it is because the Conservative government has not brought in legislation, policies or programs that could help develop our northern territories in a sustainable and environmentally responsible way.

The member for Western Arctic has constantly spoken up for northerners and is very familiar with the file. Could he describe the government's record in the northern Arctic?

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 12:50 p.m.
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NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, I had the opportunity to contract some work the other day looking at the impact of Bill C-38 on northern Canada. Under environmental assessment, it is clearly just a terrible disgrace what is happening in the north. What is happening across Canada is only magnified in the north, because northerners do not have the strength of being provincial governments that hold the cards. In so many respects, we are reliant on the federal government to do the heavy lifting when it comes to environmental issues, and the Conservative government is not interested in heavy lifting on environmental issues and quite obviously is setting us up for some very difficult times.

This is something that the government is going against. The development of environmental legislation was all-encompassing through the government. The Department of Transport website always used to talk about the environment until the Conservative government removed those words. We have within Canada an understanding that environmental concerns are holistic, covering all aspects of life. The government is trying to push these aspects down into one little spot and take them away. That is not the direction to go.

What the Conservatives are doing will hurt in the end because they are not going to be here forever. When we get a decent government that understands Canadians' values, it will go back to more environmental protection. How is that going to leave the certainty of what is going on in this country? You are disturbing the certainty of our country.

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 12:55 p.m.
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NDP

The Deputy Speaker NDP Joe Comartin

I would again ask all members to address their comments to the Chair, not to each other.

Questions and comments, the hon. member for Okanagan—Coquihalla.

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 12:55 p.m.
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Conservative

Dan Albas Conservative Okanagan—Coquihalla, BC

Mr. Speaker, the member commented to the parliamentary secretary that he would like to see incentives for renewable energy. I will just inform the member that there is such an opportunity in Bill C-45, where there is a capital cost allowance incentivizing the use of more machinery in producing renewable sources of energy. First of all, I would like to know if the member will support that legislation as it proceeds.

Second, I understand the importance of having local say in decision-making. As a former city councillor, I am supportive of land management because it does provide a lot of environmental protections, as those closest to the resources and the issues should have the most say. Would my colleague agree that the minister has done a good job of consulting widely in bringing this together?

Third, I would like my colleague to answer the parliamentary secretary's question. Are he and his party going to support this important legislation so that we can change some of these processes and see more development that is environmentally sustainable and provides jobs and growth for people in the north?

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 12:55 p.m.
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NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, tax incentives have been in place for a variety of renewable energy sources for many years. I am glad to hear there is a new one. However, the government is hanging its hat on one little bit of legislation when changing northern energy systems requires a major effort on the part of all of us. There are 300 communities across northern Canada that are totally reliant on diesel fuel right now. The cost of that diesel fuel has gone up 400% over the last decade. Who is paying the bill In a lot of those communities? It is the federal government. Therefore, the government should have a vested interest in converting these communities to cheaper energy forms. It is absolutely the case.

In the Northwest Territories, we are moving a great number of our large buildings to biomass heating. Has the federal government converted one building in the north yet to biomass heating? No. It has not engaged in that program. I raised that issue with the Minister of Public Works and Government Services months ago. Where is the participation? It is not good enough just to put out one little tax incentive for somebody to do something. We need to get behind these programs. We need to invest money because we will get a return on that. I thought the Conservative government had an interest in making government more effective. I do not see it in the north.

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 12:55 p.m.
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Liberal

Carolyn Bennett Liberal St. Paul's, ON

Mr. Speaker, I am pleased to rise in the chamber and thank the government for the beautiful ceremony this morning for unveiling of the stained glass window for residential school survivors. It was most appropriate. It was a moving ceremony. There is clearly a lot that we must do together, as the window says, in looking forward.

The Liberal Party understands and supports the goal of bringing further clarity to the regulation of land use in the north and, in particular, the dispute resolution process for surface and subsurface rights. However, we also want to ensure that this legislation accurately reflects the wishes of the residents of all three territories and respects the concerns of the first nations, Inuit and Métis that will be impacted.

I see my job, in French it always sounds better, as porte-parole. My job is not to read a 200-page bill and then decide whether it is good or bad. My job is to ensure that the people affected by the bill have had time to read it and have had time to explore the consequences or the unintended consequences, or to show us gaps or areas that need further tightening. It, therefore, will be hugely important, as we go forward, that we hear not only from the governments of the territories but also from the people who live there.

In 2008, the McCrank report stated that one of the regulatory problems in the north was a lack of surface rights legislation to resolve disputes between land owners who did not want to grant access to their lands for development projects. It is clear that this is a legislative gap that must be filled.

Over the next decade, the Mining Association of Canada estimates that the new mine development across Canada's north could bring in more than $8 billion in investment. There is no question that resource development in the north, if designed with northerners, for northerners and in close consultation with aboriginal peoples in the north, could represent a tremendous opportunity.

This legislation is more than 200 pages long and deals with fundamental changes to how development will occur in the north. It would create frameworks to regulate how environmental assessment and permitting processes in Nunavut and Northwest Territories will proceed. It would also amend the Yukon Surface Rights Board Act to create a dispute resolution mechanism for surface and subsurface right holders and land owners or occupants in the Yukon; grant legal immunity to individual board members and employees of the Yukon Surface Rights Board from prosecution; and remove the requirement for the Auditor General to audit the Yukon Surface Rights Board and allow independent auditors.

Any decisions made by the boards contemplated by this legislation would be final and could override first nations, Inuit and Métis decisions on development. Given that, we must be absolutely sure that consultations on the structure of these boards and the appointment process were comprehensive in each of the three territories.

Even though, of course, there was extensive consultation regarding the parts of the legislation that have to do with Nunavut, the Liberal Party wants to ensure that the process related to the Northwest Territories and Yukon also reflects the opinions expressed by the residents of those territories, especially aboriginal populations.

We are concerned that already the Liidli Kue First Nation in Fort Simpson, Northwest Territories, seems to be caught off guard when Bill C-47 was first tabled and hope that the way the legislation was tabled does not reflect the consultation process for the proposed legislative changes for the whole of the Northwest Territories. Provisions in this legislation would cover aboriginal land settled under land claims agreements: unsettled land, commissioners' land, crown land and municipal land.

The Liberals also have some concerns regarding how these changes would impact lands that have yet to be dealt with by the land claims agreement and, as always, we have concerns in the way that land claims processes are being carried out at the moment with this very top down, take it or leave it approach and the so-called negotiators not really having the power to negotiate.

Given the scope of the changes contemplated in this legislation and the technical nature of many of the provisions, this bill will require close study and review in the broader context of the government's approach to northern development.

As for the broader question of northern development, the Liberals believe that a lot more needs to be done besides simply streamlining regulations related to surface rights and dispute resolution mechanisms in order to develop the enormous economical potential of the north.

For example, the federal government still has no plan or capacity to clean up a major spill in icefield waters. Canada must develop the capacity to respond to environmental threats, such as an oil or gas spill resulting from resource extraction in the Arctic. These emergency response capacities must be part and parcel of any streamlining of the regulatory process for land use in the north.

Northern economic development would also require investments in basic needs, like education, housing and health, but also the infrastructure that is required to support a growing population and economy. The Prime Minister does not actually seem to understand northern development. It is more than military deployments and extracting natural resources.

Northern development must also deal with the social and economic welfare of the people who live there. For instance, Canada has a serious food insecurity problem in northern communities. Some estimates put it as high as 79%, or 8 out of 10 people, without sufficient food. The recent Food Banks Canada report, “HungerCount 2012”, helps bring that struggle into disturbing focus. The report notes that one of the few long-standing food banks in the territories has seen an alarming 18% increase in use over the past year and that residents in Iqaluit spend 25% of their total expenditures on food compared to the Canadian average of 11%. However, the Conservative government has stubbornly refused to admit that nutrition north Canada, the Conservative government program that was supposed to deal with the situation, has failed to bring down the cost of weekly food budgets.

The stark reality of Inuit education today is that roughly 75% of children are not completing high school and many find that their skills and knowledge do not compare to those of non-aboriginal graduates. Low educational outcomes are associated with adverse social implications, including greater unemployment, greater numbers of youth entering the criminal justice system and greater incidences of illness and poverty.

Inuit Tapiriit Kanatami released its national education strategy on June 6, 2011, outlining a plan to improve student success in Canada's four Inuit regions by tackling low school attendance and graduation rates, while producing more bilingual Inuit youth. A year later, however, all we see is the government reining down legislation like this. It is only about regulation. It is only about thou shall. It is only about mechanisms as opposed to really understanding the realities and the funding that is required to make so many of these things happen, like fresh drinking water and waste water management.

More than a year later, after the ITK education paper, there has been no commitment from the federal government to support these initiatives, financially or with other concrete measures. Without equal access to education and training, northern Canadians will not benefit from the employment opportunities that resource development would create. We will yet again have jobs without people and people without jobs.

Instead developing appropriate programs to address this need, the Conservative government is cutting existing support. For example, the Conservative government has ended the successful aboriginal skills and employment partnership. Canada's resource sector companies were some of the most active participants in this program and have criticized its cancellation.

Furthermore, regarding transportation, some serious flaws remain, including for instance the fact that plans to establish a deep water port in Nanisivik have been abandoned in favour of creating a refuelling station that will operate only part time in the summer.

Iqaluit remains without a deepwater port and Nunavut Premier Aariak recently made it clear that the lack of ports and roads connecting its communities to each other and the south is constraining economic and social development. She has also pointed out that the thriving fishery industry in Nunavut is forced to offload its catch in Greenland because of the lack of port infrastructure.

In short, unlocking the tremendous potential of the north is much broader than streamlining the regulatory process for land use and development.

This government needs to take a much more comprehensive approach to the whole question of northern development.

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 1:10 p.m.
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Kenora Ontario

Conservative

Greg Rickford ConservativeParliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development

Mr. Speaker, I appreciate the member's contribution to this important legislation that represents an opportunity to balance the interests for northerners with respect to economic development and sustainability. I look forward to working with her on committee to that end.

The member mentioned previously that the unsettled groups had the Northwest Territories Surface Rights Board imposed on them. I would like to square the record on this.

The ability to negotiate land claim agreements continues to exist. This bill would apply to any future settlement claims consistent with any final negotiated agreement. Section 7 of the agreement was created to address the concerns of groups negotiating claims in the Northwest Territories.

Like the EU marine agreement and now these two, which represent huge swaths of land in our territories, this is an opportunity to continue a very important, heavily consultative process with respect to aboriginal land claims negotiating agreements, putting in place regulatory framework underpinned by a real spirit, as we heard from the member for Western Arctic, and enthusiasm to focus as well on northern economic growth.

I want to clear the record. Does the member have any comments with respect to that point and does she feel like she was probably wrong on that point?

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 1:10 p.m.
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Liberal

Carolyn Bennett Liberal St. Paul's, ON

Mr. Speaker, the comment was really based on what had been heard from people involved in land claims negotiations with the government. They feel it is a “take it or leave it” approach where the negotiators at the table really do not have the power to negotiation. They come in with the final offer, and that is the best any of the negotiators are allowed to do. Therefore, the progress that ought to be made on these issues is not being made because of an attitude of inflexibility and refusal to listen to the real concerns that are part and parcel of the give and take of a real negotiation of land claims.

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 1:10 p.m.
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Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

Mr. Speaker, I listened attentively to the Liberal position on this, as I did with the NDP position.

I am from northern Alberta. I feel I know northerners. I have a trap line. I have trapped for some period of time. I am an avid hunter. I know one thing aboriginals have spoken loudly about in northern Alberta and in the Northwest Territories is the ability to carry guns in an environment that is not like downtown Toronto or Vancouver. Certainly they have dangers that pose real risks to them on a daily basis in their backyards, as much as Fort McMurray was with bears coming into the backyards. It is just a different type of lifestyle.

Indeed, the only people who seem to stand up for aboriginal Canadians across the country in regard to the different lifestyle that they have as a result of where they live, and specifically with the gun registry, is the Conservative government. We saw the NDP vote en masse to keep the gun registry and the promise to bring it back. The Liberals brought the gun registry in the first place, in essence wasting $2 billion of taxpayer money.

Could the member comment on her position, as to where she lives, and why she and her party have for so long ignored the rights of aboriginal Canadians to have the opportunity to carry guns in a different environment and to have that ability to have long guns as needed to protect themselves and for their aboriginal lifestyle to continue?

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 1:15 p.m.
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Liberal

Carolyn Bennett Liberal St. Paul's, ON

Mr. Speaker, as a family doctor, and it is coming up to December 6, the anniversary of the horrific Montreal massacre, it is not a rural or an urban issue, but a gender issue, the issue of the number of women who are killed by their intimate partners every year. Every year on December 6, we look at the numbers invoked in this. In some estimates, it is 11 times greater if there is a gun in the house. We believe hunters should be able to hunt. We are very clear that the guns must be kept safely and that there has to be rules around it that are enforceable. This is what the gun registry did.

As a family doctor, we needed to know whether someone who was suicidal or homicidal had access to a gun. That is what the police wanted.

It is quite interesting that the member raises this issue when I would rather talk about the fact that when I was at the chamber of commerce in Yukon, not very far away, its issue was no affordable housing, on which the government is completely deaf, and the fact that its hotels were now filled with miners and mining engineers instead of tourists. I hope the member would take the issues of tourism and housing in the north much more seriously.

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 1:15 p.m.
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Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, the last question really did not seem to be on Bill C-47. However, could my colleague very briefly tell us the shortcomings in the bill and even beyond the bill? What are the shortcomings of the government in terms of dealing with the issues that are affecting the aboriginal communities in our country?

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 1:15 p.m.
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Liberal

Carolyn Bennett Liberal St. Paul's, ON

Mr. Speaker, the concerns we have with all of the bills that have come forward is the lack of consultation. My colleague should know that on Friday we received a notice that at 10:15 this morning there would be the technical briefing on the bill. This is not new to the way the government does business, but it is completely insulting to parliamentarians who are otherwise committed.

This morning we had a round table on economic opportunity for women and girls, particularly aboriginal women and girls. That is not something I can get out of because all of a sudden we are called to a technical briefing.

The bill was tabled November 6. Debate on the bill started this afternoon, but on Friday we were informed that a technical briefing would be this morning on a 200 page bill.

In some ways it is the lack of respect in all of these bills. It is irritating to members of Parliament not to be treated as adults or for us not to be able to ask our questions and then go out and check them with the people affected by the bill. After we have had the briefing is the time to consult before we are asked to stand in the House of Commons and speak to it.

It is a process issue, my colleague should know, and the process is clear in every way that the government so-calls consults. Every consultation we have heard about across the country is actually an information session. It is a one-way dialogue, it is the government's way or the highway and it ignores everything it hears and tables the bill exactly as it is.

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 1:15 p.m.
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Conservative

Greg Rickford Conservative Kenora, ON

Mr. Speaker, I cannot appreciate the member's frustration. What is exciting about legislation is that there was been extensive consultation, in fact, consultation so extensive that some of the organizations made certain accommodations, as did the Government of Canada, to ensure that we could focus on a sustainable northern environment with economic growth and opportunity.

I am not sure what the member's frustration is around that, but one interesting thing that has gone in the debate is we heard the member for Western Arctic be very clear. Contrary to his leader's statements and publications for a carbon tax, he now says that a carbon tax would be ineffective.

Given the challenges and the increased costs in the north, does the member support a carbon tax in the context of this northern development and the challenges we face and, as we say in the Eeyou marine agreement, is she willing to get on board, get this to committee and move this legislation through so we can see real economic growth in northern Canada?

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 1:20 p.m.
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Liberal

Carolyn Bennett Liberal St. Paul's, ON

Mr. Speaker, it seems a bit astounding. On this bill, the parliamentary secretary obviously knows very well that he too is straying into members' statements land on ridiculous conversations about something totally irrelevant and quite inaccurate in terms of the whole principle of a carbon tax as opposed to speaking thoughtfully on a price on carbon. It is completely different. The members' statements are misleading.

I would hope the parliamentary secretary would begin to focus on the quality of life of aboriginal people and the fact that there are 14 people living in one house with no running water. This is where I would put my attention.

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 1:20 p.m.
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Conservative

Ryan Leef Conservative Yukon, YT

Mr. Speaker, I am honoured to have the opportunity to rise today and voice my support for Bill C-47, the northern jobs and growth act.

I want to do two things in the time that is allotted to me, to outline the key elements of the bill and to describe the benefits it brings to the people of the territories, especially the people of my home riding of the Yukon. In Canadian law, the northern jobs and growth act enshrines institutions and processes that northerners will use to manage a variety of aspects of resource development in each of the three territories of our country.

Let us first turn our attention to my home of the Yukon. The northern jobs and growth act amends the Yukon Surface Rights Board Act. As its name indicates, the Yukon Surface Rights Board Act sanctions the operations of the board itself, which has been serving the people of the Yukon since 1993. It is an independent five-person tribunal, similar to the NWT board, that resolves access disputes between those owning or having an interest in surface and subsurface lands and those who have access rights to these lands. Usually, the latter are members of Yukon first nation communities.

While a negotiated solution is always the best solution, that is not always possible. The board is intended to be a tool of last resort when holders of surface or subsurface rights and the owner or occupant of the surface cannot reach an agreement through negotiation. Indeed, the board has only been used on rare occasions. It has only been used three times since 1993.

Bill C-47 amends the Yukon Surface Rights Board Act in three key ways. First, the bill changes the act to grant employees immunity from prosecution for decisions they have made in good faith. This change results in board employees having the same or similar protection as those on other northern boards. It will also likely encourage qualified men and women to work for the board.

Second, the bill amends the Surface Rights Board Act to enable board members whose terms have expired to be eligible to render final decisions on hearings in which they have participated. Under existing provisions, such members would not be allowed to continue to hear a matter before the board, which requires the hearing to be restarted with a new member present. Obviously, that is a sensible change that is clearly in line with our government's decision to move forward in a number of key areas, such as reducing red tape and barriers to success. That change makes a lot of sense with respect to maintaining consistency and commonality within the hearings. The current situation adds additional costs to hearings and results in unnecessary delays that could be costly to a proponent of resource development with respect to both time and resources.

Third, Bill C-47 replaces a previous requirement for the Auditor General of Canada to audit the board annually with an independently performed annual audit. Allowing the board to hire its own auditor saves time and is cost-effective for both the board and the Office of the Auditor General, which is responsible for auditing the accounts, financial statements and transactions of much larger and more complex organizations than the Yukon Surface Rights Board. If we go back to the fact that the board has only been utilized three times since 1993, this again is a sensible amendment and a strong cost-saving measure to reduce the burden of red tape. It is a great common sense amendment.

While the three amendments may seem administrative in nature, they will also enable the board to consider applications and render decisions more quickly, consistently and reliably. The changes will also align the board's operating framework and rules with similar institutions and processes in Nunavut and the Northwest Territories. These improvements could not be more timely for the people of the Yukon. Our natural resource sector is experiencing a revival, and 2011 was a record year in the mining industry in the Yukon. We had the most mining claims staked in a single year. Most of those claims are in good standing. We also set a record high for exploration dollars spent in a single year with 307 million dollars' worth of exploration being conducted.

The importance of the mining industry to the prosperity of the Yukon cannot be overstated. Five per cent of all employed men and women in the territory are employed in the mining industry. Many hundreds, if not thousands more hold jobs in industries that rely on a vibrant mining sector. In terms of overall production, 9% of the territory's gross domestic product is generated by the mining industry.

As the Conference Board of Canada made clear a few months ago, a global boom for the minerals that Yukon produces, copper, gold, silver and tungsten, is helping make the territory a growth leader in our entire country. The workers, companies and partners in the Yukon are helping meet that demand in mines such as: Minto, Wolverine and Keno Hill. These projects are also providing employment and training opportunities for thousands of northerners. The efforts of our mining workers, companies and partners, along with others involved in resource development in Yukon, translate into genuine economic gains for my territory and its people.

According to the Conference Board, real GDP in the Yukon will increase by 3.7% in 2012 and the pace of growth is forecast to accelerate in both 2013 and 2014. Over the next decade several new mines will come into production. Between 2013 and 2020, mining output in the Yukon will grow by an average compound rate of 10.7% per year.

That is just the start. As the Prime Minister pointed out during his visit to Minto Mine in August:

—such is the magnitude of the North’s resource wealth that we are only, quite literally, just scratching the surface.

We must get beneath the surface and dig deep with both hands. We must bring the benefits of resource development to life for the people of the Yukon. We must maintain the positive momentum of job creation and economic growth in the territory and indeed throughout the entire north.

In the Northwest Territories, the northern jobs and growth act would set up a NWT surface rights board. Similar to the Yukon Surface Rights Board, established in 1993, the board would be empowered to resolve disputes between holders of surface and subsurface rights and the owners and occupants of surface lands when agreements on terms, conditions or compensation for access cannot be reached by the parties in question. In resolving any disputes the board would make orders that set out the terms and conditions of access and compensation to be paid with respect to that access. Board jurisdiction would be applied to all lands in the territory, both settlement and non-settlement.

With this addition to the regulatory regime for resource development in the Northwest Territories, Bill C-47 fulfills an outstanding obligation found in two land claim agreements. These agreements call on the federal government to enshrine in law a surface rights board in the territory. The Gwich'in Comprehensive Land Claim Agreement and the Sahtu Dene and Metis Comprehensive Land Claim Agreement both provide for interim arbitration measures to resolve access disputes to land and waters. These measures were intended to be temporary, to be replaced by a law of general application, as provided for in the claims.

The board is also consistent with the letter and spirit of the Inuvialuit final agreement and the Tlicho agreement. These two land claims and self-government agreements are the other two major accords that apply in the Northwest Territories. The Tlicho agreement anticipates, but does not mandate, a new surface rights board. The Inuvialuit final agreement specifies that any interim measures related to access across Inuvialuit lands will be replaced when a law of general application is enacted.

What benefits does the new board bring about? With the Northwest Territories surface rights board, the people of the territories would have a single process to resolve access disputes that is fair, balanced and clear. The process would assist in resolving access issues to surface and subsurface resources and increase predictability and consistency in the territories' resource management regime. It would provide incentives for companies in the resource industry and other rights holders to negotiate terms and conditions of access and compensation for that access with landowners and occupants, to the benefit of all parties. It would ensure that rights holders would carry out resource exploration and extraction according to requirements set down in agreements they have struck with landowners and occupants.

We must have this improved resource development regime in place as soon as possible. In the Northwest Territories the economy is forecast to grow by almost 6% this year and employment is expected to increase by nearly 4% annually for the next two. That is certainly great news for that territory. We need to continue to establish a fair, balanced and clear regulatory process that enables us to maintain this positive economic momentum in the Northwest Territories. We must pass Bill C-47 and bring the benefits of resource development to light for the people of the Northwest Territories.

Finally, in Nunavut, Bill C-47 would formally establish the Nunavut Planning Commission and the Nunavut Impact Review Board. The bill describes in detail the process under which these two bodies will operate. Under the new regime all prospective resource development projects in Nunavut will enter the planning and review process through the Nunavut Planning Commission. All project proposals will then be sent to the Nunavut Impact Review Board for screening, public review or a federal review. The board is also responsible for preparing project certificates after conducting a public review. Federal and territorial regulators are charged with making sure the terms and conditions set out in the project certificates are implemented in permits and licences.

While Bill C-47 would enshrine these two resource co-management boards in its own federal law, the Nunavut Planning Commission and the Nunavut Impact Review Board are not new. The people of Nunavut have used them to carry out land use planning and environmental assessments in the territory since 1996 albeit under the comparatively broad provisions set out primarily in articles 11 and 12 of the Nunavut Land Claims Agreement. Bill C-47 would improve, clarify and codify that process, enshrining in law a modern process that adds detail, consistency, predictability and certainty to the regulatory regime for resource development in Nunavut.

The bill would also take care of an outstanding commitment to the people of Nunavut that springs from the 1993 Nunavut Land Claims Agreement, the landmark accord that led to Parliament making Nunavut a territory in 1999. The 1993 agreement requires the Inuit of Nunavut and the federal government to establish, under law, a regime to manage the land, water and natural resources in the Nunavut settlement area and in what is known as the outer land fast ice zone. The 2002 Nunavut Waters and Nunavut Surface Rights Tribunal Act addresses a portion of that obligation. Bill C-47 would do the rest. It would fulfill the remaining legislative requirement of the Nunavut Land Claims Agreement.

In fulfilling these requirements, Bill C-47 would create a land use planning and impact assessment process that gives the people of Nunavut the legal authority and the expanded planning and assessment tools they need to manage the development of their lands and resources. It would also provide them with the authority to take increasing control of their economy, their lives and their future. Most important, the bill would empower them to build strong, healthy, self-reliant communities for themselves and their families. That is what makes Bill C-47 so important and that is why it is a landmark achievement for communities throughout Nunavut.

Not only is Bill C-47 a milestone in the history of Nunavut, but it also comes before us at an important time in Nunavut's development as it looks to the future as Canada's youngest territory. For thousands of years, right up to the latter half of the 20th century, the Inuit have lived off the land. Much has changed in just a single generation. Nunavut is now a stand-alone territory. The discovery of significant mineral deposits is opening up the region to mining development and increasing levels of exploration. The population of Nunavut is young and one of the fastest growing in all of Canada. Eighty-five per cent of its more than 33,000 residents are Inuit and roughly half of the total population is under the age of 25. Almost one-third is under the age of 15.

As a result of these rapid demographic and social changes, Inuit communities in Nunavut today face a variety of unique challenges. Yet one stands head and shoulders above the rest: communities in Nunavut must be able to generate and take advantage of resource development opportunities to provide for a sustainable future. Complicating this challenge is the reality that the Inuit have a deep and respectful relationship with their land and its resources, a land that is beautiful, bountiful and fragile. Resource development must be undertaken in harmony with conservation and protection of the environment and the ecosystems that it supports.

To develop and maintain strong, healthy, safe and self-reliant communities, Nunavut needs planning and assessment tools that will enable it to find the necessary balance between resource development and environmental protection. The members who make up the government understand the challenges that face Inuit communities as they balance a traditional subsistence lifestyle with a wage-employment economy. We also understand their strong desire to advance economically in a way that protects and preserves their cultural heritage and respects their ties to the land.

That is why we in this government have worked and are working with the Inuit people to help them take greater control of their resources, generate enduring economic growth in their territory and build strong, healthy, self-reliant communities for themselves and for their families. The northern jobs and growth act would be a key product of our collaborative work. It would establish a process that would give communities throughout Nunavut the opportunity to participate in resource development decisions that address community needs, goals and aspirations, to make decisions that would spur economic development in communities throughout Nunavut, to make decisions that would increase the number of good jobs and the amount of training and business opportunities available, and to raise the level of family incomes throughout the territory.

There is one fact I know for certain: when resource and other economic opportunities exist, young men and women remain in their communities to raise families of their own and contribute to building a better life for future generations. If those opportunities do not exist, young men and women either leave their hometowns to pursue the brightest futures or remain behind. I am happy to see that the future is bright for the young people of Nunavut. According to a recent report of The Conference Board of Canada, construction of the proposed Mary River and Meliadine mines will cause real GDP in the territory to surge by 17% in 2013 and 14% in 2014; and between 2012 and 2016, the construction industry will grow by an average annual compound rate of just under 23%. We must make sure the people of Nunavut can realize this forecast and the promise of years beyond.

By passing Bill C-47, we would bring the benefits of resource development to life for the people of Nunavut. We must pass Bill C-47 and fully tap the rich potential of Canada's north. I urge all members of the House to support Bill C-47, and I look forward to answering any questions they may have about the three great territories of Canada.

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 1:35 p.m.
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Conservative

David Wilks Conservative Kootenay—Columbia, BC

Mr. Speaker, certain stakeholders are questioning why the bill is necessary, given land access disputes have been resolved satisfactorily for years in the Northwest Territories. Can my colleague clarify why the creation of the Northwest Territories surface rights board is needed now?

Northern Jobs and Growth ActGovernment Orders

November 26th, 2012 / 1:40 p.m.
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Conservative

Ryan Leef Conservative Yukon, YT

Mr. Speaker, it is a good question. Canada has an obligation that is set out in the Gwich'in comprehensive land claim agreement and the Sahtu Dene and Métis comprehensive land claim agreement to establish this surface rights board. It is not just the timing to spur on the growth that we know would come with this, but it is actually a legal obligation that has been set out that we need to meet.

Because of the legal obligation, it has also allowed our government to negotiate and work closely with all three territories to ensure that in meeting this obligation we have their best interests at heart. Their correspondence, communication and consultation have been taken into consideration in this bill, which has provided us with a great opportunity, in a three-way partnership across these territories with the federal government, to ensure we would meet the needs of the north every single day.

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November 26th, 2012 / 1:40 p.m.
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Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

Mr. Speaker, I have a couple of questions for the member.

First, obviously the movement of Bill C-47 and the agreement for this legislation to go forward and to be voted on in this place is very important to the north, but important to Canada as well. What is the member's opinion and the reaction of the people in the north to a couple of investments our government has made, in particular $71 million to the Mayo B, which was done in the Yukon? I know there was a tremendous reaction from the premier of the Yukon at the time and others, because it takes five communities off dependence on diesel. It is all about clean infrastructure being built and green infrastructure being built out of the green infrastructure fund. Another thing that has happened in the north is the northwest transmission line in northern British Columbia, $141 million. Again, it is green infrastructure going into place to create more green infrastructure and green energy for the people of the north.

Finally, in relation to the gun registry itself and the destruction of the data, we promised to do that for so long. How important is that to the northern people, getting green infrastructure, ensuring we make these plans so we have the green, clean energy that goes into the north instead of polluting diesel? How important are these things, along with the gun registry data destruction, to the people in the north whom the member represents?

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November 26th, 2012 / 1:40 p.m.
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Conservative

Ryan Leef Conservative Yukon, YT

Mr. Speaker, my colleague has raised a really good example of the Mayo B hydroelectric project in terms of the needs of the north. It was the largest green infrastructure project completed in Canada at the time, a $71 million investment, which directly dealt with the issues concerning the north in terms of providing green, clean energy to the Yukon. In that region in particular, there is lots of exploration and mining growth, and Yukoners wanted to know, particularly the first nations in those communities, that those projects were undertaken with clean, green energy. It is an investment in the long-term growth of the community.

The long gun registry is another example of our government listening to the first nations and aboriginal cultural heritage and traditions of the north. It is not just our government, though. I want to acknowledge the member for Thunder Bay—Rainy River, who heard that himself, stood up for his constituents and voted against the long gun registry.

We know exactly what is meaningful to the history, heritage and culture of the fine people of the north, and our government will continue to protect those needs and interests. I am quite certain that the member for Thunder Bay—Rainy River will continue to follow our lead on those things because he is such an excellent member of the House.

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November 26th, 2012 / 1:40 p.m.
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Conservative

Mark Strahl Conservative Chilliwack—Fraser Canyon, BC

Mr. Speaker, I want to get the comments of the member for Yukon. Previously the member for Western Arctic complained and indicated that he did not see the reason for this bill and he did not know why the status quo was not the preferred option. I am wondering if the member can tell me what are the elements of the Northwest Territories' surface rights board bill that make it better than the status quo and why we should take the lead of the great member for Yukon over the member for Western Arctic, who seems to prefer the status quo.

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November 26th, 2012 / 1:45 p.m.
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Conservative

Ryan Leef Conservative Yukon, YT

Mr. Speaker, certainly status quo is really not an option for us and it is not an option for the great people of the Northwest Territories.

Let me read a couple of the elements of that bill that would help make some changes. It would provide jurisdiction to the board to make orders setting out terms and conditions for access and the appropriate compensation to be paid in respect of that access. That is obviously great for the stakeholders and people impacted by surface and subsurface claims. It would provide the board the ability to make rules and bylaws, including rules about procedures to be followed. It would allow the board to set compensation for unseen damages resulting from access. It would require the board to provide periodic reviews and the ability to terminate orders when access is no longer being used.

All of these things do not exist in the status quo. They also fall under obligations that our government has to meet in specific land claims agreements. To ignore those land claim agreements and our obligations would not be a responsible step for the government. We certainly recognize that. We do not just want to do this in isolation. We want to do it in partnership with all three territories. That is exactly what we are doing, and I am not sure why the member for Western Arctic would want to only maintain the status quo, because that is not good enough for the people of the Northwest Territories.

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November 26th, 2012 / 1:45 p.m.
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Kenora Ontario

Conservative

Greg Rickford ConservativeParliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development

Mr. Speaker, we heard earlier today from the member for Western Arctic who, contrary to his leader's position on a carbon tax, said clearly that he does not support a carbon tax. It appears as though he understands that in the context of northern—

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November 26th, 2012 / 1:45 p.m.
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NDP

The Deputy Speaker NDP Joe Comartin

The hon. member for Malpeque, on a point of order.

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November 26th, 2012 / 1:45 p.m.
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Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, this question has absolutely nothing to do with this bill. We are hearing this time and time again from members on the government side as they try to propagandize. It is not against my party; it is against the one next to me on this side. It is wrong for them to go on with that propaganda and misinformation when they are supposed to be debating a bill.

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November 26th, 2012 / 1:45 p.m.
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NDP

The Deputy Speaker NDP Joe Comartin

That is not a point of order.

The hon. parliamentary secretary can continue with the question.

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November 26th, 2012 / 1:45 p.m.
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Conservative

Greg Rickford Conservative Kenora, ON

Just to finish, Mr. Speaker, it is important that there is context to these kinds of agreements because they are balancing sustainable development with real economic opportunity and growth. Therefore, we do not want anything, as a matter of policy, to get in the way and increase costs. We know those challenges exist in the north.

I have a two-part question for the member for Yukon. First, does he agree with the member for Western Arctic, contrary to the NDP carbon tax plan, that this would not help this terrific agreement advance forward, and second, does he think that combining the Nunavut and the Northwest Territories pieces is a better, more comprehensive way to advance regulatory framework land claim agreements and the like in an effort to unleash or unlock this tremendous economic opportunity for northern Canadians?

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November 26th, 2012 / 1:45 p.m.
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Conservative

Ryan Leef Conservative Yukon, YT

Mr. Speaker, I would agree with the member for Western Arctic that a carbon tax is not the direction to go. I clearly campaigned on the fact that we would not support or introduce that. I clearly campaigned on a low-tax plan for jobs, growth and long-term prosperity.

I am proud to stand behind a government that is going to move our country forward and move the economy forward without raising taxes on Canadian families, without the government telling Canadians how they are going to spend their hard-earned dollars, creating an environment for opportunity for Canadians to grow. That is the role of government.

The role of government is to produce and create opportunities and an environment in Canada for Canadians to succeed and have a choice to pick where they want to go and what they want to do. A carbon tax does not do that. A carbon tax would take money directly out of the pockets of Canadians and would start to direct them on where they have to go and what they have to do to find opportunities, controlled by a government.

We do not believe in that kind of plan. We will never support that kind of plan. I certainly will not stand behind that sort of plan. I do find it interesting that everything we are doing is paring off, trying to make sure Canadians have an environment where they can choose and where they can realize success. On most occasions, the opposition is voting against that.

I would encourage the member for Western Arctic to stand behind these things and realize that the opportunities and environment being created by the government is what government is supposed to do.

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November 26th, 2012 / 1:50 p.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I stand to speak to 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.

Article 19 of the UN Declaration on the Rights of Indigenous Peoples states:

States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.

The reason I am reading that into the record today is that, with the legislation, it is very important since the Government of Canada did sign on to the UN Declaration on the Rights of Indigenous Peoples, we would hope that it would expect that free, prior and informed consent. I raise it in the context of the Northwest Territories Surface Rights Board Act. I raise that become it seems that some groups and organizations from the Northwest Territories feel that they have not been adequately consulted on this legislation.

The New Democrats will support sending this legislation at second reading to committee so we can fully review it. This is lengthy legislation and it would make some amendments to other acts.

Part of this legislation was originally introduced in 2010. It was Bill C-25, Nunavut planning and project assessment act. I will read from the legislative summary because it is still applicable to the legislation that we have before us. It is an important part of where we are going with this bill. I will focus mostly on Nunavut. My friend from Western Arctic covered some of the issues around the Northwest Territories.

In the legislative summary of Bill C-25, which is applicable to Bill C-47, it reads:

In a landmark ruling in 1973 the Supreme Court of Canada confirmed that Aboriginal peoples’ historic occupation of the land gave rise to legal rights in the land that had survived European settlement. In 1982, the Constitution was amended to “recognize and affirm” the “existing aboriginal and treaty rights of the aboriginal peoples of Canada.” “Treaty rights” include rights under land claims agreements.

The Nunavut land claims agreement of 1993 took numerous years in order to be negotiated but there are some key objectives to the agreement that are related to the legislation before us.

The objectives of the agreement are:

to provide for certainty and clarity of rights to ownership and use of lands and resources and of rights for Inuit to participate in decision-making concerning the use, management and conservation of land, water and resources, including the offshore,

to provide Inuit with wildlife harvesting rights and rights to participate in decision-making concerning wildlife harvesting,

to provide Inuit with financial compensation and means of participating in economic opportunities, [and]

to encourage self-reliance and the cultural and social well-being of Inuit.

Under the provisions of the Nunavut land claims agreement, there are a couple of things:

Among many other things, the Nunavut Land Claims Agreement provides for the federal government and the Inuit to establish a joint regime for land and resource management (articles 10 to 12). Article 10 sets out the criteria for the land and resource institutions to be created, while article 11 sets out the parameters for land use planning within the Nunavut Settlement Area, and article 12 details how development impact is to be evaluated.

Under article 10, the federal government undertakes to establish the following government institutions to administer the regime:

Surface Rights Tribunal;

Nunavut Planning Commission (NPC);

Nunavut Impact Review Board (NIRB); and

Nunavut Water Board.

Canada partially fulfilled its obligations by establishing the first and fourth of these institutions when Parliament enacted the Nunavut Waters and Nunavut Surface Rights Tribunal Act 11 in 2002. Bill C-25 [which is now Bill C-47] fulfills the government’s obligations with regards to the other two institutions, the NPC and the NIRB. Note, however, that both of these institutions already exist. They came into being in 1997 under the Nunavut Settlement Agreement. Bill C-25 formalizes their establishment in legislation and sets out how they will continue to operate.

Again, the legislative summary indicates that:

Work on the Nunavut Planning and Project Assessment Act began in 2002. To fulfill its obligation for close consultation with Inuit, the Government of Canada established the Nunavut Legislative Working Group, consisting of the Government of Canada (represented by Indian and Northern Affairs Canada), Nunavut Tunngavik Incorporated, and the Government of Nunavut, and supported by the participation of the NPC and the NIRB.

The Working Group met regularly through to 2007 to discuss and resolve policy issues, gaps the bill should address, and resolve questions and legal interpretation of the agreement and how these solutions should be reflected in the bill. When these issues were satisfactorily advanced in 2007, drafting of the bill began with oversight and direction from the Working Group.

I will use the government's backgrounder to quickly summarize the key elements in the bill that are relevant around the Nunavut planning and project assessment.

The proposed legislation will:

Continue the functioning of the Commission and the Board and clearly define and describe their powers, duties and functions, including how their members are appointed. It will also clearly define the roles and authorities of Inuit, federal and territorial governments;

Establish timelines for decision-making in the land use planning and environmental assessment processes to create a more efficient and predictable regulatory regime;

Define how, and by whom, Land Use Plans will be prepared, amended, reviewed and implemented in Nunavut;

Describe the process by which the Commission and the Board will examine development proposals; and

Harmonize the assessment process for transboundary projects by providing for review by joint panels and providing an opportunity for the Board to review and assess projects outside the Area that may have an adverse impact on the Nunavut Settlement Area;

Provide for the development of general and specific monitoring plans that will enable both governments to track the environmental, social and economic impacts of projects;

Establish effective enforcement tools to ensure terms and conditions from the plans and impact assessment process are followed; and

Streamline the impact assessment process, especially for smaller projects, and provide industry with clear, consistent and transparent guidelines, making investments in Nunavut more attractive and profitable.

Generally speaking, there is fairly wide support for the Nunavut part of the bill. Again, this goes back to 2010 when, before the aboriginal affairs committee of the day, the Nunavut Water Board appeared and indicated some support. Other organizations, as well as some of the mining companies, had indicated some support. However, some concerns are still being raised.

In a letter that we received from legal counsel from NTI, it anticipated that a number of amendments would be required to ensure the bill's compliance with the Nunavut land claims agreement. NTI intends to make submissions to the parliamentary committees on these aspects of the bill. It stated that it would be important that adequate time and space be available for NTI to make oral and written submissions to the committee, as well as NTI's regional Inuit associations, the NPC, NIRB and the Government of Nunavut if it so desired.

It is important to note that, although there is support, people still feel there are some amendments that are required to this particular section of the bill.

A number of concerns had been raised about funding and I will turn to the testimony that came before the committee back on May 13, 2010. The members of the NIRB indicated at that time that funding was always a concern. Once again, we have legislation where funding has not been built into it, and, of course, it is often not. However, there has not been a commitment around funding.

In response to questions posed at the committee to the deputy minister in 2010 about the commitment the government and the department had toward funding, the deputy minister provided assurances--

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November 26th, 2012 / 1:55 p.m.
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NDP

The Deputy Speaker NDP Joe Comartin

Order, please. The hon. member for Nanaimo—Cowichan will have approximately 11 minutes when we resume debate on this bill.

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November 26th, 2012 / 4:35 p.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I am continuing on with my comments on Bill C-47.

As I indicated at the outset of my speech, New Democrats support the bill going to committee at second reading for further review.

When I was interrupted, I was referring to the legislative summary that talked about the deputy minister of what was then Indian and Northern Affairs providing reassurances to aboriginal and northern affairs members that although implementation would add to the workload of certain agencies in Nunavut, including the Nunavut Impact Review Board, they would get the resources they needed. However, it was not made clear what funding would be dedicated for this purpose.

I want to go back and refer to testimony that was before the aboriginal affairs committee in May 2010. The Nunavut Impact Review Board, among others, came before the committee to outline some of its concerns generally about the operation of its organization in the north as well as specific reference to what was then Bill C-25.

Mr. Speaker, I would like to thank the other side for the support in continuing to speak.

The review board indicated that the draft legislation would create the one-window approach that is currently lacking. However, this does not eliminate the need for the Nunavut institutions to continue to work together. Rather, it is increasingly important in preparation for the law coming into force.

Additional resources will be required for the boards to participate in this implementation planning and in equipping the organizations to meet new requirements and timelines.

It would be essential for the Nunavut Planning Commission, as a single window into the Nunavut regulatory regime, to access the expertise held within these organizations in order to fully understand the impact assessment and regulatory processes that occur.

I also want to discuss one of the most significant ongoing challenges facing the board, which are the delays in the appointment of board members. This delay can result in a loss of quorum. The boards rely on board members to make the decisions required to fulfill their respective mandates.

Further on, the executive director of the Nunavut Water Board was speaking and indicated that he wanted to speak about the board's funding constraints:

Given the vast territory, the obligation to hold hearings in communities most directly affected, working in three languages, and the limited capacity of people and communities to engage in the regulatory process, the cost of fulfilling the mandate of the boards is high.

Again, he was referencing the challenges with the amount of resources that were provided. He went on to say:

If economic development potential in the north is a key objective of the federal government, it is the board's view that equal measures to promote and support the regulatory regimes are required to effectively and efficiently fulfill the commitments made in the Nunavut land claims agreement.

He went on to talk about how important it is to make increased resources available to the Water Review Board, but also to other organizations as well:

Accordingly, the boards recommend a review of federal and territorial resources available and required to fulfill the NLCA functions and reduce barriers to development in the north.

As I mentioned earlier, there are not any assurances in this piece of legislation that there will be the resources available for Nunavut to actually undertake the implementation of this very important piece, and that is another reason why it is important to get the bill to committee quickly, because of course it was first introduced in 2010, and here we are two years later, and because of an election, the bill was not dealt with. Of course, we have been back here for well over a year and the bill could have been introduced months ago.

One of the reasons the Water Review Board is raising concerns around funding is that it has been the experience, when other pieces of legislation have been passed, when there has not been that commitment to funding, that those pieces of legislation actually languish.

I want to refer to Bill C-34 that was passed by the Parliament of Canada back in December 2006. Bill C-34 was the First Nations Jurisdiction over Education in British Columbia Act. FNESC, which has been an advocate, actively involved in implementing that piece of legislation, has recently written a letter to the former minister Jim Prentice, indicating to Mr. Prentice:

However, unilateral action by the Canadian government is now jeopardizing the education jurisdiction initiative in BC, including the legally binding agreements and supporting legislation. Specifically, we have been unable to reach resolution with the Government of Canada regarding reasonable funding for this initiative.

Here we have a piece of legislation that was passed in 2006. Here we are in 2012, and the initiative still is not being appropriately funded.

The Nunavut Impact Review Board is quite correct in raising concerns about the fact that adequate funding has not so far been talked about.

In the last couple of minutes I have left I want to raise some concerns, overall, with the speed of implementation of land claims agreements and some of the subsequent agreements that are so important for their effective functioning.

In the second universal periodic review that was submitted on October 9, 2012, to the United Nations Human Rights Council by the Land Claims Agreements Coalition, they have raised a number of concerns about Canada's foot-dragging on these matters. In this they outline first of all the importance of modern treaties and the fact that these modern treaties represent nation to nation and government to government relationships between aboriginal signatory and the Crown in right of Canada.

They go on to talk about the importance of this in terms of:

...[improving] social, cultural, political and economic well-being. At the same time, these agreements are intended to provide all signatories with a mutual foundation for the beneficial and sustainable development and use of Aboriginal peoples' traditional lands and resources.

They talk about the fact that:

The treaty rights arising from modern land claims...express the mutual desire of the Crown and Aboriginal peoples to reconcile through sharing the lands, resources and natural wealth of this subcontinent in a manner that is equitable and just, in contrast to the discriminatory and assimilationist approaches that have characterized their historical relations.

They talk about the honour of the Crown, and I will touch on a couple of the recommendations they made. First, they raised the issue of the fact that “...Nunavut, one of the Coalition's founding members...” had to file a claim “against the Government of Canada, concerning a litany of federal implementation failures in respect of the Nunavut Agreement...”.

They then state:

In June 2012, Mr. Justice Johnson of the Nunavut Court of Justice ruled in favour of the Inuit, in relation to one aspect of the suit, concerning the failure to develop an ecosystemic and socio-economic monitoring plan.

It goes on to say:

Mr....Johnson ordered the Government of Canada to disgorge the $14 million it had saved by not implementing the treaty obligation in a timely manner.

Later on in the submission to the Human Rights Council, as I had mentioned, they raised the issue about funding and the fact that funding has not been discussed, at least that we can tell, in Bill C-47.

The Land Claims Coalition has put forward a “Four-Ten Declaration and Model Implementation Policy”. In this four-ten declaration, it has indicated:

A federal commitment to achieve the broad objectives of modern treaties, as opposed to mere technical compliance with narrowly defined obligations. This must include, but not be limited to, ensuring adequate funding to achieve these objectives and obligations.

It also indicates:

There must be an independent implementation and review body.

That has often been a sticking point when we come to land claims and treaties.

The document further states:

On March 3, 2009, the Land Claims Agreements Coalition released a model national policy on land claims agreement implementation: “Honour, Spirit and Intent: A Model Canadian Policy on the Full Implementation of Modern Treaties Between Aboriginal Peoples and the Crown”....

And in this, under the model, one point specifically related to Bill C-47 is that the model Canadian policy calls for:

Implement[ing] dynamic self-government arrangements and negotiat[ing] stable, predictable and adequate funding arrangements;

Negotiate in good faith with Aboriginal signatories to conclude multi-year implementation plans and fiscal agreements and arrangements;

Provide sufficient and timely funding to fully implement the objectives of modern treaties;

So the issue of funding is very important when we are talking about Bill C-47. It has been raised over a number of years, and we have not seen that firm commitment. The deputy minister said that although they were considering it, he did not make any kind of commitment when he came before the committee a couple of years ago.

In conclusion, New Democrats are supporting this bill getting to committee. We are looking forward to a thorough review of a very technical, complex piece of legislation. It impacts on Yukon, Northwest Territories and Nunavut. I look forward to having that very thorough discussion and getting this piece of legislation moved forward.

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November 26th, 2012 / 4:45 p.m.
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NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, the hon. member is an incredible advocate for first nations, Inuit and Métis peoples in this country, and I always appreciate her well-informed and well-researched speeches.

The member raised an important matter, that it is very important to move forward with legislation so that Nunavut can move forward on implementing its self-government and self-administration of its lands. However, as the predecessor to the hon. member as this party's critic for aboriginal affairs and northern development, I received many briefings from first nations and from the Nunavut people, expressing their concerns that the government has failed to deliver on its constitutional obligations to provide the financing necessary to implement the self-government provisions of its land claim and self-government agreements.

Could the member elaborate on that a bit?

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November 26th, 2012 / 4:45 p.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, part of the ongoing challenge with land claims agreements and self-government agreements has been the continued lack of long-term funding, or when the windows come up when these agreements need to be reviewed, there is continual foot-dragging. That is one of the reasons that the Land Claims Coalition put forward the model policy that talks on a number of points about the importance of consistent funding.

I talked about the First Nations Education Steering Committee and the B.C. First Nations Education Act, and it is a really good example of something that has now been in place for six years and has not been adequately funded. The Nunavut land claims agreement has been in place for decades and it has taken this long to get this next phase of the agreement implemented through Bill C-47. Even with this, there still has not been that long-term commitment to funding. We simply cannot have the improvement in socio-economic status if we do not have those long-term commitments to funding.

Hopefully we will hear at committee, once we hear from the minister, that the government is committing to that kind of funding to move this next piece of legislation forward.

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November 26th, 2012 / 4:45 p.m.
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Conservative

LaVar Payne Conservative Medicine Hat, AB

Mr. Speaker, I listened to my colleague's comments across the floor and concerns about the Nunavut Impact Review Board and the Nunavut Planning Commission and the difficulty at times maintaining quorum, but as I understand in the bill there are at least three provisions that would look after that.

If a member's term expires while a project proposal is under review, that could be extended in relation to the project until a review is complete. Second, if a vacancy occurs during the term, a new member could be appointed for a three-year term. Finally, the board has the authority to establish panels of three, five and seven members. I am wondering if the member opposite would agree that these would enhance the ability for the planning commission and the review board to carry out their duties.

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November 26th, 2012 / 4:50 p.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, of course I indicated a number of times in my speech that the New Democrats are supporting getting the bill to committee. We are hoping that will happen fairly quickly.

With regard to the issues around quorum and board members, the testimony I was reading was from 2010, and here we are two years later when we finally have a piece of legislation that hopefully would help deal with it, but I must point out that part of the challenge rested with the government in terms of the appointment of those board members.

I would agree it is a good move forward. It is just unfortunate it has taken so long to do it.

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November 26th, 2012 / 4:50 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

Resuming debate. Is the House ready for the question?

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November 26th, 2012 / 4:50 p.m.
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Some hon. members

Question.

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November 26th, 2012 / 4:50 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

The question is on the motion. Is it the pleasure of the House to adopt the motion?

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November 26th, 2012 / 4:50 p.m.
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Some hon. members

Agreed.

On division.

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November 26th, 2012 / 4:50 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

I declare the motion carried. Accordingly, the bill stands referred to the Standing Committee on Aboriginal Affairs and Northern Development.

(Motion agreed to, bill read the second time and referred to a committee)