Bill C-47 (Historical)

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

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.

Northern Jobs and Growth Act

[Carolyn Bennett, Liberal, St. Paul's, ON]

Mr. Speaker, Liberals will be supporting this bill but, yet again, want to express our concern that the government seems to not understand what a parliamentary process is supposed to look like. When the committee travels to the north, the thoughtful people who have been dealing with these issues for a long time deserve to be heard in a real and meaningful way, which is two-way accountability between knowledgeable citizens and Parliament.

Yet again, the government has refused to accept one, not one, amendment to this bill. The government seems to think that amendments wreck bills. We on this side think that amendments improve bills and resolve weaknesses that have been identified by witnesses. Amendments reflect what members heard. As the member for Western Arctic said, the thoughtful people who went to committee had actually crafted the amendments themselves and yet the government refused to listen.

As I have said in the House before, 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. The 2008 McCrank report made it clear that the north is struggling with gaps in surface rights legislation to resolve disputes with landowners who did not want to grant access to their lands for development projects.

With an estimated $8 billion worth of mining investments ready to pour into Canada's north over the next decade, the Liberal Party supports closing these legislative gaps. However, as the member for Western Arctic said, we are not sure why this was not done in two dedicated bills for the two jurisdictions being folded into this one piece of legislation.

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

With regard to the land claims agreement, the first part of the bill enacts the Nunavut Planning and Project Assessment Act, which implements certain provisions of articles 10 to 12 of the 1993 Nunavut Land Claims Agreement.

Since 2002, Aboriginal Affairs and Northern Development Canada, Nunavut Tunngavik Inc., or NTI, and the government of Nunavut have been working on developing the legislation through the Nunavut legislative working group. This work has been supported by the Nunavut Planning Commission and the Nunavut Impact Review Board.

We are troubled about the concerns raised by NTI that portions of the bill regarding Nunavut do not mirror the language in the land claims agreement and the government's refusal to address these concerns with the amendments that they proposed.

We also heard from the Nunavut Planning Commission that, based upon current information, an initial $2,918,284 is necessary to effectively prepare for and implement the new legal requirements that accompany the legislation. In addition to this needed funding, $1,878,284 of indexed core funding would also be required for ongoing implementation responsibilities.

We heard testimony from Sharon Ehaloak of the commission who made it clear when she said, “We will not be able to enact this legislation without additional funding. There's just no question about it”.

It is not just the planning commission that is raising concerns. Mr. Rick Meyers, vice-president for the Mining Association of Canada, told us:

...most of the boards across the north have been marginally funded, if you like, if not underfunded. They do get the work done and deliver good product, but they do it at some challenge....

I think it's very important that the co-management boards be funded properly.

We are concerned that if those responsible to implement the legislation do not have the resources to do it, we are setting them up to fail, and northerners will not see the benefits that are expected from this legislation. When the minister, the member for Nunavut, was speaking this morning, it was disappointing to hear that she was not able to give any assurance that there would be funding to accompany this legislation.

The government's response to this concern is that necessary money will be provided through the implementation phase of the process. Essentially, the government has said simply, “Trust us; we will handle it; don't worry about the needed funding”, but Ms. Ehaloak testified that

The government has told us that it's moving forward as cost neutral. That's been unacceptable. We will not be able to fulfill the obligations if the legislation moves forward without the funding.

In fact, the Nunavut Planning Commission has been trying without success to negotiate an implementation contract for years, so how can we trust the government when it says it will now resolve this crucial issue of adequate funding?

The goal of part 1 of Bill C-47 is to ensure that any project proposed in the Nunavut settlement area will be carefully examined for its potential impact and benefits. The Nunavut Planning Commission and the Nunavut Impact Review Board will examine, consult and respond to specific project proposals, determine whether they conform to the land use plan and assess how these projects will affect the Nunavut settlement area. This determination will require appropriate consultations, but affected parties and relevant organizations may not have the financial resources to participate effectively or at all.

That is why Liberals have called for a participant fund to be established to ensure that proper consultation will take place. This is at the suggestion of many witnesses and many northerners who felt that a participant fund was not without precedent. When the Canadian Environmental Assessment Act was enacted, sections 57 and 58 recognized this challenge and provided there for participant funding.

All other parties to the working group advocated for such a fund, but the government alone refused to agree with the negotiations. It was disappointing to hear the official make it sound as though it was approved, when indeed it was quite clear that there was only one party at the negotiations that refused to agree to a participant fund, and that was Canada. When the Liberals later proposed that the responsible minister should establish a participant funding program to promote public participation in the review of the projects, the government again refused to consider it.

Bill C-47 is an incredibly complex legislation, and the portions pertaining to Nunavut are the product of more than a decade of negotiations. We have heard concerns from the land claims organization, NTI, about some of the language in the legislation not mirroring that in the Nunavut Land Claims Agreement and we have heard concerns from the Nunavut Planning Commission about a lack of funding to properly implement this legislation. The Nunavut Chamber of Mines and the Prospectors and Developers Association of Canada testified that given the complexity of this legislation, “further refinements and adjustments will be necessary”.

Given this complexity and these concerns, a mandatory five-year review of how this legislation performs, once implemented, would have been prudent, but the Conservatives refused our amendment to insert such a review out of hand. The Conservative government's refusal to accept any amendments, regardless of how sensible or minor or bottom-up, is truly troubling.

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 economic 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 will also require investments in basic needs such as education, housing and health, as well as the infrastructure required to support a growing population and economy.

The Prime Minister does not actually seem to understand northern development. It has to be more than military deployments and extracting natural resources. Northern development must also deal with the societal, 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 Food Banks Canada report “HungerCount 2012” brings 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 of Iqaluit spend 25% of their total expenditures on food, compared to the Canadian average of 11%, yet the Conservative government has stubbornly refused to admit that the nutrition north program that was supposed to deal with the situation has failed to bring down the costs of weekly food budgets.

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

Without equal access to education and training, northern Canadians will not benefit from the employment opportunities that resource development will create. Instead of developing appropriate programs to address this need, the Conservative government is actually 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.

Critical gaps also remain in terms of transportation, such as the planned development of a deepwater port at Nanisivik that has been scrapped in favour of a part-time summer-only fuelling station.

Iqaluit still does not have a deepwater port and Nunavut Premier Aariak recently indicated that the lack of ports and roads connecting northern communities to each other and to the south is constraining economic and social development.

In short, unlocking the tremendous potential of the north is much broader than streamlining the regulatory process for land use and development. The government needs to have a much more holisitic approach to economic development in the north. However, as I said earlier, despite the fact that this bill is by no means perfect, we do believe that there are significant positive aspects to the legislation.

In closing, one of the great privileges of being a member of Parliament is getting to see all over this wonderful country. It was in the summer of 1998 that I was first able to visit Nunavut, a year before it became a territory. We had an arctic caucus with former Nunavut MP Nancy Karetak-Lindell. We were then visiting Baffin, Grise Fiord and Resolute. I was just captivated by the majesty of the land and the dignity of the people who live in Canada's north.

I think I have been back at least once a year ever since, and that is why the Prime Minister's annual trip to Canada's north is always tough for me: because it never deals with the real problems facing northerners. Northerners deserve more from a Prime Minister than an annual photo op focused on military exercises, ignoring the real challenges of the people of the north and refusing to listen to the solutions that must come from northerners.

The standard of living and quality of life for northerners must meet both Canadian and international norms and minimums. The Arctic millennium development goals are way behind. The federal government must invest not only in basic needs such as education, housing and health but also in the infrastructure, like the ports that will be required to support the growing population and the economy as well as natural resources extraction.

The Prime Minister does not seem to understand northern sovereignty. It has to be more than military deployments and extracting natural resources. Northern sovereignty must also deal with the social and economic welfare of the people who live there. Our northern sovereignty depends on northern peoples. It is time he listened to them and worked with them on their priorities.

[Dennis Bevington, NDP, Western Arctic, NT]

Mr. Speaker, I rise today 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. I will not use the wildly inaccurate short title the Conservatives have dreamed up for this bill, because this is a bill that speaks to more than simply job creation.

The bill affects two regions of the country that are moving toward more self-determination at all times, two regions of the country that are settling their land claims in a good fashion with the opportunities that come with settled land claims.

We have a situation in the Northwest Territories where aboriginal governments and public governments have to get along. We have to learn how to get along and how to work together.

In Nunavut there is a single government that represents all the inhabitants of Nunavut, one land claim. Its job is slighty less complex than that of the Northwest Territories, but both are working very hard to achieve unique and satisfactory arrangements between the constitutionally entrenched rights of first nations and Inuit and the rights of public government that are held by all of us.

Bill C-47 was shown in committee to be very flawed. The Conservative member for Mississauga South said about it at committee, “No one got exactly what they wanted from this legislation”. None of the people in the north who wanted to see the legislation go forward got what they wanted.

The bill is so flawed that the Conservative member for Palliser said, “None of the stakeholders involved in the development of the Nunavut Planning and Project Assessment Act got everything they wanted in the bill”.

Why is that? This is a bill for those people. This is a bill for the people of Nunavut to deal with their rights going forward. Why did they not get what they wanted? What was the problem?

This is a bill so poorly executed that the Conservative member for Desnethé—Missinippi—Churchill River said, “Nobody, including industry, got everything they wanted in this legislation”.

The bill is going forward in a flawed fashion. It is an essential bill. It is a bill that is needed by Nunavut, especially, for its requirements for the legislation from this Parliament. It needs this. It has been waiting for this for a long time.

Committee witness after committee witness brought forward numerous mistakes Conservatives made in developing the bill, but they chose to ignore those. They chose not to address amendments. They simply voted them down, one after another.

As Chief Roy Fabian of the Kátl'odeeche First Nation in the Northwest Territories said of the process used to develop this legislation, “It is extremely frustrating to attend meetings and express concerns, provide recommendations to address the concerns, and then see that input ignored”. Who knows better what is good for the north than those who reside in the Conservative headquarters in Ottawa?

Because the bill was so badly drafted, the opposition put forward 50 amendments to fix these mistakes and 49 of those amendments were recommended by various stakeholders. The 50th, which was another one, was based on wording from the parliamentary secretary who attended meetings in Yellowknife, substituting the word “and” for “or” in the legislation when he talked about the use and the understanding of traditional knowledge by those who were to be appointed to the board. We wanted to clarify that, but the Conservatives would not accept that either.

Let us look at some of the amendments we have put forward.

There were two amendments that would ensure the Nunavut Planning Commission would hold public hearings as part of its review of an application. This amendment was requested by Nunavut Tunngavik Incorporated. It provided for transparency of process, which would make the commission more accountable. What is wrong with that?

There was an amendment making clear that projects approved under one land use plan would be grandfathered and would remain unaffected by changes or amendments to a land use plan. This amendment was requested by the NWT & Nunavut Chamber of Mines. People in the industry wanted assurance when they went forward with a project that they would not be blind-sided later on by changes to any land use planning. Why would the Conservatives turn this down?

There are amendments replacing the vague word “opinion” with the word “determined”. These changes would have strengthened the language of the act. The amendment was requested by Nunavut Tunngavik Inc., the land claims group that worked so hard to establish its homeland in Nunavut. Its ideas for the bill were turned down.

There was an amendment that would require the board to have a participant funding program. By providing participant funding, the review process would be more efficient and economical. This amendment was requested both by NTI and by the Nunavut Impact Review Board.

We all know that in the north, communities that want to talk about projects that are going forward on their land are separated by large distances. It is very expensive to travel. The ability to get expert witnesses in front of a board to deal with these issues is absolutely imperative for these communities so that they can deal with the difficult questions that come out of projects of the magnitude we have seen proposed in Nunavut. This amendment would have guaranteed participant funding for those groups. It was turned down as well.

Another amendment from the NWT & Nunavut Chamber of Mines would require that the act be reviewed by a committee of Parliament five years after it came into force. This was pretty straightforward. If 50 amendments came forward to us on the precise nature of the changes required to make the act work better, and all of them were rejected, would one not think it would be appropriate to provide a review process after five years? I sat on the Mackenzie Valley Environmental Impact Review Board when it was first set up. It was quite clear within two or three years of being put into practice what changes to that legislation were required.

We have a situation such that we will not have a review. The review is not going to take place. This legislation is going to be stuck. The opportunity to bring it back to Parliament will require political support from whatever government is in power at the time. It will have to be put back on the agenda to get some changes made. That is really not very good.

There was the amendment restricting the NWT surface rights board's jurisdiction to lands outside municipal boundaries. It provided certainty to municipalities that have planned for land use inside their own communities. This amendment was requested by the NWT Association of Communities and also by the non-governmental organization Alternatives North. It was a simple amendment that would have allowed municipalities to deal with their land in an appropriate fashion without having the strange situation that can come up when there are mineral claims within municipal boundaries.

Finally, and this is not finally in terms of all the amendments made but is the final one I am going to talk about, there was an amendment giving authority to the NWT surface rights board to require financial security to ensure compliance with its orders. This amendment was requested, once again, by Alternatives North. This comes from the practices we have had over the years. We have seen the results if we do not insist on financial security on behalf of the companies that want to use the land. We do not have to be told that this is a bad idea. This is a good idea. This would give certainty to everyone involved in the process.

All of these amendments went down and continue to go down. Discussion by Conservatives on the committee was practically nil. They did not want to talk about it. They were not instructed to talk about it. It really is an unfortunate fact of this legislation.

I could go on and on about these amendments, but I will now move on to the bill itself.

Parts of the bill implement long-standing commitments Canada has made under land claims agreements, most of them signed in the 90s, some under the Mulroney government and some under the Liberal government. It should really have been the Liberals who developed the legislation as part of the land claims implementation process. However, like so many other things, the Liberals just did not get around to it. When they did produce drafts, as the minister has pointed out, they were not successful. Because of the Liberals' failure to complete their work in Nunavut, the land use planning process has been muddling on for 20 years.

Meanwhile, on the other side, in the Northwest Territories, the lack of a surface rights board has had absolutely no impact. In the absence of a surface rights board, an ad hoc system of arbitration panels was set up to deal with land access issues. In their 20-plus years of existence, only one application to resolve an access dispute has been filed, but it did not even proceed. In fact, even with this legislation in place, it would be unlikely that the board would be used. As the Minister of Aboriginal Affairs said to the committee: “[I]t probably won't be asked to do very much”.

To paraphrase Norman Snowshoe, vice-president of the Gwich'in Tribal Council, testifying at the committee on the bill, what is the rush? Where is the problem? In fact, Mr. Snowshoe went on to say that they could have said more about the bill, but they do not have the resources to do a proper job of analyzing what the government is up to. Most of the other land claims groups and the groups in unsettled areas simply do not have the time to put into the kind of consultation required to determine whether this is in their interests or not.

The government's response is that we need to get this done for devolution. Devolution is an important aspect of moving forward in the north. There is no doubt about that. Certain agreements have to be in place. However, we have time.

The Conservatives chose to lump these two bills together. The surface rights board act probably should have been brought forward at a later time, when more aspects of the devolution deal were fully understood by northerners.

There has been very little public input, to this day, about devolution. When we talk about a bill that has to be done before devolution, we are talking about something that actually impacts on how devolution is going to turn out. Why do we have this rush now to put this in before devolution? Really, it should be part of the devolution discussions. It could have been put into any of the other amendments that are going to be required for devolution at the time devolution comes forward. If the government is serious about devolution and is serious about moving it forward, as it has said, then certainly, the NWT surface rights board act could have been dealt with at that time. It could have been part of that package.

We are really talking about a bill that is dealing with two regions of the country: NWT and Nunavut. If the bill was for these two regions of the country, why did the Conservatives consistently, and without any discussion, ignore all the recommendations for amendments that came forward from the legitimate groups that were witnesses in front of these committees? These were simple amendments. These people were not against the bill. They wanted to ensure that the bill would work correctly and would work for them and their interests. Surely, in this country, we can understand that.

Should the Conservative MPs not have been saying how the people of the north got what they wanted from the legislation rather than that no one got what they wanted? I learned a long time ago that if no one is happy with the job one has done, one has done a poor job. This legislation for Nunavut is required. It is part of what has to happen in Nunavut. The fact that so many of the amendments came from Nunavut says that people in Nunavut are not going to be satisfied in the end with the job the legislation does.

The NWT is close to a devolution agreement, according to press statements, but not according to any public process we have been able to identify that allows people in the Northwest Territories to understand what devolution actually is. However, Nunavut is still a long way from an agreement. Given these differences in where each territory is in the devolution process, why did we bundle the two acts together, implementing vastly different land claims requirements?

As Kevin O'Reilly, of Alternatives North, submitted at committee:

[W]e do not believe that placing several different implementation provisions in one bill is a proper approach. This makes amendments and meaningful debate difficult at best. We would have preferred for separate bills for each land claim area to allow for better consultation and opportunities for improvement.

That is precisely why the government bundled these two acts together. It does not want to hear from Canadians. The Conservatives have an assumption that they are right, that they are the ones in charge, and that their rightness is self-evident. Therefore, every act they have put forward in this new Parliament, with their shiny new majority, is perfect, and anyone who says otherwise is not really a good Canadian. As a northerner and a person who listened to the northerners, I would say that we did not get this bill completely right. We have not dealt with what the northerners want in it.

We have a requirement for this bill, and it will move forward. What gives me hope is that the other day, the Premier of the Northwest Territories indicated in a northern newspaper article that he was under the understanding that the surface rights board act would become NWT legislation after devolution. If that is the case, and it does become legislation that the Northwest Territories legislature can amend, then that act will only be imperfect for as long as the people of the north decide it is. That is a positive aspect. If the devolution agreement goes as the premier said, and the legislation will actually be transferred to the government of the Northwest Territories, then it will be our responsibility to make it work right. I have no doubt that we will do that.

Unfortunately, the same cannot be said for Nunavut in the future. We have no devolution agreement in principle. It is my understanding that a negotiator has been appointed for devolution. That is a good sign. However, there was a negotiator appointed for devolution in the Northwest Territories probably a dozen years ago or more. That is not a hopeful sign for Nunavut. Nunavut needs its say over the legislation it uses in its territory. Let us hope that Nunavut can move forward with devolution as well so that it can make the choices it needs to make for itself.

[Dennis Bevington, NDP, Western Arctic, NT]

Mr. Speaker, Bill C-47 impacts both the constituencies that I and the minister represent. One of the issues with the bill is the fact that these very different entities were not treated with respect and given separate bills for the purposes of carrying on this discussion and to ensure that the issues inherent in such complex bills were well established in Parliament.

Land use planning is a very important element in the bill and I agree with the minister that this is important in the Northwest Territories. In the Mackenzie Valley Resource Management Act, we have had a section on land use planning since its creation. Unfortunately, no land use plans have yet been put in place through that process, so the land use planning is much retarded.

We heard presentations from the Nunavut Planning Commission, which indicated that when the bill was passed with the kind of single entry approach, with the resources now had available to it, it would likely be in contravention of the act going forward.

The government is not putting forward the dollars to do environmental assessments. We saw that the Mackenzie Valley Environmental Impact Review Board—

[Leona Aglukkaq, Conservative, Nunavut, NU]

moved that, the bill be read the third time and passed.

Mr. Speaker, Canadians recognize that Canada's north plays a fundamental role in the wellbeing of our country. In fact, the north is poised to lead the country in terms of GDP growth in the next two years. The prosperity, security and environmental health of the north will go a long way toward determining the ongoing prosperity, security and environmental health of the entire country.

Given its essential role in Canada's present and future, it should come as no surprise to anyone that the north is a leading priority for our government. As the Prime Minister has often pointed out, Canada's north is a higher priority for our government than it has ever been under any past governments.

Many Canadians often think of the northern regions of this great country in terms of raw, untamed and resilient land, beautiful in its diversity, yet harsh and unforgiving. Our northern lands are all of these things, but also much more. The north is home to thousands who rely upon the land and upon the resources of the north for their livelihood and their future.

The parliamentary secretary for aboriginal affairs and CanNor was today speaking at the Prospectors and Developers Association of Canada's aboriginal forum, entitled “Promoting Excellence in Engagement”. Through events like this aboriginal forum, ways can be found to promote successful aboriginal participation in the mineral industry. We all benefit from sustainable and strategic development of natural resources in Canada.

We recognize that the ecosystems that survive in the north are delicate and must be protected for those who depend upon them. The cornerstone to ensuring the preservation of these delicate ecosystems is sound resource management based on principles and practices of sustainable use.

Part 1 of Bill C-47 is the Nunavut planning and project assessment act, which I believe will provide the people of Nunavut with the tools to plan and assess land, water and resource use in a responsible and sustainable manner. I believe the bill will empower the people of Nunavut to manage their own land and resource development in order to fuel strong, healthy and self-reliant communities.

Indeed, I am convinced that the bill would help the people of Nunavut make planning and project assessment decisions that would not only lead to greater economic development of the territory's land and resources, but also enable them to protect their environment and preserve a precious and unique natural heritage for future generations.

The importance of that balance between environment and development can be found in the preamble to part 1, where we clearly express our commitment to responsible economic development and protection of northern ecosystems while promoting the interests of Inuit, northerners and all Canadians. Our government is determined to ensure that responsible economic development and healthy ecosystems would both feature in Nunavut's future.

The Nunavut planning and project assessment act would provide the tools to achieve this goal. It will encourage community growth and prosperity and help ensure our land, water and air are safe and clean. It will assist in developing exciting new projects and preserving wildlife. It will encourage economic development and safeguard the environment.

The Nunavut planning and project assessment act will include three critical elements that would make this balance between environment and development possible.

The first element is land use planning.

Bill C-47 would set out a clear and comprehensive framework for land use planning. Effective planning starts with the development of priorities, policies and objectives, which would provide the foundation for that plan. In Nunavut, these priorities, policies and objectives were developed by the Nunavut Planning Commission in partnership with both the Government of Nunavut and the Government of Canada. This partnership allowed for a balance of local, regional and indeed national interests in the development of land use plans.

As development of the land use plan proceeds, extensive consultations will be undertaken. While much of the consultation will focus on the community level, Bill C-47 also ensures a balanced perspective by directing the commission to solicit the views of other stakeholders, including interested corporations, organizations and Canadians.

It is also important to note that the balanced approach to the development of priorities, policies and objectives in the land use planning stages will extend to the approval stage. In addition to requiring approval by the Government of Nunavut and the Government of Canada, land use plans will also require the approval of the Inuit leadership.

The second element that makes the balance between environmental protection and economic development possible is the single entry model for project assessment. Under this approach, development projects enter the system through a project description submitted to the Nunavut Planning Commission. The commission ensures that all development projects are guided by, and conform to, the land use plan.

Project proposals that are accepted by the commission are then sent to the Nunavut Impact Review Board, where they are subject to environmental assessment. The board carefully examines each project to ensure the ecosystem is protected and the wellbeing of Nunavummiut is also protected, while at the same time taking into account the wellbeing of all Canadians. In Nunavut, we truly implement the one project-one review principle. The board is also responsible for preparing project certificates for successful projects. These certificates set out the terms and conditions of projects which have been approved by the responsible regulatory minister.

I should point out that this part of the bill allows the Nunavut Impact Review Board to coordinate the environmental review process with the Nunavut Water Board, which manages the water licensing process. This will further strengthen the environmental scrutiny of potential projects while providing greater efficiency of process. In the end, a single entry model provides an effective, efficient and fully integrated process for considering project proposals, from the beginning of the planning process to the regulatory approval.

Finally, the Nunavut planning and project assessment act would ensure the balance between protecting the environment and allowing resource development to be maintained through strong enforcement provisions. It prescribes a robust enforcement scheme to help ensure that proponents follow precise requirements for both the land use plan and the approved project certificates after an environmental assessment.

An important feature of Bill C-47 is the balance between the requirement for the Nunavut Planning Commission and the Nunavut Impact Review Board to provide regulators and project proponents with clear objective determinations, recommendations, and terms and conditions. These parameters allow all partners to fully understand their respective responsibilities and obligations during project development and the enforcement provisions that proponents would be subject to. When the rules and consequences are clearly set out, proponents will have the confidence to invest in Nunavut knowing that the ground will not be shifting under them.

Combined, these three key elements, effective land use planning, a one project-one review model for project assessment, and robust enforcement, would enable Canada and the people of Nunavut to strike a healthy balance between encouraging economic development and safeguarding the environment.

With respect to part 2 of the bill, the Northwest Territories surface rights board act would fulfill the Government of Canada's obligation under the Gwich’in comprehensive land claim agreement and the Sahtu Dene and Métis comprehensive land claim agreement. Both agreements refer specifically to the need for a surface rights board. The establishment of the board is also consistent with the Inuvialuit final agreement and the Tlicho land claims and self-government agreement, which are the other two comprehensive land claims in the Northwest Territories.

The Tlicho agreement allows for the establishment of a surface rights board. The Inuvialuit final agreement specifies that any interim measures related to access across Inuvialuit land to reach adjacent lands would be replaced when a law of general application, such as this bill, is enacted.

The board is authorized to resolve disputes between holders of surface and subsurface rights and the owner or occupants of surface lands when agreements on terms, conditions and compensation for access cannot be reached by the parties in question. The board will have jurisdiction to resolve access disputes through the Northwest Territories. The board will, on application, make orders related to terms, conditions and compensations only where it has been requested to do so and only after such rights have been previously issued. In so doing, this board would contribute to greater certainty and predictability for long-term economic growth and job creation in the territory.

In setting up the Northwest Territories surface rights board, we believe Bill C-47 would create a clear, consistent, uniform process for resolving disputes related to lawful access to lands and resources in a manner that is fair and respectful of the rights held by aboriginal peoples and all northerners. That is not all. Since orders of the Northwest Territories surface rights board would be final and binding, rights holders, landowners and occupants would have a powerful incentive to negotiate and agree on terms, conditions and compensation for access that would benefit all parties, and in turn contribute to greater certainty and predictability.

Bill C-47 would fulfill the Government of Canada's legislative obligations flowing from the negotiated land claims in both Nunavut and the Northwest Territories. It proposes mechanisms to improve regulatory processes, encourage investment and allow resources to be developed in a sustainable manner. This would lead to jobs and benefits for future generations of Canadians.

One of our key priorities is ensuring a stronger, more dynamic economy for northern families and businesses. This bill was made in the north. We consulted with northerners, for northerners. The Nunavut planning and project assessment act is the result of open and widely held negotiations, discussions and consultations with the government of Nunavut, Nunavut Tunngavik Inc., the Nunavut Planning Commission and the Nunavut Impact Review Board.

Consultations on the development of the Northwest Territories surface rights board act were extensive, as well. As I mentioned earlier, this bill would respond to our last legislative obligation from the Gwich’in and Sahtu land claims agreements and complete a regulatory regime that was originally envisioned in the Northwest Territories land claims agreements. This bill would ensure that further developments in the north are reviewed in a timely, clear and predictable manner. It would ensure that appropriate measures would be taken to protect fragile northern ecosystems, that those measures would be enforced, and that northerners and Canadians will enjoy the benefits of responsible resource development.

I can assure the House and all Canadians that we in this government are committed to creating a strong and prosperous north that realizes its resource potential while safeguarding its environmental health and heritage. Every day we uphold our pledge by working with northerners. This includes decisive, prudent actions for general greater economic development in the north, so that northerners prosper from the growth of northern businesses, skills and employment.

What specific recent advancements have been made to spur sustainable economic development in the north? The list is long. We have made economic development a central element of Canada's northern strategy. We have invested in the people of the north through programs like the northern adult basic education program, which was announced last year. We have taken firm steps to improve the system and processes we use to manage the exploration, stewardship and development of northern resources.

In May 2010, our government's action plan to improve the northern regulatory regime was announced. We have used our economic action plan to make hundreds of millions of dollars worth of targeted northern investments, to build infrastructure, undertake research, promote tourism and help young Canadians develop vital job skills. We have established the Canadian Northern Economic Development Agency and the northern projects management office to make sure investments are managed and delivered effectively.

Bill C-47 would greatly contribute to improving the effectiveness and efficiency of project management in the north. For projects in Nunavut, there would be no more overlapping and inconsistent processes, no more ad hoc procedures and shifting requirements, and no more duplications and delays.

For resource right holders seeking lawful access to resources in the Northwest Territories, the establishment of the surface rights board has 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 territories.

Many northerners remain closely tied to the land and the waters of the north, some for their livelihood, some for their very survival. The bill, if passed, will put in place legislated land use planning and environmental assessment processes in Nunavut that respect the northern environment and the distinct needs of the people who live there. In the Northwest Territories it will establish a clear balance and fair dispute settlement mechanism for access disputes for all Northwest Territories that is respectful of the rights of the aboriginal people and all northerners.

For generations, the people of the north have carefully managed their land, water and other resources. It is our duty as government, as parliamentarians and as legislators to ensure that the promising potential of economic prosperity in the north is managed in a sustainable fashion that protects the environment and unique ecosystem in the north. I urge my hon. colleagues to support Bill C-47.

(The House resumed at 12 p.m.)

The House proceeded to the consideration of Bill C-47, An Act to enact the Nunavut Planning and Project Assessment Act and the Northwest Territories Surface Rights Board Act and to make related and consequential amendments to other Acts, as reported (without amendment) from the committee.

Enhancing Royal Canadian Mounted Police Accountability Act

[Dennis Bevington, NDP, Western Arctic, NT]

Mr. Speaker, I thank my colleague for his speech and his great experience with this segment of our society, which makes his words even more powerful.

The Conservatives have a thing about amendments. With regard to Bill C-47, some 50 amendments were put forward. Most of them came from northerners, and the bill was on the north. Most of the amendments came from witnesses from across the north, who brought them forward in amendment form, and that made the body of the amendments that were put forward. None of them were voted for by the Conservatives, of course.

I want to clarify something with respect to these amendments that were brought forward. What was the position of many of the witnesses before the committee as to these amendments?

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon we will continue debating third reading of Bill C-42, the enhancing Royal Canadian Mounted Police accountability act, a bill that would give the RCMP the tools it needs to strengthen accountability and enhance public trust. I am puzzled why the NDP is putting up member after member to delay and block bringing accountability to the Royal Canadian Mounted Police. The New Democrats should let the bill come to a final vote so that these much-needed reforms can be put in place. In fact, the RCMP commissioner, Robert Paulson, was in front of the committee yesterday, and he called for swift passage of the bill.

If the New Democrats heed the commissioner's advice and allow the debate to conclude, we will be able to start third reading of Bill S-7, the combatting terrorism act, and help keep Canadians safe that way.

Tomorrow, we will start the second reading debate on Bill C-54, the Not Criminally Responsible Reform Act. This bill proposes to put public safety as the first and paramount consideration in the process of dealing with accused persons found to be not criminally responsible. It accomplishes this change without affecting the treatment these individuals receive.

The debate on Bill C-54 will continue next Thursday and—if necessary—on Friday. Monday, we will consider Bill C-47, the Northern Jobs and Growth Act, at report stage and third reading. We will continue that debate on Wednesday.

Tuesday, March 5, shall be the sixth allotted day, which will go to the New Democrats.

Finally, I hope that the opposition will support our hard-working approach to business so that we could also consider second reading of Bill C-48, the technical tax amendments act, 2012; the second reading of Bill S-12, the incorporation by reference in regulations act; and report stage and third reading of Bill S-9, the nuclear terrorism act.

In addition, in response to what I will take to be an invitation from the oppostion House leader, I would like unanimous consent to propose the following motion. I hope the opposition will not block it.

I move that, notwithstanding any standing order or usual practice of the House, Bill C-7, an act respecting the selection of senators and amending the Constitution Act, 1867 in respect of Senate term limits, be deemed to have been read the second time and referred to a committee of the whole, deemed considered in committee of the whole, deemed reported without amendment, deemed concurred in at report stage and deemed read the third time and passed.

Unanimous consent for this would show that they really do care about Senate reform.

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I welcome the implicit offer of assistance from the House Leader of the Official Opposition.

I look forward to discussions with him later on the possibility of moving forward both Senate reform and Bill C-12 on a unanimous consent basis straight to committee. I would be happy to do that with him.

This afternoon we will continue debating the Liberal opposition day motion. Tomorrow we will hopefully finish second reading of Bill C-48, the Technical Tax Amendments Act, 2012, a measure supported by all three parties. After that we will turn to third reading of Bill C-42, the Enhancing Royal Canadian Mounted Police Accountability Act; third reading of Bill S-7, the Combating Terrorism Act; and second reading of Bill S-12, the Incorporation by Reference in Regulations Act.

When we return from our constituency week on Monday, February 25, we will start second reading of Bill C-55, the Response to the Supreme Court of Canada Decision in R. v. Tse Act. This bill needs to be passed by mid-April before the Supreme Court ruling takes effect, which would render the important powers available to police ineffective.

After Bill C-55, we will consider Friday's unfinished business.

Tuesday, February 26, shall be the fifth allotted day, which will go to the Official Opposition, and it will therefore choose the subject of debate.

On Wednesday and Thursday, we will continue debating the bills I have already listed.

Additionally, Bill C-47, Northern Jobs and Growth Act, was reported back from committee yesterday, and I anticipate Bill S-9, Nuclear Terrorism Act, will be reported back soon. So we could also call these bills at report stage and third reading, if we have extra time next week.

Finally, on Friday, March 1, the House will start the second reading debate on Bill C-54, Not Criminally Responsible Reform Act. The Prime Minister announced this bill last week as part of our efforts to ensure we have a justice system that puts the rights of victims first.

Aboriginal Affairs and Northern Development

[Chris Warkentin, Conservative, Peace River, AB]

Mr. Speaker, I rise today to present, in both official languages, the 5th report of the Standing Committee on Aboriginal Affairs and Northern Development in relation 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.

The committee has studied this bill and has decided to report this back to the House without amendment.

[Dennis Bevington, NDP, Western Arctic, NT]

Yes. I move that Bill C-47, in clause 1, be amended by replacing lines 4 and 5 on page 1 with the following:

This Act may be cited as the Implementation of Northern Land Claim Agreements Act.

[Dennis Bevington, NDP, Western Arctic, NT]

Mr. Chair, I move that Bill C-47, in clause 11, be amended by adding after line 17 on page 158 the following:

83.1 Where the Board issues an order following a hearing under this Act, the Board may require any individual, entity, organization or government that was a party to the hearing to provide security in the manner and amount specified by the Board for the purpose of ensuring compliance with the terms of the order.

[Dennis Bevington, NDP, Western Arctic, NT]

Mr. Chair, I move that Bill C-47, in clause 11, be amended by adding after line 8 on page 158 the following:

82.1 For greater certainty, the Board may specify in an access order made under this Act that access to particular lands or waters must only take place (a) by air; (b) by means of specified air corridors; and (c) during certain specified times of the year.

This was asked for as an amendment by northerners. This is understanding the nature of access in the north. It's a “may” clause, so it doesn't bind the board to any particular action. What it does is it gives it the authority to lay out very specific conditions.

The government has argued that these are in there as well, but this, for greater certainty, outlines it in the bill. This means there will be situations where the only access that will be granted will be in a certain fashion. That means that issues of economics will not prevail over issues of environment, or when it comes to determining the method of access.

That's the nature of this amendment. It's not one that will make or break this, but it's certainly one that was asked for.

[Dennis Bevington, NDP, Western Arctic, NT]

Mr. Chair, I move that Bill C-47, in clause 11, be amended by adding after line 8 on page 158 the following:

82.1 Despite any other provision of this Act, the Board may refuse to grant any application for access under this Act.

What this—

[Dennis Bevington, NDP, Western Arctic, NT]

I move that Bill C-47, in clause 11, be amended by adding after line 16 on page 129 the following:

( 1.1) The Board does not have jurisdiction in respect of any lands that are within a municipality.

[Dennis Bevington, NDP, Western Arctic, NT]

Mr. Chair, I move that Bill C-47, in clause 11, be amended by adding after line 16 on page 129 the following:

(1.1) The Board does not have jurisdiction in respect of any lands that are subject to a withdrawal order made under paragraph 23(a) of the Territorial Lands Act or under any other applicable legislation.