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 / 1:20 p.m.
See context

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 / 1:15 p.m.
See context

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 / 12:55 p.m.
See context

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 / 12:05 p.m.
See context

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.

Business of the HouseOral Questions

November 22nd, 2012 / 3:10 p.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, it is true that we have experienced some disruptions yesterday and today as a result of efforts by the Liberal Party to disrupt our agenda. I was puzzled as to why it was happening right now at this time. However, a news story just broke, which gave me some insight into it, where the young member for Papineau said that:

Canada isn't doing well right now because it's Albertans who control our community and socio-democratic agenda. It doesn't work....

When he was asked if Canada would be better served if Quebeckers were in charge rather than Albertans, he said:

I'm a Liberal, so of course I think so.... Certainly when we look at the great prime ministers of the 20th century, those that really stood the test of time, they were MPs from Quebec... This country--Canada--it belongs to us.

Obviously, the Liberals do not want to see the Conservatives governing, advancing our agenda or advancing our budgetary agenda. Therefore, I think that answers the NDP House leader's question as to why we are facing these delays right now in the House. However, we will carry on, Albertans and all, and the rest of the country, with Conservatives from coast to coast in this government trying to advance the agenda that Canadians believe in.

We will resume the second reading debate on Bill S-2, the family homes on reserves and matrimonial interests or rights act, this afternoon. Tomorrow we will conclude report stage of Bill C-27, the first nations financial transparency act, and third reading will take place on Tuesday. We will start second reading debate of Bill C-47, the northern jobs and growth act, on Monday and the debate will continue on Wednesday.

The finance committee is working very hard to go through Bill C-45, the jobs and growth act. I commend them for their efforts. Our budget implementation legislation contains important measures, such as extending the hiring credit for small businesses, expanding tax relief for investment and clean energy, helping Canadians save for retirement with pooled registered pension plans and improving the registered disability savings plan.

However, I do confess that it does not include the NDP's carbon tax or its proposal for a 1% GST increase. Perhaps that is why its members are opposing it. In any event, we hope to start report stage consideration of Bill C-45 on Thursday, if at some point the Liberals give up on their disruptive delay objective and agree to allow someone other than the member for Papineau to have some say in running the country.

Northern Jobs and Growth ActRoutine Proceedings

November 6th, 2012 / 10:05 a.m.
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Conservative

John Duncan Conservative Vancouver Island North, BC