Bill C-47 (Historical)

Miscellaneous Statute Law Amendment Act, 2014

An Act to correct certain anomalies, inconsistencies and errors and to deal with other matters of a non-controversial and uncomplicated nature in the Statutes of Canada and to repeal certain provisions that have expired, lapsed or otherwise ceased to have effect

This enactment is the 11th in a series of bills introduced under the Miscellaneous Statute Law Amendment (MSLA) Program. It amends 80 Acts to correct grammatical, spelling, terminological, typographical and cross-referencing errors, update archaic wording and correct discrepancies between the two language versions. It also updates the names of certain provinces and territories. For example, “Newfoundland and Labrador” replaces “Newfoundland” in several amendments to take into account the 2001 constitutional amendment that changed the name of that province. Other amendments correct the names of courts in certain provinces to reflect changes resulting from the reorganization of the courts in question. Finally, some amendments repeal legislative provisions that no longer have any application, for example provisions relating to veterans of the South African War (1899-1902).
This enactment has been drafted based on the Eighth Report of the Standing Committee on Justice and Human Rights tabled in the House of Commons on November 24, 2014 and the Nineteenth Report of the Standing Senate Committee on Legal and Constitutional Affairs tabled in the Senate on November 27, 2014.
Background and Process
The MSLA Program was established in 1975 to allow for minor non-controversial amendments to be made to a number of federal statutes at once, in one bill, instead of making such amendments incrementally when a particular statute is being opened for amendments of a more substantial nature.
The legislative process for introducing a MSLA bill in Parliament is different from the usual legislative process and involves four main steps: the preparation of a document containing the proposed amendments; the tabling of that document in Parliament and its review by a committee of each House; the preparation of a MSLA bill, based on the committees’ reports, that contains the proposed amendments that were approved by both committees and finally, the introduction of the bill in Parliament.
The proposed amendments must meet all of the following criteria:
(a) not be controversial;
(b) not involve the spending of public funds;
(c) not prejudicially affect the rights of persons;
(d) not create a new offence or subject a new class of persons to an existing offence.
The document containing the proposed amendments is tabled in the Senate and referred to its Standing Committee on Legal and Constitutional Affairs and in the House of Commons and referred to its Standing Committee on Justice and Human Rights. Each committee reviews the proposed amendments in the document, prepares a report of its findings and presents it to the appropriate House.
Perhaps the most important feature of committee review is that, since a proposed amendment must not be controversial, its approval requires the consensus of the committee. Therefore, if a single member of a committee objects for any reason to a proposed amendment, that proposed amendment will not be included in the MSLA bill.
After committee review, a MSLA bill is drafted based on the reports of the two committees and contains the proposed amendments that were approved by both committees. Once the bill is introduced in Parliament, it is subject to the ordinary enactment procedures; however, the bill usually receives three readings in each House without debate since the amendments contained in the bill have already been considered and approved by committees of both Houses.

Motions in Amendment

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Mr. Speaker, I appreciate the time I have been given today as we speak about this very important issue. I am not from the north; I am from Newfoundland and Labrador, but I proudly stand here to discuss this particular bill simply because it is very important to people in a land that is so vast and so rich in natural resources. There is a lot to talk about indeed, and it is a very important part of who we are as Canadians.

I am pleased to have an opportunity to speak to S-6, an act to amend the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Nunavut Surface Rights Tribunal Act.

This particular piece of legislation is the third in a suite of bills aimed at improving the regulatory regime in Canada's northern territories. Unfortunately, like most legislation the government introduces, the bill is being rammed through the House with only a limited debate. It was brought in without proper consultation with local communities and first nations, as has been discussed here in the past and certainly since debate started about 35 minutes ago.

There is a growing feeling in the north that the changes being imposed by the Conservatives through Bill S-6 will endanger the independence and effectiveness of environmental assessments and that it will eventually end up before the courts.

The objective of Bill S-6 is to update the regulatory regime in Yukon and Nunavut and align it with other regulatory regimes throughout Canada.

Among other things, this legislation would introduce legislated time limits for environmental assessments. It would provide the Minister of Aboriginal Affairs and Northern Development with the authority to give binding policy directions to the Yukon Environmental and Socio-economic Assessment Board. It would also allow the delegation of any of the minister's powers, duties, and functions to the territorial minister by way of devolution; enable the government to develop cost-recovery regulatory measures; and reduce regulatory burdens by clarifying that a project need not undergo another assessment when a project authorization is to be renewed or amended, unless there is a significant change in the project. It would also introduce time limits for water licence reviews and allow for life-of-project water licences. It would also require the Nunavut Water Board to take into consideration agreements between Canada, regional Inuit associations, and proponents regarding posting of security to address the issue of over-bonding when more than one regulatory agency requires financial security for the same project.

Unlike Bill C-47 and Bill C-15, the two other bills aimed at improving the regulatory regime in Canada's northern territories, this legislation was introduced in the Senate on June 3, 2014, by Yukon Senator Dan Lang.

Some media reports indicate this particular piece of legislation may become a major issue in the next election, and some pundits question why the member of Parliament for Yukon was not the bill's sponsor. I am sure that over the next four or five months, he will have plenty of opportunity to answer that question and explain why the legislation was not amended when flaws were exposed and why there were no proper consultations with first nations, as many of my colleagues alluded to earlier in this debate.

Unfortunately, one of the strongest criticisms of Bill S-6 was on the absence of any meaningful consultation. For instance, the Council of Yukon First Nations, which represents eleven self-governing first nations, has made it clear that the Conservative government's consultations for the bill were not adequate to merit its support.

That is no surprise, as this particular government has a history of pushing through unwelcome changes in the territories.

For instance, with Bill C-15 the Conservatives passed the Northwest Territories Devolution Act. While devolution was started under a Liberal government, and we strongly supported that process, the much larger second part of the bill included the introduction of the Mackenzie Valley Resource Management Act, which shortened assessment timelines, reduced the role of first nations, and made it easier to approve projects that lacked local support. That was certainly a shame to many of the stakeholders involved and a shame to us here in this House.

The proposed changes in Bill S-6, which we debate today, follow this path of a top-down, Ottawa-centred approach to dealing with the territories. That is the opposite of how Liberals approach northern development.

The Liberal Party of Canada believes that a sustainably developed resource sector is essential to the success of our economy and, if we get it right, will serve as an important foundation for future economic growth and job creation for middle-class Canadians. Our party supports developing resources in the north in a sustainable manner.

Unlike the Conservatives, we recognize that unlocking this economic engine is contingent on environmental sustainability and on impacted aboriginal communities being treated as equal partners. That approach has not been followed in this case. Many people in Yukon and Nunavut believe that Bill S-6 would have a negative impact on their lives and their communities, and they are upset with what the government is trying to pass off as what it considers to be meaningful consultation.

Here is what Grand Chief Ruth Massie of the Council of Yukon First Nations told the committee when it held hearings on the legislation in the north. She said:

The federal government's approach on Bill S-6 is a roadblock to reconciliation. Participants in mining, tourism, and other industries are concerned about how Bill S-6 might adversely affect the future for resource development in Yukon.

Grand Chief Massie went on to say that all eleven self-governing nations on the council unanimously oppose four provisions in the legislation. She said:

We oppose giving the minister full power to issue binding policy direction to the YESAB as proposed in clause 34 of Bill S-6....

On timelines, we oppose the establishment of beginning-to-end timelines for assessments conducted under YESAA.

On exemption from assessment for project renewals and amendments, we oppose the proposed exemption from assessment for renewals and amendments of licences and permits as proposed in clause 14 of Bill S-6.

Clearly there are issues with this legislation and clearly it is not just first nations communities that are concerned. Allison Rippin Armstrong, vice-president of lands and environment at Kaminak Gold Corporation, is worried that Bill S-6 may put a chill on investment in the north. Kaminak, a Canadian exploration company that has owned and explored mineral properties in all three territories, wants an accessible and stable regulatory regime. However, Ms. Rippin Armstrong told the committee that her company is worried that the process through which YESAA would be amended is creating increased distrust and the potential for legal action.

Here is her testimony. She said:

Kaminak is very concerned about this development, because court cases create assessment and regulatory uncertainty in addition to extraordinary delay, all of which erodes investor confidence.

She went on to tell the committee once again that:

Our Coffee gold project has yet to enter the YESAA process. If Bill S-6 is passed and challenged in court, the Coffee gold project and our presence in Yukon is uncertain. Kaminak urges the federal government to resume discussions with the first nations to work collectively toward reaching consensus on the proposed amendments to YESAA and avoid a court challenge.

That is good advice, but it went unheard. Why is the Conservative government not listening to what it is being told and fixing the flaws in this bill? It is obvious that members on the opposite side believe they can unilaterally impose the government's will on the north.

As my colleague from Labrador said when she spoke on Bill S-6, history has already demonstrated that resource development can be environmentally conscious, while also finding trilateral support among aboriginal governments, territorial and federal governments, and the local communities. This, indeed, is the only way to move forward with resource development. It is not just a moral obligation; it is, truly, a legal one.

The member for Labrador was correct when she said:

Unfortunately, despite spending years of working with Yukon first nations on a comprehensive review of the Yukon Environmental and Socio-economic Assessment Act, the federal government blindsided them earlier this year with a number of key changes that are contained in this bill and were not discussed throughout the process.

If the Conservative government persists in ramming these changes through, many observers believe that they will only create more local uncertainty and jeopardize development of the north.

Samson Hartland, the executive director of the Yukon Chamber of Mines, noted his organization enjoys a positive, constructive relationship. He told the committee that the chamber's 400 members want all levels of government to move toward a more respectful dialogue.

We must return to the original, respectful, and collaborative partnership with all aboriginal communities, including recognition of their inherent and treaty rights.

[Mark Strahl, Conservative, Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development]

Mr. Speaker, since 2006, our government has been pursuing the most ambitious northern agenda in the history of this country. From promoting prosperity and development through Bill C-47, the Northern Jobs and Growth Act, to devolving powers to the Government of the Northwest Territories through Bill C-15, the Northwest Territories Devolution Act, to the vision and implementation of the Canadian High Arctic research station, no other government in Canadian history has done more than ours to increase health, prosperity and economic development in the north.

The initiative before the House today, the Yukon and Nunavut regulatory improvement act, or Bill S-6, would represent yet another key deliverable of our government's northern strategy and would be the final legislative step in our government's action plan to improve northern regulatory regimes.

In total, our government has created or amended eight different pieces of legislation in order to ensure that northern regulatory regimes across the north are nimble and responsive to the increased economic activity taking place across the north. This is no small feat. These legislative changes will allow Canada's north to compete for investment in an increasingly global marketplace which, in turn, will lead to jobs, growth and long-term prosperity for northerners. Bill S-6 would continue in this vein.

The introduction of beginning-to-end time limits for environmental assessments included in the bill would align the Yukon regime with the time limits in similar acts within the north, as well as south of 60, and would provide predictability and consistency to first nations, municipalities and industry alike.

This is an incredibly important aspect of Bill S-6 and one that would act to drive economic development across the territory. Unfortunately, the NDP wants to remove these time limits. I take particular exception to Motions Nos. 5, 6 and 7, which would cause the portions of the bill related to time limits to be deleted. This would prevent regulatory predictability and actually hinder growth and prosperity in the Yukon.

Some have argued that the time limits would affect the thoroughness of the assessment process. However, as the Yukon Environmental and Socio-economic Assessment Board's own statistics show, the proposed time limits are either consistent with or more favourable than the board's current practice. In addition, Bill S-6 would include provisions to allow for extensions, recognizing that there may be situations when more time is warranted to carry out a function or power.

A different provision in the act, specifically, the proposed amendment to section 49.1 of YESAA, would ensure that, going forward, reassessments would only be required in the event that the project has been significantly changed.

This is another integral piece of Bill S-6 that the opposition would eliminate. That is why I oppose Motion No. 4. The passage of the motion and the elimination of the clause would prevent the elimination of unnecessary delays and red tape in the approval process.

In the past, projects that have already been approved and permitted could be subject to a new environmental assessment simply because of a renewal or a minor change in the project. The amendment would help to streamline the process and reduce unnecessary red tape where it is not warranted.

The amendment would also make it clear that if there is more than one decision body, which could be a federal, territorial or first nations government or agency that regulates and permits the proposed activity, they must consult with one another before determining whether a new assessment is required. Further still, the legislation would specify that in the event of a disagreement, if only one decision body determines that a significant change has occurred, it must be subject to a reassessment. This would also be consistent with the UFA, the Umbrella Final Agreement, which states in section 12.4.1.1 that projects and significant changes to existing projects are subject to the development assessment process.

Another proposed change would be the ability for the Minister of Aboriginal Affairs and Northern Development to provide policy direction to the Yukon Environmental and Socio-economic Assessment Board.

This is another amendment that the opposition would like to remove from the bill. Motion No. 10 would remove the ability of the minister to issue policy direction.

It is important to remember that the ability to provide policy direction is not a heavy-handed attempt by the government to interfere in the assessment process nor does it undermine the neutrality of the board. Quite the contrary, it is intended to ensure a common understanding between the government and the board, helping to reduce uncertainty in environmental assessment decision-making and helping to ensure the proper implementation of the board's powers in fulfilling its role in the assessment process.

Moreover, this power exists in the Northwest Territories where it has only been used four times, and in each case it was used to clearly communicate expectations on how to address first nations' rights or agreements. For example, it was used in order to ensure that notification was provided to both the Manitoba and Saskatchewan Deline regarding licences and permits in a given region.

By supporting this motion, the opposition would actually remove a tool that the minister could use to ensure that aboriginal rights are protected. Perhaps not surprisingly, during our committee study when we were in the Yukon, the NDP member for Algoma—Manitoulin—Kapuskasing said it was paternalistic for the minister to try to protect aboriginal rights through policy direction. The NDP obviously does not want the minister to exercise the duty he has been given to protect aboriginal rights in Canada, calling that paternalistic. It is completely bizarre.

I want to assure members that this power in no way detracts from the board's independence. YESAB will remain an impartial and independent arm's-length entity responsible for making recommendations to decision bodies.

The legislative amendment also makes it clear that policy directions cannot be used to influence a specific project or change the environmental assessment process itself.

It is for these reasons that I oppose the passage of Motion No. 10, and encourage other members to do the same.

Another amendment of concern is the minister's ability to delegate certain powers in the act to a territorial minister. Some have suggested that this amendment is an attempt by this government to shirk its responsibilities to the Yukon first nations and is inconsistent with the tripartite nature of the land claim agreement.

I want to be very clear that these concerns are completely unfounded. First of all, any delegation must be consistent with the UFA. Second, the Umbrella Final Agreement permits delegation. Specifically, the definition of “government” includes both the federal and territorial governments, depending on which government or governments have responsibility from time to time for the matter in question. Section 2.11.8 of the agreement states that “Government may determine, from time to time, how and by whom any power or authority of Government or a Minister set out in a Settlement Agreement...shall be exercised”.

Not least of all, this measure is in keeping with our government's objective of devolving responsibility to the territories and moving decision-making closer to home. That is, away from Ottawa bureaucracy and right into the hands of Yukoners themselves.

This legislation is clearly both needed and wanted north of 60. It satisfies calls to modernize northern regulatory regimes and ensure consistency with other regulatory regimes across the north and in the rest of Canada, while protecting the environment and strengthening northern governance.

For all these reasons, I urge all-party support for this worthy act as it stands, and to reject all of the amendments to Bill S-6 that are before the House today.

[The Acting Speaker, Conservative, Barry Devolin]

Order, please. I have the honour to inform the House that a communication has been received, which is as follows:

Rideau Hall

Ottawa

February 26, 2015

Mr. Speaker,

I have the honour to inform you that Ms. Patricia Jaton, Deputy Secretary to the Governor General, in her capacity as Deputy of the Governor General, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 26th day of February, 2015, at 3:20 p.m.

Yours sincerely,

Stephen Wallace

The bills assented to on Thursday, February 26 are Bill C-47, An Act to correct certain anomalies, inconsistencies and errors and to deal with other matters of a non-controversial and uncomplicated nature in the Statutes of Canada and to repeal certain provisions that have expired, lapsed or otherwise ceased to have effect; and Bill C-22, An Act respecting Canada's offshore oil and gas operations, enacting the Nuclear Liability and Compensation Act, repealing the Nuclear Liability Act and making consequential amendments to other Acts.

Miscellaneous Statute Law Amendment Act, 2014

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

Mr. Speaker, moments ago, the Minister of Justice introduced Bill C-47, the miscellaneous statute amendment act. There have been drafts of this circulating for quite some time. If you seek it, I believe you would find unanimous consent for the following motion:

That, notwithstanding any Standing Order or usual practice of the House, Bill C-47, an act to correct certain anomalies, inconsistencies and errors and to deal with other matters of a non-controversial and uncomplicated nature in the Statutes of Canada and to repeal certain provisions that have expired , lapsed, or otherwise ceased to have effect, be deemed read a 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 the report stage, and deemed read a third time and passed.

[Peter MacKay, Conservative, Minister of Justice]

moved for leave to introduce Bill C-47, An Act to correct certain anomalies, inconsistencies and errors and to deal with other matters of a non-controversial and uncomplicated nature in the Statutes of Canada and to repeal certain provisions that have expired, lapsed or otherwise ceased to have effect.

(Motions deemed adopted, bill read the first time and printed.)