Bill S-6 (Historical)

Yukon and Nunavut Regulatory Improvement Act

An Act to amend the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Nunavut Surface Rights Tribunal Act

Part 1 amends the Yukon Environmental and Socio-economic Assessment Act to provide that the Canadian Environmental Assessment Act, 2012 does not apply in Yukon, to allow for the coordination of reviews of transboundary projects, to establish time limits for environmental assessments and to establish a cost recovery regime. It also amends that Act to provide for binding ministerial policy directions to the Board and the delegation of any of the Minister’s powers, duties and functions to the territorial minister, and allows for a member of the board who is participating in a screening or review to continue to act for that purpose after the expiry of their term or their removal due to a loss of residency in Yukon, until decision documents are issued. In addition, it amends that Act to clarify that a new assessment of a project is not required when an authorization is renewed or amended unless there has been any significant change to the original project.
Part 2 amends the Nunavut Waters and Nunavut Surface Rights Tribunal Act to modify the maximum term of certain licences, to establish time limits with respect to the making of certain decisions, to allow for the making of arrangements relating to security, to establish a cost recovery regime, to modify the offence and penalty regime and to create an administrative monetary penalty scheme.

Yukon Environmental and Socio-Economic Assessment Act

[Anne Minh-Thu Quach, NDP, Salaberry—Suroît, QC]

Madam Speaker, I find it very disappointing that the Conservatives are opposed to Bill C-17, which would allow indigenous communities in Yukon to regain their autonomy and decision-making authority.

When the Conservatives introduced Bill S-6, it was challenged. In fact, it is presently before the courts. The indigenous peoples of Yukon decided, however, to put this challenge on hold while waiting to see whether Bill C-17 would be passed or supported in the House. In fact, they support this bill despite the fact that work remains to be done to ensure that the rights of indigenous peoples are upheld.

It is rather difficult to understand why the Conservatives are opposing this bill when it is what the indigenous peoples of Yukon want. We constantly hear in the House that relations between indigenous and non-indigenous peoples must improve and that there must be a nation-to-nation relationship. The Conservatives oppose this.

We must respect the indigenous peoples. I find it hard to see this respect when the Conservatives are opposing Bill C-17.

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Mr. Speaker, it is my pleasure to rise today to talk about Bill C-17, an act to amend the Yukon Environmental and Socio-economic Assessment Act and to make a consequential amendment to another Act. To be honest, this bill is regressive. It reverses several positive steps taken by the former Conservative government in Bill S-6 in 2015. It is a poorly conceived piece of legislation that, if passed, will gain votes in the southern part of this country at the expense of northern Canada.

on October 3, the Standing Committee on Indigenous and Northern Affairs heard testimony by Mr. Brad Thrall, the president of Alexco Resource Corp. He summed up the problem up best, in stating:

...I'm urging deferral of Bill C-17's passage until all affected and interested parties can deliberate, and mutually determine language to preserve the reassessment and timeline provisions currently within the Yukon Environmental and Socio-economic Assessment Act. Repeal of the reassessment and timeline provisions, as anticipated in Bill C-17, without replacement language ready to go, will perpetuate economic uncertainty, and will negatively impact the competitiveness of Yukon, and will diminish economic and social opportunities for all Yukoners.

Why would we want to pass legislation that would diminish economic and social opportunities, especially in the north? The population of Yukon, according to the last census in 2016, was just under 36,000 people. It is a small jurisdiction. Therefore, we can understand how the benefits and opportunities of one operation can have tremendous benefits for first nations and all Yukon residents in terms of tax dollars, health care, education, employment, and benefit agreements.

The mining industry contributes 20% of Yukon's GDP and Bill C-17 would immediately increase the regulatory burden on project proponents. It would slow down the review process by increasing the number of projects that need to be reviewed and remove the timeline for approval. Mining representatives testified that over the past eight years, the time period required to deem project proposals adequate was increased more than fivefold. Removing the timelines put in by the former Conservative government would damage proponent and industry confidence in the regulatory regime and cause companies to take their investments elsewhere. It is already happening in this country.

The Prospectors & Developers Association told us that it has definitely seen a decline in investment in Canada in the past two years. If members do not believe me, they only need look at what Shell did with the Carmon Creek project in Alberta, an investment of roughly $2 billion. Shell sold its assets in Carmon Creek while going to Europe, citing a more stable investment regime there compared to Canada. This was a major opportunity lost not only for the people of Alberta but the people of Canada and northern Alberta.

Mr. Thrall went on to testify at committee on October 3 as follows:

The current legislation allows proponents of certain projects to apply to the decision body, usually Yukon or first nation governments, under section 49.1, to allow a project to proceed without the need for reassessment. This allows previously assessed projects to proceed to the authorization process without duplication.

As we all know, the reality of mining is that during the process, new ore bodies or extensions to them may be identified. These discoveries may require slight modifications to mine operating plans under the current legislation, but the resulting modifications would generally not require a complete project-wide reassessment.

However, if Bill C-17 is passed, they would, even though there is no significant environmental or socioeconomic impact and no change in the production stream.

Mr. Thrall went on, continuing on October 3:

On the environmental side of our business, we were required to go back through an entire environmental assessment to maintain a water licence to extend the operating period for various water treatment facilities. Ironically, these same facilities were mitigating historic environmental liability, but this simple extension required 134 days of YESAB's time to assess the entire project yet again. Please understand that we firmly support a rigorous environmental assessment process for the Yukon, for new projects and when fundamental changes are made to existing projects. However, small changes to a mine plan or to environmental facilities should not require a “back to square one” assessment. If set back to the previous legislation, uncertainty will prevail, and investment, jobs, benefits, and opportunities for residents and communities will be compromised.

This is just another example of the Liberals making promises without thinking of consequences. The Liberals could have worked to find a solution, addressing everyone's concerns, rather than rushing forward and choosing to handicap Yukon's development for years to come, possibly even decades.

Mr. Jonas Smith, the project manager of Yukon Producers Group, gave compelling testimony to our indigenous affairs committee on October 3 of this year. His focus was on the matters of reassessment. Mr. Smith explained the burden that will be placed on industry, municipalities, and all Yukoners by Bill C-17. He told us:

The absence of a reassessment provision not only negatively affects proponents, but places a strain on the financial and human resources of publicly funded assessors and governments as well.

Another very recent example from a Yukon mine ramping up to production revealed that in these last few months when Bill C-17 has been making its way through Parliament, the company was once again subjected to an expensive, time-consuming, and ultimately unnecessary reassessment. In this case YESAB ultimately determined that reassessment and any further mitigation beyond the original assessment were not required. Yet despite this relatively favourable outcome, the process that led to it still consumed considerable resources from the company and the YESAB assessment office.

He means there were more delays.

It resulted in a missed season of work for the company [up north], where those financial and human resources could have been put to far better use employing citizens of the affected first nation and the community where it operates.

As I mentioned previously, since section 49.1 was enacted in 2015, over 100 projects have applied for exemption from reassessment. These were not only mining proponents, but municipalities as well. The City of Whitehorse, a major employer in our territory's capital, received this determination under section 49.1 for one of its permanent renewals:

“The project has been assessed once by YESAB in 2013. Since that time, the only changes in relation to the project were minor and regulatory in nature. There have been no significant changes to the project and therefore an assessment is not required.”...

It has been suggested, given the number of Yukon's economic sectors that have benefited from this reassessment provision, including industry and municipalities, that removing it before its replacement is in position is like ripping the roof off your house before you've decided what to replace it with and leaving [in this case] Yukoners out in [the cold and] the rain [and the snow] in the process.

Yukon's mining industry is modern, responsible, and innovative. It is a partner at the forefront of research and relationships that balance economic, social, cultural, and environmental values. It and its supporting service and supply companies are our territory's largest private sector employers. It contributes [as I mentioned] 20% to our GDP, a significant number in a small developing jurisdiction [of just under 36,000] otherwise dominated by the public sector.

The mineral industry is committed to working with all orders of government to provide opportunities that allow Yukoners to grow up in the territory, study and train in the territory, and pursue rewarding and well-paying private sector jobs and careers.

In closing, Mr. Smith added at that October 3 meeting:

In conclusion, Madam Chair and committee members, the Yukon Producers Group proposes that a committee of interested and affected government and industry parties be struck to work on replacement for the reassessment and timelines provisions and provide its recommendations for this replacement before Bill C-17 receives royal assent.

If replacement provisions are not in place beforehand, industry, municipalities, and all Yukoners will suffer.

Mr. Burke, the president of the Yukon Chamber of Mines, told us the following on October 3:

I would like to draw your attention to Minister Bennett's commitment in a letter to the Yukon Chamber of Mines dated July 6, 2017, “Once amendments to Bill C-17 have been made, the department is willing to work with Yukon first nations, the Government of Yukon, and stakeholders such as your organization to review these issues in order to identify possible short-term administrative or long-term legislative solutions.”

We appreciate this commitment. However, it is imperative that all orders of government work to undertake and implement solutions to these issues in advance of the passage of Bill C-17 to ensure continuity for all parties involved. The time to start this work is already in the past. Our concerns for the future of our business have been shared with all levels of government. We strongly urge you to begin this work and establish a timeline to report progress on this front.

Mr. Burke went on to tell us the following at that October 3 meeting:

The Yukon Chamber of Mines and our membership support the need for a robust environmental review process. We represent a science-based industry composed of geologists, engineers, tradespeople, and other professional and non-professional occupations, that has made and will continue to make significant investments in reducing the impact our business has on the environment. We do not want to save money at the expense of the environment. That is a myth.

Let me repeat that: “We do not want to save money at the expense of the environment. That is a myth.”

We are at the forefront of reconciliation as we invest in the backyards of Yukon first nations. We are at the forefront of reconciliation as we partner with Yukon first nations and provide economic opportunities where, in many cases, [as we know] few other opportunities exist [in the private sector in this country].

We support the passage of Bill C-17 in order to reconcile with Yukon first nations. We urge the federal government to immediately engage with first nations governments and the Yukon government to find short-term administrative or long-term legislative solutions to the impact of the removal of the reassessments and timelines contained in Bill C-17. The impact of Bill C-17, without addressing these concerns, will have a serious negative impact on investment and mining and exploration projects in the Yukon.

The Yukon Chamber of Mines urges that this work be undertaken to implement solutions to these issues in advance of the passage of Bill C-17 to ensure continuity for all parties involved.

The government has claimed that all stakeholders are 100% behind Bill C-17. That is simply not true. The support was not an unconditional rubber stamp. In fact, the support is contingent on what has been promised by the now Minister of Crown-Indigenous Relations and Northern Affairs. They emphatically told the committee:

The federal and territorial governments must work immediately with first nations governments to address the concerns and risks associated with the removal of the provisions addressing reassessment and timelines from the act.

I will reiterate the commitment the minister made to the Yukon Chamber of Mines when she was there in July. She wrote: “Once amendments to Bill C-17 have been made, the department is willing to work with Yukon first nations, the Government of Yukon, and stakeholders such as your organization to review these issues in order to identify possible short-term administrative or long-term legislative solutions.”

I hope the minister is listening to what stakeholders are telling her. We had three excellent people who came to our meeting on October 3 to address this situation. However, it was back in July that the minister addressed these concerns in Yukon. Now we are into November. The months have passed. All stakeholders, including Yukon first nations, are ready to collaborate to ensure the regulations have something in place to address these major concerns, but the minister's office remains silent, surprisingly. It is imperative that the minister follow through on her commitment that she made in July, and do so very quickly.

Bob McLeod, Premier of Northwest Territories, told the Arctic Circle assembly on October 13, a month ago, that people of the Arctic want what everyone else wants. They want good jobs, they want a good standard of living, they want to be healthy, they want to be educated, and most of all they want a sustainable future for themselves and for their families based on their own vision and their own priorities.

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, I am more excited about the member's speech than any others today, for several reasons. First, the member is absolutely right. I learned The Cremation of Sam McGee in grade 3. It is why I moved to Yukon and became chair of the Yukon Robert Service Society. I thank the member for bringing back those old memories.

The other reason I love the speech so much is the three main points the member made related to the bill. I am assured now that he will vote for the bill, because they were all in favour of Bill C-17. The first was that if it is different, will people invest there? People will certainly invest there because, as I mentioned to the media this morning, there is full employment there, unlike the rest of the country, because people are investing there. If it has a better assessment regime than anywhere else in the country, it will encourage people to invest. In fact, one of the most senior mining executives in Canada said that to me yesterday. At an assessment forum here yesterday, I was talking to someone yesterday about an assessment in another part of the country that in fact included four assessments, whereas this regime has only one assessment.

The other point the member brought up was by the grand chief of the Council of Yukon First Nation, who believes that it would change the distribution of power to a bilateral one not in the spirit of the treaty. All the comments you raised were criticisms of Bill S-6, the previous bill, the one we are changing. It is great that you have raised them, and since all of your points were in favour of this bill and against the previous one, I am delighted that you will be voting for it.

[Alupa Clarke, Conservative, Beauport—Limoilou, QC]

Mr. Speaker, I totally understand the member's reasoning. However, as the NDP member said, we are talking about Yukon, so I think that we should proceed, and that that is a good thing.

I would now like to talk about centralization. A carbon tax was imposed on the provinces without consulting them. As for health transfers, the government imposed conditions that the provinces opposed but were bullied into accepting. This brings me to the central theme of my speech: devolution.

In the 1980s, under Mulroney, and again under the Harper government, we began a positive process of political devolution that focused much more on Yukon than Nunavut or the Northwest Territories. This bill, Bill C-17, not in its entirety but certainly some of its clauses, works against the very devolution that I believe to be good for the people of Yukon. Why? Because it will eliminate the federal minister's ability to transfer ministerial powers, duties, and functions to a territorial government.

I was very proud to learn about this legislation in 1995. I thought it was fantastic that a Conservative government had introduced it. It is a truly Conservative measure because we support decentralization. As is the case with Britain's Conservatives who ceded power to Scotland, which now has a quasi autonomous parliament, western Conservatives support decentralization. We ceded very important powers to the Yukon government over time.

It actually started with a Liberal government. With the advent of responsible government in the Yukon in 1978, political parties were formed for the first time. Under Mulroney in the 1980s and 1990s, there were transfers of very important federal powers. In 1992, at the end of the Mulroney era, the first nations and the government entered into an agreement. Under the Martin government, Yukon was given all the powers that other provinces had, except over criminal prosecutions.

In Yukon, mining is the main industry. Therefore, it is very important for the people and their government to make their own decisions about environmental assessments and the projects they will accept.

For me, the problem with the Liberals' Bill C-17 is this desire to roll back the powers we delegated to the Yukon government to approve or deny proposed mining and resource development projects. This bill is a definite step backwards in terms of devolution.

This is what the member for Rosemont—La Petite-Patrie was just referring to when he said that one government takes one step forward and the next takes one step back. I think that if there is one thing that successive governments should not go back on, it is this type of important policy on territorial devolution. Yukon was one of the territories that benefited the most. In spite of its flaws, Bill S-6, which was passed in 2015, did a lot for devolution.

In short, it is a shame. That is pretty much all I wanted to say today. In closing, I would like to add that my colleague takes the prize for hardest-working MP. He is a very brave and courageous man, because taking the plane every week as he does must be gruelling.

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, I am delighted to be here today.

I am pleased to speak to Bill C-17 at third reading. I speak from the traditional territory of the Algonquin Anishinabe.

In 10 words or less, today is all about Bill C-17 removing four clauses illegally put into law. We are all legislators here, and we should be the first to unanimously agree to pass the bill for that reason. That is why, as the minister said, the Yukon legislature was unanimous in passing the bill, including the Yukon Party, which is the Conservatives. I should in theory be able to sit down now and we would vote unanimously to pass the bill, as the Yukon legislature did.

I would like to thank every member in the House today for their thoughtful debate and co-operation in going through report stage very quickly.

I would like to tell a story to give a sense of the feeling behind all of this. People at home can participate in this exercise too. Think about someone who retired and decided he wanted to get into business with a couple of partners or friends of his. They all got together, spent a couple of years working really hard to get a business set up, perhaps a resort in a wealthy country. He would sit and have piña coladas and enjoy himself. His kids were going to high class school. He mortgaged his house. Everything was on the line. It was pretty important to his family and their lives. Then one day when he went to work, he saw a sold sign. One or two of his other partners had sold his dream business, his life savings, and put it into a factory in a third world country with millions of people, in a dangerous slum, where he would have to try to get his kids into school. How would he feel under those circumstances? Obviously he would be very angry. He would feel betrayed. He would be apoplectic. Under those circumstances, what type of relationship would he have with those two partners? Would he ever do business with them again? He could never imagine that.

In the case we are talking about here, the three partners are the federal government, the Yukon government, and the first nations government. They cannot just walk away. From now onward, indeed forever, they have to work together on things for their people. Imagine the great rebuilding of trust that would have to be done with those partners because of this situation.

How did we get here? As the minister said, after 20 years, not just the two years in the scenario we set up, the modern treaty or UFA was signed. It is constitutionally protected, so even we in the House cannot change it. It prescribed that YESAA would be created for assessments in Yukon. That took 10 years and was approved in 2003.

Imagine, as in the case I just talked about, after negotiating for 30 years, all of a sudden one or two of the partners added four significant clauses without negotiation. This is what happened. The four clauses are probably illegal, if not technically, then in the spirit of the law or the honour of the crown. Anything done illegally, regardless of the content, whether good or bad, had to be undone and cancelled. That is basically the end of the story today.

Normally, for that reason, I refuse to talk about any of the content of those four items. Nevertheless, because I have four minutes left, there were some concerns raised that I might try to alleviate a bit. The minister and the opposition have already mentioned the reaching out that has been done. The process will start right away to deal with timelines and reassessments.

I thank the mining association and the mining companies, because in the years when the government was not really following the honour of the crown, individual mining companies made partners with first nations. The chamber of mines worked with the Council of Yukon First Nations and took a great leadership role, so kudos to the mining industry.

In the second reading debate on April 10, 2017, members commented about the removal of time limits. They said that the Liberals were taking out time limits, that we wanted to remove all time limits, that we put time limits on the review process, that we removed timelines, that time limits do matter, that we eliminated timelines, that we would repeal the time limits, that we would remove the time limits. One would think that people watching this and hearing all those comments would think there were no timelines, but timelines were put into the bill when it was established.

In 2003, the bill explained how timelines were created through the rules of the board. They were gazetted and have been in place ever since. My understanding is that they have not changed in all those years. Since the first project was approved in 2005, the timelines have been there and are still working. The opposition said in the second reading debate that it was important to leave decisions in the hands of Yukoners, and that is exactly what this bill would do, because those timelines are created by Yukoners. I am sure that the opposition would rather have people in their ridings setting deadlines for important things as opposed to the government setting them in Ottawa.

Those timelines compare favourably with those in other jurisdictions. Some of the projects take half the time of British Columbia assessments. The timelines have not been lengthened in recent years. There are two categories of projects. For a district office, the average is only 70 days, and for small projects they are considerably shorter. The timeline put in Bill S-6 is 270 days. That is far longer than those projects' timelines. On the executive committee, the other category, the very serious projects, of which there have been only seven, the fault was in the other direction. There was just not enough time put in. What has happened is that first nations have not been able to do the appropriate analysis, nor have the territorial or federal technicians in various departments.

What happens if there is an assessment without the appropriate input or analysis? Two things probably happen. First, for purposes of integrity, the project is rejected. The mining industry or developers would not want that. Second, a chance could be taken and it could be approved, but it could be challenged, especially by first nations, because there are requirements in YESAA for their input.

The final point I would like to make is on reassessments. I have 10 quotes, but I will not read them. There are two things I will say in the limited time I have. First, technically there are no reassessments. If something is exactly the same, section 40 of the act does not allow a reassessment. In fact, what has happened in reality is that when a project comes up, quite often, on the ground, the decision body will say that it is exactly the same, that it is just renewing a licence and it will not go ahead. A lot of the 100 projects the opposition member quite rightly brought up would not be reassessed under the present system, so there would not be 100.

The second thing that happened in that five-year review is that one of the policies changed and they have gone to temporal scoping, which is a good thing. That means that instead of scoping like they used to according to the licence and causing the reassessments that were of concern, they can scope a lot longer in the life of the project, resulting in far fewer reassessments.

For all of those reason and reassurances, I would like to go back to what I said at the beginning. We have to remove four improper clauses. I hope we can do that quickly, because it will bring back certainty for the mining industry, developers, and first nations and, hopefully, start to rebuild the partnership that is so important for any development in Yukon.

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

Mr. Speaker, today we begin third reading debate on Bill C-17, an act to amend the Yukon Environmental and Socio-economic Assessment Act, or YESAA.

I want to acknowledge that we are gathered on traditional Algonquin territory.

We know that a sustainably developed resource sector is essential to the economic success of Yukon. A prosperous resource sector will serve as an important foundation for Yukon's future economic and job growth.

Yukoners have also made it clear that unlocking this economic potential must be contingent on environmental sustainability and on impacted indigenous communities being engaged as equal partners. They understand that this is not only essential to support reconciliation, but a legal obligation as well.

This is even more significant in regions like the Yukon, which are subject to comprehensive land claim agreements and self-government agreements. The original 2003 YESAA stems from the umbrella final agreement between Canada, Yukon first nations, and the Government of Yukon, which required a five-year review of the YESAA. This was carried out by the previous government and resulted in a number of mutually agreed upon recommendations.

Bill S-6, the Yukon and Nunavut Regulatory Improvement Act, was introduced in the Senate in June 2014 and received royal assent in June 2015.

A large part of the bill implemented the consensus provisions based on the recommendations from the five-year review.

Unfortunately, despite spending years working with Yukon first nations on the comprehensive review, the previous government added four further controversial changes outside that process and pushed them through absent meaningful consultation. As members are now aware, these controversial changes included legislated time limits on the review process; exempting a project from reassessment when a authorization was renewed or amended, unless there had been a significant change to the project; the ability for the federal minister to provide binding policy direction to the Yukon environmental assessment board; and the ability to delegate the federal minister's powers, duties, or functions under the act to the territorial government.

This disregard for meaningful consultation reflected the previous government's unfortunate and misguided paternalistic approach regarding indigenous people in Canada. Rather than working in partnership with indigenous communities to find common ground and mutually beneficial solutions to issues, it forced indigenous peoples to resort to the courts to assert their rights. This not only led to unnecessary costs for all parties, but often caused unnecessary delay, legal uncertainty, and undermined reconciliation.

It also positioned the federal government to lose court case after court case.

In response to the passage of these four contentious provisions, three Yukon first nations launched a court challenge in the fall of 2015. The court petition claimed that the amendments were in violation of the Yukon umbrella final agreement and that there was inadequate consultation. Despite their court action, Yukon first nations entered into subsequent discussions with the governments of Yukon and Canada about how to resolve this situation outside of court. These discussions led to the signing of a memorandum of understanding in April 2016, which clearly outlines the steps required to resolve the first nations' concerns with Bill S-6.

As a direct result of that collaborative process, the Yukon first nations pursuing legal action have adjourned their hearing dates while this bill proceeds.

This bill would re-establish trust with Yukon first nations and restore legal certainty for responsible resource development. It would also remove a key impediment to increased investment, development, and jobs in Yukon.

The vast majority of Yukoners support this bill.

In fact, a unanimous motion supporting Bill C-17 was passed by the Yukon legislature last spring. In addition, the Council of Yukon First Nations, Yukon government, and the Yukon Chamber of Mines issued a joint letter last March, urging the passage of Bill C-17, without change, as soon as possible.

The letter also stated that they looked forward passing the bill so, “the Yukon economy can benefit from the certainty established by the final and self-government agreements in Yukon.” My office spoke with the Yukon Chamber of Mines earlier this week and it confirmed its support for passing the bill on an expedited basis, with the understanding that issues, including reassessments and reasonable timelines, would be dealt with through other policy mechanisms shortly thereafter.

First nations and the Governments of Canada and Yukon agree that issues, including reassessments of projects and reasonable time limits for assessments, require a strong policy framework. Canada, Yukon, self-governing Yukon first nations, industry, and the board are all committed to working in collaboration through the regulatory process to establish practical timelines for the assessment processes and clear and sensible rules for when reassessments may be required.

The Conservative opposition told the committee that the bill should be set aside not just until the process moved forward, but until it was finalized.

The members claim that this is in response to concerns expressed by some industry representatives about delays in moving forward with the regulatory discussions I referenced above. Yukon first nations have been clear. Passing Bill C-17 is an important show of good faith and a first step in moving forward with these important discussions.

It is disingenuous of the Conservatives to cite delays they caused by filibustering this bill last spring as justification for further delaying moving the legislation forward and the subsequent needed regulatory discussions. By trying to further delay, or even derail the bill, the Conservatives risk driving this matter back into litigation and undermining the very certainty for industry for which they claim to be advocating.

Bill C-17 clearly demonstrates our intent to work closely with all partners, including Yukon first nations, the Yukon industry, and the Yukon government, to re-establish trust with Yukon first nations and restore legal certainty for responsible resource development.

I hope all members will support this bill.

[Shannon Stubbs, Conservative, Lakeland, AB]

Mr. Speaker, I am speaking against the proposed amendments for Bill C-17, an act to amend the Yukon Environmental and Socio-economic Assessment Act.

The bill seeks to reverse progress in Yukon's economic and natural resources development. For years, northerners have built and relied on their increasingly thriving economy, unlocking the opportunity and prosperity of their natural resources. From mining, to hunting, to tourism, Canada's northern territories are an important and strategic asset to Canada's future.

The YESAA became law in 2003. The goal of that original bill was to develop a single development assessment process for projects on all federal, territorial, and first nations land in Yukon. Part of the legislation included a mandatory review after five years of becoming law. The review was a joint initiative of the Council of Yukon First Nations and the Governments of Canada and Yukon, and was completed successfully in March 2012. These changes were formally introduced in Bill S-6 in 2014, which intended to make northern regulatory regimes more consistent with those in the south in order to attract investment and expand economic opportunities now and for future generations.

The bill, which was called the Yukon and Nunavut Regulatory Improvement Act, amended both YESAA and the Nunavut Waters and Nunavut Surface Rights Tribunal Act, and was part of a broader suite of reforms intended to give northerners greater control over their resources and to help promote resource development and economic growth.

The changes to Nunavut's regulatory regime have not been controversial. Bill S-6 reflected many of the jointly agreed upon findings for the five-year review of YESAA, but also reflected changes to regulatory regimes in the rest of Canada, as well as input from Yukon's government.

Bill C-17 proposes to repeal many of the changes enabled by Bill S-6. These include removing time limits on the steps in the review process, removing an exemption for projects that have already been approved through the assessment process, removing the ability for the federal minister to provide binding policy direction to the board, and removing the ability to delegate the federal minister's powers, duties, or functions under the act to the territorial government.

At its core, the bill would make natural resources development much more difficult in Yukon for project proponents and investors. It would slow down the review process by increasing the number of projects that need to be reviewed and by removing timelines for approval. It would also damage industry and investment confidence in the regulatory regime. It is a step backward for the self-determination of Yukoners, because it takes away northern control over northern resources and puts it in the hands of federal ministers and of MPs from large, southern urban centres. Northerners know their needs and capabilities best and they should be equipped and empowered to make decisions for themselves.

However, Canadians should not be surprised. The Liberals have shown their cards, sometimes on purpose, sometimes accidentally, that prove they are fundamentally anti-Canadian energy and anti-Canadian resource development. The bill is another part of their plan to dismantle Canada's successful natural resources development.

Bill C-17 brings more uncertainty to the resource development review process that will undermine economic opportunities for all Yukoners. It also introduces new uncertainty for the rest of Canada about whether it is a template for the basis of Liberal policy going forward.

I had the amazing opportunity to visit Yukon last summer. Of course, the landscapes are breathtaking, the resources vast, and the people are friendly. However, what stood out to me was an almost universal and distinct, independent, pioneering, adventurous spirit, and a deep appreciation and abiding love for their land. It is the same can-do streak of Canadian miners.

The most important sector of Yukon's economy is mining. The territory is extremely rich in mineral potential. The main resources mined are gold, which in 2011 accounted for 70% of metal mining, copper, zinc, lead, tungsten, silver, and coal.

Yukon has some of the largest iron ore and zinc deposits in the world. There are over 80 mineral resource deposits there with enormous economic potential. Last year, more than $300 million was spent on exploration and mineral production soared above $400 million, from just $46 million in 2006, according to the Yukon Chamber of Mines.

The mining sector in Yukon is very successful, but it has challenges. Difficult access and rugged terrain of the territory make it difficult to access many of these deposits. That is where the federal government can assist, by investing in infrastructure and making it easier for developers to access resources across the territory, given all of the challenges.

Bill C-17 would not make any of this easier. In fact, it would make mining more difficult for many families who have been in the industry for generations.

Last fall, the Standing Committee on Natural Resources heard from several witnesses during a study on the future of the mining sector in Canada. Mike McDougall is the president of the Klondike Placer Miners' Association. He came to Ottawa representing the 160 family-owned and operated placer mines in Yukon. I would like to share his thoughts on Bill C-17. He said:

YESAA defines much of how the placer industry's operations are assessed for impacts and how these impacts are mitigated. Placer mining is the single-largest client of the Yukon Environmental and Socio-economic Assessment Board...

Issues such as costly and time-consuming reassessments for unchanged projects, inconsistency and lack of accountability between designated offices, and a lack of clear timelines all leave our industry with uncertainty. The amendments were meant to bring YESAA into line with the other Canadian jurisdictions, provide certainty for investment, and allow the Yukon to be competitive. As the government is now prepared to amend this legislation once again, we would like to see these issues addressed in the amended bill.

The federal government has heard the concerns of the first nations. As the number one client and end-user of the YESAA process, the KPMA expects that government will engage with us prior to finalizing any amendments.

Mr. McDougall's testimony highlights how uncertainty and ongoing regulatory changes and challenges will hinder their ability to fully engage in northern development, which should be a serious concern to the Liberals, since mining is the most important part of Yukon's economy. Putting up more roadblocks and adding more red tape is not the answer. Bill C-17 adds a barrier for investment as companies would be uncertain as to when a decision will be made.

Furthermore, the bill would immediately increase the regulatory burden and major costs for proponents, which would impact many working Yukoners and their families, since mining is a major employer in the territory. The bill would worsen the economic situation in the north by putting thousands out of work.

The Liberals claim consultation as a cornerstone of their platform, and they consistently refer to it as an important part of their legislative process, but in this case stakeholders such as the KPMA, which would be impacted significantly, were not consulted before the changes presented in Bill C-17 were hastily introduced last spring.

The Liberals' Ottawa-centric agenda is not working, and worse yet, they are not listening to those who are and will be worse off because of it. Their promise to simply repeal the controversial sections of Bill S-6 is yet another example of how they made promises during the election campaign without considering the consequences. Now they put Yukon at a competitive disadvantage with the rest of Canada for attracting private investment.

Their regulatory changes are not the only ways they are harming the north, though. The Liberals' carbon tax burdens northerners, their businesses, and their families more than any other region in the entire country. People in northern territories are already required to pay more in fuel and transportation expenses just to sustain the basic necessities of life and to get essentials to their communities. The carbon tax will victimize people who rely on these services.

The Prime Minister said his plan will be good for the economy, good for innovation, and good for jobs, but it is just not true. His carbon tax will cripple industry, hinder the economy, and drive up the cost of living for northerners. It will also mean northerners will pay more for food that is already more than four times more expensive than the costs elsewhere, along with other essential goods and products. Electricity will become unaffordable to communities that do not have any other source but diesel. In the north, the carbon tax is really a tax on living. In a place where home heating and travelling long distances is part of life, northerners cannot afford it, particularly when legislation like Bill C-17 forces further barriers to their most important economic driver, Canada's world-class mining sector.

Whether it is higher taxes, more red tape, or ongoing uncertainty, the Liberals make it clear that developing Canada's natural resources will be more difficult than ever before, everywhere. At a time when technology, research and development, and innovation are at an all-time high, the Liberals are attacking the very people who are ensuring the long-term and sustainable development of natural resources in Canada.

The bill would not help Yukon, a territory rich in natural beauty, natural resources, and irrepressible human capital. The Liberals are limiting opportunities for future generations and are just adding challenges to the north. The Liberals need to do what they have pledged all along. They need to listen.

That is why I oppose these amendments.

Mr. Speaker, there have been consultations and I believe if you seek it you will find unanimous consent for the following motion. I move:

That, notwithstanding any Standing Order or usual practices of the House, the sub-amendment and the amendment to the second reading motion of Bill C-17, An Act to amend the Yukon Environmental and Socio-economic Assessment Act and to make a consequential amendment to another Act, respectively standing in the name of the Member for Dauphin—Swan River—Neepawa and the Member for Fort McMurray—Cold Lake, be deemed negatived on division.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, it is my great privilege to rise today to speak to Bill C-17, a bill that would change significant amounts of a bill that was passed in the previous parliament, Bill S-6.

It is with some reluctance that I stand up today. I am quite concerned about the direction the current government is going. In particular, I am convinced that the government is certain that it does not want resource development to happen in this country. However, the Liberals are not willing to come out and directly say that. No, they are going to ensure resource development does not happen in this country in much the same way as they did when they said that they approved pipelines to the coast. They said, “We approved pipelines to the coast”, but they have no interest in those pipelines actually getting built.

I am going to be sharing my time with the member for Lakeland.

I sit on the northern and aboriginal affairs committee. I represent 14 first nations or Métis communities in my riding in northern Alberta. The north is where I come from. I always say to the people from Thunder Bay that if it is not still light at 11:30, they are really not in the north yet. They have to go where there is pretty much 24 hours of sunlight to understand what the north is all about.

However, it does give me some perspective for sure. Yukon is within sight, I like to say. I can nearly spit from my riding and hit Yukon, so it is within sight, so to speak, and I have some understanding of how things operate in the north.

[Colin Carrie, Conservative, Oshawa, ON]

Mr. Speaker, the member for Renfrew—Nipissing—Pembroke is a straight shooter, and I appreciate her comments. She talked about the increase in red tape, uncertainty, and this new carbon tax. When I visited Yukon, I saw so much optimism there, so much potential for development. I am concerned that this bill would repeal major sections of Bill S-6, and at the end of the day, it is all about competitiveness.

I know the government is repealing a lot of things, but which part, if repealed, does the member think would be the most damaging to Yukon and its competitiveness?

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Mr. Speaker, as the member of Parliament for Renfrew—Nipissing—Pembroke, a predominantly small community in a rural riding of eastern Ontario with a significant number of jobs that rely on the land, I chose to participate in today's debate as someone who can empathize with the people of Yukon on how bad federal policy impacts rural people. In addition to representing the people of Renfrew—Nipissing—Pembroke, I am pleased to represent the people of northern Ontario as the Conservative Party critic for economic development for that region.

Like my riding in eastern Ontario and like Yukon, northern Ontario shares many of the challenges faced by residents north of the 60th parallel. Bill C-17, an act to amend the Yukon Environmental and Socio-economic Assessment Act and to make a consequential amendment to another act, would directly undermine the economic well-being of people living in Yukon, but it should set off alarm bells for every Canadian about what kind of Liberals were elected in Ottawa. Canadians were pitched a story about a new warm and fuzzy, centrist Liberal Party. Instead, they got the old Liberal power brokers, trading votes and money for policies infused with the radical left-wing ideology of paternalist progressivism. It is like Frankenstein's monster. It is alive, and it has the brains of Dalton McGuinty bolted onto the body of a Chrétien-Martin money machine.

Bill C-17 is just the latest example of the horror story that is the current government. It is a story that can be told in three chapters: from cynical vote buying, to an arrogant Ottawa-knows-best attitude, and ending in despair and economic destruction. Let us start at the very beginning, a very good place to start, with chapter 1, entitled, “power brokers, or how I learned to stop stressing and fight the Liberal vote-buying machine”.

Bill C-17 comes straight out of the Liberals' campaign platform, so it is important that we look at how it was developed. Unlike our Conservative Party's grassroots approach to policy development, the Liberals outsourced to their pollsters, ad agencies, and special interest groups to cobble together “a chicken in every pot”. The pollsters, ad agencies, and focus groups wrote the headline promises the Liberals would promptly break, like Chrétien's promise to scrap the GST, or the current government's promise on electoral reform, or the promise of tiny deficits, or the promise of using deficits for infrastructure, or the promise of eventually ending deficits.

For the rest of the Liberal platform, they hit control-C to copy and paste lists of demands from various special interests who promise to deliver cash and votes. Those big promises test well but quickly get forgotten while the government gets to work delivering for its friends.

For the big promises the Liberals have not broken yet, the only reason is that, like legal weed, they made the promise having no clue of how they would make it happen. Therefore, they have to commission consultations—which is Liberal code-speak for hire their friends at taxpayer expense—to tell them how to do their job.

The promises in the platform they made to their lobbyist friends is the stuff that gets fast-tracked into legislation, which brings us back to Bill C-17. The government is rushing forward with a blunt instrument to enact a copy-and-past election promise. Instead, it should have worked with all the parties to ensure any amendments protected everyone's interests.

Let us take the section of the bill that would repeal time limits on the review process. The government claims the time limits are unnecessary because the review board already exceeds the current time limits in law. However, time limits provide certainty. That certainty is how we balance the interests of the environment and the interests of the economy. The environmental review is not the economic cost; it might even save the company from an expensive future cleanup. What costs the economy is the uncertainty and its invisible cost. We cannot see the jobs not created by the investments not made because of the uncertainty the government seeks to create. If the time limits are too short for a thorough review to protect the environment, we should lengthen the times or add additional resources.

The costs of review are recovered from the companies and they will be happy to pay the costs. They just want some certainty about what those costs will be and how long they have to pay for them. That seems like a pretty reasonable compromise. The environment gets protected and Canadians get economic certainty.

Therefore, why is the government being so unreasonable? Removing the time limits means reviews can be indefinitely delayed to satisfy the government's radical left-wing agenda.

That brings us to chapter two: paternalistic progressivism or how to shut up and do what Ottawa says.

Bill C-17 is symbolic of the government's approach to resource development and environmental protection. That approach is to dictate to the provinces and territories. The bill would remove the ability of federal governments to transfer powers, duties, or functions to the Yukon government. It would be one thing if the Liberal government just thought Ottawa knew best and just never used the power under the current law to transfer any power to the Yukon government. However, to repeal that section, to make it so no future government has the legal authority to transfer powers to the territory, shows Ottawa knows best. It is more than just a little attitude; it is part of a larger agenda.

The government clearly seeks to expand its powers and simply order the provinces and territories to do what it says. Look at how it imposed a carbon tax on the provinces. It does not matter if different regions have different economies; Ottawa has ordered a carbon tax, so a carbon tax it will be. Already Canadians living in rural and remote communities like the Yukon pay higher costs for food and energy. Now the government wants these Canadians to pay more for a regressive agenda.

At the very same time it is increasing the cost of doing business in Canada with carbon taxes, it wants to repeal time limits on environmental review. Its agenda is clear. It wants to phase out natural resource development by strangling the industry with higher costs and longer reviews. This is not about carbon emissions or protecting the environment. Nothing in Bill C-17 actually improves environmental protection. All it does is inject uncertainty into the Yukon economy, which is the point: create enough uncertainty and investors will look elsewhere. Of course, the government hopes those investor dollars will flow into one of its super-duper clusters located in urban centres.

That brings us to the final chapter of the Liberal horror story. If this chapter needs a title, it would be, “How the Liberals plan to spread their anti-development agenda across Canada”. Bill C-17 is like a Liberal test tube. It makes these changes in Yukon like an experiment to see how well they can strangle development. If they are successful in creating economic uncertainty up north, they will replicate it across the country. In fact, one of the government's very arguments for repeal of the time limits on environmental review is the claim they will be reviewed across Canada, so they might as well do away with Yukon's. This is not a hidden agenda; it just an under-reported agenda.

Bill C-17 is just one part of that agenda. Eliminating the exploration tax credit in the recent budget is another part of that agenda. Removing time limits on environment review is another part. A punishing country-wide carbon tax is just part of the same agenda. Higher taxes, fewer credits, more regulation, and longer reviews are all part of the same Liberal agenda to eliminate our natural resources industries. They will scoff and claim how much they support rural and remote Canada, but actions speak louder than the PMO's scripted talking points.

With every action the government takes, it injects uncertainty into the economy. Even worse, with the government's love of picking industrial winners and losers, we will soon see the hollowing out of many industries in rural and remote parts of Canada. This will force even more Canadians to migrate to the cities, leaving rural Canada even further depopulated. Across Canada, we will see more and more ghost towns.

This is truly a Liberal horror story, but it does not have to end this way. For one, those sitting on the government side could speak up in caucus and call on the government to reconsider. Perhaps there is a compromise that can be found on setting time limits rather than unilaterally repealing them. Did they even try to find one? Sadly, I doubt Canadians can rely on a common sense revolution within the Liberal back bench.

The only chance will likely be in replacing this incompetent government with one that takes campaign promises seriously, one that takes protecting the environment seriously, one that takes growing our economy seriously. Fortunately for Canadians, we have a Conservative Party with a better story to tell.

For example, we created the Canadian Northern Economic Development Agency in 2009, a new stand-alone agency that not only benefited the development of the entire Canadian north, but directly benefited local businesses and entrepreneurs by providing them with better access to lines of credit, loan guarantees, and other things to foster growth.

Bill S-6, passed in 2015, amended the YESSA and granted further autonomy to Yukon by giving the federal minister the power to delegate federal powers to the Yukon government, or establishing timelines for environmental assessments so the process could be completed in a timely manner, without forgetting the importance of environmental sustainability.

That is just some of what we did for Yukon, which was part of a larger strategy to responsibly develop Canada's natural resources. We can protect the environment and develop our natural resources. It is not even a question of picking between the two. However, the Liberals have decided they will pick. Bill C-17 shows they pick. They picked more uncertainty. They picked less investment. They picked fewer jobs.

Hopefully, when Canadians next go to the polls, they will pick a different government. Hopefully, they will pick the one like they had before. Prior to the last federal election, with a Conservative government in place, Canada was successfully working to secure a position as the world's superpower in energy production. We were ensuring that Canada's precious natural resources were being developed in a way that respected the economy, by creating jobs and respecting the environment, without pitting one against the other.

Unlike the current government, with its policy of burdening future generations with its high deficit policy and the spectre of huge tax increases to pay for out of control spending today, the Conservatives believe a healthy environment and a job should be our legacy for our children's children to enjoy. It was in that context that we brought forth legislation to benefit northerners in the last Parliament.

Bill C-17, in stark contrast to the Conservative policy of job creation and a balanced budget, is symbolic of the government's approach to resource development and environmental protection. The Liberal Party is committed to a policy of fostering a lack of public trust in any environmental process. It is called “delay, delay, delay until the project collapses”. It demonstrates to Canadians, and to the world, that confusing environmental regulations and a weak economy go hand in hand, which is the Liberal government's policy on the economy and the environment.

With Bill C-17, Yukon's economic development is in jeopardy. It is an attack on natural resource development. The bill would remove provisions that would limit the length of time for environmental review. This action adds a barrier for investment, as companies are now uncertain as to when a decision will be made. There will be an immediate increase in the regulatory burden on proponents. The mining industry will face the largest impact, and it is a major employer in Yukon.

Bill C-17 would further worsen the economic situation in the north by putting thousands of Canadians out of work, while denying the opportunity of future Canadians to find employment in that region.

The proposed legislation removes northern independence. It is a proven fact that government undermines economic opportunity, in this case Yukon, by adding unnecessary red tape to the environmental review process. It threatens jobs in the private sector and investment.

The Liberal government is taking power away from the people of Yukon and not allowing them to make decisions that concern the development of their communities. Part of the policy interference when it comes to natural resource development is to create uncertainty in the review process. Our Conservative government worked hard to strengthen environmental protections and streamline the regulatory process in order to promote northern development while protecting the unique relationship between northerners and the land.

The removal of time limits and option for exempting renewals fits well with the ongoing narrative that Liberals use a false concern for the environment to introduce unnecessary delays and uncertainty into our regulatory processes. This will impact on the economy, similar in the manner that was used by Gerald Butts, the Prime Minister's principal adviser, and how he directed the Toronto Liberal Party to use the pretext of saving the environment to jack electricity prices to unaffordably high rates in order to shut down tens of thousands of jobs in the manufacturing sector in Ontario.

The Liberals' promise to repeal certain sections of previous Conservative government legislation is just another example of how green ideology over there trumps common sense. This change puts Yukon at a competitive disadvantage with the rest of Canada for attracting private investment. Yukon has huge jobs potential that only comes with development. The Liberal government is intent on adding stress to an already troubled industry through the addition of extra red tape, an unclear, unpredictable evaluation system, and the politicization of the final determination of projects.

This legislation hurts workers in Yukon and it hurts the heavily taxed middle class across Canada. Not only do the Prime Minister and his closest Toronto advisers not understand that northern development creates jobs, they prefer to create a patchwork of regulatory regimes across the country with no regard for cross-Canada economic development. There are many other examples of the bad practice of only listening to Toronto-based advisers with under-reported agendas on the environment, agendas that are based on junk science.

This is an intervention where no intervention is necessary. Yukon is already suffering from the federal 2016 budget measure to unfairly tax family campgrounds. It is absolutely ironic when I hear the Liberals claim they will replace lost resource jobs when the legislation we are discussing today goes into effect. They claim that jobs can be replaced by developing tourism. Promote the environment by promoting tourism. It sounds catchy. The reality is the Liberal Party brought in legislation that unfairly targets family-owned campgrounds in its 2016 budget. They reason that some slick city accountants have found a way to create a tax loophole using campgrounds.

The Liberal Party responds by attacking all campgrounds without taking into consideration private, family-run campgrounds. That attack is an insult to every husband and wife team working 18 hours a day in a seasonal business. The Minister of Finance could care less about family campgrounds. He has a vacation property, a holiday villa in the south of France. The Prime Minister uses the taxpayer dime to party in the Caribbean on a friend's private island in the Bahamas, someone who just happens to benefit from receiving millions of dollars in taxpayer handouts from the federal government.

Campgrounds offer an opportunity for families to spend time together, create lifelong memories, and discover Canada's natural landscape. It is an activity dominated by the middle class as their form of rest, relaxation, and entertainment. Camping creates a sense of community that is unique to this form of travel accommodation.

In Yukon, of the 60 campgrounds that operate over 2,000 campsites, there is one federal campground and it has all of 39 sites. Unlike the private campgrounds that are serviced, all the sites at the federal park are unserviced. In addition to providing services like water and sewer hook-up and electrical plug-ins, private campgrounds on average stay open one month longer. Taking away privately owned family campgrounds takes away local tourism in that industry and the jobs that go with it.

[John Barlow, Conservative, Foothills, AB]

Madam Speaker, it is a pleasure to rise today in the House to speak to Bill C-17.

I was a member of the aboriginal and indigenous affairs committee when we started to finish up the initial bill, which was through the Senate, Bill S-6. I understand concerns were raised. However, I have heard many times in the House today from the other parties about this lack of consultation.

There was a great deal of consultation as we moved through this process. Again, that was highlighted by my colleague's previous comments with the fact that of the 76 elements of the legislation, 72 had strong support and consent. There were four areas that needed to be discussed and were discussed. There was a great deal of consultation. Our committee even travelled to Yukon to meet face-to-face with government officials, industry, and representatives from indigenous communities. It was a process done in partnership with the communities, which is important to note.

I raised some concern with dismantling some of the Yukon Environmental and Socio-economic Assessment Act, YESAA and the precedent the Liberal government was setting. I am very concerned with the future economic development opportunities of the Yukon and other territories if we take some key elements out of YESAA, such as the moratorium on Arctic drilling and the tanker ban off B.C.'s northern coast. Now there is a carbon tax. It seems that limits will be put on communities in Canada's north over and over. They rely heavily on natural resource development and the economic opportunities that brings to those communities. They will be further restricted, not only by taking some of these elements from YESAA, but part of the bill would also add additional bureaucracy and red tape to the approval process.

In my home province of Alberta, more than $50 billion in capital investment have left the province. A big part of that was the downturn in oil prices, but we have been through that before. The most significant impact has been the federal carbon tax, provincial carbon tax, and axing the discovery of well tax credit. All of these things are having an impact, and we have seen the devastating effects this has had on Alberta. I fear the next areas to start to feel this and the implications of these Liberal policies will be Yukon and some of these other northern territories.

However, Bill C-17 would change four key areas. I mentioned that we had near consensus on 72 out of 76 elements of YESAA. Now we want to address time limits on the review process; in fact, removing these timelines. My colleague in the New Democratic Party, who I respect a great deal, talked a little about why it was important to remove these timelines. It is because we need to discuss these issues long term. I think he was saying that we were looking at 500 years down the road.

We are not going to attract investment from the energy sector. We would not have large private-sector companies, maybe in partnership with the public sector, municipalities, provinces, and territories. They will not invest in a project if they do not see a clear goal or clear timeline to approval or denial. If they see there are no timelines in place or very limited timelines on the review process, they will not take that chance. They will take their investment dollars and put them in jurisdictions where they know they have a chance to succeed, or at least a very clearly defined process on how to get to that place. They will take their investments, as we see right now, to the United States, Saudi Arabia, Venezuela, and other countries where they will have a much better ability to get a return on their investment or at least see their project be approved. However, by eliminating those timelines, we will not be making our territory or jurisdiction attractive to capital investment, especially when it comes to the natural resource sector.

When we were in government, looking at Bill S-6 and making these changes to YESSA, we wanted to empower Yukon, the territories and the communities in these jurisdictions to make these decisions for themselves. That was a key element to this. We wanted to ensure Yukon and the communities in Yukon had a level playing field that was comparable to the rest of Canada. We wanted to ensure the regulatory process and the review timelines were the same for Yukon as they were in Saskatchewan, Alberta, Ontario and Atlantic Canada. We wanted to ensure there were no obstacles or detriments to attracting new capital investment to Yukon.

That is one of the reasons why Bill S-6 was so important. It was intended to make the northern regulatory regimes more consistent with other provinces. The key to that was to ensure Yukon would not be at a competitive disadvantage compared to other jurisdictions. We wanted to ensure these reforms also gave northern communities greater control over their future. They would have more impact and more say on what resource development would happen and what economic growth opportunities would be available.

We wanted to ensure there was predictability with these projects. We wanted to ensure there was certainty for proponents, regulators and governments, as well as aboriginal and indigenous communities. When they are making these decisions, we want to ensure they have all the information available to them, including timelines, and predictability. The process of getting those to conclusion is also very important.

The removal of these timelines as part of the review process shows we were introducing unnecessary delays in the approval process. We see the impact that has with other infrastructure projects across Canada when it comes to our energy sector. We want to ensure Yukon has an opportunity for economic development.

A good example of that is when I was at the PDAC conference in Toronto earlier this year. I had an opportunity to meet with stakeholders from the mining industry in the Northwest Territories, Yukon and Nunavut. They talked about the importance of the mining industry in those remote northern communities. We also did a mining study at the natural resources committee. Certainly, a very high priority was not only their ability to do business and work with their indigenous communities, but also the importance of having that strict timeline as part of the regulatory review process.

The stakeholders at the PDAC meeting told me that the carbon tax on its own would cost their two companies combined about $25 million. These projects may not even go ahead because of that tax. How can we have new economic opportunities in these northern and remote communities that need it if private-sector companies do not see a friendly government at the federal level, which wants to embrace these opportunities for the northern communities?

When stakeholders of two major projects in the tens of millions of dollars are now questioning their future, their ability to be successful, and may move out, other companies will follow. When we add the ban on Arctic drilling, the moratorium on tanker traffic off the coast of northern B.C., a carbon tax, and now red tape and bureaucracy to the regulatory regime and review process, they simply will not go ahead. Rather, they will look for other areas that they feel are more business-friendly and more friendly to economic and resource development.

The key there is that Yukon was one of the most attractive territories and jurisdictions in Canada for mining companies and for mining projects and to invest in new opportunities. Yukon very quickly fell down that chart not only in Canada, but around the world because of the regulatory regime in place. Bill S-6 was an attempt to clean that up to ensure Yukon would not be at a competitive disadvantage. We wanted to ensure Yukon remained in that top five as not only a jurisdiction that was welcoming, had willing partners, and offered great opportunities, but also had a regulatory regime in place that allowed these things to happen.

Therefore, Bill C-17 is a step backward with respect to resource development and economic opportunity in Yukon. We have to be extremely concerned about that.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Madam Speaker, I want to thank the member for North Island—Powell River for her speech on Bill C-17, an act to amend the Yukon Environmental and Socio-economic Assessment Act and to make a consequential amendment to another Act, and I want to thank the hon. member for Yukon for his hard work on this matter and for his leadership.

We are neighbours. As a British Columbian, I feel very closely connected to Yukon. We share many important values around respect for the environment. Trying to find balance with the environment and the economy is very important to both of us in our province and territory, as well as trying to find balance in working with indigenous people on a nation-to-nation basis and trying to move forward from the wrongs and policies of the past.

The Yukon Environmental and Socio-economic Assessment Act, YESAA, was an opportunity for us to move forward. It implemented the environmental assessment framework set out in the Yukon umbrella agreement. That agreement, which Yukoners worked so hard to get, was a multi-faceted stakeholder agreement led by indigenous people with government. In June 2015, the Harper government passed Bill S-6, amending YESAA. This bill was opposed by the NDP in Yukon, so we share those values.

The opposition was based on four changes to YESAA that the Yukon first nations opposed.

First, time limits were imposed on the review process. I cannot understand why we would put a time limit on looking at something that is going to have an impact on people for generations to come, for hundreds and hundreds of years. Where I live, the indigenous people like to look at the economy and look at a forecast and a plan of what it is going to look like for the next 500 years, not the next five years. It is very important to understand that this is a very in-depth process, especially when development in the north has left environmental damage and a legacy of cleanups impacting the local people.

Second, changes were implemented to allow the minister to give binding policy direction to the board overseeing the environmental and socio-economic assessment process.

Third, the bill provided a delegation of authority that allows the minister to delegate any or all of the federal minister's powers, duties, or functions to the Yukon government and change the requirement for additional assessments to only where the project has been significantly changed.

We led the fight against these changes being unilaterally imposed by the Harper regime and we have fought to reverse them since the passage of Bill S-6. On October 14, 2015, Champagne and Aishihik First Nations, the Little Salmon/Carmacks First Nation, and the Teslin Tlingit Council took these legislative changes to the Supreme Court of Yukon. Their case says these changes are inconsistent with their final land agreements. They have agreed to put the litigation on hold to see if Parliament will pass this bill to roll back these changes.

We support this bill for this very reason. We want to get these cases out of court and work on moving forward together. Unfortunately, these changes did exactly the opposite. They put confrontation at the front of this.

Bill C-17 proposes to remove these four changes that were unilaterally imposed by the Harper government. We have been leading the fight against these harmful provisions, which were aimed at dismantling the environmental and socio-economic assessment process in Yukon. This process was developed in Yukon, by Yukoners, for Yukon, and the Harper government imposed these changes without consultation with Yukon first nations.

We are willing partners in working with the Liberal government to roll back the damage from the Harper Conservatives, but New Democrats know we must do more for indigenous peoples in Canada than merely roll back these damaging changes, and that is where the Liberal government has continued to fall short.

We are still seeing indigenous people in court. In my riding, the Nuu-chah-nulth are still in court regarding their right to catch and sell fish. They won. In the Supreme Court of Canada, the case was thrown out twice in support of the Nuu-chah-nulth and their right to catch and sell fish, yet the government is still dragging it out.

The Huu-ay-aht won a case in the rights tribunal, and the government has also now challenged that case, so we need to do more. We are calling on the present government to stop fighting indigenous people in court.

In addition to the provisions in this bill, the Liberal government must reverse the Harper government's unilateral imposition of a new fiscal agreement on the first nations in Yukon.

In terms of some context or background, YESAA was established in 2003 in fulfillment of an obligation in the Yukon Umbrella Final Agreement. In October 2007, the five-year review of YESAA was initiated, and it was completed in 2012. Due to a disagreement over the recommendations, the review was never made public. The amendments were developed through a secretive process.

Bill S-6 unilaterally rewrote the Yukon's environmental and socio-economic evaluation system. This system was the product of the Umbrella Final Agreement, which settled most of the first nations' land claims in the territory. YESAA is seen by most residents of the territory as a made-in-Yukon solution to the unique environmental and social circumstances of the territory, while the changes proposed in Bill S-6 were seen as being imposed from the outside to satisfy southern resource development companies.

The New Democrats opposed Bill S-6 because it was developed without adequate consultation with Yukon first nations and the residents of the Yukon. It was not supported by the majority of them.

Yukon first nations took these changes to the Yukon Supreme Court. On October 14, 2015, Champagne and Aishihik First Nations, the Little Salmon/Carmacks First Nation, and the Teslin Tlingit Council took these legislative changes to the Supreme Court of Yukon. Their case states that these changes are inconsistent with the final land claim agreements. They have agreed to put the litigation on hold, as I stated earlier, to see if Parliament will pass this bill and roll back these changes.

As we know, Bill C-17 proposes to remove the four changes that I discussed earlier.

We support this bill. A few people have spoken about the situation, and I would like to mention some. In her testimony before the Standing Committee on Indigenous and Northern Affairs on February 25, 2016 , Grand Chief Ruth Massie, from the Council of Yukon First Nations, stated:

You're right. This fiscal policy is being imposed. We have not accepted it because of the language in our agreement. How is it going to affect us if it goes forward? We have no choice but to defend our agreements. That means going back to court because that's not what the provisions in our agreements say.

That is when she is referencing Bill S-6. I could read quotes all day from leaders from the Yukon in support of rolling back these changes.

We know that in this agreement, the Harper government systematically weakened environmental protection legislation, with no public consultation and little parliamentary oversight. Since coming to power, the Liberal government has not done enough to systematically reverse these changes, but we are very happy to see this as a step forward.

I congratulate the member for Yukon again for moving this forward and for working hard so that we can do what we need to do. We need to ensure that laws changing the implementation of land claim agreements can only be made with full and active consultation with and participation of first nation governments. We need to understand that YESAA is a made-in-Yukon environmental assessment process, so any changes to it must only be done with broad public consultation and participation.

The NDP has led the fight against these changes and to support YESAA because we understand they diminished the rights won by Yukoners through the devolution process.

Again, we support this bill. We are excited to see this opportunity for us to roll back these changes and for the people of Yukon in order to move forward.

[Rachel Blaney, NDP, North Island—Powell River, BC]

Mr. Speaker, it is important for me to let the House know that I will not be nearly as exuberant as the previous speaker, and I apologize for that.

It is important for everybody also to know that I will be sharing my time with the member for Courtenay—Alberni on this very important issue.

Today, I will address Bill C-17, a bill that would amend the Yukon Environmental and Socio-economic Assessment Act. As the title suggests, this bill does not directly affect my beautiful riding of North Island—Powell River in B.C. Nonetheless, I am happy to rise today to speak to these amendments for first nations and Yukoners whose voices were lost and opposition eerily ignored in the last Parliament.

Without affecting my riding directly, the matter at hand is a very important example of the behaviour lauded during the Harper years. This legacy reverberated in all ridings across Canada. We should not forget that this approach was alienating and downright contrary to the idea of a nation-to-nation relationship.

As the Yukon NDP leader Liz Hanson said, in a public letter:

What we need, what is sorely missing, is a willingness to engage in an open and honest manner. We need a relationship built on dialogue and respect, rather than on lawsuits and secret negotiations.

We are here today to repeal the most damaging clauses in Harper's Bill S-6.

In 1993, after 20 years of discussions, the Council of Yukon First Nations, the Government of Canada, and the Government of Yukon reached an agreement concerning the management of land and resources in Yukon and the settlement of land claims. Chapter 12 of this agreement called for the establishment of federal development assessment legislation. This obligation was fulfilled in 2003 with the Yukon Environmental and Socio-economic Assessment Act.

The five-year review of the Yukon Environmental and Socio-economic Assessment Act was completed in March 2012. Due to a disagreement over the recommendations, the review was never made public. The amendments were developed through a secretive process, yet at the end of it came Bill S-6, which unilaterally rewrote the Yukon Environmental and Socio-economic Assessment Act. Bill S-6 imposed time limits on the review process. It implemented changes to allow the minister to give binding policy direction to the board overseeing the environmental and socio-economic assessment process. Bill S-6 provided a delegation of authority that allows the minister to delegate any or all of a federal minister's powers, duties, or functions to the Yukon government, and it also changed the requirement for additional assessments to only where the project has been significantly changed.

New Democrats have been leading the fight against these harmful provisions unilaterally imposed by the Harper Conservatives to dismantle the environmental and socio-economic assessment process. This process was developed in Yukon, by Yukoners, for Yukon, and the Harper government imposed these changes without consultation. Like many of Stephen Harper's agendas, this fell into the hands of the courts. On October 14, 2015, the Champagne and Aishihik First Nations, the Little Salmon/Carmacks First Nation, and the Teslin Tlingit Council took these legislative changes to the Supreme Court of Yukon. Their case states that these changes are inconsistent with their final land claim agreements.

Grand Chief Ruth Massie stated:

It is very unfortunate that Yukon First Nations are forced to bring this matter to the courts. But after numerous overtures to the Harper Government resulting in no compromise or real effort to accommodate First Nations’ interests, Yukon First Nations are left with no choice but to defend our rights and established treaty processes. This Petition has broad based support, but we hope the case won’t have to go the distance once a friendlier federal government assumes power in the coming weeks.

Some will see this dismantling of the Harper legislative agenda by the courts as judicial activism, but I caution members to acknowledge the reason we are here. Bill S-6 represented a complete lack of co-operation. It was developed without adequate consultation with Yukon first nations and the residents of Yukon, and it was not supported by the majority of them. Moreover, many provisions in the review were not addressed during the review the government unilaterally imposed on the system.

Forty years of discussion have resulted in a unique relationship between first nations, Yukon, and Canada. The steps of Bill S-6 were an example of the realities. When one bullies one's way through, this does not lead to relationship building.

In addition to the provisions in the bill, the Liberal government must reverse the Harper government's unilateral imposition of a new fiscal agreement on first nations in the Yukon. Not directly associated with any provisions within Bill C-17, two weeks before the writ was dropped the Harper government unilaterally imposed a new fiscal agreement on comprehensive land claim agreements, including first nations in the Yukon. This new approach was produced and adopted behind closed doors with no meaningful consultation. It undermines these treaties and cannot be implemented without breaching these agreements.

It is the opposite of a nation-to-nation approach. In November 2015, the Land Claims Agreement Coalition, which includes first nations in the Yukon, wrote the Minister of Indigenous and Northern Affairs requesting the immediate suspension of the previous government's fiscal approach as it was incompatible with their treaties. Too often we have seen this top-down approach failing indigenous communities across Canada.

The Harper government systematically weakened environmental protection legislation with no public consultation and little parliamentary oversight. Since coming to power, the Liberal government has done little to reverse these very important changes. Sadly, the Liberals are also still using Stephen Harper's inadequate targets that will not allow us anywhere close to meeting our international commitments, and nothing in their plan does anything to address this ever-growing, gaping problem. We have seen Liberal and Conservative governments repeatedly make international commitments and then fall very short of following through, and so far the current government looks no different.

New Democrats will be raising the continued refusal of the government to fix the National Energy Board review process, as the Liberals committed to in the last election. It is important that all energy projects be subject to a credible and thorough environmental assessment that allows for public participation, respects indigenous rights, and considers the impacts of value-added jobs.

New Democrats are willing partners to work with the Liberal government to roll back the damage from the Harper Conservatives, but New Democrats also know that we must do better with indigenous people in Canada, that merely rolling back these damaging changes is one step, but it is not enough, and that is where the Liberal government has continued to fall short.

I look forward to seeing some positive movements in the future, and I will continue to do my work in this House to make sure that happens.

Yukon Environmental and Socio-economic Assessment Act

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Madam Speaker, there were a lot of comments, so I will try to keep my rebuttal brief.

As for clause 1, the delegation to territorial ministers, I do not think the member talked about that one. When an authority is delegated to a territorial minister, the decision is brought much closer to the population it affects. The presumption in the bill is basically that somehow the territorial ministers and the territorial government cannot make decisions, and the people there cannot keep them accountable. That is a worrisome change. I also do not think that delegation is somehow an abdication or surrender of responsibility.

Another significant change is clause 2, which would amend the act to repeal section 49.1. That removes an important pro-job amendment introduced by Bill S-6, although the member did not appreciate my commentary about Bill S-6 and called my remarks anachronistic. This piece of legislation is trying to overshadow the kind of desperate policy dives that the Liberals are doing in every single direction, trying to find something that will work to create jobs, anything, even if it is public service jobs, doing more regulatory work, overseeing more paperwork with more red tape, catching more companies, more people, and more projects, in this regulatory environment that they are creating.

No piece of legislation is perfect, and this is much more imperfect than the usual ones. I could go through clauses 3, 4, 5, 6, and 7 about the time limits that the Liberals have introduced. I disagree with the member's characterization that there will still be some time limits. They are all fuzzy and washed out, and there is no certainty for companies. Those would be my comments to the member's commentary on the bill.

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, I quite enjoy the member. I enjoy debating with him on PROC, and it is great to debate with him in the House. His speech would have been a perfect speech to bring forward Bill S-6, because all the things he talked about were what Bill S-6 hurt in our economy. Therefore, it was a bit of an anachronistic speech.

Economic development, for instance, has been slowed down. Companies cannot move forward. As we know, the environmental assessment is tied up in the courts, which has slowed down the assessment.

He talked about northern control over northern resources, and that is exactly what the complaint was. That is why this is coming forward. I am not sure if the member was here when I mentioned earlier that there were two very large public gatherings of people pretty upset with the federal government because it had taken northern control and imposed these items on northern resources. That led to the great uncertainty we have right now with environmental assessments, which will be reduced once Bill C-17 is passed.

There was talk about different approvals, and exactly why the YESAA process led the country. In other parts of the country they would have to go to different levels of government. The brilliance in the YESAA legislation is that for the first nations, the Yukon government, and the federal government, it goes through the one process, and that applies to all the governments, as to whose land it can be on.

I am glad he mentioned that we reinstated the mineral exploration tax credit. We fought hard for that. I thank the finance minister for putting that back in. Some of the members he quoted, particularly David Morrison and Samson Hartland, wholeheartedly support Bill C-17 now.

The last point I want to make is on the timelines. Virtually all the speakers in Her Majesty's Loyal Opposition have suggested there is a lack of timelines, but timelines exist now. They exist for the designated office, which is the office that makes the decision coming out of the recommendations of the YESAA board. It has timelines, and they are already in regulations.

For the other two processes on the assessments for the designated office, which is for the small projects, and the executive board, which is for the larger projects, those decisions are policy decisions. They are set in rules on the board.

I just wanted to make those points. This will ally all the fears the member talked about in his speech.