moved that Bill S-6, An Act to amend the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Nunavut Surface Rights Tribunal Act, be read the second time and referred to a committee.
Mr. Speaker, since 2006, our government has been pursuing the most ambitious northern agenda in the history of this country.
This government has promoted prosperity and development through Bill C-47, the Northern Jobs and Growth Act. It transferred powers to the Government of the Northwest Territories through Bill C-15, the Northwest Territories Devolution Act. Then it had the vision of the Canadian high Arctic research station, which it implemented.
I repeat: no other government in Canadian history has done more than ours to increase health, prosperity, and economic development in the north.
The initiative before the House today, the Yukon and Nunavut Regulatory Improvement Act, or Bill S-6, represents yet another key deliverable of our government’s northern strategy and is the final legislative step in our government’s action plan to improve northern regulatory regimes.
In total, our government has created or amended eight different pieces of legislation in order to ensure that northern regulatory regimes—across the north—are nimble and responsive to the increased economic activity taking place across the north. This is no small feat.
These legislative changes will allow Canada’s north to compete for investment in an increasingly global marketplace, which in turn will lead to jobs, growth and long-term prosperity for northerners.
Let me first speak to the proposed changes to the Yukon Environmental and Socio-economic Assessment Act, or, as we refer to it, YESAA for short.
This legislation first came into effect in 2003 and sets out the environmental and socio-economic assessment process for all projects, including everything from small-scale community infrastructure projects to large-scale mining projects in the territory in question.
The need for improvements to the existing legislation first arose during the five-year review of YESAA, which was required under the Yukon Umbrella Final Agreement. The review began in April 2008 and included the participation of all parties to the agreement: Canada, the Yukon government, and the Council of Yukon First Nations.
Speaking of the Council of Yukon First Nations, I had the pleasure earlier this morning of meeting with the chiefs or councillors of a number of Yukon first nations about Bill S-6. I want to acknowledge their important contributions to the development of the bill and look forward to their continued engagement as the bill moves through the parliamentary process.
The review I referred to earlier was extensive and examined all aspects of the Yukon development assessment process from YESAA and its regulations to the implementation, assessment, and decision-making process, as well as process documents such as rules, guides, and forms, et cetera, and was completed in March 2012.
At the end of the review, the parties jointly agreed to 72 out of 76 recommendations, many of which could be addressed through administrative changes. A few, however, required legislative amendments, including board term extensions; the non-application of CEAA, the Canadian Environmental Assessment Act; the requirement to take into account cumulative effects when conducting an environmental assessment; the need to take into consideration activities that are “reasonably foreseeable”; the ability to include the activities of third party resource users in the scope of a project when the government is a proponent of forest resource management planning and allocation initiatives.
In December 2012, after the completion of the five-year review and the passage of amendments to the Canadian Environmental Assessment Act, and following our government's announcement of the action plan to improve northern regulatory regimes in Nunavut and the Northwest Territories, the Yukon government wrote to my predecessor to request additional amendments to YESAA to ensure consistency across regimes. That was to include beginning-to-end timelines, ability to give policy directions to the board, cost-recovery regulations, and the delegation of authority.
While these amendments were not discussed as part of the five-year review, my department did consult with Yukon first nations on them throughout 2013 and 2014.
The first draft of these legislative amendments was shared with all parties to the umbrella framework agreement, the Yukon first nations and the Yukon Environmental and Socio-economic Assessment Board for review and comment in May 2013.
Formal consultation sessions followed, which provided the opportunity for the parties to learn more about the proposed amendments, voice their concerns and make recommendations on how to improve the proposals. The feedback we received informed a subsequent draft of the legislation, which was shared with the parties in February 2014.
At each stage, proposals or drafts of the bill were circulated to first nations, the Government of Yukon and the Yukon Environmental and Socio-economic Assessment Board for review. The department carefully considered all comments and, where appropriate, incorporated them into the next draft. This process resulted in further improvements to the bill before it was introduced in Parliament last June.
As members can see, consultation on this bill has been extensive, and while we know that everyone did not agree 100% with each amendment, this does not mean that consultation was inadequate. It is our view that we met our duty to consult and we accommodated where appropriate. Even the Hon. Grant Mitchell, a Liberal senator and the opposition critic of the bill in the Senate, acknowledged this challenge but noted that comprehensive consultation had taken place when he spoke to the bill at third reading in the Senate. The hon. senator said:
There has been, I think, quite adequate consultation. It's complicated up there in these territories. You have federal, territorial and Aboriginal interests.
So it is very complex, and the fundamental core of this bill gets to that and is an effort to make all of that better and to make processes in the North better.
Let me remind my fellow colleagues in this House that this does not mean that the opportunity for providing input has ended. Indeed, as is the case for all other bills introduced in Parliament, the parliamentary review process provides opportunities to engage with parliamentarians on their views on legislation. The Senate Standing Committee on Energy, the Environment and Natural Resources has just completed a thorough review of the legislation wherein the committee heard from numerous witnesses from Yukon and Nunavut, including representatives of the first nations and Inuit peoples. At the end of its review, the committee members endorsed the bill unanimously.
Engagement on this bill has continued right up until today. As I have already mentioned, I met this morning with members of the Council of Yukon First Nations to further discuss their views on the bill and I encouraged them to participate in the parliamentary review process so that they could not only make their views known, but, if possible, correct the bill if it violates, as alleged, the Umbrella Final Agreement.
I also wish to acknowledge the member of Parliament for Yukon and the senator for Yukon, who have been very active on the ground. They have met with numerous stakeholders on this bill and will continue to advocate for the best interests of all Yukoners in their respective chambers.
Further, and contrary to some of the myths that have been put forward, I want to be very clear that all of the legislative proposals contained in Bill S-6 are consistent with the Yukon umbrella agreement and continue to uphold aboriginal and treaty rights.
In fact, some of the proposed amendments would actually strengthen first nation roles in YESAA . For example, under clause 29, which sets out proposed section 88.1 of the proposed amendments, when a project reaches the permit or licensing stage, first nations would be able to add to that permit or license “terms and conditions that are in addition to, or more stringent than” the terms and conditions set out in the project's environmental assessment.
I also want to take a moment to address some of the specific amendments that have been subject to significant debate in Yukon and that the Council of Yukon First Nations discussed this morning when we met.
The introduction of beginning-to-end limits for environmental assessments would align the Yukon regime with the time limits in similar acts within the north as well as south of 60 and would provide predictably and consistency to first nations, municipalities, and industry alike.
Some have argued that the time limits would affect the thoroughness of the assessment process. However, when we look at the facts, we see that the Yukon Environmental and Socio-economic Assessment Board's own statistics show that the proposed time limits are either consistent with or more favourable than the board's current practice. In addition, the amendments include provisions that would allow for extensions, recognizing that there may be situations in which more time would be warranted to carry out a function or power.
The proposed amendment to section 49.1 would ensure that going forward, reassessments would only be required in the event that the project has been significantly changed. In the past, projects that had already been approved and permitted could be subject to a new environmental assessment simply because a renewal or a minor change in the project had occurred. This amendment would help streamline this process and reduce unnecessary red tape where it was not warranted. The amendment also makes it clear that if there is more than one decision body—which can be a federal, territorial, or first nations government or agency—that regulates and permits the proposed activity, they must consult with one another before determining whether a new assessment is required.
Further, the legislation specifies that in the event of a disagreement, even if only one decision body determines that a significant change has occurred, it must be subject to a reassessment. That is an important point because of what we hear and read in the media. This is also consistent with the Umbrella Final Agreement. The Umbrella Final Agreement states, at section 18.104.22.168, at page 107, if I recall, that projects and significant changes to existing projects are subject to the development assessment process. Therefore, the idea of significant changes is embodied in the Umbrella Final Agreement.
Another proposed change is the ability of the Minister of Aboriginal Affairs and Northern Development to provide policy direction to the Yukon Environmental and Socio-economic Assessment Board. The ability to provide policy direction is not a heavy-handed attempt by the government to interfere in the assessment process, nor does it undermine the neutrality of the board. To the contrary, it is intended to ensure a common understanding between the government and the board, helping to reduce uncertainty in environmental assessment decision-making and helping to ensure the proper implementation of the board's powers in fulfilling its role in the assessment process. This is not new. There are also precedents for this power in other jurisdictions. For example, it has existed in the Northwest Territories since 1999, and with the passing of Bill C-15, it was expanded to include all the boards in the Northwest Territories.
As we say back home, the proof is in the pudding. This power has only been used four times in the Northwest Territories. In each case, it was used to clearly communicate expectations on how to address first nations' rights or agreements. For example, it was used to ensure that notification was provided to both the Manitoba and Saskatchewan Deline regarding licences and permits in a given region.
I want to assure the House that this power in no way detracts from the board's independence. YESAB will remain an impartial and independent arm's-length entity responsible for making recommendations to decision-making bodies.
The legislative amendment also makes it clear that policy direction cannot be used to influence a specific project or to change the environmental assessment process itself. Another contentious amendment, which is contentious because it is opposed by some first nations in Yukon, is my ability to delegate certain powers in the act to a territorial minister. To the contrary, that again is not at all inconsistent with the Umbrella Final Agreement.
I want to also address the Nunavut changes. The objective is to make the regulatory system in Nunavut consistent with what is taking place south of 60 and in full compliance with the land claim agreement that governs our relationship with northerners in Nunavut.