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

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

Part 1 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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 8, 2015 Passed That the Bill be now read a third time and do pass.
June 8, 2015 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give third reading to Bill S-6, An Act to amend the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Surface Rights Tribunal Act, because it: ( a) was developed without adequate consultation with Yukon First Nations, as per the government of Canada’s constitutional duty, and without adequate consultation with the people of Yukon, as per the government’s democratic duty; ( b) provides the Minister of Aboriginal Affairs and Northern Development with authority to unilaterally issue binding policy direction on the Yukon Environmental and Socio-economic Assessment Board, which undermines the neutrality of the environmental and socio-economic assessment process; ( c) provides the Minister of Aboriginal Affairs and Northern Development with authority to delegate powers to the territorial minister without the consent of First Nations; ( d) provides broad exemptions for renewals and amendments of projects; and ( e) includes proposed timelines on the assessment process that will affect the thoroughness of environmental and socio-economic assessments and opportunities for First Nation input on major projects. ”.
June 3, 2015 Passed 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, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
June 3, 2015 Failed
June 3, 2015 Passed That, in relation to 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, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
March 11, 2015 Passed That the Bill be now read a second time and referred to the Standing Committee on Aboriginal Affairs and Northern Development.
March 11, 2015 Passed That, in relation to 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, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Bill S-6—Time Allocation MotionYukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 4 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

Order. We only have 30 minutes. I am sure the hon. minister would like to finish up, and then we will go to the next question.

Bill S-6—Time Allocation MotionYukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 4 p.m.
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Conservative

Bernard Valcourt Conservative Madawaska—Restigouche, NB

Mr. Speaker, I was saying that in fact, a host of witnesses—from the Premier of the Yukon to representatives from every sector of industry and the first nations—have already appeared, commented and shared their point of view on the bill in question.

Bill S-6—Time Allocation MotionYukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 4 p.m.
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Liberal

Rodger Cuzner Liberal Cape Breton—Canso, NS

Mr. Speaker, we are just sitting in the corner here sort of amazed at what is being said about the hearings that took place in the Senate. Those same senators made amendments to Bill C-377, a bill that attacked organized labour. They did not pay any attention to them. Why the difference now?

Bill S-6—Time Allocation MotionYukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 4 p.m.
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Conservative

Bernard Valcourt Conservative Madawaska—Restigouche, NB

Mr. Speaker, what he says in that corner is in that corner, all right.

The truth of the matter is that Bill S-6, the Yukon and Nunavut regulatory improvement act, is the final legislative step in the government action plan to improve northern regulatory regimes. This bill responds to years and years of calls for less duplication and a less cumbersome, uncertain review process to evaluate projects, one that encourages development, investment, and job creation in the north, and for that matter, in all of Canada.

Bill S-6—Time Allocation MotionYukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 4 p.m.
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NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, here we are again with the government shutting down democracy, for the 90th time. In this case, it serves to silence the voices of first nation peoples in the Yukon.

As Grand Chief Ruth Massie pointed out, this whole process attacks the integrity of their constitutionally protected agreements, and Yukon first nations will stand by their agreements, even if it means going to court. She said, “They give us no choice. We did not sign our agreements to implement them in the courts, but we will protect them”.

It is a disgrace that the current Conservative government is not only shutting down debate but is seeking to silence the voices of Grand Chief Massie and the first nations that are standing up for their rights and have been part of developing the YESSA agreement.

We will stand here in solidarity with them, sharing their voices and their words. We will fight back on this terrible piece of legislation.

Bill S-6—Time Allocation MotionYukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 4 p.m.
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Conservative

Bernard Valcourt Conservative Madawaska—Restigouche, NB

That is nonsense, Mr. Speaker. The fact of the matter is that the Conservative member for Yukon has been pleading with the socialists in neckties to allow the committee to travel to Yukon. We hope that they will abide by the wish of the Conservative member of Parliament for Yukon and allow the committee to travel so that first nations can indeed be heard in the Yukon and so Yukoners have a chance to be consulted and give their points of view on this piece of legislation.

Bill S-6—Time Allocation MotionYukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 4 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I would like to ask the hon. Minister of Aboriginal Affairs and Northern Development, since he served in the cabinet of previous Prime Minister Brian Mulroney, how the Progressive Conservatives ever managed to get anything done, since they hardly ever used closure.

How was it possible that democracy was allowed in the House of Commons in the Progressive Conservative government and is no longer allowed in his administration?

Bill S-6—Time Allocation MotionYukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 4:05 p.m.
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Conservative

Bernard Valcourt Conservative Madawaska—Restigouche, NB

Mr. Speaker, the opposition members call this the shutting down of democracy. They sit in the House of Commons and make their case, and this is not democracy? To me it is democracy, but democracy is also about elected members working for the welfare of Canada and the betterment of Canadians.

We are a government that does not consider the north just a trophy. We have decided that northerners will have their place in Canada. The northern strategy is about enabling northerners to be full Canadians, and we will keep doing this.

Bill S-6—Time Allocation MotionYukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 4:05 p.m.
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Chilliwack—Fraser Canyon B.C.

Conservative

Mark Strahl ConservativeParliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development

Mr. Speaker, in my role as parliamentary secretary, I have had the opportunity to meet with people at the Association for Mineral Exploration B.C. in Vancouver as well as with the Prospectors & Developers Association of Canada.

There is a new report out that shows that Yukon has actually gone from the best place in the world to conduct resource development mining to the ninth over the last number of years, because it is falling behind when it comes to its regulatory regime.

I am wondering if the minister can talk about the need to bring in regulatory reform so that Yukon, which used to lead the way with its mining development regime, can catch up now. I would ask him to talk about that.

Bill S-6—Time Allocation MotionYukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 4:05 p.m.
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Conservative

Bernard Valcourt Conservative Madawaska—Restigouche, NB

Mr. Speaker, the hon. member raises a very important point. In fact, from 2011 to 2013, Yukon was rated the single most desirable place in the world for mining companies to conduct business. As the parliamentary secretary pointed out, the most recent report, however, shows that Yukon has actually fallen to ninth place overall. The leaders, communities, and workers in the Yukon are concerned. They see that the regulatory regime in the Northwest Territories has been changed to be in line with the one south of 60, and this is exactly what this would do for Yukon and Nunavut.

It is really important and urgent that we pass this legislation so that Yukoners and the people in Nunavut can get the same benefits as other jurisdictions in the north.

Bill S-6—Time Allocation MotionYukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 4:05 p.m.
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NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, we just got the truth about why this bill is being rushed through. It was rushed through the Senate, and it is being rushed through the House. It is because the only voice that is being heard by the government is the mining associations'.

What is absolutely outrageous is that the government would limit debate on this bill when, in fact, the very issues we wish to raise are the ones expressed by Yukoners and the Yukon first nations themselves. Ruth Massie, the Grand Chief of the Council of Yukon First Nations, is vociferously opposed to this legislation. Why? It is for two reasons. First, it is substantively eroding their constitutionally entrenched umbrella final agreement and all first nation final agreements that were negotiated between the territories, the federal government, and the first nations. Second, the government is obligated by the Supreme Court of Canada and the Constitution to consult, consider, and accommodate, and it has absolutely refused to hear the concerns of the Council of Yukon First Nations.

Bill S-6—Time Allocation MotionYukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 4:05 p.m.
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Conservative

Bernard Valcourt Conservative Madawaska—Restigouche, NB

Mr. Speaker, this is totally false. The bill was part of a rigorous consultation process with first nations, territorial governments, and industry representatives. Drafts of legislative proposals were shared with stakeholders on several occasions. Comments received on the drafts were carefully considered, and where appropriate, were incorporated in the proposed text—

Bill S-6—Time Allocation MotionYukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 4:10 p.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

It serves the lobbyists who wrote it.

Bill S-6—Time Allocation MotionYukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 4:10 p.m.
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Conservative

Bernard Valcourt Conservative Madawaska—Restigouche, NB

If he would keep quiet, maybe I could get a few words in. The least people can do is be polite. Has he not learned any manners yet?

Bill S-6—Time Allocation MotionYukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 4:10 p.m.
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Some hon. members

Oh, oh!