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 is from 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 has also written a full legislative summary of the bill.

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 Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other S-6s:

S-6 (2022) An Act respecting regulatory modernization
S-6 (2018) Law Canada–Madagascar Tax Convention Implementation Act, 2018
S-6 (2011) First Nations Elections Act
S-6 (2010) Law An Act to amend the Criminal Code and another Act

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.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 5:20 p.m.

Conservative

Mark Strahl Conservative Chilliwack—Fraser Canyon, BC

Mr. Speaker, one of the things I have heard as parliamentary secretary when I have been at either the Association for Mineral Exploration conference in British Columbia or the Prospectors & Developers Association of Canada conference in Toronto is that mining is, proportionately, the number one employer of aboriginal Canadians in the country. It is an industry that employs aboriginal Canadians from coast to coast to coast.

As for the equity participation, those are agreements that need to be reached by first nations governments, proponents, and the territorial government. What this bill would do is bring certainty to the territory to ensure that Yukon has the same regulatory regime as the rest of Canada, which would ensure that investment continues to flow to Yukon as opposed to a withdrawal of that investment, because Yukon has failed to keep pace with the regulatory regimes in the rest of Canada.

The bill would encourage that economic development, which would benefit not only the Government of Yukon but first nations in Yukon as well.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 5:20 p.m.

NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, I heard the Council of Yukon First Nations and the Yukon first nations group asserting that the federal government would be in violation of its constitutional duty to uphold the honour of the Crown if it proceeded with these amendments to the YESAA legislation. This is according to a councillor with the Champagne and Aishihik First Nations.

If the first nations were to bring a lawsuit and the delay that would incur, is there a plan B to deal with the delay that this litigation would cause?

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 5:25 p.m.

Conservative

Mark Strahl Conservative Chilliwack—Fraser Canyon, BC

Mr. Speaker, it is impossible for the Government of Canada to predict what first nations are going to do, how they are going to react. Any individual or government, for that matter, certainly has the right, as the member has said, to bring an action in court. We believe this bill is fully compliant with the umbrella final agreements. All of the legal advice the government has received has said that.

We believe the bill is in the interest of first nations in Yukon. It is in the interest of Yukoners and in the interest of jobs and long-term prosperity for Yukon. That is why we believe it should be passed.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 5:25 p.m.

Conservative

John Barlow Conservative Macleod, AB

Mr. Speaker, I thank my colleague for sharing his time with me tonight.

No government in Canada's history has done as much for the north as ours. From regulatory improvement to safeguarding Arctic sovereignty, our Conservative government has stood by northerners. Bill S-6 is just the latest measure we have taken to ensure the true north remains strong and free. By driving economic development and encouraging jobs, growth and long-term prosperity, Bill S-6 would make sure that Yukon and Nunavut remain attractive places to live, work and invest long term.

Bill S-6 is only the most recent endeavour in our government's plan to improve the northern regulatory regimes. Like all the legislation passed to date under the action plan to improve northern regulatory regimes, Bill S-6 is designed to increase efficiency, clarity and certainty respecting the regulatory processes. At the same time, the act would strengthen environmental protection and enhance consultations with aboriginal people, reaffirming them in their role in this regulatory process.

Let me cite just a few examples to illustrate how Bill S-6 would achieve these objectives. I will start by noting that the act would implement the principle of one project, one assessment. Under the current version of the YESEAA all kinds of small, routine modifications to projects get caught up in time-consuming and costly reassessment processes.

During meetings held this fall by the Standing Senate Committee on Energy, the Environment and Natural Resources, senators heard complaints about this from numerous companies and industry associations. I would like to quote David Morrison, president and CEO of Yukon Energy Corporation from September 25, 2014. He said:

You might get a two-month delay in an assessment process that costs you a year from a construction point of view, because you have missed the construction window. Those things really add up. They add up significantly.

For years there have been calls for a less duplicative and cumbersome review process to evaluate these projects, one that encourages development while also ensuring sound environmental stewardship. This is exactly what Bill S-6 would do.

Consistent with other northern environmental legislation, the act would lead to more predictable and timely reviews, in part due to less duplication and reduce regulatory burden. Going forward, there would be no need for a reassessment, for renewal or modification to a project unless the decision body, or bodies, determine the project has undergone significant change from what was originally assessed.

By retaining the integrity of the initial environmental assessment, but reducing unnecessary duplication, we are protecting the northern environment without resorting to drastic measures, like the job-killing carbon tax the Liberals and NDP favour.

Another example is, Clynton Nauman, president and CEO, Alexco Resource Corp. also told the Standing Senate Committee on Energy, the Environment and Natural Resources, on September 30, 2014, that work was needed to ensure Yukon remains competitive with respect to investment in resource development. He said:

The current uncertainty has had a negative impact on our ability to efficiently plan and operate our business, and by extension, it impairs the competitiveness of Yukon as a jurisdiction to assert certainty in the mine development and production process.

The Fraser Institute's 2014 survey of mining companies confirms this. Since 2011-12, Yukon has fallen from being ranked as the most desirable jurisdiction in the world for mining corporations to invest in, to the ninth. Our government and Yukoners like Clynton Nauman know it is important for Yukon to return to this impressive standing. The measures contained in Bill S-6 would help Yukon regain its previous success.

These measures are essential for the people of Yukon to realize the territory's full potential. It would also meet the needs of investors, developers and employers by providing a clear and predictable assessment process that would allow Yukon to remain competitive in a global marketplace.

As I mentioned earlier, to avoid duplication with respect to environmental assessments in the Yukon, Bill S6 would eliminate the need to reapply for water licences in Nunavut, unless there is a substantive change in the nature of the project. Substantive changes are modifications like diverting the course of a stream, increasing the size or changing the location of a tailings pond, or a large increase in the use of water. Again, similar to the YESEAA amendments found in Bill S-6, this provision would protect the environment without implementing a costly job-killing carbon tax.

Another way Bill S-6 would address the regulatory burden is by providing an extension to the terms of board members under YESAA. This was one of the jointly agreed upon recommendations in a five-year review of YESAA by the Council of Yukon First Nations, the Yukon Environmental and Socio-economic Assessment Board, the Government of Yukon, and the Government of Canada. This will increase predictability and certainty by ensuring that the assessment continues to function smoothly, even as its members transition onto the board.

A further example of how Bill S-6 would reduce duplication is evident in Nunavut. I am referring to amendments related to security arrangements to rectify the situation known as over bonding. Let me first explain briefly what this means and how it relates to posting securities. Securities are monies companies set aside to ensure that at the end of a development project, there are adequate funds to remediate the impact of any project on the surrounding environment. Under the Nunavut Waters and Nunavut Surface Rights Tribunal Act, securities for future remediation of resource development projects that use or impact the water in any way are paid or posted by companies. This money is held in trust by the federal government until the end of that project.

Where a project is wholly or partially on Inuit-owned land, the regional Inuit association can request that additional security be posted for the part of the development on its lands. In some cases, this has resulted in over bonding, meaning that a company is required to provide more security than would be required to remediate a project at its completion. This is a significant disincentive to development and places an undue burden on proponents.

Proposed amendments in Bill S-6 would allow the Minister of Aboriginal Affairs and Northern Development to enter into agreements with Inuit landowners and proponents. These agreements would recommend the amount of security to be posted on a project situated partially or wholly on lnuit-owned land. When the Nunavut Water Board determined the amount of security required to be furnished by the proponent, it would have to take these agreements into consideration. The introduction of security arrangements to address over bonding would help unlock the economic potential of Nunavut by removing a disincentive to investment while ensuring sound environmental stewardship.

Because Bill S-6 would reduce regulatory duplication and the burden on Yukon and Nunavut, it is little wonder that Bill S-6 has earned widespread support among industry groups and northern governments. From the Yukon Chamber of Mines in the west to the NWT and Nunavut Chamber of Mines in the east, from the Government of Nunavut to the Government of Yukon, we have heard both praise and calls to pass this legislation as quickly as possible.

We want northerners to have the ability to drive economic development in the north. Passing this bill would create jobs, growth, and long-term prosperity for the north. This is why I strongly urge all parties to heed this advice and vote with us to move this legislation forward.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 5:30 p.m.

NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, I listened with interest to my colleague's presentation just now. I understand that many in the Yukon, and Yukon first nations as well, are much opposed to this legislation, because it removes the kind of made-in-Yukon YESAA they had in the past. As I understand it, the amendments would allow the Minister of Aboriginal Affairs and Northern Development to provide a binding policy direction to the environmental assessment board.

Mr. Speaker, through you, how does this increase the level of confidence we should have that this is truly for Yukon, Yukoners, and first nations, if the minister gets to tell them what to do?

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 5:35 p.m.

Conservative

John Barlow Conservative Macleod, AB

Mr. Speaker, I think what the hon. member missed in my speech was that this is an agreement between the Government of Canada, the Government of Yukon, and first nations. There is a consultation process to come to these types of agreements. The proposed amendments to the Yukon Environmental and Socio-economic Assessment Act would allow the minister, after consultation with the Yukon Environmental and Socio-economic Assessment Board, to give this binding agreement. However, it would be after consultation with the Yukon Environmental and Socio-economic Assessment Board, and those consultations would have to take place before these agreements were reached.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 5:35 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the member made reference to the importance of consultations that are required to take place going forward, and this is what he is implying. The Liberal caucus has been informed by stakeholders, both directly and indirectly, about the lack of genuine consultation with first nations and other stakeholders in the north.

Does the member not believe that prior to the legislation even coming to Ottawa, there should have been a more thorough and robust consultation so that there was a sense that Ottawa was listening to what was being said up north from the people who would be most affected by this legislation?

There is a great deal of concern and a sense of frustration that the government is just not listening, let alone responding to the need for genuine consultation.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 5:35 p.m.

Conservative

John Barlow Conservative Macleod, AB

Mr. Speaker, I find it interesting that the question is coming from a member of the party whose leader, when he was doing his northern tour, did not even both to stop in Yukon. For him to give an opinion on consultation with Yukon I find quite disingenuous.

In saying there has not been consultation, he is absolutely incorrect. The changes in the bill were the culmination of a five-year review process. As my colleague mentioned earlier, $200,000 was put aside to fund the consultations, and $98,000 has been claimed by first nations as a result of those consultations.

I think there has been extensive dialogue between the Government of Canada and the first nations communities of Yukon, and I think that dialogue will continue.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 5:35 p.m.

Essex Ontario

Conservative

Jeff Watson ConservativeParliamentary Secretary to the Minister of Transport

Mr. Speaker, I should point out with reference to consultation that a duly elected government in Yukon that is responsive to Yukoners is behind this particular measure.

Mining is a long-term investment. It requires due diligence in looking at the factors that would make for a stable investment or a worthwhile investment, so the regulatory environment is clearly very important.

The fact that Yukon is out of sync, if you will, with other jurisdictions right now in being able to have these types of important, straightforward, simple, single-window reviews is critical for them.

I think the member mentioned that Yukon is losing ground in terms of its desirability as an investment location for mining. I wonder if he could comment on that. Is it possible to quantify how much investment is either at risk or has been lost as a result of potential delay in getting to that regulatory environment?

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 5:35 p.m.

Conservative

John Barlow Conservative Macleod, AB

Mr. Speaker, that is exactly right. I think an issue that has been somewhat overlooked in this debate by the opposition is the impact that passing the bill will have on the economy of northerners.

As a matter fact, I mentioned in my speech that the Yukon Chamber of Mines, the Northwest Territories and Nunavut Chamber of Mines, the Government of Nunavut, and the Government of Yukon are all in support of the bill. They understand the importance to their economy and the fact that although Yukon was the number one jurisdiction in the world for mining investment in 2011-2012, it has now fallen down to number nine.

We have to take some very aggressive steps to get Yukon back to where it was before and regain that success as a resource extraction economy.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 5:40 p.m.

The Deputy Speaker Joe Comartin

The hon. member for Churchill.

I would advise the member that she will only have five minutes of debate before the debate terminates.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 5:40 p.m.

NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, what a shame it is that we in the opposition have only about five minutes to speak to a piece of legislation at second reading that is critical when it comes to a specific region in the country.

It is a crying shame that the people of Yukon cannot depend on their member of Parliament to bring forward opposing voices to Bill S-6. While we are honoured to do that, I want to point out that it is the Conservative government that is taking away time, time that we could use to share the voices of the people from Yukon, to share the voices of first nations in Yukon, and instead it has chosen to muzzle and silence them in this House.

It is clear that the people of Yukon have not given the mandate or the authority to the federal government to implement Bill S-6.

Bill S-6 will serve to dismantle YESAA which belongs to the people of Yukon, including first nations. It was developed by Yukoners and for Yukon. Yukoners, including first nations and industry, are now saying that they do not want or need the changes imposed on them by Bill S-6. They are actively campaigning against it in astonishing numbers.

In fact, contrary to the rhetoric we have heard in this House, we know that there have been no public consultations on Bill S-6 at any point by the federal government in Yukon.

It does not enjoy first nations consent. For this reason alone, it is incumbent upon the House not to pass this bill. It is unlawful for the federal government to impose regulations upon a regulatory body, such as the YESAA board without the consent of Yukon first nations.

Grand Chief Ruth Massie said:

This whole process attacks the integrity of our constitutionally protected agreements and Yukon First Nations will stand by their agreements even if it means going to court, they give us no choice. We did not sign our agreements to implement them in the courts but we will protect them.

This speaks to a broader agenda put forward by the government, which is to attack first nations' rights as a result of its failure of consultation and achieving consent, and instead pushing first nations to pursue costly litigation that in some cases is difficult for them to afford, a process that only makes money for federal government lawyers who choose to fight first nations in court.

The people of Yukon and first nations alike are baffled by the content of Bill S-6. Yes, YESAA recently underwent a five-year review through which recommendations were made. However, the four amendments that are the cause of concern appeared nowhere as recommendations in the five-year review. These four changes are contrary to the intent of the land claim agreement and undermine the neutrality of the YESAA process.

Once again, Grand Chief Ruth Massie said:

Yukon first nations have met with the Government of Canada, specifically [the] Minister... of Aboriginal Affairs and Northern Development of Canada have asked them to remove four problematic amendments proposed to the Yukon Environmental and Socio-Economic Assessment Act legislation established in Chapter 11 of the Umbrella final agreement and each final land claim agreement of the eleven Yukon First Nations.

It is not only Yukon first nations that are opposed to Bill S-6, Yukoners have been coming out to public meetings and showing their opposition in public venues in a significant way. It is also industry and members of industry that have been clear in their opposition.

I would like to read into the record a quote from a letter sent by the CEO of the Casino Mining Corporation, Paul West-Sells:

On behalf of Casino Mining Corporation, I am putting forward our company's concerns regarding the fragility of intergovernmental relations in the Yukon surrounding Bill S-6 and the negative impact this is having on the territory's mineral industry. It is imperative for Casino that the Yukon Environmental and Socio-economic Assessment Act has the broad support of all governments in order to ensure the confidence of both project proponents and Yukon Residents in the YESAA process and to facilitate investments in the territory.

So there we have it. I also want to make a final comment with regard to the Fraser Institute report that we keep hearing about. This has been proven to be a flawed report. In fact, the day it became public, the extent to which this report was flawed, the Fraser Institute itself removed its data collecting portion on its website.

Finally, this is about standing in opposition to a federal government that is seeking to silence the voices of northern Canadians and northern first nations in our country. I am proud to stand with the NDP. We are standing with Yukoners and Yukon first nations, and saying no to Bill S-6.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 5:45 p.m.

The Deputy Speaker Joe Comartin

It being 5:45 p.m., pursuant to an order made earlier today, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the second reading stage of the bill now before the House.

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 5:45 p.m.

Some hon. members

Agreed.

No.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 5:45 p.m.

The Deputy Speaker Joe Comartin

All those in favour of the motion will please say yea.