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.


This bill has received Royal Assent and is now law.


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.


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.


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

December 1st, 2014 / 12:50 p.m.
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Yvonne Jones Liberal Labrador, NL

Mr. Speaker, we are sitting here listening to the debate today, and what I am hearing from the NDP side is that it does not want these committees to go out and it does not want to listen to or consult with people. On the other side, we hear the government talking about all the consultation that it is doing, but it is obviously not listening to what people are saying.

I have a question for my colleague from the Northwest Territories. We have consistently seen legislation pass in the House for the territories that has not been supported by first nations and aboriginal groups. What is this doing to relationships between the Government of Canada and first nations and aboriginal governments across the north? What does he see happening here, besides a complete lack of trust in what the government is entrusted with, which is the management of aboriginal treaties and agreements?

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 1st, 2014 / 12:50 p.m.
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Dennis Bevington NDP Northwest Territories, NT

Mr. Speaker, the relationship between aboriginal governments in Canada and the federal government is one that is now approaching litigation at almost every point. It is also one where we see confrontations on the street. We see groups standing up for their rights in the public eye, trying to work out relationships with other groups in society that understand their rights are very important.

First nations have the right to a nation-to-nation relationship with the federal government. That is what the treaties gave them. That is the basis of the relationship of Canadians with first nations.

What we are seeing now is this playing of games and small movements by the government in these cases in the north. On the one hand, the government offered us devolution in the Northwest Territories. On the other hand, it took back things from the first nations. It caused a lot of stress within our society in the Northwest Territories. It created a situation where our territorial government, in order to achieve something, had to go back on its word with the first nations about supporting something else.

The same thing is probably going on in Yukon. The Yukon territorial government understands that there is a relationship there, but it is being forced into taking a position like this, which will actually harm its society in the long run.

I really hope we can work around this, but this is a problem that has been created by the federal government and it is intransigent on these issues.

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December 1st, 2014 / 12:55 p.m.
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Élaine Michaud NDP Portneuf—Jacques-Cartier, QC

Mr. Speaker, I thank my colleague for his excellent speech and also for how well he represents the interests of the people of the north. When I see the work that has been done by the Conservative members, particularly the member for Yukon, I think that the people of that part of the country could do a lot better in terms of representation.

Frankly, I find it strange to hear the member opposite calling for consultations and asking to travel all over the country. His government could have consulted the people of Yukon and the other territories a long time ago. Now he stands up in the House to say that the Conservatives need to go and talk to Yukoners. Why did they not do that before? I do not understand. Furthermore, if they really did do any consultation, absolutely none of the comments they received were included in the bill.

Indeed, this appears to be another attempt by this government to put its own interests and the interests of friends ahead of those of Yukoners. There are many natural resource development projects in Yukon, a territory I have been lucky enough to visit many times. There are some very troubling issues, especially around the Peel River watershed.

The bill currently before us is further proof that the government does not respect the people of the north, including Yukoners. I wonder if my colleague could talk a little more about that.

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December 1st, 2014 / 12:55 p.m.
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Dennis Bevington NDP Northwest Territories, NT

Mr. Speaker, true democracy demands a public process. Everything should be public. That is the nature of it, especially when we deal with the development of our territories.

People who live in the Northwest Territories, Yukon and Nunavut do not have the same rights as other Canadians. Therefore, when it comes to dealing with our rights, our development and our opportunities, it should be one of the most public discussions that take place.

I think I showed in my speech how the previous governments actually understood that. It is the Conservative government that has not done this. I would ask the Conservative-elected MP why he has not conducted public meetings there.

Government policy needs to be put in front of the people. It needs the support of the people. The government needs to understand where they are coming from, as well. By neglecting that, it is neglecting part of the responsibility we have as legislators and as representatives of our constituency. We absolutely have to engage in public process.

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December 1st, 2014 / 12:55 p.m.
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Chilliwack—Fraser Canyon B.C.


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

Mr. Speaker, the member talked about a public process, yet he has confirmed today that the NDP will deny the Standing Committee on Aboriginal Affairs and Northern Development the right to travel to hear, in a public process, from the people of Yukon.

We travelled to the Northwest Territories to hear from his constituents on Bill C-15, so why will the member now deny the constituents of the member for Yukon that same opportunity?

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 1st, 2014 / 1 p.m.
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Dennis Bevington NDP Northwest Territories, NT

Mr. Speaker, let us look at the record.

To this day the government has not had any public hearings in Yukon on this proposed bill. The MP for Yukon has not held any public hearings on the proposed bill. The bill is now in front of us in Parliament. It has been moved through the Senate. We still have not seen the government do any public process in Yukon.

At this point, the government is saying that a particular procedural issue within the House, of which we have many, needs to be solved. I agree, it should be solved by good will on both sides to get this process back to where it was. However, where is the government with its commitment to public process? Where is it on holding public meetings in Yukon. The government is absolutely nowhere.

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December 1st, 2014 / 1 p.m.
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Yvonne Jones Liberal Labrador, NL

Mr. Speaker, I am rising today because I feel it is important to speak to Bill S-6. It is important not only to the Yukon and the people who live there, but also to Canadians.

Bill S-6, the Yukon and Nunavut regulatory improvement act, is one of those bills that we have traditionally seen come to the House for amendments. It is one of those bills whereby there is partly a consultation with people in the region, and then there are sections that are always added by the government for good measure, which often create controversy. In this particular amendment process, through the consultations, there was agreement on substantial portions of change that would occur as part of the bill. However, there were some portions where it did not achieve or did not work to achieve consensus, and because of that, the first nations groups in the Yukon are not supportive of the bill.

As our party's critic for the north, I have had the opportunity to travel across the territories and other northern regions. I have met with many local stakeholders, community leaders, and individuals, and all too often I have unfortunately seen how the government opposite is failing northern Canadians. I have seen it for many years within my own constituency of Labrador, and it is quite evident in all regions across the north as well. The Conservative government has spent the last few years trying to paint a very rosy picture of life in the north. Much of the legislation that it has introduced and pushed through Parliament has been playing along those same lines. Sadly, for those of us who live in the north, we continue to fall behind the rest of Canada, and the federal government has simply turned its back.

Last week, the Auditor General of Canada released a scathing report on the nutrition north program, which was picking and choosing which communities received subsidies based on historical levels of support. Many communities that should have qualified for subsidies received next to nothing or nothing at all. The government has also insisted that all is well with this program and that somehow the average cost of food for the north, based on the northern food basket, has decreased. However, we know that the costs for food in northern regions increased by 2.5% last year.

When I stop at a grocery store, whether it is in Labrador, as I did this weekend, or the territories, the Yukon, the Northwest Territories, or Nunavut, shoppers are always telling me that there is increasing price gouging and that the food subsidies are not being fully passed on to the consumer. I am explaining this in the House today because it is another situation of where people in the north are giving the government one message, and the government is sending back a different message and not listening. That is the conclusion that the Auditor General reached in his report. I am using this as an example because he quantified the fact that checks and balances were not in place, and that the purpose of the program was not meeting the needs of the people in the north, regardless of the fact the government continues to say that it is.

In addition to the bill we have before us today, this past year the government pushed through a number of other bills in the House on behalf of first nations people that were very contentious. When it brought forward a bill on devolution in the Northwest Territories, we know that process was started by previous Liberal governments. The Liberal Party has had a long history of working with aboriginal people and the territories to give them greater autonomy over their lands and territories.

When we dealt with the NWT devolutions, the bill included very sweeping changes to the Mackenzie Valley Resource Management Act, which served to muzzle the voices of aboriginal governments in the Northwest Territories. What it did, in essence, was to give the federal minister greater authority to make decisions in the territory, which does nothing to empower northern Canadians, aboriginal governments, and residents there. Instead, we heard that territorial governments were acting on the will of their constituents, and therefore they should be the ones making their own decisions on issues that will affect the future of their territory, based on their own treaty agreements that they have achieved.

As I will outline shortly, Bill S-6 is taking the same approach that we saw in the bill on devolution for the Northwest Territories. It is a top-down, Ottawa-centred approach to dealing with northerners, especially those in the territories. I have been troubled when I have listened to Canadians in Nunavut and the Yukon speak about how these bills would impact negatively on the work they do and on their region.

With regard to the proposed changes to the Yukon Environmental and Socio-economic Assessment Act, known as YESAA, some background information is important to understand. I want to point out that the Yukon Environmental and Socio-economic Assessment Act was established under the umbrella final agreement between the Government of Canada, the Yukon government, and the Yukon first nations. The act set out an assessment process for all lands in the Yukon.

Responsibility for the management of that land and the resources was devolved from the federal government to the Yukon government in 2003. That is when it was given this authority under what was then a federal Liberal government. I want to point that out because the goodwill that has been built with first nations by previous Liberal governments is being eroded by the current government, in passing legislation in the House that does not respect the rights of first nations, aboriginal governments, and the people in the territories.

The Yukon Environmental and Socio-economic Assessment Act was passed, as I said, in 2003. It was done under the terms of the UFA, as I have already pointed out, the umbrella final agreement. It was a comprehensive review of the act by the parties to the agreement. It was required at that time by the parties, including the Yukon first nations, the Yukon itself, and the Government of Canada, that there would be a review of this within five years of the act becoming law.

That review was completed in March 2012, and at the time the Council of Yukon First Nations, and other groups, voiced many concerns over the government disregarding their input into the review, and subsequently into the finalized documentation. The federal government ignored those concerns, which has left us with the bill before us today in the House of Commons.

My party has always supported accessing resource wealth in the north when it is done right. History has demonstrated that developments can find a way to be environmentally conscience and successful, while also finding trilateral support among aboriginal, territorial, and federal governments, as well as local communities. There is no reason why this cannot continue. Indeed, the only way to move forward with resource development is to work together, not against each other.

This is not just a moral obligation, but I feel it is a legal obligation as well, particularly in regions like the Yukon, which are subject to comprehensive land claim agreements. It is important to remember that the Yukon Environmental and Socio-economic Assessment Act, which this bill would significantly amend, is strictly linked with the 11 Yukon first nation claims and final agreements. We cannot ignore that fact. Unfortunately, despite spending years of working with Yukon first nations on a comprehensive review of the Yukon Environmental and Socio-economic Assessment Act, the federal government blindsided them earlier this year with a number of key changes that are contained in this bill and were not discussed throughout the process.

The minister says there have been extensive consultations, and maybe there were on some aspects of this legislation. However, we know that through Bill S-6, the government is now proposing new measures without having properly consulted, and that has been the opinion of Yukon first nations groups and Yukoners as well. These areas include giving sweeping powers for the federal minister to issue binding policy direction to the assessment board, unilaterally handing over powers to a territorial minister without the consent of first nations, allowing government to approve the renewal or amendment of permits and licences for projects without assessment by YESAA, and newly establishing unrealistic timelines for assessments.

Northerners are tired of the federal government trying to retain the final say on important matters that affect their own region. Just as territorial administrations cannot and should not be based out of Ottawa, the time has passed for this level of interference and the hands-on approach by the minister. The assessment board ultimately loses its decision-making authority, and that leaves the door open for the minister to repeatedly interfere with binding policy decisions. This is what first nations are objecting to.

This bill includes the ability for the federal minister to delegate binding policy direction to a territorial minister, which gives the impression of local engagement. It still means that local communities and aboriginal governments may not be included in the decision-making process. Again, this is wrong.

It is not sound policy for the government to allow permits and licences to be approved or renewed without any secondary assessments. These renewals could seriously impact the environment, regional economies, and local communities. It fails to recognize that, over time, changes may occur to climate, wildlife populations, technology advancement, and so on.

It is important that we maintain the timely reviews that had been a part of the current process. Local stakeholders have been vocal on this point, and I fully agree with their rationale. I have had many emails and letters from people in the area who are opposed to these recommendations that have been added to the bill at this late date. They feel it has been done with no consultation.

The imposition of new timelines has left many people in the Yukon confused over the approach being taken by government. They feel that the current process for lower level assessments has already been quick and efficient, and, for larger projects, it is only reasonable for those assessments to take a little longer. Rushing assessments in this process will only lead the board to make rash decisions in its goal of meeting these new arbitrary deadlines.

Yukoners believe in working together toward a successful territory, which includes all aboriginal governments, territorial governments, businesses, and developers. Unfortunately, the major changes proposed in this bill will serve to further unravel an already damaged relationship between many of these key stakeholders and the federal government.

Yukoners have publicly stated their pride in the effectiveness of the Yukon Environmental and Socio-economic Assessment Board. It was a very proud moment in their history when they were able to achieve that. They are left wondering why the federal government has decided to take unilateral steps to try to fix a system that is not broken. While doing this, it has ignored local communities and aboriginal governments, thinking that this is the best way to continue developing the north. However, we know that is not the case.

We have seen ongoing lawsuits around the lack of adequate consultation in certain regions, which have blocked some developments from proceeding, and resource revenues have been slowed dramatically. If the government persists in ramming these changes through, it will be creating more legal uncertainty and jeopardizing development in the territory.

Time and again, the courts have sided with aboriginal people regarding constitutionally required consultation, yet the Conservative government has continued to wilfully ignore aboriginal rights and pursued a pattern of litigation rather than consultation.

The Council of Yukon First Nations has made it public that the passing of the legislation before us would lead it to consider legal action. On the other side, business and developers have also found the current unilateral moves by the government to be negative for their advancement. They understand the requirement to ensure that the aboriginal governments and communities have a prominent seat at the table. The government should not have to be told this by developers.

We have seen many major projects move forward in the north and in the territories because of good relationships between aboriginal and first nations and the business community. However, the government would now play interference and be blocking a system of negotiation and decision-making that is already working.

The approach that the government is now taking will lead to unnecessary delays, increased costs, and the further erosion of trust, and because of Bill S-6, the mistrust of the people of the north with the federal government will become even more entrenched.

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

In Nunavut, we see the government proposing changes to the Nunavut Waters and Nunavut Surface Rights Tribunal Act, which would not benefit the territory. The allowing of “life-of-project” water licences in the Nunavut Waters and Nunavut Surface Rights Tribunal Act would not allow for reassessments should the need arise, which is very important.

We are in an ever-changing society. The northern regions, despite what the Minister of the Environment claims, are dealing with traumatic factors relating to climate change. There should always be opportunity for reassessment by the people in these areas when it comes to these particular licenses that are being issued today, especially if significant changes to a project should occur or there are other defining factors that could affect the project or the previous decision made by the people of Nunavut.

The introduction of timelines for a water licence review is very troubling to the people of Nunavut and to many others who would be affected. As it is with the Yukon portion of the bill, the timelines would rush assessors and projects into finishing reviews that in all likelihood would require additional time. The measure would essentially invoke closure on an important review process.

We have seen the current Conservative government invoke closure on many bills in the House when it has not wanted to continue debate. Again, the Conservatives would bring forward measures that could invoke closure on very important reviews that should be ongoing by the first nation communities that are affected.

We need to ask and understand why these reviews take the time they currently do. What would we lose by dramatically cutting the length of time available for a review? I am not satisfied that the government has made the case for this or justified it appropriately.

The government is proposing sweeping changes in Bill S-6, which local aboriginal governments and communities do not want enacted and who have been vocal about the negative impact these changes would have on the future of Nunavut and Yukon Territory. However, instead of listening to these concerned groups, as is legally mandated, the government has repeatedly refused to make any changes or include any stakeholders in the review process. This is disrespectful of the territories and its people.

I would strongly encourage the government to make sweeping changes to the bill if it is seeking support from the House. There is an opportunity here for the government to make the appropriate changes and to do so in respect of the aboriginal people and the people of Yukon Territory who would be impacted by the bill. I encourage the Conservatives to build good relations with our first nations people and work co-operatively with them.

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December 1st, 2014 / 1:20 p.m.
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Ryan Leef Conservative Yukon, YT

Mr. Speaker, I would like to thank my colleague, whom you quickly confused with being from the Yukon but who is from Labrador, for her remarks today.

I have two questions for her. First, there has already been testimony and a study of this in the Senate. We have heard from witnesses there. The Senate concluded that the bill ought to move forward, and that was done with Liberal senators, or Senate Liberals, or whatever they are calling themselves now. The Senate had the opportunity to hear the evidence, which we will have an opportunity to do at second reading. When it goes to committee, we will have the opportunity to hear from Yukoners so that we can make an assessment based on all opinions, not just a narrow, focused opinion.

The Senate had that opportunity, and the member's colleagues, the Liberal senators, moved this bill forward. I wonder if she is positing then that they did not do their job right. If that is the case, my concluding question for her is if she will support travel to the Yukon so that we can hear all sides of this issue in our territory from the great people of Yukon. We can get a balanced perspective of what the people's needs are on this important piece of legislation.

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December 1st, 2014 / 1:20 p.m.
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Yvonne Jones Liberal Labrador, NL

Mr. Speaker, first of all, the legislation should have come here before it went to the Senate. It disappoints me that it was done the other way.

However, how those in the Senate vote is entirely up to them. I feel that I am entitled to vote as I feel. From the consultation that I have had with Yukoners and aboriginal groups and first nations governments in Yukon, I feel that they have a very legitimate point. These changes, which were slid into this bill unexpectedly by the government, would not do anything to enhance or benefit the ability of first nations to have control over developments in their own areas and to have adequate input.

I have always stood for good relations with our aboriginal peoples in this country. I really feel that developments move ahead and all people benefit when there is good dialogue and good relationships. The Conservative government has not fostered that. In fact, it has fuelled it by not following a process of respect and understanding.

In terms of consultation and going to Yukon, I have absolutely no issue with that. I support it 100%. In fact, we should have been in the Yukon consulting with people before this bill came to the House, instead of having the chiefs and leaders of first nations have to come here to meet with us on the day the bill was called for debate.

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December 1st, 2014 / 1:20 p.m.
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Dennis Bevington NDP Northwest Territories, NT

Mr. Speaker, I would like to thank my colleague for her presentation on this bill. Coming from a northern region, I know that she has the same concerns about protecting the people and the land from changes that they do not want, and allowing the people in the north to make valid decisions about how changes should happen. This is what is at stake here.

We are talking about a public process here. We look at the past record, where the government took the time to meet and engage with communities right across Yukon on the original bill. It had public hearings on these original bills, prior to the bill going before the House of Commons.

This is the relationship that we have now. The bill has gone through the Senate. The government has hardened its position on the bill that has been created. Now the government thinks that by going and giving people in Yukon Territory five minutes to speak to the bill, one after another in committee, and maybe giving them an hour or two for debate on it, that it is somehow going to replace the process that the government should have gone through years ago.

What does my hon. colleague think about this process, which is already flawed?

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December 1st, 2014 / 1:25 p.m.
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Yvonne Jones Liberal Labrador, NL

Mr. Speaker, I agree with my colleague from the Northwest Territories that government has a responsibility to hold appropriate public consultations and to discuss changes that are coming forward in legislation with the people who are impacted.

However, I also feel that as parliamentarians who are part of a committee, we also have an obligation to do that as well. When we do that is always up for debate. I feel that consultation before legislation is always better than consultation after legislation.

The other point I want to make is that if the government is going to Yukon to consult without listening to people and without wanting to make changes to the bill, what is the point? What is the point in bringing Yukoners before a committee of people, when the majority has no interest in making changes to start with?

What I would suggest is that any consultation needs to be done with an open mind and with a level of understanding that they are going there to make things better so that changes can be made to benefit all people, and not just for the government to say that it was there. That is not the point.

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December 1st, 2014 / 1:25 p.m.
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Sean Casey Liberal Charlottetown, PE

Mr. Speaker, my seatmate, the member for Labrador, has been in politics for in excess of two decades and has represented the interests of northern and aboriginal Canadians at three levels of government. I know that members probably find that hard to believe, that someone this youthful looking could possibly have had such a long career in politics already, but it is in fact the case.

The member is a very influential and strong voice within our caucus, bringing forward the interests of aboriginal and northern Canadians. My question for her is a general one.

The member talked about the deterioration in the relationship between northern and aboriginal Canadians and government and how there is now constant talk of lawsuits and the lack of consultation. My question for the member, based on her years of experience at all three levels of governments, is how it has come to this. How has the relationship so deteriorated? What is necessary to bring back a positive, trustful relationship?

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December 1st, 2014 / 1:25 p.m.
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Yvonne Jones Liberal Labrador, NL

Mr. Speaker, trust is always earned.

What we have seen over the last couple of years is that trust is not being earned by the existing government. I will cite some examples.

We have seen the erosion of the tribunal process for aboriginal first nations in this country, a process whereby they could go and make appeals. We are seeing that process lagging behind. Why? It is because the government no longer sees first nations' concerns as a priority to be dealt with.

When we dealt with the bill on the Northwest Territories that proposed changes to resource development there and the role that aboriginal governments would play in that particular capacity, the first nations were not satisfied. They went to the government and appealed. They wanted change. They were very vocal about the change they wanted, and yet they were ignored.

Again we are seeing it happen right here in the Yukon, where first nations groups feel that these changes are not going to do anything to protect their rights.

We live in a country that has prided itself on negotiating land claim agreements and treaty rights with first nations and aboriginal people. In fact, today, in Nunatsiavut, we are celebrating. This is the celebration date for our self-government in the Inuit territory region.

These agreements are done in good faith. They should be honoured and respected in that way. There is always a way to come to consensus, but it will not happen if the willingness is not there to make it happen. What I am seeing from the government opposite is consultation on pieces that it knows are not controversial, and when it comes to pieces that are somewhat controversial, it takes the power out of the hands of first nation people. It does not consult. It just slides the changes into the legislation at the end of the day.

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December 1st, 2014 / 1:30 p.m.
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Ryan Leef Conservative Yukon, YT

Mr. Speaker, as the member of Parliament for Yukon, it gives me a great deal of pride to stand here today and speak in support of Bill S-6, the Yukon and Nunavut regulatory improvement act.

No doubt we will touch on this through some of the questions that are asked, but the member from the Western Arctic rose in the House to talk about public hearings and by implication was making the suggestion that I as a member of Parliament for Yukon have not had public consultation, simply by defining it as a public hearing. I can certainly say that since being elected in 2011, I have met with stakeholders, be those first nations or chiefs individually or as a collective group; with industry as stakeholders, or individuals from it; with government folks; and with citizens.

I heard my colleague from Labrador talking earlier in her address about talking to people in grocery stores. In small northern communities, a lot of time that is how discussions and consultations bear fruit. It is by informal discussions where we take the opportunity to meet with people. We give them the time, hear their concerns, provide them with information on the bills and things that are moving forward in Parliament, and we note their concerns and bring them forward. I have always had the opportunity to bring those concerns forward to any minister on any of the topics.

Before I begin to talk about the specifics of the bill, I want to acknowledge and thank the Yukon first nations leadership, who have come all the way to Ottawa. They have travelled very far to be here to participate and hear members of Parliament from all sides of the House speak about this important bill and the topics that we are here to debate.

I am also pleased that they recognize the importance of this legislation to first nation communities. It was great to have met with many of them this morning alongside the minister and to hear their concerns directly.

Many of those concerns I have heard through the evolution of the bill. For months now, we have had the opportunity to talk about some of the direct concerns they have and talk about some of the changes in Bill S-6 that actually are beneficial and that we have found consensus on and want to move forward with.

I believe the meeting was productive this morning. It is always great to hear concerns, of course, in true northern tradition and in Canadian tradition.

As the minister pointed out in the House, we may not always agree, but we always respect each other's views, and it is clear that we share the same desire for a prosperous, healthy, and sustainable territory that will benefit all Yukoners, aboriginal and non-aboriginal alike.

Bill S-6 would amend the Yukon Environmental and Socio-economic Assessment Act, commonly referred to as YESAA, which would impact all Yukoners. For the benefit of any colleagues who may not be familiar with the legislation, YESAA governs the environmental and socio-economic assessment process in our territory. The intent of the legislation is to protect and promote the well-being of Yukon first nations persons and their communities and Yukon residents generally, as well as the interests of other Canadians.

Just as importantly, the legislation also seeks to protect the environmental and social integrity of the Yukon while fostering responsible development in the territory that reflects the values of Yukoners and respects the contributions of first nations.

When YESAA was first put in place in 2003, as required under the Yukon Umbrella Final Agreement, it was considered state of the art. In concert with devolution, it has certainly served our territory well. I attribute this success to several factors.

First, YESAA respects the co-management structure of the Umbrella Final Agreement among Yukon first nations and governments of Canada and Yukon. This means that the interests of all parties are taken into consideration during the decision-making process.

In addition, the federal government provides significant funds annually to Yukon first nations government to participate in the YESAA process. Last year alone, Yukon first nations received $1.7 million to participate in the process, and YESAA itself received $5.7 million to conduct its important work.

Perhaps most importantly, as a result of devolution Yukoners now have greater control over their own resources and decision-making, and the impact of this control can be profound.

Yukon's unemployment rate is well below the national average. Even more impressive, our territory has had nine consecutive years of real GDP growth. That is primarily due to private sector investments, especially in the mining sector.

As proud as a Yukoner must be with this progress, the current system does require improvement in order to ensure that Yukon remains an attractive and competitive place for investment. However, as a result of regulatory improvements in other Canadian jurisdictions, Yukon now runs the risk of lagging behind. The premier of our territory stated, we desire to ensure that the Yukon continues to be a progressive and responsible place to invest and to do business and an even better place to live.

Bill S-6 proposes reasoned and practical amendments to YESAA following nearly seven years of consultation. These amendments would not only ensure the territory remains competitive in comparison with other jurisdictions in Canada but would also strengthen environmental protection standards.

Under YESAA currently, every single project that requires permitting in Yukon must go through an assessment before a project receives the green light to proceed, including changes to existing projects. This includes everything from a septic tank to a winter road to subdivisions to larger projects like placer mining or projects in copper, gold, and ore mines.

The legislation would also establish the Yukon Environmental and Socio-economic Assessment Board, or YESAB, which is responsible for conducting these assessments and providing recommendations that would eliminate or mitigate significant adverse effects. Depending upon the proposed project's size, type, and complexity, an assessment can take place at three different levels.

The first is the designated office evaluation. The majority of assessments are conducted in the six community-based designated offices. which that are located in Dawson City, Haines Junction, Mayo, Teslin, Watson Lake, and Whitehorse.

The second process can be an executive committee screening. The executive committee of the board will assess larger projects that are submitted to it directly or are referred to it by a designated office.

Third is review by a panel of the board. A panel of the board may be established to assess projects that, for instance, have the potential to have significant adverse effects, are likely to cause significant public concern, or involve the use of controversial technology.

Thus far, a panel review has never taken place in Yukon.

In 2013 and 2014, a total of 165 projects were submitted for assessment; of those, 163 were reviewed by a designated office and two were subject to an executive committee screening. Many of these projects were related to community infrastructure projects, such as roads, residential development, water, and waste sites.

In 2013-14, the Whitehorse designated office, as an example, assessed 26 projects. Land development made up approximately half of the submissions, followed by utility, which made up a quarter of the submissions. Other submissions were related to solid and contaminated waste, geotechnical investigations, forestry, and scientific research. The remaining projects were related to industrial and commercial mining or energy projects.

Unfortunately, it seems as though some confusion has arisen with respect to some of these amendments. Let me deal with a couple of these head-on.

Amendments in Bill S-6 would not in any detract from the board's independence. YESAB would remain an impartial and independent arm's-length entity responsible for making recommendations to decision bodies. A decision body is set out in the legislation and can be a federal, territorial, or first nation or agency that regulates and permits the proposed activity. A decision body can accept, reject, or vary a YESAB recommendation. It would not change the fact that YESAB is a co-managed process wherein first nation participation is guaranteed through having one of three members on the executive committee and three of seven members of the YESA Board, nor does anything in Bill S-6 deviate from the Yukon Umbrella Final Agreement or infringe upon aboriginal or treaty rights.

The Minister of Aboriginal Affairs and Northern Development addressed this concern this morning when he spoke to the committee. He said that there is absolutely no justification for this concern, because the Yukon umbrella agreement continues to remain the law of the land.

First nation rights are not diminished at all. In fact, the protection for these rights may be found in five legally constituted documents of Canada: the Constitution, under section 35; the Yukon umbrella agreement; the Yukon First Nations Land Claims Settlement Act; the Yukon devolution transfer agreement; and the Yukon Environmental and Socio-economic Assessment Act itself.

This legislation is designed to make common sense amendments to the legislation that arose out of the five-year review of YESAA mandated under the Umbrella Final Agreement. One such amendment would be that the Canadian Environmental Assessment Act of 2012 would no longer apply in the Yukon. This would ensure that YESAA, which has many of the same features as the Canadian Environmental Assessment Act of 2012 but was designed especially for the Yukon, would be the only environmental assessment process to apply in our territory.

Another amendment stemming from the five-year review was also to allow a member whose term has expired and who is participating in an executive committee screening or review of a panel or board to continue to act as a member for the purpose of completing the screening or review until the documents are issued.

At the same time, it would strengthen environmental protection by ensuring that designated offices are obligated to consider the need for effects monitoring when conducting an evaluation. It would also allow decision bodies, including first nations, to impose more stringent terms and conditions than required by a YESAA recommendation. Previously, decision bodies could only accept or reject recommendations; now they would be able to modify them by making conditions more stringent.

It would also reduce duplication for project reviews by implementing the principle of a one project, one assessment timeline and would implement several amendments arising out of our government's action plan to improve northern regulatory regimes. It would introduce beginning-to-end time limits for environmental assessments consistent with time limits effective in the Northwest Territories and under the Canadian Environmental Assessment Act of 2012.

According to the board's annual report, among the designated offices' evaluations, the median number of days spent in the adequacy stage equalled 19 and the median number of days in the seeking views and information stage equalled 20. The total median number of days it took to complete an assessment in 2013-2014 from proposal submitted to recommendation sent, including proponent time, was 55 days. Clearly, in many instances the board is already doing great work in meeting all of these timelines. This is also something that we heard clearly through the consultations.

However, that is not always the case, and Bill S-6 is designed to ensure that all projects are subject to legislated beginning-to-end timelines to ensure consistency across jurisdictions and to provide greater certainty to proponents, aboriginal groups, and governments. This amendment received significant support from Clynton Nauman, president and CEO at Alexco. When he testified at a committee hearing of the Senate, he said:

We support time limits for both the adequacy and assessment stages of the YESAA process. I can give a simple example of Alexco's experience. Over the past five years, Alexco has undergone the environmental assessment process — the YESAA process — four times, specifically for mine development and mine operations purposes.

Another amendment would ensure that approved projects that have not been modified do not need to go through a new environmental assessment for a licence or a permit renewal unless they undergo a significant change. For example, mining projects already granted approval are currently subject to new environmental assessment simply because a water licence or a land authorization needs to be renewed, even where there has been no change at all to the project. This has created an uncertain investment climate and generates significant additional work for all parties involved.

There would be an ability for the Minister of Aboriginal Affairs and Northern Development to provide policy direction to the Yukon Environmental and Socio-economic Assessment Board in order to ensure a common understanding between the government and the board. I would like to emphasize that this legislation specifically states that this power could not be used to influence a decision on a project or restrict or expand the powers of the board. That point is worth reiterating: this part of the legislation would not be used to influence a decision on a project or to restrict or expand the powers of the board.

Finally, the ability of the Minister of Aboriginal Affairs and Northern Development to delegate certain powers under YESAA to the territorial government supports our northern strategy of improving the devolution of northern governance.

I want to also point out that the amendments we see in the Yukon and Nunavut regulatory improvement act have been enriched by Yukoners' input. The Council of Yukon First Nations and other aboriginal groups were deeply involved in the development of the original YESAA, which came into effect in 2003. They were active participants in the five-year review process that informed the current legislative proposals. The development of the terms of reference for the five-year review began in December 2006 and was completed in April 2008, at which time the review commenced. The cost of the review was just over $650,000, not including federal official time and resources over the five-year review process.

In December 2012, after the completion of the five-year review, the passage of the amendments to CEAA and the announcement of the action plan to improve northern regulatory regimes, the Yukon government requested additional amendments to YESAA to ensure consistency across all regimes, including policy direction and the authority to delegate powers to the territorial minister.

While these amendments were not discussed as part of the five-year review, Aboriginal Affairs and Northern Development Canada consulted with Yukon first nations in 2013 and 2014. The first draft of Bill S-6 was shared with the Yukon first nations for review and comment in May and June 2013. Formal consultation sessions followed, which provided the opportunity for first nations to learn about the proposed amendments, voice their concerns, and make recommendations on how to improve the proposals.

Feedback that was received informed a subsequent draft of the legislation, which was shared with first nations in February 2014. More consultations and opportunities for written feedback followed. I can confirm that continued opportunities for consultation and written feedback are ongoing to the present day. While there are some significant areas of disagreement, it does not mean that consultation was not done or was inadequate. As the minister articulated, it is Canada's belief that it met its duty to consult and that it accommodated where appropriate.

Input received helped to shape the current version of the bill. For example, the legislation was amended at the request of Yukon first nations to explicitly require that the interests of first nations be taken into consideration when conducting an assessment of a project. Funding has been made available to aboriginal groups each step of the way to ensure that they could participate in the many consultations that were held. In addition to this extensive process, aboriginal groups and Yukoners are also participating in the parliamentary review which is currently under way.

At this point, I would strongly urge the New Democratic Party to support the call I have made to take the committee to the Yukon. I was happy to hear that the Liberal Party has confirmed its support for the committee to travel to the Yukon and get input from the people in the territory on exactly what they would like to do. I hope that the past year-long practice of the NDP obstructing committee travel ceases for the purpose of this important piece of legislation.

The bill has, of course, been subject to significant debate already in the Senate, and the Standing Committee on Energy, the Environment and Natural Resources heard from numerous witnesses from the Yukon. At the end of the study in the Senate, both Conservative and Liberal senators endorsed the bill unanimously. The Senate committee has recognized the importance of the bill for development and investment in the Yukon. In fact, Liberal Senator Grant Mitchell, the opposition critic on the bill, spoke in favour of the bill, stating:

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.

I think that we will find, after the process of reviewing this bill in committee, coming out and summarizing it in third reading, that in fact this bill will have a very good chance of accomplishing what it has set out to accomplish.

The rhetoric from the NDP suggesting that this is supported by just the Conservatives is not factual.

Now that the bill has passed the Senate, it will be reviewed in the House of Commons, and Yukoners will have one more opportunity to provide input to this bill at the House committee. Again, I am urging the committee to travel to the Yukon to hear directly from Yukoners. I invite all Yukoners, as I always have, to provide written comments, to reach out to my office if they would like to learn more about the bill, to talk to me, and to express their concerns. Indeed, on a daily basis, I receive comments from the territory that are compiled, assessed, and reported directly back to the minister. That will be ongoing, in my role and responsibility as Yukon's member of Parliament.

I hope that we can collectively move together to review this piece of legislation with a balanced approach, considering all of the complexities and diversified interests that exist in the territory, with the main objective that I outlined at the beginning of my speech, for a better Yukon and a strong environmental process that respects all Yukoners' needs, including those of our first nations.

I would like to thank them once again for coming to Ottawa to participate in this very important debate.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 1st, 2014 / 1:50 p.m.
See context


Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I listened with interest to the speech by the member for Yukon. I want to indicate clearly in this House that the New Democrats have signalled, through our House leader, our interest in travelling to the Yukon. We will leave it to the House leaders to sort out whether that will happen.

The member talked about consultations with first nations. A myth has been put out there that first nations have been consulted over the past seven years. The Yukon first nations have said that is not true, that they were not consulted on the amendments to YESAA under Bill S-6, and that many of these issues were never raised with them. The amendments of concern include giving binding policy direction to the board, handing powers over to the Yukon, imposing maximum timelines for assessments, and not requiring assessments when a project is renewed or being amended.

When we talk about consultation, that means providing all of the necessary information in a timely fashion to all of the parties. Therefore, I wonder if this member would clarify for the House if he feels that the Yukon first nations were given sufficient information and sufficient time to adequately consider the amendments that are proposed.