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 the Library of 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
S-6 (2009) An Act to amend the Canada Elections Act (accountability with respect to political loans)
S-6 (2007) Law An Act to amend the First Nations Land Management 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.

Motions in AmendmentYukon and Nunavut Regulatory Improvement ActGovernment Orders

May 25th, 2015 / 12:45 p.m.

NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Mr. Speaker, New Democrats share the concerns that my friend has raised about consultation or the lack of it, but what is a little surprising to me is that the people of the north were asking for the Senate committee to go there for consultations, but the Liberals in the Senate did not support it. I am wondering if the member could enlighten us as to why.

Motions in AmendmentYukon and Nunavut Regulatory Improvement ActGovernment Orders

May 25th, 2015 / 12:45 p.m.

Liberal

Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL

Mr. Speaker, the member will have to ask those particular senators.

Motions in AmendmentYukon and Nunavut Regulatory Improvement ActGovernment Orders

May 25th, 2015 / 12:45 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the leader of the Liberal Party has been a very strong advocate for the economic and social development in northern Canada. My question to my colleague is with regard to the importance of having that development, the impact it would have not only on today's generation but on future generations, and how important it is that we not only work with people who live in the community but actually listen to what they are saying, because they have the first-hand experience and are on the ground. If we do the job right the first time, everyone in Canada would win.

I wonder if the member would like to comment on the importance of working with people.

Motions in AmendmentYukon and Nunavut Regulatory Improvement ActGovernment Orders

May 25th, 2015 / 12:45 p.m.

Liberal

Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL

Mr. Speaker, there has been some talk lately about devolution, not only in Bill S-6 but also in Bill C-15. We talked about the devolution of powers to communities. In order to truly devolve powers so that it is fundamentally good for the communities, the communities have to be involved and feel that they are part of the process, whether it is government to government or trilaterally, as the member for Labrador pointed out.

Finally, I would like to point out a statement from Mr. Hartland, of whom I spoke earlier and who is with the Yukon Chamber of Mines. He said:

...as an industry organization we would be remiss if we did not articulate a concern from industry that the erosion of intergovernmental relations among parties...over Bill S-6 is creating a level of uncertainty that affects the attractiveness of Yukon as a jurisdiction to invest in.

This particular individual is on the ground. He is in the chamber in Yukon and knows whereof he speaks.

Therefore, as my colleague points out, if we are devolving powers to a group of people, we should probably do it in a manner that suits the people receiving the devolution.

Motions in AmendmentYukon and Nunavut Regulatory Improvement ActGovernment Orders

May 25th, 2015 / 12:45 p.m.

Conservative

Earl Dreeshen Conservative Red Deer, AB

Mr. Speaker, it is an honour to speak to this legislation. After years of review and consultation with first nations and other northerners, with the legislation proposed in Bill S-6 we can now move forward with improvements to northern regulatory regimes. These improvements will yield long-term benefits for individuals and businesses in Yukon and Nunavut.

I am a strong believer that northerners should benefit from the tremendous natural resources found in their region. Bill S-6 contains critical amendments to northern regulatory regimes that would ensure that northerners benefit from their resources. These amendments would bring both Yukon and Nunavut's regulatory systems in line with that of the Northwest Territories and the rest of Canada. This would ensure that the territories remained a competitive and attractive place to work, live, and invest for generations to come and that northern families had opportunities to grow and prosper.

I want to focus on several changes in Bill S-6 that would modernize the Yukon Environmental and Socio-economic Assessment Act, called YESAA for short, which would enable us to make progress on both fronts.

The goal of the proposed legislation is to consider the potential effects that proposed development could have on Yukon's environment, people, communities, and economy.

The Honourable Darrell Pasloski, Premier of Yukon, said:

...it is becoming increasingly clear that changes to this legislation before you today are essential in order for Yukon to remain a competitive place to do business.

This work is overseen by the Yukon Environmental and Socio-economic Assessment Board, whose mission is to protect the environmental and social integrity of Yukon while fostering responsible development in the territory, responsible development that reflects the values of Yukoners and respects the contributions of first nations.

I would like to focus my remarks today on one portion of the bill. It is the provision that would allow the Minister of Aboriginal Affairs and Northern Development to issue policy direction to the YESAA board.

The proposed legislation would enable the minister, following consultation with the board, to provide binding policy direction with respect to the exercise or performance of its powers, duties, or functions. This has raised concerns in some quarters that it would give the federal government authority to impose its own policies on projects on first nation settlement land. I can assure members that this is not the intention of the amendment nor the way it has been used in practice. In reality, policy directions have been used to add clarity and to ensure that all parties are on the same page with respect to existing laws.

The reason the change is being proposed is to ensure a common understanding between the Government of Canada and the board. For example, the minister could use policy direction to communicate expectations regarding the use of new technologies to mitigate environmental impacts or expectations regarding roles and responsibilities related to aboriginal consultation. This clarification would reduce uncertainty and delays in environmental assessment decision-making.

In recognition of the board's independence, there would be strict limits on the minister's ability to provide policy direction. To be precise, policy direction would have to be consistent with YESAA and with the Umbrella Final Agreement. In fact, YESAA states that first nations' final agreements will prevail in the event of an inconsistency or conflict. Furthermore, policy direction could not interfere with active or completed reviews, again because the board operates at arm's length from government.

To be clear, policy direction could not change the environmental assessment process itself. In fact, Bill S-6 explicitly states that policy directions do not apply to project proposals that have already been submitted to the board.

It is also important to note that the ability to issue policy direction is not without precedent. In fact, the Minister of Aboriginal Affairs and Northern Development already holds the ability to issue policy direction to the Mackenzie Valley Land and Water Board in the Northwest Territories. With respect to this board, policy direction has only ever been used four times, and each time it was to ensure that the board respected and upheld interim agreements the Government of Canada held with aboriginal groups.

In short, policy direction has only been used to provide additional protection for aboriginals.

Clearly, this is an important amendment to Bill S-6. The ability to ensure a common understanding by the government and the YESAA board, particularly with respect to aboriginal rights, is essential. Unfortunately, the opposition would remove this power from the bill.

This government understands the importance of protecting aboriginal rights, which is why I strongly oppose Motion No. 10, and I would encourage the rest of the House to join me in rejecting it.

A second, related feature of this proposed legislation I want to comment on is the delegation of federal powers to the Government of Yukon. The Umbrella Final Agreement defines government as:

Canada or the Yukon, or both, depending upon which government or governments have responsibility, from time to time, for the matter in question.

The delegation of federal powers to the Government of Yukon is consistent with the final agreements and with the governance regime in Yukon post-devolution. In fact, section 2.11.8 of the Yukon Umbrella Final Agreement states:

Government may determine, from time to time, how and by whom any power or authority of Government or a Minister set out in a Settlement Agreement...shall be exercised.

Moreover, the principle behind this delegation, that decisions about northern governance are best made in the north, is consistent with our government's northern strategy. In fact, just last year, our government brought into force Bill C-15, which devolved all responsibility for lands and resources out of Ottawa and back to the territorial governments.

This, in short, is why I believe that the ability to delegate authority to the Government of Yukon is an integral component of Bill S-6 and why I am so disappointed to see the Green Party oppose this clause. I strongly oppose the passage of that motion, and I hope that all members of the House join me in voting against it.

The opposition actually supported that initiative when it was before the House, but now they are opposing the very same principle when implemented in the Yukon.

I remind my hon. colleagues that the amendments to YESAA proposed in Bill S-6 address agreed upon recommendations from the five-year review or have been directly requested by the Government of Yukon so that the act can better serve all residents of Yukon, aboriginal and non-aboriginal alike. As well, the proposed amendments incorporate suggestions made during the various rounds of review and consultation.

I also want to underline that all parties have improved the legislation before us during the years of consultation and I want to reinforce that the legislation in no way compromises the integrity of YESAA or conflicts with the provisions or nature of the Umbrella Final Agreement.

For these reasons, government members are confident that Bill S-6, including the carefully constructed amendments to introduce policy direction and delegation in YESAA, fully considers the needs and interests of all northerners.

I strongly believe that the ability of the Minister of Aboriginal Affairs and Northern Development to issue policy direction to YESAB and to delegate authority to the Government of Yukon is an essential portion of this bill. Unfortunately, the opposition would like to see both clauses removed. I am asking all hon. colleagues to join me in defeating the motions and moving Bill S-6 forward as it stands.

Motions in AmendmentYukon and Nunavut Regulatory Improvement ActGovernment Orders

May 25th, 2015 / 12:55 p.m.

Conservative

David Wilks Conservative Kootenay—Columbia, BC

Mr. Speaker, I thank the member for Red Deer for his speech, for everything he is doing on aboriginal affairs, and for how he is moving this file forward.

I wonder if the member could explain to the House how this will improve economic development in Yukon as this bill moves through the House.

Motions in AmendmentYukon and Nunavut Regulatory Improvement ActGovernment Orders

May 25th, 2015 / 12:55 p.m.

Conservative

Earl Dreeshen Conservative Red Deer, AB

Mr. Speaker, I had the opportunity a number of years ago, when I was first on the aboriginal affairs and northern development committee, to go to the north. We were in Iqaluit, Yellowknife, and Whitehorse. I had a chance to speak to different groups and different organizations.

The study was on barriers to development in the north. While we were there, this was one of the key, important features people were talking about. They said to give them that opportunity. They said that they had great entrepreneurs there and did not want to be held back. They wanted to be able to have the same advantages as the people south of 60. It was so important for them to be able to do that to help their families.

When we were talking to folks about what these barriers were, these were some of the key components that were being brought forward.

Motions in AmendmentYukon and Nunavut Regulatory Improvement ActGovernment Orders

May 25th, 2015 / 12:55 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, we recognize the importance of economic development. I have made reference to that in previous questions. It is something we want to see. However, we also recognize the important role the community itself plays.

Can the member provide some thoughts on the importance of trying to build consensus and whether he genuinely believes that consensus was achieved, given the amount of resistance coming from the community, from what I understand, at the ground level and the many stakeholders being somewhat critical? The aboriginal people and other communities have been very vocal about a number of concerns in regard to the legislation. To what degree does the member believe that the government was able to achieve an actual consensus?

Motions in AmendmentYukon and Nunavut Regulatory Improvement ActGovernment Orders

May 25th, 2015 / 1 p.m.

Conservative

Earl Dreeshen Conservative Red Deer, AB

Mr. Speaker, of course, as the member knows, the consultations were all consistent with the Umbrella Final Agreement, so all of the discussions were taking place within that framework.

I remember earlier that the parliamentary secretary was speaking of the $100,000 that was there to help the consultations take place. Critical to this, as well, is recognizing that the Government of Canada, as far as policy directives are concerned, has been in support of our aboriginal groups in the north. That is a critical component. Sometimes we hear that we are giving this opportunity for other things and for negative things to occur, because it is easier to talk that way. However, when we look at the practicality and the actual things the government has been doing with the northerners, it has been to protect. Whether it has been environmental issues or aboriginal wishes and concerns to help their communities, there has been great support from our government.

Motions in AmendmentYukon and Nunavut Regulatory Improvement ActGovernment Orders

May 25th, 2015 / 1 p.m.

NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, it is with pleasure and a certain amount of emotion that I speak to Bill S-6. My heart has a soft spot for Yukon and its people.

In 1976, I first went to Yukon to undertake a study on the feasibility of expanding youth hostels. For those of us who remember the late 1970s, it was a time of youth migration across this great country. My task was to see if we could set up a network of centres or hostels to accommodate these young people. That was my first opportunity to visit this magnificent area of Canada. I went for a few months and stayed for five years, perhaps the happiest and most rewarding of my life.

My next job involved working with the Yukon recreation branch, which at that time came under the Department of Education. The minister at the time, a current senator for Yukon, was Senator Dan Lang. I fondly remember spending time in his office trying to get support for various initiatives that our branch was working on. Now we see each other occasionally on flights to and from Ottawa. However, unfortunately we do not agree on Bill S-6.

One of the initiatives that I had the pleasure of working on, an idea that came from the director of recreation at that time, Barry Robb, was that of implementing a network of territory-wide recreation and advisory boards that would be all inclusive. We tried and were successful in involving all communities, with first nation participation as equals, helping to break down some of the barriers that existed at that time.

What is puzzling is that this type of consultation process has apparently been lacking in regard to the bill before us. As I read my notes, I find it very troubling that the Conservative government is once again attempting to ram its ideologically driven agenda through without taking into account the needs of all citizens of Yukon.

Yukon is a majestic area with an extraordinary landscape, wide open spaces unequalled anywhere in the world, and with a dynamic proud people. While there, I spent many hours visiting various communities, from Dawson City to Watson Lake. I even had the pleasure of flying into Old Crow in the Arctic Circle. At that time, we had functioning mines in Elsa and Faro. I even spent a few months working as recreation direction in Elsa.

Bill S-6 would unilaterally rework Yukon's environmental and socio-economic evaluation system, a system which is a product of the Umbrella Final Agreement, which settled most of the first nations land claims in the territory. The Yukon Environmental and Socio-economic Assessment Act, YESAA, is a made-in-Yukon solution to the unique environmental and social circumstances of the territory.

It is clear to see that the changes proposed in Bill S-6 are being driven by what I would call the corporate agenda of southern resource development companies. The bill would dismantle the environmental and socio-economic assessment process developed in Yukon, by Yukoners for Yukon.

In my opinion, it is part of the Conservative ideologically driven agenda to systematically weaken environmental protection legislation, with no public consultation, little or no parliamentary security, and often being buried in omnibus budget legislation. Some examples of weakened environmental laws include the Canadian Environmental Assessment Act, Fisheries Act, navigable waters protection act, and Mackenzie Valley Resource Management Act.

It is interesting to note that four former fisheries ministers, three of them Conservative, have been highly critical of the gutting of the Fisheries Act by the current Conservative government. I would like to recognize one of these individuals, the hon. Tom Siddon, who continues to serve his constituents as a director with the Regional District of Okanagan-Similkameen.

As I mentioned earlier, there was incomplete consultation with Yukon first nations before these amendments were made. I find it hard to believe that there was no public process while developing these amendments. At the same time, non-Yukon stakeholders, including the Prospectors and Developers Association of Canada, Mining Association of Canada, Canadian Association of Petroleum Producers, and the Canadian Energy Pipeline Association were allowed input.

It appears as if the Yukon government, with support from the Conservative MP and senator, pushed this deal through in spite of considerable opposition to the changes from Yukoners and the Council of Yukon First Nations. In other words, these amendments favour the Yukon government over the Yukon first nations, the other partner in the YESAA process.

There should not be this kind of division. What is more, the Council of Yukon First Nations has threatened legal action should the bill become law. Ironically, instead of favouring development, Bill S-6 could wind up slowing it down.

Let us listen to what Allison Rippin Armstrong, vice-president of lands and environment at Kaminak Gold Corporation has to say:

...Kaminak is concerned that the process through which YESAA is being amended is creating distrust between governments and uncertainty in the assessment and regulatory process for current and future projects in Yukon.

Specifically, the YESAA five-year review resulted in a number of recommendations, most of which were supported by the parties involved in the review, including Yukon first nations. We understand that some of the proposed amendments do not accurately reflect comments and recommendations raised during the five-year review, and as a result, instead of celebrating a historic alignment between the governments and the Yukon first nations on most of the proposed amendments to YESAA, Yukon first nations have expressed a common position that they intend to take the federal government to court, if Bill S-6 is passed as proposed.

Kaminak is very concerned about this development, because court cases create assessments and regulatory uncertainty in addition to extraordinary delay, all of which erodes investor confidence.

In these difficult economic times, why would any government even consider implementing measures that would encourage economic uncertainty? It would seem to me that a stable environment supported by first nations should be a necessary prerequisite to any shift in policy.

Former Yukon MP Larry Bagnell spoke in the House to the original bill creating YESAA on October 21, 2002. He said:

Much of that time has been spent in consultation with stakeholder groups and, as a result, we have a much better bill and much better process than might otherwise be the case. First nations in particular will have a more meaningful role in assessments in Yukon.

It is safe to say that virtually everyone in Yukon had an opportunity to comment on the bill and many did.

Larry talked about how the department released drafts of the legislation in 1998 and 2001 for public review and undertook two separate tours to meet with first nations and other residents to review and discuss these drafts. He went on to say:

This took time, but it was time well spent. Those in Yukon who participated believe the process was inclusive, transparent and worthwhile.

Why is it that a former Liberal majority government made an effort to adequately consult prior to introducing legislation where our current conservative regime has chosen to disregard the democratic process?

Speaking of the lack of respect for democracy, one only has to look at how the Canadian Wheat Board was gutted in spite of support for the single desk by over 60% of farmers, or the complete rejection of over 20 amendments proposed by the NDP and Liberals to strengthen the food safety act, Bill S-11, or most recently the way that Bill C-51 was rammed through, in spite of the fact that knowledgeable witnesses spoke out against these draconian measures. Clearly Canadians are asking for a change. This will happen in October, but sorry for that digression.

Ruth Massie, Grand Chief, Council of Yukon First Nations said this when appearing before the Standing Committee on Energy, the Environment and Natural Resources:

Pursuant to the UFA, the CYFN, including Yukon First Nations, Canada and Yukon undertook a comprehensive review of YESAA. Initially, CYFN, Yukon First Nations, Canada and Yukon worked collaboratively to prepare the interim YESAA review report. In the end, Canada unilaterally finalized the report and systematically rejected the input from the CYFN and Yukon First Nations.

The proposed amendments in front of the Senate today were not discussed in the five-year review process with Canada and the Yukon government.

Mary Jane Jim, councillor, Champagne and Aishihik First Nations, said:

...it is our view that YESAA has been operating effectively and efficiently since its enactment in 2003. The federal government now works to unilaterally make additional amendments to the YESAA. We did not request these amendments, nor do we support them. These amendments are not necessary.

Let me close by saying that I believe this is not a good precedent in these difficult times. I urge all members of the House to reject this flawed piece of legislation.

Motions in AmendmentYukon and Nunavut Regulatory Improvement ActGovernment Orders

May 25th, 2015 / 1:10 p.m.

Chilliwack—Fraser Canyon B.C.

Conservative

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

Mr. Speaker, I think we can all agree in this House about the beauty of the Yukon and the potential opportunity for the people who live there, and for economic development, if it is done the right way. What we are proposing in the bill are ways to make that happen.

One of the issues that the member mentioned was policy direction, and I want to hone in on that specifically. The Minister of Aboriginal Affairs has the right to set binding policy direction in the Northwest Territories. This minister has never used it; previous ministers have used it to protect aboriginal rights.

When we were in Yukon, the member for Algoma—Manitoulin—Kapuskasing said protecting aboriginal rights, though the minister did it through binding policy direction, was actually “paternalistic”.

Does the member agree that protecting aboriginal rights is paternalistic? Why does he want to take away the minister's ability to protect aboriginal rights by supporting Motion No. 10, which would take away policy direction?

Motions in AmendmentYukon and Nunavut Regulatory Improvement ActGovernment Orders

May 25th, 2015 / 1:10 p.m.

NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, that is a logical question. However, if we look at the process and see that one group of people, namely the first nations in Yukon, do not agree with that, then in my mind that should trigger that there is something wrong. It then becomes another top-heavy federal government decision that people are not supporting. There is something wrong with it.

Obviously the protection should be there, but it should be worked out and agreed upon by all stakeholders. In reading my notes and discussing the bill, my conclusion is that has not happened, and that is one of the flaws of the amendments on this piece of legislation.

Motions in AmendmentYukon and Nunavut Regulatory Improvement ActGovernment Orders

May 25th, 2015 / 1:15 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I suspect the member's assessment that it has not happened is quite correct. I posed a question to the former Conservative speaker in terms of whether he felt that the government was successful at achieving a consensus, and he did not indicate that the government had achieved that consensus.

Given the importance of the legislation we are debating here today, would he not agree—and in listening to his comments, I am sure he would, so it would allow him to embellish on some of his earlier comments—on how important this is when we are dealing with regional economic type of bills that would affect the lives of all northerners, and the environment, economic development, and so forth? Has the government missed an opportunity to bring forward legislation in which there could have been a much broader consensus so that everyone would be feeling part of something, as opposed to it coming down from Ottawa?

Motions in AmendmentYukon and Nunavut Regulatory Improvement ActGovernment Orders

May 25th, 2015 / 1:15 p.m.

NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, I would like to thank my Liberal colleague for his excellent question. I have notes here that I have not had a chance to talk about, such as various stakeholders who believe that this consensus, this consultation, did not take place. One of them is Mr. Felix Geithner, director, Tourism Industry Association of the Yukon. He said:

The most pertinent question isn't why Bill S-6 should be prevented from being passed but why was it ever put forward in the first place, in its current form?

He goes on to say:

The reason he provided for introducing a bill that proposes sweeping changes to a fundamental part of this regulatory regime was the need to involve and maintain a competitive and predictable regulatory system.

However, this is not what is taking place. In fact, it is just the opposite.

We have already heard what Ms. Allison Rippin Armstrong of Kaminak Gold Corporation said. I did not have a chance to talk about Chief Steve Smith of the Champagne and Aishihik First Nations, or Ms. Wendy Randall, chair and executive committee member of the Yukon Environmental Socio-economic Assessment Board, or Chief Angela Demit, and we could go on and on.

There is a groundswell of opposition to these amendments and this bill, so why on earth would the current government even consider putting this legislation forward?

Motions in AmendmentYukon and Nunavut Regulatory Improvement ActGovernment Orders

May 25th, 2015 / 1:15 p.m.

Conservative

Blake Richards Conservative Wild Rose, AB

Mr. Speaker, it is a pleasure to rise today. As chair of the House of Commons Standing Committee on Aboriginal Affairs and Northern Development, it is particularly important for me to have the opportunity to speak to Bill S-6 today at report stage.

As chair of the committee, I had the privilege of travelling to Whitehorse with the committee to hear directly from Yukoners about the legislation. From this experience, it is clear to me that Bill S-6 certainly has the potential to have a profound impact on the economic development in Yukon and Nunavut. I am proud to have a chance to explain to the House why I believe this to be the case.

Our Conservative government takes great pride in our commitment to Canada's north. In fact, our northern strategy has increased funding for infrastructure, protected Canada's Arctic sovereignty and had ensured that we remain a world leader in northern science and technology. A large part of this strategy involves our work to improve northern regulatory regimes.

Improving the regulatory process in the north is something that our government has been working on and accomplishing since we came into office. Improvements began through the Northern Jobs and Growth Act, continued in the Northwest Territories through the Northwest Territories Devolution Act, and will be completed by strengthening regulatory regimes in Yukon and Nunavut.

Bill S-6 would strengthen these regimes by making effected regulatory frameworks strong, effective, efficient and predictable.

Let me quote the Hon. Darrell Pasloski, the Premier of Yukon, who said:

The amended legislation will be more consistent with other Canadian jurisdictions and will put Yukon in a stronger competitive position to achieve more economic growth, jobs and prosperity for all Yukoners.

That is a clear statement.

The changes proposed in this bill will encourage resource development and ensure sound environmental stewardship. In the case of Yukon, Bill S-6 would make a number of improvements to the Yukon Environmental and Socio-economic Assessment Act, commonly referred to as YESAA.

The first of these changes I will discuss is the implementation of the principle of “one project, one assessment”. If passed, Bill S-6 will ensure that a new assessment of an existing project will only be required if there has been a significant modification to the project as it was originally assessed. This will certainly reduce duplication of work for proponents and evaluators, while retaining the integrity of the environmental assessment. This is the sort of practical approach that demonstrates our government is protecting Canada's environmental heritage.

It is for this reason that I strongly oppose Motion No. 4. I encourage other members to do the same. The member for the Northwest Territories who proposes to remove this principle from Bill S-6 only provides further proof that a New Democratic government would hinder future economic development in Yukon and all across the North. .

In addition to the introduction of the “one project, one assessment” principle, I would like to take this opportunity to discuss how the bill would further improve the regulatory system and drive economic development in Yukon.

Bill S-6 would introduce to YESAA beginning-to-end legislative timelines for environmental assessments. This would align the territory's regime with other federal environmental assessment laws across the north and in the rest of Canada.

Regulations under YESAA already set out certain time limits for decision time making, and Bill S-6 would enshrine these in legislation. These legislated time limits are an effective way to provide predictability and certainty for proponents, regulators, governments and first nations, without sacrificing the integrity of the evaluation process and safeguarding environmental protection.

I believe the motions regarding the removal of timelines in Bill S-6, specifically Motions Nos. 5, 6, 7 and 8 proposed by the member of Parliament for the Northwest Territories, would actually hinder economic development and growth in Yukon. Passing these motions and removing the associated clauses will prevent important regulatory improvements from coming into force.

Our government understands that timelines will improve proponent and investor confidence, provide certainty and consistency to the regulatory process and will ensure efficiency at all stages.

The time limits introduced in Bill S-6 would improve proponent and investor confidence, provide consistency and transparency to the process and gain efficiency at all stages of the process. We know from other jurisdictions that these are all vital pieces of an effective regulatory regime and that they will help to drive economic development in Yukon. Ensuring timely decision making can have a significant impact on the well-being of northern communities.

In a highly competitive global marketplace, businesses need assurance of when their projects will move from approvals to the construction phase, and not be delayed unnecessarily by the duplication of regulatory processes. Too many delays may make a proponent look elsewhere, which means a community or first nation could see an opportunity pass by.

The Standing Senate Committee on Energy, the Environment and Natural Resources heard these same arguments last fall from industry and territorial government witnesses commenting on Bill S-6. For example, Samson Hartland, executive director of the Yukon Chamber of Mines, described the introduction of time limits as:

—probably the most important aspect of this bill to our membership. The definitive beginning-to-end timelines create certainty and allow for consistency from coast to coast to coast for proponents, regardless of where they are doing business — in the Yukon or N.W.T. It is so important for proponents to have consistency and regularity when dealing with and preparing for their project activities.

The time limits contained in Bill S-6 would provide proponents with that consistency, which would lay the ground work for economic growth and development in Yukon. This is why I strongly oppose the passage of Motions Nos. 5, 6, 7, and 8. Despite being well aware that this legislation would benefit Yukon, the opposition continues to ignore residents in Canada's westernmost territory. Fortunately, the member of Parliament for Yukon is working hard to provide Yukoners with the best representation they have had in years.

While I object to all of the motions that the opposition has brought forward today, I take particular exception to Motion No. 5, which would remove time limits for designated office assessments. Moreover, it would also prevent the inclusion of the concept of reasonably foreseeable activities in the scope of cumulative effects of projects. While this may appear to be a very technical point, it is important to remember that this concept was actually a recommendation from the YESAA five-year review that was agreed to by Canada, the Government of Yukon and Yukon first nations. Removing provisions of the bill that have been jointly agreed to by all three parties to the Yukon Umbrella Final Agreement represents a step backward in Canada's relationship with the first nations of Yukon.

These regulatory improvements would create the certainty and predictability needed for responsible resource development projects to proceed. Our government is committed to jobs, growth and long-term prosperity in the north. The legislation before the House today would play a large role in achieving these outcomes by simultaneously driving economic development and protecting Canada's environmental heritage.

I urge members from all parties to support Bill S-6 as it stands now, and to reject Motions Nos. 5, 6, 7 and 8.