Bill S-6 (Historical)

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

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.

Yukon and Nunavut Regulatory Improvement Act

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, given the question, it could be a very difficult challenge to keep the answer to under a minute.

Maybe I will demonstrate the type of support that the Liberal Party has traditionally provided. Has it been perfect? No, it has not. We have not been absolutely perfect. That said, I reflect back to when Paul Martin was prime minister and the phenomenal amount of effort that he put in. In a relatively short time frame, he was able to accomplish a great deal in terms of first nations and aboriginal communities by looking at a framework for future decades to deal with issues ranging from education to financing to issues of land claim settlements.

There are different levels of government and different political entities. It is important that we recognize the priority of settling land claims and looking at ways to make a more positive contribution. I suggest the minister might want to reflect on the accord that Paul Martin had—

[The Deputy Speaker, Joe Comartin]

Order, please. I gave the member a few extra seconds there, but time has expired.

Resuming debate, the hon. Minister of the Environment.

[Leona Aglukkaq, Conservative, Minister of the Environment]

Mr. Speaker, I will be splitting my time with the Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development.

I am thankful for the opportunity to speak to this bill today. As the member of Parliament representing Nunavut and the Nunavummiut, and as the Minister of the Environment and Minister of the Canadian Northern Economic Development Agency, I am especially proud to defend Bill S-6 this afternoon.

The legislation, the Yukon and Nunavut regulatory improvement act, would drive economic growth and development across the north. In the process, it would improve the quality of life for all living in Nunavut. It would also improve the quality of life for each and every one of my constituents.

Beyond what it would do to attract investment, and create jobs, growth and long-term prosperity, this initiative has two symbolic roles. It is both the latest in a series of developments that would enable Nunavummiut to benefit more fully from all that the territory has to offer, and it is a precursor to the territory of Nunavut inheriting more political and economic independence than ever before.

On October 3, 2014, my colleague, the hon. Minister of Aboriginal Affairs and Northern Development Canada, came to Nunavut, and together we announced the appointment of a chief federal negotiator, Brian Dominique, to represent Canada in negotiations toward the signing of a devolution agreement in principle.

Devolution in Nunavut will give control over land, water and resources in the territory to those best placed to make decisions about their future, the Nunavummiut. This is similar to the devolution agreement that exists in Yukon, as well as the one that our government recently signed in the Northwest Territories. The benefits of devolution are significant, and I look forward to the day when Nunavut can access these benefits, thanks to our Conservative government.

In broad terms, Bill S-6 would help Nunavut reach this goal of devolution by creating conditions within the regulatory system to allow residents of Nunavut, from Cambridge Bay to Rankin Inlet to Iqaluit, to unlock the great economic potential of their territory. Bill S-6 plays a crucial role in paving the way for devolution. It would ensure that the water management regime that would eventually be transferred from the federal government to the Government of Nunavut would encourage investment and allow the territory to fully benefit from increased resource development. Given our territory's world-class mines and massive natural resource revenues, it is clear that the economic potential of Nunavut is tremendous.

It is our duty as Parliamentarians to unlock opportunities in this region. This will be achieved by building a streamlined and predictable regulatory regime that entices investors and developers to look to the north while at the same time safeguarding our unique environment.

Along with our government's investments in roads, bridges and education, regulatory improvements will stimulate future exploration and development to the benefit of Nunavummiut and all Canadians. The Nunavut government agrees with us. My counterpart, the Nunavut minister of the environment, the Hon. Johnny Mike, has been on record saying, “the Government of Nunavut believes that this bill would make a number of improvements to the regulatory regime in Nunavut”.

I will speak more specifically to what the minister is referring.

Bill S-6 would ensure more timely and predictable water licence review processes. One of our government's objectives in the north is speeding up regulatory approvals to keep pace with the needs of business. This would allow the territories to maximize the potential of their abundant natural resources, and create conditions for jobs, growth and long-term prosperity north of 60. We were determined to improve the regulatory regimes for land and water management in all three of Canada's northern territories. We wanted to ensure modern and efficient systems for northerners, understanding the demands of a highly-competitive, global marketplace. With Bill S-6, we have the final legislative step to realize this goal and to ensure that the required work is in place for the north to flourish.

Changes to the Nunavut Waters and Nunavut Surface Rights Tribunal Act would make the regulatory process stronger, more effective and more predictable. Even former Liberal Senator Graham Mitchell agrees us, who said:

It's designed specifically to enhance regulatory processes, reduce the complexity of these processes, reduce regulatory overlap and, in doing so, reduce uncertainty in the economic development process in these territories.

This would help stimulate jobs, resource development and economic prosperity throughout our great territory. Bill S-6 would provide, from beginning to end, time limits for water licence review and would give the Nunavut Water Board the ability, at its discretion, to issue water licences for the anticipated duration of the project.

These changes would make the licensing process more predictable for proponents, allowing companies to engage in better long-term planning. It would also reduce the duplication and uncertainty of unnecessary reviews. Not only would this provision streamline the regulatory process, but it would do so without undermining environmental protection.

Minister Mike indicated that he is especially pleased that increased fines would be a deterrent to unlicensed water use and applauded the introduction of administrative monetary penalties, as they would provide additional tools to ensure compliance with water licences. He added that the Government of Nunavut believed life-of-project water licences were better tailored to water use and that the timelines for board review would bring certainty and predictability to both Nunavummiut and industry.

Representatives of the Nunavut Water Board told the standing Senate committee that they were generally supportive of the legislation. For example, Thomas Kabloona, Chair of the Nunavut Water Board said, “A number of the specific issues raised by the board through its participation were considered and have been to some extent reflected in Bill S-6, so we are supportive of the amendments in general”.

Moreover, the bill would increase fines for proponents who violated the conditions of water licences and would introduce administrative monetary penalties, another measure designed to hold industry accountable to regulatory standards.

In throwing his support behind Bill S-6, Minister Mike from the Nunavut government said, “This bill will give the board and regulators important new powers that will ensure that water use in Nunavut is sustainable and environmentally safe”.

This is an example of how our government is protecting Nunavut's environmental heritage without resorting to a costly carbon tax, like the Liberals and NDP would introduce. This tax hike would make life across the north more expensive, increase the cost of everything in the north, increase the cost of food in our communities, and would result in job loss for Nunavut residents.

The success of these efforts is evident in support for Bill S-6 in the north.

Minister Mike, who have I quoted before, said that Bill S-6 would provide more flexibility and enforcement powers to regulators, more predictable timelines for assessments, and would integrate with other environmental processes in the North.

Bill S-6 is supported by Nunavut Tunngavik Incorporated, too. Its president, Cathy Towtongie, stated in her correspondence to the Minister of Aboriginal Affairs and Northern Development that the organization was comfortable with the changes proposed in the bill.

The wide support that this initiative is receiving in Nunavut does not surprise me. Bill S-6 is an economic and environmental building block for my territory, and is indicative of a broader truth: that no government in Canadian history has done more for northerners than this one.

I urge all parties to join me in supporting and encouraging economic and social development in my riding of Nunavut by ensuring the swift passage of this important bill.

[Murray Rankin, NDP, Victoria, BC]

Mr. Speaker, the minister's intervention focused appropriately on Nunavut. However, the other part of the bill before us is the amendments proposed to the Yukon Environmental and Socio-economic Assessment Act.

The minister's colleague, the Minister of Aboriginal Affairs and Northern Development, said that this measure was “fully supported” by the Yukon legislature. Notwithstanding, there is enormous opposition to that in the Yukon, particularly among first nations. Apparently five law firms are lined up to challenge this as soon as the Conservative government rams the bill through with another time allocation motion.

Does the minister stand by the statement that there is full support of the Yukon legislature and first nations, as the minister, her colleague, suggested earlier today?

[Leona Aglukkaq, Conservative, Nunavut, NU]

Mr. Speaker, as a person born and raised in Canada's Arctic, I know how important this legislation is to northerners. Northerners want to advance projects in their regions. We want to advance projects under our terms and conditions. If projects are to proceed, the terms and conditions will be set by northerners on the ground in the Arctic. They are the ones who have the tools to make decisions on whether projects will proceed or not.

I am in full support of this legislation because northerners will then have one more tool to make determinations on what they want for their future, what they want for their communities and under what terms and conditions projects will proceed.

[David McGuinty, Liberal, Ottawa South, ON]

Mr. Speaker, I am going to take advantage of the fact the Minister of the Environment has just spoken and I am going to draw a connection for Canadians who are watching between the whole question of quality of life and economic opportunity in Canada's north, for Canada's northern peoples, and the linkage with this incredibly important crisis we are facing, called climate change.

There perhaps is no more powerful force at play in Canada's north than climate change. The minister knows this. Therefore, I want to give her an opportunity to share with the House today how she and the government will do what they have promised to do. They say that they will reduce emissions by 30% from 2005—

[Gerald Keddy, Conservative, South Shore—St. Margaret's, NS]

What's this got to do with the bill?

[David McGuinty, Liberal, Ottawa South, ON]

I hear on the other side that its does not understand the connection between this bill and climate change, Mr. Speaker. I will restate it again for the members, if they so desire.

However, the whole question for the minister is this. In the United States, the congressional team has put together some 400 pages in a plan to achieve its target. The European Union has a 1,200-page plan.

Could the minister table today, for northern peoples, the operational plan, in detail, to achieve this 30% reduction?

[Leona Aglukkaq, Conservative, Nunavut, NU]

Mr. Speaker, I thank the member for the opportunity to speak to the Liberal record in the north. For 13 years, the Liberal government did not implement the Nunavut land claims agreement. Nunavut Tunngavik Incorporated filed a lawsuit against the federal government for lack of implementation of the land claims agreement. Our government settled that dispute out of court recently, and awarded Nunavut Tunngavik Incorporated $255 million for the lack of implementation from that government.

Our government is listening and moving forward. The next step we will take is to negotiate a devolution agreement. We are hoping to reach an agreement in principle in the next little while. Again, this legislation would support the implementation of that land claims agreement.

That party and that government cut transfers to the territorial government. The Liberals did not implement the Nunavut land claims agreement, which brings us here today. Northerners want this legislation. Northerners want the tools to make decisions about their future and under what terms and conditions.

As Minister for the Arctic Council, I can also say that the initiatives we undertook over two years of our chairmanship were to address the issues that were important to northerners, hence, our overarching theme: development for the people of the north by incorporating the traditional knowledge of Inuit to science in addressing climate change and by incorporating the traditional knowledge and traditional ways of life of indigenous people in policy work that is done through the Arctic Council. We moved on black carbon and methane for the north, because it was important to the north.

Under the Liberal government, nothing happened.

[Mark Strahl, Conservative, Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development]

Mr. Speaker, before I start, I want to thank the Minister of the Environment for her leadership, both in the portfolio she has been given in cabinet and also for her leadership in the north. It is unfortunate that the member for Ottawa South kept trying to interrupt her while she was speaking. She passionately defends the north, her communities and her territory both in the House and at the cabinet table. We are very proud to have her as the leader of our northern caucus. She does a great job in that regard.

No government in Canadian history has done more for Canada's north than our Conservative government. One can see the legislative steps that we have taken through our northern strategy, the Northern Jobs and Growth Act.

This is the final step to improve the regulatory process in the Yukon and in Nunavut. As the minister has outlined, on the Nunavut side we are protecting the environment by increasing the ability to levy fines. We are giving the people of Nunavut more control over their own territory, which is something we believe in on this side of the House.

It is unfortunate that through this whole debate when we talked about devolution to the territories and giving more powers to the territorial governments, the NDP and Liberals fought against it. They want to keep more power here in Ottawa. We want to give more power to the people of the north and their governments because we believe that the power should be closer to the people.

What have we seen with the bill? Why is the bill necessary? We have seen through independent reports that because of the improvements that have been made south of 60 to the regulatory regime, the Yukon territory has fallen behind in its regulatory environment. It used to be number one in the world in terms of attractiveness for mining companies for resource development. It has fallen to ninth according to the recent Fraser Institute report. Also, in terms of perception of regulatory policy, it has fallen to ninth in Canada. When devolution occurred over a decade ago, Yukon led Canada in terms of its regulatory regime. It has fallen behind and we need to get it back up on par with the rest of Canada.

I want to talk briefly as well, in the limited time I have, about some of the issues that have been raised. The first was raised again by the Liberal Party. It said there has been a lack of consultation, which is demonstrably false. There have been dozens of meetings that have taken place, just on the four contentious amendments alone. There was $100,000 given to first nations groups who participated in those consultation sessions. They submitted receipts to the government saying they had consulted with us and would like to be reimbursed for that. Of course, we have paid those funds. There has been consultation. It has been paid for by the government and those consultations have been meaningful. We certainly believe they have been adequate.

Also, we have seen that this is something that is necessary for the continued economic prosperity of Yukon and Nunavut. We heard from the Yukon Chamber of Mines that said, specifically on the issues of timelines and significant change, we need to bring the regime in Yukon in line with what is happening in the rest of Canada. It is seeing investment decisions and investment dollars leaving the territory because of the uncertainty that its regulatory regime presents.

We have also seen that the bill is completely 100% compliant with the Umbrella Final Agreement. The minister has asked anyone who has a concern with that to point him to the section of the legislation that violates the Umbrella Final Agreement. No one has been able to do that.

This is the final piece of our northern agenda. It is the final legislative step that we need to take to bring about economic prosperity and growth in the north. We are proud to support the bill.

[The Deputy Speaker, Joe Comartin]

It being 1:15 p.m., pursuant to an order made Wednesday, June 3, 2015, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the third reading stage of the bill now before the House.

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

[Some hon. members]

Agreed.

No.

[The Deputy Speaker, Joe Comartin]

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

[Some hon. members]

Yea.

[The Deputy Speaker, Joe Comartin]

All those opposed will please say nay.