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.

Aboriginal Affairs

[Dennis Bevington, NDP, Northwest Territories, NT]

Mr. Speaker, northerners are deeply concerned about the position of the Minister of Aboriginal Affairs and Northern Development that the three territories are the same and that their environmental laws should be uniform.

In committee, the minister went on and on about how the government's plan is to have the same laws governing the land and water of all three territories. Any northerner would tell us that we cannot treat the territories the same.

This paternalistic approach by the Conservatives is completely wrong. Each territory is unique, with different demographics, different geography, different cultures, and different relationships with aboriginal governments. We have fought for years to create our identities. The minister and his Conservative colleagues instead tell northerners that that their uniqueness, issues, concerns, and political relationships are of no importance to them.

Northerners are fighting back. The NWT' s Tlicho First Nation has won an injunction against the creation of the environmental super-board, and Yukon first nations are already preparing their court case to stop Bill S-6.

Conservative Members from the north, listen up, the opposition will be heard at the ballot box.

Northern Development

[Bernard Valcourt, Conservative, Minister of Aboriginal Affairs and Northern Development]

Mr. Speaker, I guess I missed the question.

Unlike previous Liberal governments, this Conservative government has made the long-term prosperity of Canada's north and northerners a priority. This includes fostering economic development, among others, by improving Yukon and Nunavut regulatory systems, while protecting our environmental heritage. That is what Bill S-6 would do, and I encourage him to support it.

[Dennis Bevington, NDP, Northwest Territories, NT]

The government will never learn from its mistakes, Mr. Speaker. After ramming through its plan to do away with regional environmental boards in the Northwest Territories, the Conservatives are now stalled by an injunction handed to them by the Supreme Court of the Northwest Territories and they will likely face the same kind of legal action from Yukon first nations over Bill S-6.

When will the Conservatives get it? Gutting environmental protection and altering land claims agreements just simply lead to more uncertainty and legal actions.

United Nations Declaration on the Rights of Indigenous Peoples Act

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, it is my honour to rise in the House this evening to speak in support of one of the most important pieces of legislation that has ever come to the House. This is the second time the NDP has brought this bill forward, and I am incredibly proud to support the work of my friend and colleague, the member for Abitibi—Baie-James—Nunavik—Eeyou.

If the Government of Canada were to implement the principles set forth in the United Nations Declaration on the Rights of Indigenous Peoples, we would see a sea change in the relationship between Canada and the first peoples of this land. We would be living in a new era of respect and dignity for indigenous and non-indigenous peoples alike, as defined by the nation to nation relationship that first nations, Inuit and Métis peoples deserve.

It is shameful and telling that Canada was one of the last state parties to become a signatory to the UNDRIP. It took three years of constant pressure to get Canada to sign. Those who were there have described the tactics that our government used to try and neuter some of the articles in the declaration. In particular, the government attempted to erase article 11, section 2, under which indigenous peoples have the right to free, prior and informed consent in matters which effect their land, well-being and culture. I will return to this point a bit later in my speech because it is so illustrative of exactly why the Conservative government's relationship with indigenous peoples in Canada is so damaged.

The UN declaration is a document of power. In the hands of indigenous peoples, it is a tool and an instrument. Canada's first nations, Inuit and Métis peoples are using it to combat the legacy of colonial violence they have inherited.

Across the country, court rulings have reflected the binding nature of Canada's signature on the declaration. They are amassing jurisprudence based upon the rights it provides, and the government has a duty with respect to the document. Beyond jurisprudence, we see indigenous peoples using the UNDRIP to teach their children and broaden their usage of a rights-based framework under which they are dependent upon the goodwill and good faith of Canada, but are the rights holders who are empowered to claim what is owed to them.

I would like to take this time to share the words of some key leaders across Canada who have supported Bill C-641.

This is what Grand Chief Derek Nepinak writes on behalf of the Assembly of Manitoba Chiefs:

“By way of a standing mandate to support UNDRIP, I offer this letter in support of your initiative to have this bill pass and become enshrined in Canadian legislative processes as an important hedge against the derogation or abrogation of Indigenous rights”.

Also from my home province, our NDP minister of aboriginal and northern affairs, Eric Robinson, has written a letter in support of my colleague's bill, which reads in part:

“This will be a major accomplishment in providing clarity and direction for the Federal government and the private sector in recognizing Indigenous rights in this country. As has already been stated by others, Bill C-641 reaffirms Indigenous rights that were taken away by forced assimilation policies like residential schools and the Indian Act. The UN Declaration recognized that Indigenous peoples have the “collective right to live in freedom, peace and security as distinct peoples.” It is time to recognize these rights in Canadian Law”.

Minister Robinson's words are well taken and reflect the fact that provincial governments need not take an adversarial stance against indigenous rights.

Far too often, the Conservative government refers to aboriginal rights as something Canadians cannot afford. The Conservative minister of aboriginal affairs at the time that the UNDRIP was ratified was quoted as saying that the declaration of rights was “unworkable in a Western democracy under a constitutional government...because (native rights) don’t trump all other rights in the country”.

It is shameful. It is as if the inherent rights of some people would come at the cost of the rights of others, as if human rights are not something that can and must be enjoyed by every human being on this planet. Not only is this logic utterly offensive and inherently racist, but it is absolutely incorrect. We can afford Indigenous rights. What we cannot afford is not to enshrine these rights in our country.

Just this afternoon, I met with a delegation of chiefs from the Blueberry River and Doig River First Nations. They travelled from northeast British Columbia to speak to the Minister of Aboriginal Affairs and Northern Development and members of our opposition. When we met with them, they described a situation we hear more and more often. Their traditional lands are being usurped and destroyed as a result of industrial activity, and for decades, this has happened without their consent.

Neither the federal nor the provincial government has taken their consent into consideration as they rubberstamp successive projects on their lands. They have taken their hunting grounds, pumped chemicals into their waters, and poisoned the animals. Their resource-rich lands, they told me, are now beyond repair. As well, the federal government has stalled in negotiating and resolving their land claims. They have been at the table for over a decade, and the government has shown such disrespect as to completely step away from the negotiations for periods at a time.

These two nations have been left with no choice but to file against their provincial government in court. This ham-fisted way of dealing with first nations will stall economic development and business and will not help this development be sustainable and mutually beneficial.

These two nations do not want resource development completely off their lands, but they do want their government to recognize their inherent right to free, prior, and informed consent, as set out by the UNDRIP.

The fact is, we see the current government's opposition to indigenous rights, both in terms of the UN declaration and in terms of the bill before us today, all too often. Just this week, we saw the government's desire to push forward with Bill S-6, a bill that would attack the kind of legislative framework put in place by first nations in the Yukon and by Yukoners themselves to protect their environment.

The government has attempted to ram through Bill S-6. Industry does not want it rammed through. Industry has made it clear that it wants to respect indigenous rights, because it knows that it is the safest way to do business in Canada.

If the Conservative government were genuinely concerned about sound fiscal management, it would see the UNDRIP as an opportunity to foster better business relations with first nations. The Conservatives would understand that they cannot get away with overriding aboriginal title anymore. The Tsilhqot’in decision this summer proved that very thing.

Today I am proud to say that an NDP government would immediately begin working towards a nation-to-nation relationship with indigenous peoples. We would adopt the UNDRIP and we would enshrine its principles by ensuring that, at the cabinet level, every piece of legislation is reviewed through an indigenous lens and is in line with treaty rights, aboriginal rights, inherent rights, and of course, the UN declaration.

I would like to end by quoting the late hon. Jack Layton, the former leader of the NDP and leader of the official opposition.

In a letter to the UN back in 2006, when they were on the brink of ratifying the declaration, Jack wrote:

I write today to express my Party's support for the UN Declaration on the Rights of Indigenous Peoples. The New Democratic Party is the social democratic party in Canada's parliament and it is our belief in social justice and equality that leads us to support this declaration.

There are many sound economic, social, and legal reasons to support this bill, but as Jack Layton said, at the heart of the issue is the principle of equality and social justice for all. These are the principles of human rights, and we stand for them.

Aboriginal Affairs

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, yesterday the Conservatives shut down debate on Bill S-6, legislation that would gut the Yukon Environmental and Socio-economic Assessment Act. There was no real consultation with first nations, and nearly all of Yukon's first nations are opposed to Bill S-6. In fact, they are already preparing to fight it in court.

At what point did the Conservatives decide that nation-to-nation consultation with Yukon's first nations did not matter anymore?

Bill S-7—Time Allocation Motion

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Speaker, it is a sad day again for Canadian Parliament. This is the 91st time the government has used closure, or time allocation, in this Parliament. It goes beyond any previous government in Canadian history. It is twice as bad as what was the previous worst government in terms of open intolerance of democratic debate in this House. The only solace for the Canadian population is that Canadians know that in 200 days, they will be able to vote the current government out of office and bring in a government that actually respects parliamentary traditions.

With the last three closure motions and time allocation, we have seen a real intolerance of debate. We have seen with Bill C-51 that the government is systematically refusing witnesses who could bring a lot to bear on the bill, which is a controversial piece of legislation. Yesterday in the House, the minister might as well have told Yukoners that the government will not accept any amendments to Bill S-6. The Conservatives want to make a show of going up to Whitehorse but have absolutely no intention of actually listening to witnesses and bringing amendments to Bill S-6.

My questions to the minister with respect to Bill S-7 are simple. Will the government hear from witnesses who want to come forward on this bill? Will it actually entertain amendments, or will it show the same disdain it has shown with so many other pieces of legislation by refusing amendments put forth by parliamentarians?

Bill S-6—Time Allocation Motion

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Speaker, let me start by saying again for the record that no government in Canadian history has ever done as much for Canada's north as ours. This legislation is further proof of this. It would create conditions to encourage investment, which would in turn lead to jobs, growth, and long-term prosperity for Yukoners and Nunavummiut alike.

Bill S-6 introduces timelines that would create consistency and predictability in environmental assessments and the issuance of water licences. This is a big plus for the north. I implore my colleagues on the other side to see the light.

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Speaker, I did not hear a question.

Once again, for the benefit of the House, I would simply like to remind members that passing Bill S-6, the Yukon and Nunavut Regulatory Improvement Act, is the final legislative step in the government's action plan to improve northern regulatory regimes.

We know that the NDP has opposed all of these measures since the plan was announced. It is not surprising that it continues to want to obstruct the work of the House of Commons and prevent it from moving forward.

However, because we have a majority, we can pass this bill at second reading and send the committee directly to the Yukon to consult the people who live there.

[Mark Warawa, Conservative, Langley, BC]

Mr. Speaker, we know that the NDP and the Liberals both want to put a carbon tax on the north, a carbon tax on every part of Canada. They want fuel prices going up, heating prices going up, and everything going up because of this carbon tax.

Could the minister tell us if Bill S-6 would actually improve the environment? As well, would it include a carbon tax, or would we leave money in Canadians' pockets?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Speaker, as I said earlier, passing Bill S-6 is the final legislative step in the government's action plan to improve the regulatory regime in the north. This bill responds to calls made over many years to establish a review process to evaluate projects that is less cumbersome, duplicative and uncertain. This process will promote development while guaranteeing sound environmental management. That is the intended objective.

As I was saying earlier, I know that the NDP could not care less about whether or not people can work in the north, but it is important to us. Investments will create jobs, which in turn will improve the standard of living of northerners.

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

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

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

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

moved:

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 of the 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 of the second reading stage of the said bill, any proceedings before the House shall be interrupted, if required for the purpose of this order, and, in turn, every question necessary for the disposal of the said stage of the bill shall be put forthwith and successively, without further debate or amendment.

Bill S-6--Notice of time allocation motion

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I would like to advise that agreements could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the second reading stage of 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.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon this afternoon we will continue debating Bill C-46, the Pipeline Safety Act, at second reading. This bill updates our laws respecting pipelines to make our legislative framework a world leader. The debate will continue—and hopefully conclude—on Monday, March 9.

Tomorrow, before we start our constituency week, we will conclude report stage debate on Bill C-2, the respect for communities act. The bill would enshrine in law the requirement for communities to be consulted when there is an application made to open a drug injection site.

I know the opposition House leader will be very interested in this. Tuesday, March 10 will be an allotted day, and we will have the House debate a New Democratic proposal. I just heard my official opposition counterpart make some comments on time allocation of government bills. Of course, Tuesday will the 79th time allocated opposition day debate of Parliament. That will be the 79th time the NDP has imposed time allocation on a motion it has brought before the House.

Our government allows generous time for debates on bills. We allow considerable time at each stage, yet every time the NDP chooses a subject for debate, it limits the debate to the minimum the rules allow, one day. The rules expressly allow it to allocate a number of its allotted days to a single subject of debate, but on 79 occasions, the NDP has chosen time allocation to the bare minimum of one day. Seventy-nine times it has imposed time allocation on the House to limit debate when it gets to choose the subject. The rules let it choose more days. The rules let it apply more time to those subjects. It chooses not to do that. I invite the hon. member, who seems to have some skepticism, to check out Standing Order 81(16)(b), which gives him that power; so if we want a preview of what could come from the NDP, based on its conduct here, I think we can see it right there.

On that day, March 10, we will finish what I am sure will be the 79th occasion of the NDP imposing time allocation on our ability to debate its ideas. Then, that evening, we will conclude debate on the fourth report of the foreign affairs committee.

On Wednesday, March 11, we will have the third day of second reading debate on Bill S-6, the Yukon and Nunavut regulatory improvement act.

Thursday, March 12 will see the House resume consideration at second reading of Bill S-7, the zero tolerance for barbaric cultural practices act. This is a bill that would demonstrate that Canada's openness and generosity will not extend to early and forced marriage, polygamy, and other similar practices.

We will have third reading of Bill C-2 on Friday, March 13. Finally, for the benefit of committees’ forward planning, I anticipate scheduling Tuesday, March 24, as the last allotted day of this supply period. I will confirm this during next week’s Thursday statement.

Red Tape Reduction Act

[Dennis Bevington, NDP, Northwest Territories, NT]

Mr. Speaker, I am here today to talk about Bill C-21, an act to control the administrative burden that regulations impose on businesses. It is a good bumper sticker for Conservative politics later on in this year. It is also a bill that is in some ways very confusing.

If we take the basic premise that we will get rid of a regulation for every regulation we create, that logically says there are quite a number of regulations that do not need to be on the books right now. Why does the government not do some homework and identify the regulations that are not important to the Canadian public, to businesses and to the happiness of the Canadian state and simply eliminate those regulations? Would that not make more sense than tying up the time of the House of Commons with a bill that really does not nail anything down? It simply lays out a pattern that can or cannot be obeyed. It is sort of like the elections limits law earlier in my time in Parliament. People could follow it if they wanted or they did not have to follow it

The President of the Treasury Board may establish policy or issue directives respecting the manner in which the rules can be applied. We have another law that is really for public consumption. It really will not affect too much in the way that business regulations are set or not set in Parliament.

For instance, it says in the preamble of the bill that the one-for-one rule may not compromise public health, public safety or the Canadian economy. It is in the part of the bill that is not law. It simply talks about the bill. Where Conservatives outline their concerns about where we should not touch regulations on a one-to-one basis, it really is inappropriate, it does not work and it is not part of any requirement of government to follow.

Environment, immigration or human rights are not mentioned. A whole number of things are not mentioned. The Conservatives' thoughts are very different from their thoughts about foreign regulation or how to sell the Canadian public on the idea they are taking care of the economy, the economy being a very complex organism which has social, cultural and environmental aspects to it at all times.

I was a small businessman for many years in the Northwest Territories. I dealt with small businesses in limited markets under very difficult conditions. Regulations set out a pathway for businesses in many cases. They provide, and should provide, a mechanism by which business people can conduct their business in a good and proper fashion. That is the purpose of regulation. Regulations put everyone on a level playing field. Everyone is required to abide by regulations.

Within the economy, there are some rules and conduct that can make business work. Therefore, regulations are very important. To simply deal with regulations in this rather cavalier fashion, saying that for every new regulation we create we are going to take one away, is patently absurd.

Let us go back to the environment. The Conservatives have been changing environmental laws to help large resource developers to effect their businesses better in the three northern territories. That has not worked very well for them. With the changes to the NWT environmental legislation that occurred last year along with devolution, they are now in court with first nations over those changes.

Now we have uncertainty in the Northwest Territories about how development is going to proceed because of those changes. Now the government has decided to do a somewhat similar thing in Yukon with Bill S-6. It would make changes to the Yukon environmental legislation.

The bill has created a firestorm among first nations and ordinary Yukon citizens right across the territory. The people of Yukon understand that the best way for developers to proceed is with the full understanding and co-operation of first nations.

What the government has done in both territories is created this chasm and brought legislation forward which has the exact opposite effect of what it says it is trying to do. I think this bill will probably be similar in some ways.

As I said earlier, if regulations are not appropriate, they should be taken down. We should not wait until another regulation comes along to decide that a regulation is not appropriate anymore. That really is an unbelievably inane way of conducting government.

The NDP has some sensible suggestions for small business. What are we going through right now in Canada? We have a dollar that has dropped by about 20%. What does that do for small businesses that want to innovate and expand their production base, much of which would be imported machinery?

What we need is an innovation tax credit to encourage investments in machinery, especially at this time when we are dealing with 80¢ dollars that have to buy equipment from countries that have a better exchange rate, like the United States.

The NDP tax innovation credit is a good idea. It is an idea for 2015, for the situation in which we exist today. The New Democrats would also extend the accelerated capital cost allowance, which would allow businesses to quickly write off the cost of processing equipment and machinery. This allowance is set to expire this year. At the very time it is needed most, it is going to expire.

Hopefully over the course of this year, as the government changes, we will be able to put some of these things into effect.

As well, cutting the small business tax rate from 11% to 10% and then to 9% is a good solid idea. Small businesses create jobs, they grow communities and they provide services to those who would not have them otherwise.

We do not see multinational corporations investing in small business in my communities in the Northwest Territories. We see the average Joe, the person who has a few dollars and wants to make a difference putting that to work in his community. A lower tax rate for those people ensures that the money will circulate within the economy.

Lowering the tax rate for multinational corporations with multitudinous shareholders all over the world means that the money is dispersed to other sources, dead money in many cases, sitting in banks, good to no one at all. Perhaps we should have a look at other ways to activate that money. That is something the NDP government can look at as it moves into the future.

I have a minute left, and that is probably all the bill deserves. It is really does nothing. The way it is set up it will be meaningless in the future. It is just another wasted effort on the part of the Conservative government to try to show how it can use symbols rather than real work to persuade Canadians that it is on their side.