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.

Status

This bill has received Royal Assent and is now law.

Summary

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.

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.

Votes

June 8, 2015 Passed That the Bill be now read a third time and do pass.
June 8, 2015 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give third reading to Bill S-6, An Act to amend the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Surface Rights Tribunal Act, because it: ( a) was developed without adequate consultation with Yukon First Nations, as per the government of Canada’s constitutional duty, and without adequate consultation with the people of Yukon, as per the government’s democratic duty; ( b) provides the Minister of Aboriginal Affairs and Northern Development with authority to unilaterally issue binding policy direction on the Yukon Environmental and Socio-economic Assessment Board, which undermines the neutrality of the environmental and socio-economic assessment process; ( c) provides the Minister of Aboriginal Affairs and Northern Development with authority to delegate powers to the territorial minister without the consent of First Nations; ( d) provides broad exemptions for renewals and amendments of projects; and ( e) includes proposed timelines on the assessment process that will affect the thoroughness of environmental and socio-economic assessments and opportunities for First Nation input on major projects. ”.
June 3, 2015 Passed That Bill S-6, An Act to amend the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Nunavut Surface Rights Tribunal Act, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
June 3, 2015 Failed
June 3, 2015 Passed That, in relation to Bill S-6, An Act to amend the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Nunavut Surface Rights Tribunal Act, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
March 11, 2015 Passed That the Bill be now read a second time and referred to the Standing Committee on Aboriginal Affairs and Northern Development.
March 11, 2015 Passed That, in relation to Bill S-6, An Act to amend the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Nunavut Surface Rights Tribunal Act, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 4:40 p.m.
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Conservative

John Barlow Conservative Macleod, AB

Mr. Speaker, the member for Algoma—Manitoulin—Kapuskasing spoke quite at length about how dialogue is extremely important. I could not agree more. It is important that we engage first nations, learn what some of the issues are, and have feet on the ground to discuss them. Unfortunately, it is the member's own party that is stopping us from doing just that.

As a member of the Standing Committee on Aboriginal Affairs and Northern Development, I would like the opportunity to go to Yukon and discuss first hand with the residents there some of these issues. I would like to hear the member's response and why the NDP is blocking us from doing those important jobs.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 4:40 p.m.
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NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Mr. Speaker, I do not know what the member is talking about, because we have clearly said that we will actually go to Yukon. Our leader has indicated that there is no problem. If we want to go to Yukon and hear these witnesses—

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 4:40 p.m.
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Conservative

Phil McColeman Conservative Brant, ON

No travel.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 4:40 p.m.
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NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Mr. Speaker, I am telling them right now. Book the travel. We are on our way.

Here we are. This is from CBC News, posted yesterday, on December 3. It says:

The news release points out that the Yukon First Nations have the backing of at least two mining companies in Yukon, "which have sent letters to Minister Valcourt warning that regulatory reforms without meaningful consultation will create tension and uncertainty and urging the government to find a solution."

I am going to add as well that, during the treaty negotiations, first nations actually agreed to retain less than 10% of their traditional territory in exchange for the partnership and management of all Yukon land and resources, and this is what they get from the government.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 4:40 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

We have time for one more question and response.

Just as a reminder to hon. members, with respect to using the proper name of another hon. member, even if it is included in a citation, it is still not permitted. When one is reading the citation, one would simply change the name to the riding or title of the hon. member.

Questions and comments, the hon. member for Brant.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 4:40 p.m.
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Conservative

Phil McColeman Conservative Brant, ON

Mr. Speaker, it was interesting to listen to this debate today and hear the member relay the news that her party was somehow going to change its view on committee travel and travel for members of Parliament to go out to first nations and actually find out.

I am chair of the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, and we were doing a study on first nations about job opportunities for them. We had our travel planned and booked, but it was not allowed to proceed because of the NDP's position.

Could the member explain that to the House please?

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 4:45 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

Before I recognize the hon. member for Algoma—Manitoulin—Kapuskasing, I do note that the question from the hon. member for Brant really does not pertain to the question that is before the House. However, I note that the member for Algoma—Manitoulin—Kapuskasing did make those comments in her remarks in response to another question, so I will allow the question and recognize the hon. member for Algoma—Manitoulin—Kapuskasing.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 4:45 p.m.
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NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Mr. Speaker, we have always been willing to meet at committees. It is just that the government did not call the meetings until just this week. We are willing to travel. We are willing to travel to Yukon to hear these witnesses.

With respect to all that is going on here, at the end of the day, with this type of legislation, the government has basically said it is a take it or leave it package, and these people are against the taking of it at this point, the way it is.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 4:45 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

Before we resume debate, it is my duty pursuant to Standing Order 38 to inform the House that the question to be raised tonight at the time of adjournment is as follows: the hon. member for Malpeque, Agriculture and Agri-food.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 4:45 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, it is with pleasure that I rise today to speak to Bill S-6, a bill that would have a significant impact upon us all, no matter what region of the country we happen to live in. Obviously, it would have a larger impact in our northern region, in particular, Nunavut and Yukon.

I would like to start off by, first, acknowledging and welcoming the suggestion, the possibility of a standing committee being able to travel to get direct input on issues such as this, as it would have a very positive effect in certain situations. We will have to wait and see, through the critics and the minister, whether or not that will actually take place. I was under the impression that the official opposition party was not allowing for committees to travel, but I would hope that position has changed, when in fact there is legitimacy for committees to travel. We will have to wait to see.

One member across the way made reference to the aboriginal affairs committee. I, for one, would welcome the aboriginal affairs committee doing something more tangible on a very important issue, which we saw raised inside the House today; that is, the hundreds of murdered and missing aboriginal women and young girls.

Having said that, I will go right back to Bill S-6.

When I think of Bill S-6, a number of thoughts come to mind. I have been listening very closely to a lot of the questions that have been put forward to the New Democrats, in particular, with respect to the whole issue of consultation. I have had the opportunity to ask some questions, again, with respect to the idea of consultation. I recognize that the bill itself would make some very significant changes. Consultations were in fact warranted, and I think there is a huge question mark in terms of to what degree the government did, in good faith, go into the consultation process.

What I do know is that I have had the opportunity to receive some feedback from a couple of people in particular, from the north. One individual who I had known very briefly when I was first elected in the byelection was the former member of Parliament from Yukon, Larry Bagnell. He was sure that we had an understanding that it would appear as if there was a genuine lack of consultation that had taken place and raised a number of concerns that we felt were important, and one would question why the government was unable to build the consensus that was necessary to get more of a consensus in passing the legislation we have here today. I do not think they have achieved that.

We start to get wind of that, whether it was individuals or stakeholders making contact with caucus critics or caucus offices, but we get that sense in terms of the way in which the government also responds to the legislation.

We have Bill S-6, which has already been time allocated. That says something in itself. It means there will be a limited number of members of Parliament allowed to speak on this legislation. I suspect there might be keener interest from certain members of Parliament, quite frankly, over others, but at the very least, I think that all those who would like the opportunity to share their thoughts on this legislation should in fact be afforded the opportunity. However, like other pieces of legislation, Bill S-6 was time allocated

It does seem, on the surface, that the government uses it as a form of process, that the way it gets its legislation passed in the House is to bring in the time allocation tool.

The unfortunate aspect of that is that we have legislation before us that, ultimately, would have been much better had the government been successful in being able to consult in good faith—and I underline the words “good faith” for the simple reason that many of the answers from the government side are that it has consulted. I have even heard quotes from the government side saying that it has consulted. I suspect that, to a certain degree, it has conducted some form of consultation, but obviously the type of consultation the government espouses has not been effective because of the response we are hearing, that there seems to be a genuine need for the government to go back to the drawing board.

What would Bill S-6 actually do? When we read the summary of the bill, we find that it would, in essence, establish time limits for environmental assessments and a cost recovery regime. It further states:

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....

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....

Very substantial things would be applied through Bill S-6 to two pieces of legislation.

Issues have been brought forward. When I say that there was lack of consultation, a few points were specifically brought to my attention. The government is now proposing some new measures through Bill S-6, and it is questionable as to whether there was consultation to the same degree on these new measures.

The bill would provide sweeping powers for the minister to issue binding policy direction to the assessment board; the minister could unilaterally hand over his power to the territory without the consent of first nations; and there could be exemptions of assessment renewals and amendments to projects. There is also the issue with regard to timelines and whether they are unrealistic. These are some of the areas. The general feeling is that there was no real, genuine consultation on those points, and I suspect others.

In terms of the potential development in the north, it would be wrong for us as a nation, as we continue to evolve and develop, not to recognize the potential of the north, in terms of how Canada as a whole would benefit if it is done properly and well under good stewardship; we can all benefit. That benefit goes beyond just finances. Quite often, when there is legislation of this nature or when we talk about the north, we do not put enough emphasis on the environment, the natural beauty, and how we can help the north become that much more alive for people who have a desire to get the northern experience. There is so much more we can do.

The Liberal Party supports assessing resource wealth in the north in a sustainable way. Unlocking this economic activity is contingent on environmental sustainability and on the impacted aboriginal communities being engaged as equal partners.

The government as a whole has fallen short when it comes to the development of our natural resources. That does not necessarily apply just up north. If we look at the Prairies or any other region in Canada, there has been a vacuum created by the Prime Minister in terms of leadership. We have not seen leadership coming from the Prime Minister's Office on the development of our resources.

We could come up with a number of examples. We could make reference to the legislation before us today or to the controversial issue of our pipelines, where one province is negotiating with another province and the Prime Minister is just standing at the side, not providing any form of leadership to bring the different stakeholders together to try to build consensus.

If we want to develop and promote our resources, we need to build that social contract. Ottawa has a responsibility to be engaged with the different stakeholders and to demonstrate strong leadership. That has been lacking for the last number of years, at a great cost to our community, both economically and socially in terms of development. Opportunities have been lost because the Prime Minister has not seen fit to demonstrate strong leadership in building that social contract.

I have had the opportunity to speak on a number of occasions on legislation affecting our first nations and our aboriginal peoples. If there is a common theme, virtually on anything affecting our first nations or aboriginal peoples, it has been the issue of consultation. That is one of the biggest criticisms, once again.

How can the Conservatives expect an opposition party to get behind legislation if the stakeholders are saying that they were not adequately consulted? We are getting feedback that there are legitimate concerns about the legislation and the impact it would have on development. The government seems to have the attitude that it knows best and does not necessarily need to consult. It wants to say that it consulted, but is it genuine consultation that has taken place?

Eleven self-governing first nations have made it clear that the federal government has not held enough adequate consultation on the bill to merit support. That is a substantial statement. They do not feel that they were adequately consulted. The government has brought things into the legislation that they had no idea were going to be incorporated into the legislation. Were they in fact consulted on all aspects of the legislation that has been brought forward? Based on information we are being provided, that has not been the case, and it has been at a great cost.

I have had the opportunity to fly over, and on one occasion be in, Yellowknife. I used to be a serving member of the Canadian Forces, and what a privilege it was. I was posted out in Lancaster Park, just north of Edmonton. We had the C-130 Hercs, and we would do that northern run for the char up north. Everyone loved having that beautiful fish.

Flying over Yellowknife, one gets a good sense of just how vast our country is. There are so many opportunities there. We can talk about gold, silver, copper, zinc, and many more that are being mined in the north. The potential development there is overwhelming.

The entire population of the north is probably somewhere around 100,000 or maybe a little bit more. We need to play a role, but we need to be working with the territorial governments. We need to be working with the Inuit, our first nations, people of aboriginal heritage, and the communities, those who actually have intelligence on the ground on how we can best develop the north for future generations. It is not just about extracting; it is where we might be able to have additional value.

If we want to move forward, the first priority in bringing in legislation of this nature should be to build consensus. I do not think the government has been successful in building consensus.

I do not think the Liberal Party and the member for Labrador would oppose the idea of the standing committee going to the north to get a better understanding and see first-hand some of the things that are taking place.

At the end of the day, Bill S-6 would have a significant impact. We are looking to the government to deal with the issue in a conciliatory fashion and to respect consultation. That is a word I might have said a dozen times in my speech.

If we are not prepared to do the work, we should think twice before bringing in legislation. If we fail on consultation and force through the legislation, what can happen is more confrontation and problems in the future. It is better to get it right the first time and work in co-operation. If that means taking the extra month or two to get it right, let us take the extra month or two. The attitude the government has demonstrated, even by passing this legislation and bringing in time allocation, speaks volumes.

I realize that my time has expired, so I will leave it at that.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 5:05 p.m.
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Chilliwack—Fraser Canyon B.C.

Conservative

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

Mr. Speaker, the hon. member suggests that perhaps another month or two would solve the problem. We have already conducted consultations for over a year, with meetings taking place and, as I stated previously, over $98,000 provided to first nations specifically to consult on the four issues they have raised. They have been reimbursed over $98,000 to compensate them for their time and expertise in participating in that. I would argue that, if over a year of meetings has not solved the issue and brought us to an agreement, another month or two is not going to get the job done.

The member referred to the delegation of federal powers. I want to refer back to the actual umbrella final agreement. The concern seems to be that this violates that somehow. The delegation of federal powers is specifically addressed in section 2.11.8, which says:

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.

I have addressed some issues of concern previously in the debate. One of the issues is the delegation of federal powers specifically contemplated and laid out in the umbrella final agreement. Would the member not agree that the delegation of federal powers is already part of the final agreement? The final agreement takes precedence over any legislation that is being contemplated here, so why would that not be acceptable to the hon. member?

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 5:05 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I suspect the member might be somewhat missing the bigger picture here. He makes reference to the fact that the government has done some consultation, and I am not saying that the government has done no consultation. It is an issue of how effective the consultation has been.

If the Conservatives take an approach of saying what they want and what they expect and then go to the table and start consulting but have no flexibility, they can do all the consultation they want, but at the end of the day they will not get that consensus unless they are prepared to be flexible and open to other ideas and thoughts. Maybe that was part of the problem. Maybe they should sit down and listen in some of these consultations that have taken place. I still do not think there were enough consultations, by the sounds of it. Based on what I have been told, it seems as if they cut it off, but it does not seem as if the consultation was one of genuine exchange in which the government was actually listening.

Based on what has taken place in the House in my short period here, I have seen the Conservatives take an attitude of saying what they want, and that it does not matter what we say.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 5:05 p.m.
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NDP

Romeo Saganash NDP Abitibi—Baie-James—Nunavik—Eeyou, QC

Mr. Speaker, I do not know how the member for Labrador feels about this issue, but the member for Winnipeg North kept on referring to “our first nations” when speaking about aboriginal peoples. I just want to remind the member for Winnipeg North that I am nobody's Indian here, nobody's first nation here.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 5:10 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, if that is the way the member inferred it, I would apologize to him. It was not meant to be expressed in that fashion whatsoever. I am a very proud Canadian and I recognize the important role of our first nations. Maybe the member can enlighten me on how he would rather I had made mention of it, so I could avoid making that same mistake in the future.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 5:10 p.m.
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Liberal

Yvonne Jones Liberal Labrador, NL

Mr. Speaker, this is a very important debate that we are having around Bill S-6, and I do not think we should lose focus of what is happening here.

This is a perfect example of where the government members opposite are ignoring what first nations people in this country are saying. They are ignoring what aboriginal self-governments in the Yukon are saying. We only have 24 aboriginal self-governments in this country. They have very specific, special legal rights, and there is an obligation by the Government of Canada to honour those rights. What Bill S-6 would do is violate it and disrespect it.

I would ask if my colleague could speak to that particular issue in terms of how these first nations governments have such a legal constitutional right in our country to have every bit of the say that they currently have. Why is that being stripped from them at this time by the government opposite?