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 / 5:10 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I appreciate the question by my colleague. The member for Labrador has been a very strong advocate for the north and first nations, not only here in the House of Commons but also at the provincial level. She has an excellent understanding of just how important it is that we do consult.

One of the comments I made in my speech was on a common theme in the government's dealings with first nations and aboriginal peoples, namely that it has not done and is not doing anywhere near the type of consultation it should be doing. That pretty closely applies universally to all of the legislation the government has brought in dealing with first nations and aboriginal people.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

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

Mark Strahl Conservative Chilliwack—Fraser Canyon, BC

Mr. Speaker, the member for Labrador just asserted and the member for Winnipeg North also mentioned in his speech that the bill somehow violated the Umbrella Final Agreement.

I would invite the member right now to point to the section of Bill S-6 that violates a section of the Umbrella Final Agreement. To date, no one has been able to do that.

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, in regard to the stripping of the rights of first nation governments, the member can stand up and wave the agreement, and I appreciate that he has a copy of the agreement in his hand. However, as I pointed out earlier, there is a bigger issue that supersedes it, which is the attitude of the government in dealing with issues of this nature. This is where the Prime Minister and his ministers have been caught falling short.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

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

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Mr. Speaker, to my friend from Winnipeg North, there are numerous times in the House when we have not agreed on things, but this is one of the times that we are in agreement.

When the Yukon Environmental and Socio-economic Assessment Board was first envisioned and put together, there was 60 to 70 days' worth of hearings across the north. I have to give credit that it was under a Liberal government when that took place.

Bill S-6 is coming from the Senate. However, the Senate did not do any travel for it. However, if the committee chooses to travel, the NDP will support that travel. I would ask the member very clearly, would he support such an idea by the Liberals?

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 5:15 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I appreciate the question. Given the significance of this, I know that the Liberal Party would be quite supportive of it. My colleague, the member for Labrador, has been fairly clear in explaining that to me. We believe that this is something that would be of great benefit.

Therefore, we have two parties in the House that are saying that we should move forward and do that. Maybe in response to the next question, the government will make that commitment, and so there would unanimous approval by the three major political parties in the House today.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 5:15 p.m.
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Conservative

Mark Strahl Conservative Chilliwack—Fraser Canyon, BC

Mr. Speaker, of course, it was the member for Yukon who first asked that the aboriginal affairs committee travel to the north. We have been quite willing to do that.

Yesterday, the member for Northwest Territories was quite clear that this was not on the table. I guess he has been told that he did not speak for the party, which is not the first time that has happened.

However, yes, I will leave the comment that it was this party that brought it forward. We are glad to have the opposition on board for travel to Yukon.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 5:15 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Well, Mr. Speaker, you heard it first.

We now have unanimous support among the three major political parties. I suspect that the Liberal Party critic will follow through. Hopefully, we will see the committee actually go up north to Yukon and explore other potential opportunities.

At least the debate is coming to a close on a very positive note.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 5:15 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

When the hon. member for Winnipeg North said that the debate was ending, I did not know whether that meant the House was ready for the question. However, I see there are other members who are interested in carrying on.

Before we resume debate, I will let the hon. member for Abitibi—Baie-James—Nunavik—Eeyou know that there are about 12 minutes remaining in the time for government orders this afternoon, and so he will not have his full 20 minutes. Of course, if he chooses, the remaining time will be available to him when the House resumes debate after the end of government orders today.

Resuming debate, the hon. member for Abitibi—Baie-James—Nunavik—Eeyou.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 5:15 p.m.
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NDP

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

Mr. Speaker, in light of your comment, I will try to wrap up this debate on a positive note. I hope I can. As always, I am very honoured to rise in the House to speak to Bill S-6.

I am honoured in the sense that I always have the opportunity to raise issues that are important to me as the member for the northern riding of Abitibi—Baie-James—Nunavik—Eeyou, which is home to a diverse population. I would like to point out that the riding includes 14 Inuit communities, nine Cree communities—soon to be 10, I hope—and two Algonquin communities. In addition, the cities in the riding depend heavily on natural resource development.

It is therefore always a privilege for me to rise to speak to these issues that are important to the constituents in my vast and magnificent riding.

I am particularly honoured to speak to this bill because I would like to raise two critical issues relating to the debate that I am wrapping up. The first is the fact that, in a way, Bill S-6 dismantles the environmental assessment process developed by and for Yukoners. The second is about the whole issue of consulting and accommodating first nations, which has been debated at length this afternoon.

I keep telling the House that these issues are constitutional obligations that we have as a country and that the government has towards first nations. We cannot ignore these very serious issues. They are not fluff and, in fact, I think they are very important.

This very morning, I introduced Bill C-641 in the House. The bill would ensure that the laws of Canada's Parliament are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples. That international document is the only one that specifically covers the rights of the 370 million indigenous people around the world. I believe that we need to find a way to embrace this important document in the House.

When the declaration was adopted in 2007, the UN Secretary-General spoke of this document as the path to reconciliation between states and indigenous peoples. I wholeheartedly support this declaration. It would keep us from going through the kinds of situations we are seeing right now concerning the whole issue of consulting and accommodating aboriginal peoples when legislation is studied in the House.

Article 19 of the declaration states that indigenous people must be consulted and accommodated, in addition to providing their consent, when legislation that would directly affect them is being considered.

I introduced Bill C-641 this morning, and I am very proud of it. It would put aboriginal people and all Canadians on the path to reconciliation, which is so desperately needed in this country right now.

What will happen remains to be seen, and I hope the House will support and pass this bill. I also hope for the support of every Canadian, as this affects us all.

In the Delgamuukw case, the Chief Justice clearly indicated that we are all here to stay. That is a statement I believe in, so let us try to find a modus vivendi so that we can live together in peace and harmony.

I can speak from experience about the environmental assessment process we are talking about in this bill. I chaired the James Bay Advisory Committee on the Environment, which is provided for in section 22 of the James Bay and Northern Quebec Agreement. This committee oversees the implementation of the environmental and social protection regime outlined in the James Bay and Northern Quebec Agreement. Having chaired this committee for many years, I could speak at length about it because I currently understand the importance of having a clear, independent and impartial process.

The James Bay Advisory Committee on the Environment for the southern part of the James Bay area is made up of Cree representatives, members appointed by the federal government and others appointed by the provincial government, the Government of Quebec in this case. It is therefore a clear process.

In this regard, when the environmental assessment process and the powers and mandates of the assessment committees are clear to everyone, development goes well. Development in northern Quebec is going well because people know what to expect. They know the rules and standards set out in the the James Bay and Northern Quebec Agreement. When these things are clear, everyone understands the rules and knows what to expect, whether it is the aboriginal people who are directly affected or the natural resource developers, particularly in the territories. Everything goes well.

Since I will be concluding the debate, I would like to quickly address the issue of consulting and accommodating aboriginal peoples. That is an essential point that has been discussed all afternoon. I was here all afternoon and I listened carefully to both the speeches and the questions and answers on this topic. It is important to consider all of these issues.

My colleague from Nanaimo—Cowichan quoted a few examples of the objections expressed to this government concerning the changes it wants to make with this bill. First, she quoted the Wildlife Conservation Society of Canada. She also quoted the Tourism Industry Association of the Yukon, which expressed its opposition to the bill and its support for the aboriginal peoples in the context of the changes to be made under Bill S-6. I want to quote that tourism association, which is in the territories:

TIA Yukon asserts that taking land use planning decisions away from the Territory will ultimately give tourism operators in the Yukon less of a say over land use issues where resource extraction interests conflict with interests of tourism businesses.

I would also like to read from a letter written by the Canadian Parks and Wilderness Society Yukon Chapter. This letter was sent to the government and to other members here in the House, including some opposition members. The Canadian Parks and Wilderness Society says it is against some of the proposed changes in Bill S-6, and mentioned four points in particular. The first is, and I quote:

...providing the federal minister new powers to give binding policy orders to the Yukon Environmental and Socio-economic Assessment Board as this amendment undermines the independence of the Board....

I just talked about the independence of these processes.

I will close by saying that the first nations directly affected by this bill complained that they were not properly consulted and that their concerns were not reflected by these changes.

We must never forget that we have a constitutional obligation to the first nations. We cannot deny that obligation, simply say that the first nations were consulted and then do nothing to address their concerns. We have a dual obligation to consult them and accommodate them. We must never forget that.

Again, our fear is that these matters will end up before the courts yet again and that once again the courts will side with us. That is our concern.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 5:25 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

It being 5:30 p.m., the House will now proceed to the consideration of private members' business, as listed on today's order paper.

Bill S-6—Time Allocation MotionYukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 3:55 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader 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—Time Allocation MotionYukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 3:55 p.m.
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Conservative

The Speaker Conservative Andrew Scheer

Pursuant to Standing Order 67(1), there will now be a 30-minute question period. I would ask members to keep their questions or comments to about a minute and ministerial answers to a similar length of time.

The hon. opposition House leader.

Bill S-6—Time Allocation MotionYukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 3:55 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

It has been 90 times, Mr. Speaker. This is the 90th time for closure and time allocation. This is the worst record in Canadian parliamentary history by far. The current Conservative government shows a marked intolerance of debate and discussion.

What is really bizarre about this is that we are talking about a bill that has not even gone for its first round of debate. Only eight members of Parliament have even been able to speak on the bill. We have the government moving time allocation for the 90th time, when the bill has not even received proper scrutiny.

As members know, the government has another very poor record, which is for the most pieces of legislation rejected by the courts in Canadian history.

When we combine the two, the Conservatives' intolerance of debate and the fact that often they put forward legislation that has not been properly vetted or properly written, we can see that we have yet another case when it is very clear that the bill before us may well be challenged in the courts.

Just two weeks ago, the last piece of legislation the Conservatives forced through the House, Bill C-15, was rejected by the courts. There is now a court injunction.

We are seeing with the bill on the Yukon a growing tide of reaction from people in the Yukon territory who are saying that they are very concerned about the bill, that it deserves appropriate scrutiny, and that there has not been appropriate consultation. In fact, the Coalition of Yukon First Nations has now threatened court action for another injunction.

Is that not the reason the Conservatives are forcing through, for the 90th time, closure and time allocation? Is it because they know the bill is increasingly controversial?

Bill S-6—Time Allocation MotionYukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 4 p.m.
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Madawaska—Restigouche New Brunswick

Conservative

Bernard Valcourt ConservativeMinister of Aboriginal Affairs and Northern Development

Mr. Speaker, the member complains about this being the 90th time. Well, that is about the number of times his party has stood up with exactly the same reasons. Every time, it is what they complain about, but he cannot bluff his way around this one.

This is not a bill about the Yukon only. It is about the regulatory system in the north, which affects, in this instance, both the Yukon and Nunavut.

For the information of the hon. member who complains about the bill not having been looked at by enough people, this is a bill that comes from the Senate. It has been before the senators. A host of witnesses have appeared before the Senate committee--

Bill S-6—Time Allocation MotionYukon and Nunavut Regulatory Improvement ActGovernment Orders

March 11th, 2015 / 4 p.m.
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Some hon. members

Oh, oh!