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, 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.

[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.

[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.

[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?

[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.

[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.

[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.

[The Acting Speaker, 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.

[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 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.

[The Acting Speaker, 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.

The House resumed from December 4, 2014, consideration of the motion 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, be read the second time and referred to a committee.

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

Mr. Speaker, before I begin, I will be sharing my time with the hon. member for Macleod.

As Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development, I am pleased to speak to Bill S-6. In my role, I have had the privilege of meeting with first nations from Yukon, Inuit representatives from Nunavut, and members of industry from both territories. I am convinced the amendments in this legislation will be beneficial to all parties involved.

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

Improving the regulatory process in the north is something that our government has been accomplishing since it came to office. Improvements began through the Northern Jobs and Growth Act, continued in the Northwest Territories through the Northwest Territories Devolution Act, and will be completed by strengthening regimes in Yukon and Nunavut. Bill S-6 would strengthen these regimes by making effective regulatory framework strong, effective, efficient and predictable.

Let me quote the hon. Darrell Pasloski, Premier of the Yukon. He said:

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

The changes proposed in the bill will encourage resource development and ensure sound environmental stewardship. In the case of Yukon, amendments to the Yukon Environmental and Socio-economic Assessment Act, commonly referred to as YESAA, would introduce beginning-to-end timelines for environmental assessments. This would align the territory's regime with other federal environmental assessment laws across the north and in the rest of Canada. Regulations under YESAA already set out certain time limits for decision making, and Bill S-6 would enshrine these in legislation.

Legislated time limits are an effective way to provide predictability and certainty for proponents, regulators, governments and first nations, without sacrificing the integrity of the evaluation process, and safeguarding environmental protection. I would like to note that this predictability and certainty is something that is desperately needed in Yukon right now.

The Fraser Institute recently published its annual report which ranks different jurisdictions by how desirable they are as a destination for mining investment. In 2011-12, as well as 2012-13, Yukon was rated as the single most attractive jurisdiction for investment in the world. In the years since, Yukon's ranking has fallen to ninth place. This is a result of the fact that other jurisdictions have caught up to and surpassed Yukon, once a world leader in terms of regulatory efficiency.

For a territory that receives the majority of its revenue from resource development, this drop has had a significant impact, and our government is determined to ensure that Yukon continues to set global standards with respect to the mining industry.

Bill S-6 contains provisions that will introduce time limits to improve proponent and investor confidence, provide consistency and transparency to the process, and gain efficiency at all stages of the process. We know from other jurisdictions that these are vital pieces of an effective regulatory regime and that they will help drive economic development in Yukon.

David Morrison, the president and CEO of the Yukon Energy Corporation agrees. According to him:

Having screening processes that don't have defined timelines, and strictly defined timelines, makes it very difficult for people who are investing millions and hundreds of millions of dollars.

Ensuring timely decision making can have a significant impact on the well-being of northern communities. In a highly competitive global marketplace, businesses need assurance of when their projects will move from approvals to the construction phase and not be delayed by unnecessary duplication of regulatory processes. Too many delays may make a proponent look elsewhere, which means a community or first nation could see an opportunity pass by.

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

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

Bill S-6 is garnering such support for good reason. Without sacrificing the integrity of the process or protection of the environment, time limits enable all parties to predict how long a review process will take.

In addition to timelines, there are several other aspects of the bill that would improve the regulatory system and drive economic development in the Yukon.

The first is the implementation of the principle of one project, one assessment. If passed, Bill S-6 will ensure that a new assessment of an existing project will only be required if there had been a significant modification to the project as it was originally assessed. This will reduce duplication of work for proponents and evaluators, while retaining the integrity of the environmental assessment. This is the sort of practical approach that demonstrates our government is protecting Canada's environmental heritage, without resorting to a job-killing carbon tax, such as the NDP and Liberals want to impose on northerners.

Another proposed change to YESAA is the ability for the Minister of Aboriginal Affairs and Northern Development to provide policy direction to the Yukon Environmental and Socio-economic Assessment Board. This power would help to reduce uncertainty and environmental assessment decision-making by ensuring that the government and the assessment boards would be on the same page.

It is important to underline, however, that this authority could not be used to influence a decision on a project or to restrict or expand the powers of the board. This power is provided for in both the Mackenzie Valley Resource Management Act as well as the Yukon Waters Act. In each case, the ministerial power has only ever been used to protect first nation rights.

Taken together, these improvements will create the certainty and predictability needed for responsible resource development projects to proceed.

Our government is committed to jobs, growth and long-term prosperity in the north. The legislation before the House today would play a large role in achieving these outcomes by simultaneously driving economic development and protecting Canada's environmental heritage. I urge all members from all parties to support this important initiative.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, we have heard loud and clear from the parliamentary secretary the perspective of the government on who should be making decisions about Yukon.

I had the privilege of being the first ever assistant deputy of natural resources in Yukon and I know the way Yukoners like to work. They like to work together with first nations and with other Yukoners.

There was a process going on, a five-year review of this statute, which was cut off unilaterally by the federal government. It threw out the issues and preferences of the first nations and brought in three amendments to which the first nations were totally opposed.

I have a simple question for the parliamentary secretary. Who should decide on resource development, environmental protection and socio-economic development in Yukon, Yukoners and Yukon first nations, as per the First Nation Final Agreements, or the southern-based Minister of Aboriginal Affairs and Northern Development?

[Mark Strahl, Conservative, Chilliwack—Fraser Canyon, BC]

Mr. Speaker, Bill S-6 completely respects the Yukon Umbrella Final Agreement. The decision should be made by Yukoners, and that is what we are trying to do with this bill, and what the NDP is opposing.

The NDP members oppose the delegation of authority from Ottawa to Yukon. They are standing in opposition to that, because they believe Ottawa knows best, that we should keep the power away from northerners and not give them the same powers that other jurisdictions in Canada have.

This bill was developed in consultation with Yukoners and first nations. In fact, just on the few amendments that the member mentioned, the Government of Canada has reimbursed those first nations up to $98,695 for those consultations that took place. Therefore, for the member to suggest that has not taken place, that we have not consulted with Yukoners, is patently false.

[David McGuinty, Liberal, Ottawa South, ON]

Mr. Speaker, my question for the member is an important one in this sense.

One of the stumbling blocks going forward over the last several decades in Canada with respect to aboriginal participation in large resource development projects has been the notion of equity participation. Aboriginal peoples, in my view, have a right to have a share of the equity in projects, not simply be the recipients of specific outcomes, be it income benefits or socio-economic benefits, but have full equity participation.

What precisely would the bill do to facilitate, encourage, make as an outcome for our aboriginal peoples in all the resource projects that are contemplated for that region full equity partners?