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.

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

March 11th, 2015 / 4:10 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

Order, please. When another member has been recognized and has the floor, it is incumbent on all other hon. members to hold their comments—

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

March 11th, 2015 / 4:10 p.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

I am being denied the right to speak on this bill.

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

March 11th, 2015 / 4:10 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

The member for Winnipeg Centre will come to order.

The hon. Minister of Aboriginal Affairs and Northern Development will finish this up, and then we will go to the next question.

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

March 11th, 2015 / 4:10 p.m.
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Conservative

Bernard Valcourt Conservative Madawaska—Restigouche, NB

Mr. Speaker, most of these amendments stem from the five-year review of the Yukon Environmental and Socio-economic Assessment Act, which occurred from 2008 to 2012. These people on the other side say that this would completely change the landscape. Most, if not three-quarters or 98%, of these changes were agreed to by the first nations.

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

March 11th, 2015 / 4:10 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, first nations, other stakeholders, and even individuals like Larry Bagnell, the former member of Parliament, have been very clear that the Conservative government has not done any real consultation. Real consultation means listening, and the minister needs to do just that. He needs to start listening to the needs of our northern communities.

The issue before us today is yet again about time allocation, which is closure. It is the lack of respect the Prime Minister has for democracy in the chamber. It is the 90th time the Conservatives have introduced limitations on members of Parliament. Through the House, we represent constituents back in our home ridings.

My question is for either the minister or the government House leader. Can they justify why they continue to deny MPs the opportunity to represent their constituents? Why does the government continue to not listen to what northerners have to say about important pieces of legislation?

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

March 11th, 2015 / 4:10 p.m.
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Conservative

Bernard Valcourt Conservative Madawaska—Restigouche, NB

Mr. Speaker, we are not reinventing the wheel here. What we are doing is updating the regulatory regime in the north so that it is in conformity with that south of 60 to create a level playing field for these communities and territories. Why should they be penalized, because they live in the north, with a regulatory system that prevents investment?

When we look at the construction season in the north, time is of the essence. The sooner they enjoy a regulatory system that is modern and efficient, the more chance they will have to get the investments that will create jobs for northerners.

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

March 11th, 2015 / 4:10 p.m.
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NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, the people watching us today on CPAC can see quite clearly that the Conservatives are trying to muzzle us in our parliamentary work.

First they decided to hold a vote to prevent us from presenting petitions. We had some extremely important petitions to present. I have petitions from Development and Peace that I was unable to present today because the Conservatives put up roadblocks.

Second, the government moved a time allocation motion on a bill for the 90th time, which is preventing us from doing our parliamentary work. Frankly, this is deplorable behaviour by the Conservative government.

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

March 11th, 2015 / 4:10 p.m.
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Conservative

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.

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

March 11th, 2015 / 4:10 p.m.
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Conservative

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?

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

March 11th, 2015 / 4:15 p.m.
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Conservative

Bernard Valcourt Conservative Madawaska—Restigouche, NB

As a matter of fact, Mr. Speaker, not only would the bill improve the regulatory scheme in terms of investment and time efficiencies, but it would also better protect the environment.

The bill has provisions to increase protection of the environment, and I am very surprised that the NDP would oppose that.

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

March 11th, 2015 / 4:15 p.m.
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NDP

Tyrone Benskin NDP Jeanne-Le Ber, QC

Mr. Speaker, we have heard all sorts of rhetoric about what the bill would do, but this debate is on time allocation being imposed 90 times.

This is the 90th time.

My colleague from Alfred-Pellan asked why this government wanted to delay or stop the work of MPs, and the minister did not answer.

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

March 11th, 2015 / 4:15 p.m.
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Conservative

Bernard Valcourt Conservative Madawaska—Restigouche, NB

Mr. Speaker, I will give him an answer.

It is because we doubt that the NDP can debate this bill expeditiously. As I said earlier, it is important that the regulatory regime in Yukon and Nunavut be updated. The figures support that; I am not making it up. Two years ago, Yukon was ranked second by investors from around the world, and today it is ranked ninth.

I know that economic development, creating jobs and improving the standard of living are not important to New Democrats, but they are to us. We hope that they will join with us and support this bill so that the north can benefit.

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

March 11th, 2015 / 4:15 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, let us hear the voices from Yukon:

The CYFN and Yukon First Nations assert that the federal government would breach its constitutional duty to uphold the honour of the Crown when it proceeded unilaterally with [these] amendments.

That is Mary Jane Jim, from a Yukon First Nation.

We have the Yukon News editorial:

A long list of people deserve raspberries for this needlessly shady behaviour. At the top of the naughty list are Senator Daniel Lang and [the Conservative member for Yukon], who are supposed to ensure that the interest of Yukoners are represented in Ottawa.

Shame on them. The official opposition NDP leader, Liz Hanson, said:

What we need, what is sorely missing, is a willingness to engage in an open and honest manner. We need a relationship built on dialogue and respect, rather than on lawsuits and secret negotiations.

Those are the voices of Yukon that the Conservatives are refusing to listen to. Why are they stifling the debate that Yukoners want to be engaged in?

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

March 11th, 2015 / 4:15 p.m.
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Conservative

Bernard Valcourt Conservative Madawaska—Restigouche, NB

Mr. Speaker, if the hon. member likes quotes, let me quote Premier Pasloski of Yukon, who told the standing committee:

...collectively, these amendments mark an important milestone as they are the culmination of years of hard work and meaningful consultation between all three levels of government....

Let us listen to Johnny Mike, the Minister of the Environment for Nunavut. He said that

This bill is an important step in creating an effective and modern regulatory regime for Nunavut.

[It] will contribute to the environmental protection and economic development of Nunavut.

That is what they oppose. I cannot understand it.

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

March 11th, 2015 / 4:15 p.m.
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Peace River Alberta

Conservative

Chris Warkentin ConservativeParliamentary Secretary to the Minister of Public Works and Government Services

Mr. Speaker, I appreciate this discussion we are having. I think it is important that we see the bill move forward.

I had the privilege of serving as chair of the Standing Committee on Aboriginal Affairs and Northern Development for approximately three years, and it was one of the greatest privileges I have had.

One of the things we heard during some of the hearings was that there was some controversy surrounding the issue of the minister providing policy direction to the Yukon Environmental Socio-Economic Assessment Board under this new legislation. This would allow the minister to give that policy direction.

It is my understanding that other boards have these same provisions. I am wondering if the minister could articulate the circumstances under which the minister has given, or possibly former ministers have given, policy direction to these boards. Under what circumstances was this direction given?