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 / 4:20 p.m.
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Conservative

Bernard Valcourt Conservative Madawaska—Restigouche, NB

Mr. Speaker, that is a good question, because the policy direction issue is one of the specific points opposed by some first nations advocates in the Yukon in particular.

This exists in other legislation. It has been used before. We are not reinventing the wheel. The record will show that each time a federal minister has used this power with the Mackenzie Valley Land and Water Board in the Northwest Territories, where it exists, it has actually been to protect first nations rights. It has been used to ensure that the board carries out its functions and responsibilities in co-operation with the Akaitcho Dene First Nation and its pre-screening board. It has provided instruction to the board to ensure that it fulfills its obligations under the Deh Cho interim measures agreement. It has required that notification be provided to both the Manitoba and Saskatchewan Denesuline regarding licences and permits.

According to the act, these directions cannot affect a project under review and will be beneficial for first nations and everyone in the north.

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

March 11th, 2015 / 4:20 p.m.
See context

NDP

Anne-Marie Day NDP Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, it is very discouraging to hear the Conservatives provide the sort of answers schoolchildren would provide. In fact, the answers they have been giving opposition members for the past 20 minutes are worse than the answers schoolchildren would provide.

We are asking to be able to talk about and explain things and participate in the debate. The Conservatives are cutting short the debate and saying something so terrible that I will not repeat it.

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

March 11th, 2015 / 4:20 p.m.
See context

Conservative

Bernard Valcourt Conservative Madawaska—Restigouche, NB

Mr. Speaker, I did not hear a question.

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

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

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

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

March 11th, 2015 / 4:20 p.m.
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NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, the minister has opened the discussion on this. What is so apparent here is that the government, in wanting to bring limitation on the debate, will give us a remaining five minutes to try to be a voice for the people of the north. Instead of spending the time actually hearing from representatives of this place on behalf of the electorate, it is going to limit our time to five minutes.

Why is that serious? It is because the process for the bill is exactly the same failed process the government followed in similar legislation for the Northwest Territories. As a result, the Tlicho and the Sahtu, whom the minister mentioned, have the government in court for exactly the failed unilateral process it followed, which is unconstitutional.

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

March 11th, 2015 / 4:20 p.m.
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Conservative

Bernard Valcourt Conservative Madawaska—Restigouche, NB

Mr. Speaker, I will prefer the judgment of the court on those issues and questions over the judgment of the member. I respect the court, and since these matters are before the court, we will not comment on them.

In regard to the bill, which they want to delay, what they do not realize is they are delaying investment. They are delaying job creation in the north. Also, since as a government our priority is job creation and long-term prosperity, we are going to stick to our agenda and ensure that northerners get the benefit of this legislation.

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

March 11th, 2015 / 4:25 p.m.
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Conservative

John Barlow Conservative Macleod, AB

Mr. Speaker, one of the things that is being overlooked here is the impact the bill would have on the economy of Yukon and Nunavut. That is very important. We are talking about resource extraction and mining.

Our government has made it very clear that growth and creating jobs and long-term prosperity for the north are a top priority for us. The bill would have a very prominent role in guiding Yukon to its future success.

I wonder if the minister could talk a little about what the bill would do for the economic development of Yukon.

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

March 11th, 2015 / 4:25 p.m.
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Conservative

Bernard Valcourt Conservative Madawaska—Restigouche, NB

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

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

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

March 11th, 2015 / 4:25 p.m.
See context

NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, Voltaire once said, “I may disagree with what you say, but I'll defend to the death your right to say it.”

My comment is to you, Mr. Speaker. Limiting the expression of members of this House and limiting the diversity of voices that could come during this debate is doing a grave injustice to our democracy. It is hurting the integrity of this House. I ask you to intervene in this to improve our democracy.

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

March 11th, 2015 / 4:25 p.m.
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Conservative

Bernard Valcourt Conservative Madawaska—Restigouche, NB

Mr. Speaker, I thought you were going to offer him a copy of the Standing Orders so that he would realize that you are not here to answer questions.

The opposition members refuse to admit the very fact that if we let them stand up and talk away on this bill, the House will rise without the northern communities in question benefiting from the bill.

This bill must become law. We want to bring it to the north, go to the Yukon, have the people there give their input on the bill, let the committee do its job, consider the bill, make recommendations, and bring it back to the House.

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

March 11th, 2015 / 4:25 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

That will conclude the 30-minute period.

Before we put the question, it is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Churchill, Aboriginal Affairs; the hon. member for Charlesbourg—Haute-Saint-Charles, Intergovernmental Relations.

Is the House ready for the question?

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

March 11th, 2015 / 4:25 p.m.
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Some hon. members

Question.

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

March 11th, 2015 / 4:25 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

The question is on the motion. Is it the pleasure of the House to adopt the motion?

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

March 11th, 2015 / 4:25 p.m.
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Some hon. members

Agreed.

No.

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

March 11th, 2015 / 4:25 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

All those in favour of the motion will please say yea.

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

March 11th, 2015 / 4:25 p.m.
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Some hon. members

Yea.