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

[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.

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.

Bill S-6—Time Allocation Motion

[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.

[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.

[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?

[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.

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Speaker, what he says in that corner is in that corner, all right.

The truth of the matter is that Bill S-6, the Yukon and Nunavut regulatory improvement act, is the final legislative step in the government action plan to improve northern regulatory regimes. This bill responds to years and years of calls for less duplication and a less cumbersome, uncertain review process to evaluate projects, one that encourages development, investment, and job creation in the north, and for that matter, in all of Canada.

[Peter Van Loan, Conservative, Leader 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--Notice of time allocation motion

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I would like to advise that agreements could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the second reading stage of 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.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon this afternoon we will continue debating Bill C-46, the Pipeline Safety Act, at second reading. This bill updates our laws respecting pipelines to make our legislative framework a world leader. The debate will continue—and hopefully conclude—on Monday, March 9.

Tomorrow, before we start our constituency week, we will conclude report stage debate on Bill C-2, the respect for communities act. The bill would enshrine in law the requirement for communities to be consulted when there is an application made to open a drug injection site.

I know the opposition House leader will be very interested in this. Tuesday, March 10 will be an allotted day, and we will have the House debate a New Democratic proposal. I just heard my official opposition counterpart make some comments on time allocation of government bills. Of course, Tuesday will the 79th time allocated opposition day debate of Parliament. That will be the 79th time the NDP has imposed time allocation on a motion it has brought before the House.

Our government allows generous time for debates on bills. We allow considerable time at each stage, yet every time the NDP chooses a subject for debate, it limits the debate to the minimum the rules allow, one day. The rules expressly allow it to allocate a number of its allotted days to a single subject of debate, but on 79 occasions, the NDP has chosen time allocation to the bare minimum of one day. Seventy-nine times it has imposed time allocation on the House to limit debate when it gets to choose the subject. The rules let it choose more days. The rules let it apply more time to those subjects. It chooses not to do that. I invite the hon. member, who seems to have some skepticism, to check out Standing Order 81(16)(b), which gives him that power; so if we want a preview of what could come from the NDP, based on its conduct here, I think we can see it right there.

On that day, March 10, we will finish what I am sure will be the 79th occasion of the NDP imposing time allocation on our ability to debate its ideas. Then, that evening, we will conclude debate on the fourth report of the foreign affairs committee.

On Wednesday, March 11, we will have the third day of second reading debate on Bill S-6, the Yukon and Nunavut regulatory improvement act.

Thursday, March 12 will see the House resume consideration at second reading of Bill S-7, the zero tolerance for barbaric cultural practices act. This is a bill that would demonstrate that Canada's openness and generosity will not extend to early and forced marriage, polygamy, and other similar practices.

We will have third reading of Bill C-2 on Friday, March 13. Finally, for the benefit of committees’ forward planning, I anticipate scheduling Tuesday, March 24, as the last allotted day of this supply period. I will confirm this during next week’s Thursday statement.

Red Tape Reduction Act

[Dennis Bevington, NDP, Northwest Territories, NT]

Mr. Speaker, I am here today to talk about Bill C-21, an act to control the administrative burden that regulations impose on businesses. It is a good bumper sticker for Conservative politics later on in this year. It is also a bill that is in some ways very confusing.

If we take the basic premise that we will get rid of a regulation for every regulation we create, that logically says there are quite a number of regulations that do not need to be on the books right now. Why does the government not do some homework and identify the regulations that are not important to the Canadian public, to businesses and to the happiness of the Canadian state and simply eliminate those regulations? Would that not make more sense than tying up the time of the House of Commons with a bill that really does not nail anything down? It simply lays out a pattern that can or cannot be obeyed. It is sort of like the elections limits law earlier in my time in Parliament. People could follow it if they wanted or they did not have to follow it

The President of the Treasury Board may establish policy or issue directives respecting the manner in which the rules can be applied. We have another law that is really for public consumption. It really will not affect too much in the way that business regulations are set or not set in Parliament.

For instance, it says in the preamble of the bill that the one-for-one rule may not compromise public health, public safety or the Canadian economy. It is in the part of the bill that is not law. It simply talks about the bill. Where Conservatives outline their concerns about where we should not touch regulations on a one-to-one basis, it really is inappropriate, it does not work and it is not part of any requirement of government to follow.

Environment, immigration or human rights are not mentioned. A whole number of things are not mentioned. The Conservatives' thoughts are very different from their thoughts about foreign regulation or how to sell the Canadian public on the idea they are taking care of the economy, the economy being a very complex organism which has social, cultural and environmental aspects to it at all times.

I was a small businessman for many years in the Northwest Territories. I dealt with small businesses in limited markets under very difficult conditions. Regulations set out a pathway for businesses in many cases. They provide, and should provide, a mechanism by which business people can conduct their business in a good and proper fashion. That is the purpose of regulation. Regulations put everyone on a level playing field. Everyone is required to abide by regulations.

Within the economy, there are some rules and conduct that can make business work. Therefore, regulations are very important. To simply deal with regulations in this rather cavalier fashion, saying that for every new regulation we create we are going to take one away, is patently absurd.

Let us go back to the environment. The Conservatives have been changing environmental laws to help large resource developers to effect their businesses better in the three northern territories. That has not worked very well for them. With the changes to the NWT environmental legislation that occurred last year along with devolution, they are now in court with first nations over those changes.

Now we have uncertainty in the Northwest Territories about how development is going to proceed because of those changes. Now the government has decided to do a somewhat similar thing in Yukon with Bill S-6. It would make changes to the Yukon environmental legislation.

The bill has created a firestorm among first nations and ordinary Yukon citizens right across the territory. The people of Yukon understand that the best way for developers to proceed is with the full understanding and co-operation of first nations.

What the government has done in both territories is created this chasm and brought legislation forward which has the exact opposite effect of what it says it is trying to do. I think this bill will probably be similar in some ways.

As I said earlier, if regulations are not appropriate, they should be taken down. We should not wait until another regulation comes along to decide that a regulation is not appropriate anymore. That really is an unbelievably inane way of conducting government.

The NDP has some sensible suggestions for small business. What are we going through right now in Canada? We have a dollar that has dropped by about 20%. What does that do for small businesses that want to innovate and expand their production base, much of which would be imported machinery?

What we need is an innovation tax credit to encourage investments in machinery, especially at this time when we are dealing with 80¢ dollars that have to buy equipment from countries that have a better exchange rate, like the United States.

The NDP tax innovation credit is a good idea. It is an idea for 2015, for the situation in which we exist today. The New Democrats would also extend the accelerated capital cost allowance, which would allow businesses to quickly write off the cost of processing equipment and machinery. This allowance is set to expire this year. At the very time it is needed most, it is going to expire.

Hopefully over the course of this year, as the government changes, we will be able to put some of these things into effect.

As well, cutting the small business tax rate from 11% to 10% and then to 9% is a good solid idea. Small businesses create jobs, they grow communities and they provide services to those who would not have them otherwise.

We do not see multinational corporations investing in small business in my communities in the Northwest Territories. We see the average Joe, the person who has a few dollars and wants to make a difference putting that to work in his community. A lower tax rate for those people ensures that the money will circulate within the economy.

Lowering the tax rate for multinational corporations with multitudinous shareholders all over the world means that the money is dispersed to other sources, dead money in many cases, sitting in banks, good to no one at all. Perhaps we should have a look at other ways to activate that money. That is something the NDP government can look at as it moves into the future.

I have a minute left, and that is probably all the bill deserves. It is really does nothing. The way it is set up it will be meaningless in the future. It is just another wasted effort on the part of the Conservative government to try to show how it can use symbols rather than real work to persuade Canadians that it is on their side.

Yukon and Nunavut Regulatory Improvement Act

[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.

[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?

[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.

[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?