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

June 3rd, 2015 / 4:20 p.m.
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Conservative

Bernard Valcourt Conservative Madawaska—Restigouche, NB

Mr. Speaker, we have here another member who is getting all worked up about the Standing Orders of the House of Commons, which we did not invent. I had the privilege of being an MP over 20 years ago, and the same rules were in place then. Canada is still seen as a vibrant democracy that serves Canadians well.

As my colleague said, there is going to be an election this fall. However, Canadians will have been served by a serious government that is committed to creating jobs in our country, growing our economy and making sure that Canadians' quality of life continues to improve.

Thanks to all of the measures that this government has put in place, Canadians have the lowest tax burden in 50 years. Since the depths of the recession, we have created over 1.2 million good jobs. Were it not for this tool that allows us to close debate when an issue has been debated enough, Canadians would not be reaping all of those benefits.

Bill S-6 is important because the people of the Yukon deserve to be on a level playing field with the other northern regions and the rest of Canada.

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

June 3rd, 2015 / 4:15 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, mere hours ago, I was in Rideau Hall with the hon. minister for a very moving ceremony for the end of the Truth and Reconciliation Commission. Certainly, reconciliation requires, at a minimum, respect for first nations and respect for treaties. Bill S-6 does the opposite.

I would plead with the minister not to use time allocation to limit debate. It adds insult to injury, once again, for Canada's first peoples.

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

June 3rd, 2015 / 4:10 p.m.
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Conservative

Bernard Valcourt Conservative Madawaska—Restigouche, NB

Mr. Speaker, let me thank the hon. member for his question but mostly for his work on behalf of Yukoners. He is always at work to ensure that Yukoners do indeed participate in Canada's prosperity.

As I said, our government's top priority is creating jobs, growth, and long-term prosperity, and this is no different in the north. The reason we must allocate time to pass Bill S-6 as rapidly as possible is that it will establish conditions in both Yukon and Nunavut that will encourage continued investment and ensure that Canada's north remains an attractive place for industry investments in an increasingly competitive global market.

For example, Bill S-6 introduces timelines that will create consistency and predictability in environmental assessments and the issuance of water licences. Another piece of the bill makes sure that once a project has been assessed once, it will not require another assessment unless there has been a significant change to the project, reducing duplication.

Provisions like these will attract investment to Yukon and Nunavut, which will act as a major driver of jobs across the territories.

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

June 3rd, 2015 / 4:05 p.m.
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Conservative

Bernard Valcourt Conservative Madawaska—Restigouche, NB

Mr. Speaker, juste en passant, I would like the hon. member to acknowledge that this is not about amendments to just the Yukon process. Important changes to the regulatory system in Nunavut are also contained in Bill S-6, and all Nunavummiut have endorsed these holus-bolus. I would invite the hon. member to consider that aspect of the bill also.

On the issue of consultation, the member is totally wrong. That is the leadership of the Liberal Party. The Liberals follow the crowd. Wherever the wind blows, that is where they go.

We are a principled party and a principled government. This is about job creation. This is about economic growth. This is about protecting the environment. This is about long-term prosperity.

At the moment, there is an imbalance. The government of the Yukon has asked us to pass this bill, because it wants to get to a level playing field with the other territories and with the provinces south of 60. This is about creating certainty. This is about securing investment in the natural resources sector, where first nations, I wish to remind the House, are co-managing the YESA Board with the Government of the Yukon and the Government of Canada.

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

June 3rd, 2015 / 4:05 p.m.
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Liberal

Yvonne Jones Liberal Labrador, NL

Mr. Speaker, I am very disappointed today to see that the government is trying to push this bill through the House of Commons and is calling time allocation, not unlike what it has done throughout this whole process on Bill S-6.

This is supposed to be an improvement of the regulatory process for Yukon. While many of the recommendations that were put forward were accepted by first nations and Yukoners, there were four that were not. They were not accepted because they were not in the best interests of the first nations governments, nor were they in the best interests of Yukoners, not did the government consult them in a fair way.

When we went to Yukon and held hearings and heard testimony from the many people who came out, the member of Parliament for Yukon was there. When we came back to Ottawa and sat in committee and made the amendments to this bill that Yukoners and first nations were asking for, their own member was not there to even vote on them or support them, and none of the government members supported them.

There is an injustice being done to the individuals who have protested this bill and have concerns about it. I ask the minister why he is calling time allocation today. Why is he stifling the people who have legitimate concerns regarding Bill S-6, namely the people of Yukon?

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

June 3rd, 2015 / 4:05 p.m.
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Conservative

Bernard Valcourt Conservative Madawaska—Restigouche, NB

Mr. Speaker, a serious parliamentarian, a serious party, and a serious government do not inform their agenda by headlines in newspapers. They inform their policy agenda by the needs of Canadians.

This government is creating jobs, creating economic growth, and ensuring the long-term prosperity of not only Canadians south of 60 but of all Canadians from coast to coast to coast. That includes Yukon, that includes Nunavut, and that includes the Northwest Territories.

The regulatory changes from the action plan this government has put forward are designed to achieve four fundamental and beneficial objectives. The first is making reviews of development projects more predictable and timely. The second is reducing duplication in the review process, something that we know the NDP does not believe in. It strives for duplication. The third is strengthening environmental protection. The fourth is achieving meaningful aboriginal consultations.

This is what Bill S-6 is all about. Throughout this process, we have fully engaged with the first nations, who are our partners under the umbrella agreement. It is with those signed first nations and the Government of Yukon that we will continue to work in partnership to create more wealth, more jobs, and long-term prosperity for all Yukoners.

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

June 3rd, 2015 / 4 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, the minister forgot to mention the 98 times the government has imposed closure and time allocation. It is a record. It is the worst governmental record ever in Canadian history.

It also has the worst record of rejected legislation. The Conservatives bring shoddy legislation into the House, and the courts reject it. A dozen times now the courts have simply thrown out the junk the government has put on the floor of the House and then forced through the House. The government has the worst legislative record in Canadian history.

Now, we are talking about Bill S-6. Here we have a Yukon News editorial from June 13, 2014, which tells us all what people in Yukon think about this bill. It says:

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 member for Yukon], who are supposed to ensure that the interests of Yukoners are represented in Ottawa. Instead, they’ve kept the public out of the loop, other than [the member for Yukon] uttering vague generalities about the forthcoming changes without offering any meaningful specifics. Shame on them.

That is a voice from Yukon. Those Yukoners should have been listened to by the government. Why did the government not listen? Why is it trying to force a bad bill through the House of Commons?

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

June 3rd, 2015 / 4 p.m.
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Conservative

Bernard Valcourt Conservative Madawaska—Restigouche, NB

Mr. Speaker, the comments of the hon. member betray his lack of understanding and knowledge of what led to Bill S-6. He says there was no consultation. Improvements to the regulatory system have been contemplated since 2007, and they were informed by a review by Neil McCrank, the federal government's special representative for the northern regulatory improvement initiative. In his review of the regulatory systems across the north, he consulted widely with aboriginal groups, governments, and industry. These consultations resulted in his 2008 report, entitled “The Road to Improvement”.

In 2012, the Government of Canada subsequently announced the action plan to improve northern regulatory regimes, which drew upon recommendations in this 2008 report.

The short answer as to why we have this motion today is that it is to give the northerners the benefit of its impact.

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

June 3rd, 2015 / 4 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, for those who watch the proceedings of the House, I am sure they cannot help but be disappointed in the Conservative-Reform style government. It is a government that since it acquired a majority has had a different attitude in the House of Commons. It is one where it feels it does not need to consult with people, that it can just walk over some very basic democratic principles. It is one that does not understand the need for diligence. It is one that does not understand the need for working with people or working with members of Parliament. In dealing with important legislation like Bill S-6 and the northern regulatory regime, the government has failed on so many counts.

The government, by once again relying on a time allocation motion to get its agenda passed, speaks of incompetence. It speaks of a genuine lack of respect for parliamentary procedure and ultimately for Canadians. It continues to try to prevent members of Parliament from being engaged and representing their constituents on the floor of the House of Commons.

My question is not for the minister but rather for the government House leader who is the minister responsible for forcing this legislation through, as he has done on so many pieces of legislation. Why does the government need to use time allocation in such a fashion that it has created a record, which cannot even remotely come close to being matched, as the worst government in Canada's history in using time allocation or closure to get its legislative agenda passed?

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

June 3rd, 2015 / 3:55 p.m.
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Madawaska—Restigouche New Brunswick

Conservative

Bernard Valcourt ConservativeMinister of Aboriginal Affairs and Northern Development

Mr. Speaker, if this is the 98th time that such a motion has been proposed to the House, it means that this Parliament, our party, our government will have accomplished a lot of work for the benefit of all Canadians.

Bill S-6 is the final legislative step to fully implement the action plan to improve northern regulatory regimes. The bill would complete the northern regulatory improvement legislative agenda. The agenda has included the passage of the Northern Jobs and Growth Act, Bill C-47, and the Northwest Territories Devolution Act, Bill C-15.

I understand the member for the Northwest Territories wanting to keep Yukon on a different playing field than the Northwest Territories. He should be more generous. The bill would level the playing field for all the territories in the north. The regulatory regime would be the same as south of 60, so northerners could benefit from the certainty this would bring to their regulatory regime in that territory.

Business of the HouseOral Questions

May 28th, 2015 / 3:10 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, when it comes to reducing taxes everyone knows these are Conservative ideas and Conservative proposals. In fact, when we reduced the GST from 7% to 6% to 5%, saving Canadians billions of dollars, the NDP voted against that measure to benefit Canadians. Therefore, we know who is delivering on lower taxes for Canadians.

This afternoon we will start the report stage of Bill S-7, the zero tolerance for barbaric cultural practices act. Needless to say, I am disappointed to see on today’s notice paper some 17 report stage amendments, which, all told, would eviscerate the content of the bill. From these proposals, the opposition are clearly signalling that they do not support this Conservative government’s efforts to send a strong message to those in Canada, and those who wish to come to Canada, that we will not tolerate cultural traditions that deprive individuals of their human rights. Early and forced marriages, “honour”-based violence, and polygamy will not be tolerated on Canadian soil, so Conservatives will be voting against all of these opposition amendments.

Tomorrow, we will resume the third reading debate on Bill C-42, the common sense firearms licensing act. I am optimistic we can pass the bill soon so the Senate will have adequate time to consider these reductions in red tape, which regular, law-abiding Canadian hunters, farmers and outdoor enthusiasts face.

Monday shall be the sixth allotted day. The New Democrats will provide a motion for the House to debate when we come back from a weekend in our constituencies.

We will complete the report and second reading stages of Bill S-4, the digital privacy act, on Tuesday. Earlier today, the House heard my colleague, the Minister of Industry, explain the importance of this key legislation.

Wednesday, we will see the House return to the report stage of Bill S-6, the Yukon and Nunavut regulatory improvement act. This legislation is clearly both needed and wanted north of 60. Bill S-6 would modernize regulatory regimes up north and ensure they are consistent with those in the rest of Canada, while protecting the environment and strengthening northern governance.

Next Thursday, June 4, will be the seventh allotted day, when the House will again debate a topic of the New Democrats' choosing.

Finally, for the benefit of those committees studying the supplementary estimates, I am currently eyeing Monday, June 8 as the final allotted day of the supply cycle. I will, however, confirm that designation at this time next week.

Bill S-6—Notice of time allocation motionYukon and Nunavut Regulatory Improvement ActGovernment Orders

May 27th, 2015 / 3:25 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I must advise that an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) concerning the proceedings at the report and third reading stages 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.

Pursuant to the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose, at a future sitting, motions to allot a specific number of days or hours for the consideration and disposal of the proceedings at the said stages of the said bill.

Motions in AmendmentYukon and Nunavut Regulatory Improvement ActGovernment Orders

May 25th, 2015 / 1:45 p.m.
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NDP

Matthew Dubé NDP Chambly—Borduas, QC

Mr. Speaker, I am pleased to speak to Bill C-6 today because we are dealing with a process, and this is extremely important, no matter what members on the other side are saying. In this case, the people who will be affected by these decisions have not been adequately consulted. The government unfortunately has a habit of not consulting people on a number of issues.

It is even more troubling in the case of the Yukon, which we are discussing today. Not too long ago, Bill C-15, if I am not mistaken, gave more powers to the territories, which was in line with what was done in the Northwest Territories a few years ago. We recently adopted the same type of approach with the Yukon.

It appears as though the pendulum is swinging the other way now. The government is bringing the power back to Ottawa and is giving itself more discretionary powers. This bill is a way to push through some natural resource development projects and to once again gut our environmental protection laws, which is another worrisome trend from this government.

Since we started the debate this afternoon, the Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development has been telling us that everyone in the Yukon agrees that the existing rules only delay the process, since it is unpredictable. However, as my colleague from St. John's East just pointed out, the rules proposed by the Conservatives make the situation even more unpredictable, since they simply say that if any communities in the Yukon are unhappy with the result they will have to go to court.

Speaking of trends, that is another one we are seeing more and more of all the time. Instead of being proactive and proposing legislation and an approach to governance that does not require legal proceedings, the government seems to be saying that this is not so bad because these people can turn to the courts. The focus is on the cure instead of prevention. If the government wants to have a real dialogue, then it has to prevent these conflicts where people, particularly first nations, feel that their rights are being trampled. Dragging things through the courts prolongs and encumbers the process, which makes the situation even harder for businesses that want to propose a project.

The interesting thing in the debates on the environment and the economy is the matter of environmental assessments. That came up again today, through this bill. If we took this responsibility seriously, we would not be obstructing those who advocate sustainable and responsible development. However, the government seems to believe that such legislation always gets in the way of development. Instead of trying to come up with better assessments, the government simply wants to get rid of them all. Words like social acceptability often come up when we talk about natural resource development projects.

It is clear that Bill S-6 has failed when it comes to social acceptability. The federal government might say that the territories are different from the provinces, but we must not play political games with the rights of the people of the Yukon and of the Yukon's first nations.

The parliamentary secretary talked about funding that was offered to the first nations, but that is not enough. The dialogue cannot be driven by money alone. There has to be a proactive attitude, a willingness to reach out and some openness.

We can have all the tools and resources in the world, but if we do not believe that they will be useful and that this dialogue will improve things, then it is hard to bring two or more partners to the table.

The parliamentary secretary also said there were many meetings, but that is precisely one of the things that people, including first nations, are upset about. Closed-door meetings do not count as public consultation. It is pretty easy to sit down with select stakeholders, then say that consultations were held and people should be satisfied with that. The problem, once again, is what people are feeling. I want to respond again to the parliamentary secretary's remarks. He just asked if the NDP will be challenging all of the legislation about which witnesses say they were not adequately consulted.

We all know that in politics it is impossible to please everyone, but when it comes to Bill S-6, everything we heard in committee and in the Yukon points to agreement among members of the public and first nations: the consultations were inadequate. That is why the Yukon NDP moved a motion in the legislature there to condemn this bill. Sure, they can pull out quotes here and there to support the argument that this is a step forward, but I am not talking about an exception; I am saying that most people think this.

Consequently, I believe that it is important to recognize that the government's approach is problematic. All too often, people condemn its bills and its approach and the government views them as exceptions. Very often these people are voicing the concerns of the majority, and therefore it is all the more important for the government to listen.

In matters affecting first nations especially, this is happening more and more frequently. One of my colleagues spoke about the government's paternalistic approach in its relations with first nations. That is the problem, more than the bill's outcome. When the government is considering making such a fundamental change to the way a territory is managed—a change that could call into question some rights enjoyed by first nations—telling them to just go to court reflects a paternalistic approach. There is no doubt about that, and we see it all too often with this government.

I made a mistake at the beginning of my speech. I said Bill C-6, but I meant Bill S-6. There again, Senate bills are increasingly common, and that is a problem. This is not a Senate bill, but a government bill that is proposing to make a very important, even draconian change to how the Yukon conducts its environmental assessments. The bill would also give discretionary powers to the minister.

The fact that the Senate passed such a bill and sent us such a fundamental change is very problematic in terms of how our two chambers operate, and it is especially problematic when we consider how long it takes for the Senate to pass private members' bills originating in the House of Commons. Consider, for example, the bill introduced by the member for Esquimalt—Juan de Fuca on the rights of transgendered people. The Senate is dragging its feet on passing it. Unfortunately, at this rate, it will not even pass before the election is called. I am using this as an example because Bill S-6 is a government bill, and we know how quickly senators pass government bills and how long it takes them to pass private members' bills. I think this clearly illustrates the problems that arise as a result of how the system works, and this only adds to public cynicism.

I touched on this earlier, but the issue of ministers' discretionary powers is becoming more and more common in government-sponsored bills. This government likes to govern in such a way that ministers are too often allowed to use discretionary powers to adopt certain policies. This is extremely troubling and worrisome when it comes to environmental assessments.

The government prides itself on having a system of checks and balances in place, but those checks and balances are the courts. Everyone knows that the courts are a good tool for protecting fundamental rights, but at the same time, a good government should not settle for getting to that point. I realize I am repeating myself, but this is really what stands out the most on this particular issue.

In closing, I would like to reiterate that we are prepared to work with the people of Yukon. The Yukon NDP is doing a terrific job. The member for the Northwest Territories knows what managing a territory actually involves and how to work with the federal government. We can do this job properly.

Unfortunately, all too often, the federal government is content to just centralize and impose its way of doing things on others. That is not how we believe that things should be done. There must be an open dialogue among the various nations, particularly the first nations. That is the approach that we advocate and this would be an opportunity to implement that approach. That is why we are opposed to this bill.

Motions in AmendmentYukon and Nunavut Regulatory Improvement ActGovernment Orders

May 25th, 2015 / 1:30 p.m.
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NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, I am pleased to rise to speak 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, which is before this House at report stage.

It is a bill that arises out of fulfilment of the obligation of the Yukon Umbrella Final Agreement on the one hand and the Nunavut Land Claims Agreement on the other hand, because two acts are amended in this legislation. The Nunavut one is less controversial. In fact, there is no serious objection to it, but the Yukon one is quite different.

Let me say first, there is a bad history of the Government of Canada, both Liberal and Conservative, in dealing with agreements that had been signed with aboriginal peoples in the Northwest Territories, in the north in general. The Nunavut Land Claims Agreement was signed in 1993 by the Liberal government. In very short order, a failure to actually carry out the terms of the agreement ultimately led to a court case that went on for years and years and was only settled in the last month or two by the present government, which had resisted settling that since it has been around in 2006.

We have a history of not honouring the agreements that have been signed. In this case, the Yukon umbrella agreement was signed and part of it was put into place under the Yukon Umbrella Final Agreement. The five-year review was scheduled to be held, initiated in 2007 and completed in 2012. The agreement was never made public because of a disagreement. The final consultations took place on this, but the amendments that are put forth to establish an assessment process were never discussed with the people of the Yukon.

We now have what is being called by Yukoners an imposed agreement dismantling the environment and socio-economic assessment process, which was developed in the Yukon by Yukoners for the Yukon. The message we are getting from the people of the Yukon is that the Conservative government, with the full assistance of the Yukon MP and the senator for Yukon, is forcing a pro-southern resource company agenda unilaterally down the throats of Yukoners.

That is the assessment that we have, based on what we are hearing from the people of the Yukon in terms of the level of consultation, the failure to listen to what they were told, the failure to actually consult them and actually running roughshod over the arrangements that had been made between the aboriginal peoples of the Yukon and the Government of Canada in the establishment of this process.

There are significant concerns about the following amendments that are being imposed here, one which would provide the Minister of Aboriginal Affairs and Northern Development with the authority to provide binding policy direction to the Yukon Environmental and Socio-economic Assessment Board. This is a supposedly independent board that came about as a result of discussions and negotiations out of the land claims agreement and the Final Umbrella Agreement, and now we would have the Minister of Aboriginal Affairs and Northern Development make binding policy directives.

How does that maintain the relationship between the aboriginal people, the Yukon government and the Government of Canada in this particular process?

It has been said here that it is only to ensure that the aboriginal rights are being protected, but that is not what the legislation says. It says that the minister is given this unilateral power to make this decision.

There is also a provision to introduce legislative time limits for assessments. There is no real necessity for that. In fact, as has been expressed by people who are very familiar with the process, that kind of approach of applying a beginning-to-end timeline was objected to, which is interesting, because we would think that a timeline would actually speed up the consultation and assessment process.

For example, Millie Olsen, Deputy Chief of First Nation of Na-Cho Nyäk Dun, said:

YESAA currently has timelines for assessors to review each iteration. This approach encourages proponents to prepare comprehensive applications that minimize iterations. Proponents who prepare adequate applications quickly are rewarded under the current process because they can proceed quickly.

On the other hand, the Bill S-6 approach of applying a beginning-to-end timeline will reward proponents who prolong the adequacy review phase by using up time with multiple iterations. The approach will penalize assessors and reviewers like first nations because it will shorten the most important public review phase, infringing on our right for comprehensive reviews of projects.

That is how the distortion and arguments occur, where the proponents of Bill S-6 say there will be timelines for certainty but the timelines actually serve to choke off public consultation and prevent the actual meat of the review process, which is consultation with the aboriginal people. That is obviously nefarious. In fact, Mr. Felix Geithner, Director of the Tourism Industry Association of Yukon, called Bill S-6 “a shoddy piece of legislation”. He said it:

...sows discord rather than the certainty it sets out to create. More than this, the proponents of this bill have set an adversarial tone in Yukon with Yukon first nations and a number of key organizations and businesses....

Therefore, when we are talking about legislation that is supposed to be designed to improve things, actually going the other way, which comes from Ottawa, not from Yukoners themselves, then we know there is a problem with Bill S-6.

Why is it called Bill S-6? It is because it originated in the other place. I do not know why the legislation is coming here from the Senate. Why is it not coming from the House of Commons? It is appalling that we have a system where the Senate of Canada is initiating legislation and we get it afterward. It has done the sober second thought first. I am not sure how that works. What are we doing? We are doing the sober second thought on the Senate.

Motions in AmendmentYukon and Nunavut Regulatory Improvement ActGovernment Orders

May 25th, 2015 / 1:15 p.m.
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Conservative

Blake Richards Conservative Wild Rose, AB

Mr. Speaker, it is a pleasure to rise today. As chair of the House of Commons Standing Committee on Aboriginal Affairs and Northern Development, it is particularly important for me to have the opportunity to speak to Bill S-6 today at report stage.

As chair of the committee, I had the privilege of travelling to Whitehorse with the committee to hear directly from Yukoners about the legislation. From this experience, it is clear to me that Bill S-6 certainly has the potential to have a profound impact on the economic development in Yukon and Nunavut. I am proud to have a chance to explain to the House why I believe this to be the case.

Our Conservative government takes great pride in our commitment to Canada's north. In fact, our northern strategy has increased funding for infrastructure, protected Canada's Arctic sovereignty and had 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 working on and accomplishing since we came into 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 regulatory regimes in Yukon and Nunavut.

Bill S-6 would strengthen these regimes by making effected regulatory frameworks strong, effective, efficient and predictable.

Let me quote the Hon. Darrell Pasloski, the Premier of Yukon, who 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.

That is a clear statement.

The changes proposed in this bill will encourage resource development and ensure sound environmental stewardship. In the case of Yukon, Bill S-6 would make a number of improvements to the Yukon Environmental and Socio-economic Assessment Act, commonly referred to as YESAA.

The first of these changes I will discuss 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 has been a significant modification to the project as it was originally assessed. This will certainly 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.

It is for this reason that I strongly oppose Motion No. 4. I encourage other members to do the same. The member for the Northwest Territories who proposes to remove this principle from Bill S-6 only provides further proof that a New Democratic government would hinder future economic development in Yukon and all across the North. .

In addition to the introduction of the “one project, one assessment” principle, I would like to take this opportunity to discuss how the bill would further improve the regulatory system and drive economic development in Yukon.

Bill S-6 would introduce to YESAA beginning-to-end legislative 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 time making, and Bill S-6 would enshrine these in legislation. These 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 believe the motions regarding the removal of timelines in Bill S-6, specifically Motions Nos. 5, 6, 7 and 8 proposed by the member of Parliament for the Northwest Territories, would actually hinder economic development and growth in Yukon. Passing these motions and removing the associated clauses will prevent important regulatory improvements from coming into force.

Our government understands that timelines will improve proponent and investor confidence, provide certainty and consistency to the regulatory process and will ensure efficiency at all stages.

The time limits introduced in Bill S-6 would 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 all vital pieces of an effective regulatory regime and that they will help to drive economic development in Yukon. 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 unnecessarily by the 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 Standing Senate Committee on Energy, the Environment and Natural Resources heard these 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.

The time limits contained in Bill S-6 would provide proponents with that consistency, which would lay the ground work for economic growth and development in Yukon. This is why I strongly oppose the passage of Motions Nos. 5, 6, 7, and 8. Despite being well aware that this legislation would benefit Yukon, the opposition continues to ignore residents in Canada's westernmost territory. Fortunately, the member of Parliament for Yukon is working hard to provide Yukoners with the best representation they have had in years.

While I object to all of the motions that the opposition has brought forward today, I take particular exception to Motion No. 5, which would remove time limits for designated office assessments. Moreover, it would also prevent the inclusion of the concept of reasonably foreseeable activities in the scope of cumulative effects of projects. While this may appear to be a very technical point, it is important to remember that this concept was actually a recommendation from the YESAA five-year review that was agreed to by Canada, the Government of Yukon and Yukon first nations. Removing provisions of the bill that have been jointly agreed to by all three parties to the Yukon Umbrella Final Agreement represents a step backward in Canada's relationship with the first nations of Yukon.

These regulatory improvements would 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 members from all parties to support Bill S-6 as it stands now, and to reject Motions Nos. 5, 6, 7 and 8.