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.

Motions in Amendment

[Alex Atamanenko, NDP, British Columbia Southern Interior, BC]

Mr. Speaker, it is with pleasure and a certain amount of emotion that I speak to Bill S-6. My heart has a soft spot for Yukon and its people.

In 1976, I first went to Yukon to undertake a study on the feasibility of expanding youth hostels. For those of us who remember the late 1970s, it was a time of youth migration across this great country. My task was to see if we could set up a network of centres or hostels to accommodate these young people. That was my first opportunity to visit this magnificent area of Canada. I went for a few months and stayed for five years, perhaps the happiest and most rewarding of my life.

My next job involved working with the Yukon recreation branch, which at that time came under the Department of Education. The minister at the time, a current senator for Yukon, was Senator Dan Lang. I fondly remember spending time in his office trying to get support for various initiatives that our branch was working on. Now we see each other occasionally on flights to and from Ottawa. However, unfortunately we do not agree on Bill S-6.

One of the initiatives that I had the pleasure of working on, an idea that came from the director of recreation at that time, Barry Robb, was that of implementing a network of territory-wide recreation and advisory boards that would be all inclusive. We tried and were successful in involving all communities, with first nation participation as equals, helping to break down some of the barriers that existed at that time.

What is puzzling is that this type of consultation process has apparently been lacking in regard to the bill before us. As I read my notes, I find it very troubling that the Conservative government is once again attempting to ram its ideologically driven agenda through without taking into account the needs of all citizens of Yukon.

Yukon is a majestic area with an extraordinary landscape, wide open spaces unequalled anywhere in the world, and with a dynamic proud people. While there, I spent many hours visiting various communities, from Dawson City to Watson Lake. I even had the pleasure of flying into Old Crow in the Arctic Circle. At that time, we had functioning mines in Elsa and Faro. I even spent a few months working as recreation direction in Elsa.

Bill S-6 would unilaterally rework Yukon's environmental and socio-economic evaluation system, a system which is a product of the Umbrella Final Agreement, which settled most of the first nations land claims in the territory. The Yukon Environmental and Socio-economic Assessment Act, YESAA, is a made-in-Yukon solution to the unique environmental and social circumstances of the territory.

It is clear to see that the changes proposed in Bill S-6 are being driven by what I would call the corporate agenda of southern resource development companies. The bill would dismantle the environmental and socio-economic assessment process developed in Yukon, by Yukoners for Yukon.

In my opinion, it is part of the Conservative ideologically driven agenda to systematically weaken environmental protection legislation, with no public consultation, little or no parliamentary security, and often being buried in omnibus budget legislation. Some examples of weakened environmental laws include the Canadian Environmental Assessment Act, Fisheries Act, navigable waters protection act, and Mackenzie Valley Resource Management Act.

It is interesting to note that four former fisheries ministers, three of them Conservative, have been highly critical of the gutting of the Fisheries Act by the current Conservative government. I would like to recognize one of these individuals, the hon. Tom Siddon, who continues to serve his constituents as a director with the Regional District of Okanagan-Similkameen.

As I mentioned earlier, there was incomplete consultation with Yukon first nations before these amendments were made. I find it hard to believe that there was no public process while developing these amendments. At the same time, non-Yukon stakeholders, including the Prospectors and Developers Association of Canada, Mining Association of Canada, Canadian Association of Petroleum Producers, and the Canadian Energy Pipeline Association were allowed input.

It appears as if the Yukon government, with support from the Conservative MP and senator, pushed this deal through in spite of considerable opposition to the changes from Yukoners and the Council of Yukon First Nations. In other words, these amendments favour the Yukon government over the Yukon first nations, the other partner in the YESAA process.

There should not be this kind of division. What is more, the Council of Yukon First Nations has threatened legal action should the bill become law. Ironically, instead of favouring development, Bill S-6 could wind up slowing it down.

Let us listen to what Allison Rippin Armstrong, vice-president of lands and environment at Kaminak Gold Corporation has to say:

...Kaminak is concerned that the process through which YESAA is being amended is creating distrust between governments and uncertainty in the assessment and regulatory process for current and future projects in Yukon.

Specifically, the YESAA five-year review resulted in a number of recommendations, most of which were supported by the parties involved in the review, including Yukon first nations. We understand that some of the proposed amendments do not accurately reflect comments and recommendations raised during the five-year review, and as a result, instead of celebrating a historic alignment between the governments and the Yukon first nations on most of the proposed amendments to YESAA, Yukon first nations have expressed a common position that they intend to take the federal government to court, if Bill S-6 is passed as proposed.

Kaminak is very concerned about this development, because court cases create assessments and regulatory uncertainty in addition to extraordinary delay, all of which erodes investor confidence.

In these difficult economic times, why would any government even consider implementing measures that would encourage economic uncertainty? It would seem to me that a stable environment supported by first nations should be a necessary prerequisite to any shift in policy.

Former Yukon MP Larry Bagnell spoke in the House to the original bill creating YESAA on October 21, 2002. He said:

Much of that time has been spent in consultation with stakeholder groups and, as a result, we have a much better bill and much better process than might otherwise be the case. First nations in particular will have a more meaningful role in assessments in Yukon.

It is safe to say that virtually everyone in Yukon had an opportunity to comment on the bill and many did.

Larry talked about how the department released drafts of the legislation in 1998 and 2001 for public review and undertook two separate tours to meet with first nations and other residents to review and discuss these drafts. He went on to say:

This took time, but it was time well spent. Those in Yukon who participated believe the process was inclusive, transparent and worthwhile.

Why is it that a former Liberal majority government made an effort to adequately consult prior to introducing legislation where our current conservative regime has chosen to disregard the democratic process?

Speaking of the lack of respect for democracy, one only has to look at how the Canadian Wheat Board was gutted in spite of support for the single desk by over 60% of farmers, or the complete rejection of over 20 amendments proposed by the NDP and Liberals to strengthen the food safety act, Bill S-11, or most recently the way that Bill C-51 was rammed through, in spite of the fact that knowledgeable witnesses spoke out against these draconian measures. Clearly Canadians are asking for a change. This will happen in October, but sorry for that digression.

Ruth Massie, Grand Chief, Council of Yukon First Nations said this when appearing before the Standing Committee on Energy, the Environment and Natural Resources:

Pursuant to the UFA, the CYFN, including Yukon First Nations, Canada and Yukon undertook a comprehensive review of YESAA. Initially, CYFN, Yukon First Nations, Canada and Yukon worked collaboratively to prepare the interim YESAA review report. In the end, Canada unilaterally finalized the report and systematically rejected the input from the CYFN and Yukon First Nations.

The proposed amendments in front of the Senate today were not discussed in the five-year review process with Canada and the Yukon government.

Mary Jane Jim, councillor, Champagne and Aishihik First Nations, said:

...it is our view that YESAA has been operating effectively and efficiently since its enactment in 2003. The federal government now works to unilaterally make additional amendments to the YESAA. We did not request these amendments, nor do we support them. These amendments are not necessary.

Let me close by saying that I believe this is not a good precedent in these difficult times. I urge all members of the House to reject this flawed piece of legislation.

[Earl Dreeshen, Conservative, Red Deer, AB]

Mr. Speaker, it is an honour to speak to this legislation. After years of review and consultation with first nations and other northerners, with the legislation proposed in Bill S-6 we can now move forward with improvements to northern regulatory regimes. These improvements will yield long-term benefits for individuals and businesses in Yukon and Nunavut.

I am a strong believer that northerners should benefit from the tremendous natural resources found in their region. Bill S-6 contains critical amendments to northern regulatory regimes that would ensure that northerners benefit from their resources. These amendments would bring both Yukon and Nunavut's regulatory systems in line with that of the Northwest Territories and the rest of Canada. This would ensure that the territories remained a competitive and attractive place to work, live, and invest for generations to come and that northern families had opportunities to grow and prosper.

I want to focus on several changes in Bill S-6 that would modernize the Yukon Environmental and Socio-economic Assessment Act, called YESAA for short, which would enable us to make progress on both fronts.

The goal of the proposed legislation is to consider the potential effects that proposed development could have on Yukon's environment, people, communities, and economy.

The Honourable Darrell Pasloski, Premier of Yukon, said:

...it is becoming increasingly clear that changes to this legislation before you today are essential in order for Yukon to remain a competitive place to do business.

This work is overseen by the Yukon Environmental and Socio-economic Assessment Board, whose mission is to protect the environmental and social integrity of Yukon while fostering responsible development in the territory, responsible development that reflects the values of Yukoners and respects the contributions of first nations.

I would like to focus my remarks today on one portion of the bill. It is the provision that would allow the Minister of Aboriginal Affairs and Northern Development to issue policy direction to the YESAA board.

The proposed legislation would enable the minister, following consultation with the board, to provide binding policy direction with respect to the exercise or performance of its powers, duties, or functions. This has raised concerns in some quarters that it would give the federal government authority to impose its own policies on projects on first nation settlement land. I can assure members that this is not the intention of the amendment nor the way it has been used in practice. In reality, policy directions have been used to add clarity and to ensure that all parties are on the same page with respect to existing laws.

The reason the change is being proposed is to ensure a common understanding between the Government of Canada and the board. For example, the minister could use policy direction to communicate expectations regarding the use of new technologies to mitigate environmental impacts or expectations regarding roles and responsibilities related to aboriginal consultation. This clarification would reduce uncertainty and delays in environmental assessment decision-making.

In recognition of the board's independence, there would be strict limits on the minister's ability to provide policy direction. To be precise, policy direction would have to be consistent with YESAA and with the Umbrella Final Agreement. In fact, YESAA states that first nations' final agreements will prevail in the event of an inconsistency or conflict. Furthermore, policy direction could not interfere with active or completed reviews, again because the board operates at arm's length from government.

To be clear, policy direction could not change the environmental assessment process itself. In fact, Bill S-6 explicitly states that policy directions do not apply to project proposals that have already been submitted to the board.

It is also important to note that the ability to issue policy direction is not without precedent. In fact, the Minister of Aboriginal Affairs and Northern Development already holds the ability to issue policy direction to the Mackenzie Valley Land and Water Board in the Northwest Territories. With respect to this board, policy direction has only ever been used four times, and each time it was to ensure that the board respected and upheld interim agreements the Government of Canada held with aboriginal groups.

In short, policy direction has only been used to provide additional protection for aboriginals.

Clearly, this is an important amendment to Bill S-6. The ability to ensure a common understanding by the government and the YESAA board, particularly with respect to aboriginal rights, is essential. Unfortunately, the opposition would remove this power from the bill.

This government understands the importance of protecting aboriginal rights, which is why I strongly oppose Motion No. 10, and I would encourage the rest of the House to join me in rejecting it.

A second, related feature of this proposed legislation I want to comment on is the delegation of federal powers to the Government of Yukon. The Umbrella Final Agreement defines government as:

Canada or the Yukon, or both, depending upon which government or governments have responsibility, from time to time, for the matter in question.

The delegation of federal powers to the Government of Yukon is consistent with the final agreements and with the governance regime in Yukon post-devolution. In fact, section 2.11.8 of the Yukon Umbrella Final Agreement states:

Government may determine, from time to time, how and by whom any power or authority of Government or a Minister set out in a Settlement Agreement...shall be exercised.

Moreover, the principle behind this delegation, that decisions about northern governance are best made in the north, is consistent with our government's northern strategy. In fact, just last year, our government brought into force Bill C-15, which devolved all responsibility for lands and resources out of Ottawa and back to the territorial governments.

This, in short, is why I believe that the ability to delegate authority to the Government of Yukon is an integral component of Bill S-6 and why I am so disappointed to see the Green Party oppose this clause. I strongly oppose the passage of that motion, and I hope that all members of the House join me in voting against it.

The opposition actually supported that initiative when it was before the House, but now they are opposing the very same principle when implemented in the Yukon.

I remind my hon. colleagues that the amendments to YESAA proposed in Bill S-6 address agreed upon recommendations from the five-year review or have been directly requested by the Government of Yukon so that the act can better serve all residents of Yukon, aboriginal and non-aboriginal alike. As well, the proposed amendments incorporate suggestions made during the various rounds of review and consultation.

I also want to underline that all parties have improved the legislation before us during the years of consultation and I want to reinforce that the legislation in no way compromises the integrity of YESAA or conflicts with the provisions or nature of the Umbrella Final Agreement.

For these reasons, government members are confident that Bill S-6, including the carefully constructed amendments to introduce policy direction and delegation in YESAA, fully considers the needs and interests of all northerners.

I strongly believe that the ability of the Minister of Aboriginal Affairs and Northern Development to issue policy direction to YESAB and to delegate authority to the Government of Yukon is an essential portion of this bill. Unfortunately, the opposition would like to see both clauses removed. I am asking all hon. colleagues to join me in defeating the motions and moving Bill S-6 forward as it stands.

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Mr. Speaker, there has been some talk lately about devolution, not only in Bill S-6 but also in Bill C-15. We talked about the devolution of powers to communities. In order to truly devolve powers so that it is fundamentally good for the communities, the communities have to be involved and feel that they are part of the process, whether it is government to government or trilaterally, as the member for Labrador pointed out.

Finally, I would like to point out a statement from Mr. Hartland, of whom I spoke earlier and who is with the Yukon Chamber of Mines. He said:

...as an industry organization we would be remiss if we did not articulate a concern from industry that the erosion of intergovernmental relations among parties...over Bill S-6 is creating a level of uncertainty that affects the attractiveness of Yukon as a jurisdiction to invest in.

This particular individual is on the ground. He is in the chamber in Yukon and knows whereof he speaks.

Therefore, as my colleague points out, if we are devolving powers to a group of people, we should probably do it in a manner that suits the people receiving the devolution.

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Mr. Speaker, I appreciate the time I have been given today as we speak about this very important issue. I am not from the north; I am from Newfoundland and Labrador, but I proudly stand here to discuss this particular bill simply because it is very important to people in a land that is so vast and so rich in natural resources. There is a lot to talk about indeed, and it is a very important part of who we are as Canadians.

I am pleased to have an opportunity to speak to S-6, an act to amend the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Nunavut Surface Rights Tribunal Act.

This particular piece of legislation is the third in a suite of bills aimed at improving the regulatory regime in Canada's northern territories. Unfortunately, like most legislation the government introduces, the bill is being rammed through the House with only a limited debate. It was brought in without proper consultation with local communities and first nations, as has been discussed here in the past and certainly since debate started about 35 minutes ago.

There is a growing feeling in the north that the changes being imposed by the Conservatives through Bill S-6 will endanger the independence and effectiveness of environmental assessments and that it will eventually end up before the courts.

The objective of Bill S-6 is to update the regulatory regime in Yukon and Nunavut and align it with other regulatory regimes throughout Canada.

Among other things, this legislation would introduce legislated time limits for environmental assessments. It would provide the Minister of Aboriginal Affairs and Northern Development with the authority to give binding policy directions to the Yukon Environmental and Socio-economic Assessment Board. It would also allow the delegation of any of the minister's powers, duties, and functions to the territorial minister by way of devolution; enable the government to develop cost-recovery regulatory measures; and reduce regulatory burdens by clarifying that a project need not undergo another assessment when a project authorization is to be renewed or amended, unless there is a significant change in the project. It would also introduce time limits for water licence reviews and allow for life-of-project water licences. It would also require the Nunavut Water Board to take into consideration agreements between Canada, regional Inuit associations, and proponents regarding posting of security to address the issue of over-bonding when more than one regulatory agency requires financial security for the same project.

Unlike Bill C-47 and Bill C-15, the two other bills aimed at improving the regulatory regime in Canada's northern territories, this legislation was introduced in the Senate on June 3, 2014, by Yukon Senator Dan Lang.

Some media reports indicate this particular piece of legislation may become a major issue in the next election, and some pundits question why the member of Parliament for Yukon was not the bill's sponsor. I am sure that over the next four or five months, he will have plenty of opportunity to answer that question and explain why the legislation was not amended when flaws were exposed and why there were no proper consultations with first nations, as many of my colleagues alluded to earlier in this debate.

Unfortunately, one of the strongest criticisms of Bill S-6 was on the absence of any meaningful consultation. For instance, the Council of Yukon First Nations, which represents eleven self-governing first nations, has made it clear that the Conservative government's consultations for the bill were not adequate to merit its support.

That is no surprise, as this particular government has a history of pushing through unwelcome changes in the territories.

For instance, with Bill C-15 the Conservatives passed the Northwest Territories Devolution Act. While devolution was started under a Liberal government, and we strongly supported that process, the much larger second part of the bill included the introduction of the Mackenzie Valley Resource Management Act, which shortened assessment timelines, reduced the role of first nations, and made it easier to approve projects that lacked local support. That was certainly a shame to many of the stakeholders involved and a shame to us here in this House.

The proposed changes in Bill S-6, which we debate today, follow this path of a top-down, Ottawa-centred approach to dealing with the territories. That is the opposite of how Liberals approach northern development.

The Liberal Party of Canada believes that a sustainably developed resource sector is essential to the success of our economy and, if we get it right, will serve as an important foundation for future economic growth and job creation for middle-class Canadians. Our party supports developing resources in the north in a sustainable manner.

Unlike the Conservatives, we recognize that unlocking this economic engine is contingent on environmental sustainability and on impacted aboriginal communities being treated as equal partners. That approach has not been followed in this case. Many people in Yukon and Nunavut believe that Bill S-6 would have a negative impact on their lives and their communities, and they are upset with what the government is trying to pass off as what it considers to be meaningful consultation.

Here is what Grand Chief Ruth Massie of the Council of Yukon First Nations told the committee when it held hearings on the legislation in the north. She said:

The federal government's approach on Bill S-6 is a roadblock to reconciliation. Participants in mining, tourism, and other industries are concerned about how Bill S-6 might adversely affect the future for resource development in Yukon.

Grand Chief Massie went on to say that all eleven self-governing nations on the council unanimously oppose four provisions in the legislation. She said:

We oppose giving the minister full power to issue binding policy direction to the YESAB as proposed in clause 34 of Bill S-6....

On timelines, we oppose the establishment of beginning-to-end timelines for assessments conducted under YESAA.

On exemption from assessment for project renewals and amendments, we oppose the proposed exemption from assessment for renewals and amendments of licences and permits as proposed in clause 14 of Bill S-6.

Clearly there are issues with this legislation and clearly it is not just first nations communities that are concerned. Allison Rippin Armstrong, vice-president of lands and environment at Kaminak Gold Corporation, is worried that Bill S-6 may put a chill on investment in the north. Kaminak, a Canadian exploration company that has owned and explored mineral properties in all three territories, wants an accessible and stable regulatory regime. However, Ms. Rippin Armstrong told the committee that her company is worried that the process through which YESAA would be amended is creating increased distrust and the potential for legal action.

Here is her testimony. She said:

Kaminak is very concerned about this development, because court cases create assessment and regulatory uncertainty in addition to extraordinary delay, all of which erodes investor confidence.

She went on to tell the committee once again that:

Our Coffee gold project has yet to enter the YESAA process. If Bill S-6 is passed and challenged in court, the Coffee gold project and our presence in Yukon is uncertain. Kaminak urges the federal government to resume discussions with the first nations to work collectively toward reaching consensus on the proposed amendments to YESAA and avoid a court challenge.

That is good advice, but it went unheard. Why is the Conservative government not listening to what it is being told and fixing the flaws in this bill? It is obvious that members on the opposite side believe they can unilaterally impose the government's will on the north.

As my colleague from Labrador said when she spoke on Bill S-6, history has already demonstrated that resource development can be environmentally conscious, while also finding trilateral support among aboriginal governments, territorial and federal governments, and the local communities. This, indeed, is the only way to move forward with resource development. It is not just a moral obligation; it is, truly, a legal one.

The member for Labrador was correct when she said:

Unfortunately, despite spending years of working with Yukon first nations on a comprehensive review of the Yukon Environmental and Socio-economic Assessment Act, the federal government blindsided them earlier this year with a number of key changes that are contained in this bill and were not discussed throughout the process.

If the Conservative government persists in ramming these changes through, many observers believe that they will only create more local uncertainty and jeopardize development of the north.

Samson Hartland, the executive director of the Yukon Chamber of Mines, noted his organization enjoys a positive, constructive relationship. He told the committee that the chamber's 400 members want all levels of government to move toward a more respectful dialogue.

We must return to the original, respectful, and collaborative partnership with all aboriginal communities, including recognition of their inherent and treaty rights.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I appreciate many of the comments the member has put on the record. I do not necessarily agree with them, especially when it comes to trying to give the impression that the current government has been very strong in developing and assisting in setting the social framework up north. To try to give the impression that it is the strongest in the history of Canada is somewhat fictitious at best, I would suggest.

When we look at Bill S-6, we see there has been a great deal of resistance. A lot of that resistance is in the community itself that has raised a number of concerns, and the government has not responded to those concerns. It was not that long ago that I was talking to Larry Bagnell and other members who came to our northwestern caucus, in essence saying that they have strong reservations that the government is not being sensitive to the needs of the north, nor is it listening.

Can the member explain to the constituents up north why the government has obviously not listened to our first nations, people of aboriginal heritage or many of our local communities who are trying to get the government to listen and make amendments that would make it better legislation?

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

Mr. Speaker, since 2006, our government has been pursuing the most ambitious northern agenda in the history of this country. From promoting prosperity and development through Bill C-47, the Northern Jobs and Growth Act, to devolving powers to the Government of the Northwest Territories through Bill C-15, the Northwest Territories Devolution Act, to the vision and implementation of the Canadian High Arctic research station, no other government in Canadian history has done more than ours to increase health, prosperity and economic development in the north.

The initiative before the House today, the Yukon and Nunavut regulatory improvement act, or Bill S-6, would represent yet another key deliverable of our government's northern strategy and would be the final legislative step in our government's action plan to improve northern regulatory regimes.

In total, our government has created or amended eight different pieces of legislation in order to ensure that northern regulatory regimes across the north are nimble and responsive to the increased economic activity taking place across the north. This is no small feat. These legislative changes will allow Canada's north to compete for investment in an increasingly global marketplace which, in turn, will lead to jobs, growth and long-term prosperity for northerners. Bill S-6 would continue in this vein.

The introduction of beginning-to-end time limits for environmental assessments included in the bill would align the Yukon regime with the time limits in similar acts within the north, as well as south of 60, and would provide predictability and consistency to first nations, municipalities and industry alike.

This is an incredibly important aspect of Bill S-6 and one that would act to drive economic development across the territory. Unfortunately, the NDP wants to remove these time limits. I take particular exception to Motions Nos. 5, 6 and 7, which would cause the portions of the bill related to time limits to be deleted. This would prevent regulatory predictability and actually hinder growth and prosperity in the Yukon.

Some have argued that the time limits would affect the thoroughness of the assessment process. However, as the Yukon Environmental and Socio-economic Assessment Board's own statistics show, the proposed time limits are either consistent with or more favourable than the board's current practice. In addition, Bill S-6 would include provisions to allow for extensions, recognizing that there may be situations when more time is warranted to carry out a function or power.

A different provision in the act, specifically, the proposed amendment to section 49.1 of YESAA, would ensure that, going forward, reassessments would only be required in the event that the project has been significantly changed.

This is another integral piece of Bill S-6 that the opposition would eliminate. That is why I oppose Motion No. 4. The passage of the motion and the elimination of the clause would prevent the elimination of unnecessary delays and red tape in the approval process.

In the past, projects that have already been approved and permitted could be subject to a new environmental assessment simply because of a renewal or a minor change in the project. The amendment would help to streamline the process and reduce unnecessary red tape where it is not warranted.

The amendment would also make it clear that if there is more than one decision body, which could be a federal, territorial or first nations government or agency that regulates and permits the proposed activity, they must consult with one another before determining whether a new assessment is required. Further still, the legislation would specify that in the event of a disagreement, if only one decision body determines that a significant change has occurred, it must be subject to a reassessment. This would also be consistent with the UFA, the Umbrella Final Agreement, which states in section 12.4.1.1 that projects and significant changes to existing projects are subject to the development assessment process.

Another proposed change would be 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 is another amendment that the opposition would like to remove from the bill. Motion No. 10 would remove the ability of the minister to issue policy direction.

It is important to remember that the ability to provide policy direction is not a heavy-handed attempt by the government to interfere in the assessment process nor does it undermine the neutrality of the board. Quite the contrary, it is intended to ensure a common understanding between the government and the board, helping to reduce uncertainty in environmental assessment decision-making and helping to ensure the proper implementation of the board's powers in fulfilling its role in the assessment process.

Moreover, this power exists in the Northwest Territories where it has only been used four times, and in each case it was used to clearly communicate expectations on how to address first nations' rights or agreements. For example, it was used in order to ensure that notification was provided to both the Manitoba and Saskatchewan Deline regarding licences and permits in a given region.

By supporting this motion, the opposition would actually remove a tool that the minister could use to ensure that aboriginal rights are protected. Perhaps not surprisingly, during our committee study when we were in the Yukon, the NDP member for Algoma—Manitoulin—Kapuskasing said it was paternalistic for the minister to try to protect aboriginal rights through policy direction. The NDP obviously does not want the minister to exercise the duty he has been given to protect aboriginal rights in Canada, calling that paternalistic. It is completely bizarre.

I want to assure members that this power in no way detracts from the board's independence. YESAB will remain an impartial and independent arm's-length entity responsible for making recommendations to decision bodies.

The legislative amendment also makes it clear that policy directions cannot be used to influence a specific project or change the environmental assessment process itself.

It is for these reasons that I oppose the passage of Motion No. 10, and encourage other members to do the same.

Another amendment of concern is the minister's ability to delegate certain powers in the act to a territorial minister. Some have suggested that this amendment is an attempt by this government to shirk its responsibilities to the Yukon first nations and is inconsistent with the tripartite nature of the land claim agreement.

I want to be very clear that these concerns are completely unfounded. First of all, any delegation must be consistent with the UFA. Second, the Umbrella Final Agreement permits delegation. Specifically, the definition of “government” includes both the federal and territorial governments, depending on which government or governments have responsibility from time to time for the matter in question. Section 2.11.8 of the agreement states that “Government may determine, from time to time, how and by whom any power or authority of Government or a Minister set out in a Settlement Agreement...shall be exercised”.

Not least of all, this measure is in keeping with our government's objective of devolving responsibility to the territories and moving decision-making closer to home. That is, away from Ottawa bureaucracy and right into the hands of Yukoners themselves.

This legislation is clearly both needed and wanted north of 60. It satisfies calls to modernize northern regulatory regimes and ensure consistency with other regulatory regimes across the north and in the rest of Canada, while protecting the environment and strengthening northern governance.

For all these reasons, I urge all-party support for this worthy act as it stands, and to reject all of the amendments to Bill S-6 that are before the House today.

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

Mr. Speaker, it is always a pleasure to hear the member for Northwest Territories speak. Even if I do not agree with him, we spent that day together in Yukon and certainly survived the charter flight as well.

I want to talk about the difference of philosophy. Our government believes that northerners are best placed to make decisions affecting their legislation and their lands. That is why we propose to devolve powers to the local government, to the government closer to the people, to the territorial government. We did it in the Northwest Territories with Bill C-15. We have proposed that provision in Bill S-6 as well, to allow the federal minister to delegate powers to the territorial minister.

I would like a clear answer from the member as to why he believes power should remain concentrated in Ottawa instead of devolved to the people in the north, closer to where they live.

[Dennis Bevington, NDP, Northwest Territories, NT]

moved:

Motion No. 1

That Bill S-6 be amended by deleting the long title.

Motion No. 4

That Bill S-6 be amended by deleting Clause 14.

Motion No. 5

That Bill S-6 be amended by deleting Clause 16.

Motion No. 6

That Bill S-6 be amended by deleting Clause 17.

Motion No. 7

That Bill S-6 be amended by deleting Clause 21.

Motion No. 10

That Bill S-6 be amended by deleting Clause 34.

Mr. Speaker, I am pleased to put forward these amendments to Bill S-6, a bill that has the ability to amend the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Nunavut Surface Rights Tribunal Act. It contains many clauses that cannot be amended. Why? They came out of a five-year review of the Yukon Environmental Assessment Act and were agreed to. Many changes to the Environmental Assessment Act were worked out through a process of collaboration, understanding and collaboration between the government and the people of Yukon.

After that process, four very controversial items were added to this bill and then arbitrarily put to the people of Yukon.

The first would provide the Minister of Aboriginal Affairs and Northern Development the authority to provide binding policy direction to the Yukon Environmental and Socio-economic Assessment Board, to which Yukoners are opposed. They had no chance to work with anyone to mitigate that.

The second would legislate time limits for assessments in the face of the fact that the assessment process was working just fine in Yukon, and that people had learned how to deal with very complex issues in an orderly fashion.

The third would allow the Minister of Aboriginal Affairs and Northern Development to delegate any or all responsibilities to the Yukon government without consultation with and approval from the first nations who were party to the whole deal that was set up in the first place.

The fourth would create broad exemptions with respect to the Yukon environmental assessment process for renewals, amendments and permits authorizations, which were in the hands of the boards already.

We can see that the devolution process in the northern territories, which in Yukon started 10 years ago, has been curtailed by this legislation. It has been rolled back in a very significant and deliberate fashion by the government. That is not appropriate.

The other amendments proposed to the act dealt with things that people could see and agree to. They were designed to help move the act forward in a proper fashion so the environmental assessment process could be well-respected and understood.

We have had the same problem in the Northwest Territories. The government agreed to a devolution process and then forced changes to our environmental assessment process. That has now gone to court and there have been injunctions put in place by the court over the actions taken by the government in the Northwest Territories.

We are likely to see the same thing in Yukon, where the first nations will once again have to take the government to court to deal with issues that should have been dealt with in a proper fashion.

Therefore, we have identified four issues and are asking that they be removed from the act through these amendments. It is a request that goes back to the people of Yukon, who have asked for this.

We took the committee to Yukon and had a one-day hearing, which went from 8 a.m. to 6 p.m. The room was filled with hundreds of people who attended the committee hearing from 8:30 a.m. until it finished in the evening. They were not pleased with the bill.

The support for the bill was almost nil. People were speaking out on it. The Government of Yukon, which will face its own electors over this very shortly, will find out how those people feel about the bill. This will also be the case for the Conservative government very soon.

After the election, which is likely to be in October unless the government decides to try to delay it even more, the new NDP government will be ready to put forward amendments to deal with these contentious issues for the people of the north.

There is no reason at all for this to have happened in the fashion it did. The government has created uncertainty in the environmental assessment process for the companies, people and the first nations of Yukon. It has messed it up.

Let me quote Ms. Allison Rippin Armstrong, vice president Lands and Environment, Kaminak Gold Corporation, which has just invested substantial sums of money in the Yukon. She said:

Kaminak is concerned that the process through which YESAA is being amended is creating increased distrust between governments and uncertainty in the assessment and regulatory process for current and future projects in Yukon.

These are the people who are investing in the Yukon.

This is what Ruth Massie, Grand Chief, Council of Yukon First Nations, has to say:

CYFN and all 11 self-governing first nations are unanimously opposed to four provisions that are part of Bill S-6.

Here we have it. On the one hand, we have industry saying that it will not work for them, that it does not need it and do not even understand why it is being done. On the other hand, first nations are saying that things are being done against all their agreements and that are really throwing the process, which they worked so hard to set up, off the back of the cart. They want to know why the government has done it and what the purpose is of this kind of action by the government. They want to know if it is simply because the party of one over in the Langevin Block has decided that this is the way it will go, that no one can interfere with that kind of decision making, that no one from the grassroots up can make a difference.

The government is making rules for territories that actually need devolution. They need to control their own affairs. The government has actually thrown that particular process off the back of the cart. It is heading off in a different direction. People in the territories, my territory, Yukon, who have been influenced by these bills, now face the prospect of suing the government, of going forward with litigation in order to get rid of some of these contentious clauses, which nobody really wants, which do not make any sense and which are not part of any reduction of colonialism or changing the way these territories can govern themselves.

We have put forward a number of amendments which deal with the four contentious issues. We would hope that the government, in the end, would come to its senses and would actually listen to the people of Yukon, industry and those who are involved in the actual work of Yukon, rather than sitting over on Langevin Block, and come to an understanding that these need to be removed to make this bill work. Then we could go ahead and all support it.

Speaker's Ruling

[The Deputy Speaker, NDP, Joe Comartin]

There are 10 motions in amendment standing on the notice paper for the report stage of Bill S-6.

The Chair has notice that the member for Saanich—Gulf Islands will not be present to move Motions Nos. 2, 3, 8 and 9.

Motion Nos. 1, 4 to 7, and 10 will be regrouped for debate and voted upon according to the voting pattern available at the table.

I will now put Motions Nos. 1, 4 to 7, and 10 to the House.

The House proceeded to the consideration 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, as reported (without amendment) from the committee.

Business of the House

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

Mr. Speaker, we have no shortage of very important work to attend to.

This afternoon and tomorrow we will continue debating Bill C-59, economic action plan 2015 act, no. 1, to implement important measures from the spring's budget, such as the family tax cut, enhancements to the universal child care benefit and a reduction to the small business income tax.

The parties across the way have made no secret of their opposition to the excellent tax reduction measures we have proposed, and this week the hon. member for Papineau explained why. As he told the House on Tuesday, “benefiting every single family is not...fair”. Well, that is consistent with his approach to fiscal policy, that budgets balance themselves.

However, our budget implementation bill will deliver those benefits to every family, because that is the fair Canadian thing to do.

After our constituency week, on Monday, May 25, we will debate Bill S-6, the Yukon and Nunavut regulatory improvement act at report stage. This bill will improve opportunities for economic development north of 60.

After question period that same day, we will take up Bill C-42, the common sense firearms licensing act at report stage, and hopefully third reading. Unnecessary, cumbersome red tape facing law-abiding gun owners across Canada will be reduced, thanks to this legislation.

Also, pursuant to Standing Order 81(4)(a), I am appointing that day, Monday, May 25, as the day for consideration, in a committee of the whole, of all votes in the main estimates, for 2015-16, related to finance.

Tuesday, May 26, will be the fifth allotted day. We will debate a Liberal proposal. I expect the Liberal leader will explain why helping every family is not fair.

We will return to the third reading debate on Bill C-52, the Safe and Accountable Rail Act, on Wednesday, May 27, when I am hopeful that it will pass.

The following day, we will continue the third reading debate on Bill S-3, the Port State Measures Agreement Implementation Act. In debate last week, the hon. member for Charlesbourg—Haute-Saint-Charles said, “Soon, we will pass this bill”. I look forward to her NDP colleagues proving the hon. member right.

Later that Thursday, we will start the report stage for Bill S-7, the Zero Tolerance for Barbaric Cultural Practices Act, which will re-affirm this Parliament’s ongoing efforts to end violence against women and girls.

Indian Affairs and Northern Development--Main Estimates, 2015-2016

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

Mr. Chair, as I have indicated, the consultation process has taken place. The provisions of Bill S-6 are clear. They have the total and strong endorsement of the Government of Yukon, which speaks on behalf of Yukoners.

The first nations still voice their opposition to a few amendments, but as I indicated, I am ready to work out with them how we can implement those in a full spirit of co-operation and of respect for the umbrella agreement.

[Dennis Bevington, NDP, Northwest Territories, NT]

Mr. Chair, a simple yes or no would have been sufficient for the first nations in the Yukon, but I see we are not getting that. The minister jumped all over the place and ended with some platitude about perhaps meeting with them.

Can the minister just simply say yes or no? Will he meet with the first nations of the Yukon to try to deal with the four outstanding issues under Bill S-6 or will he not?

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

Mr. Chair, it is funny to hear the member talk about the provisions of Bill S-6, which he now opposes. Yet, when we passed Bill C-15, which also contained regulatory measures for the Northwest Territories, he voted for it. He has to make up his mind. Either he is for it or against it.

[Dennis Bevington, NDP, Northwest Territories, NT]

Mr. Chair, in the Northwest Territories, the Tlicho and Sahtu Dene governments have already initiated court action over the Conservatives' creation of the environmental super board to replace regional boards created through the land claim agreements. Yukon first nations say they will do the same as soon as Bill S-6 is passed.

Why does the minister believe that confrontation with aboriginal people in areas where they have a very responsible relationship with their existing governments is better than co-operation?