Bill C-17 (Historical)

An Act to amend the Yukon Environmental and Socio-economic Assessment Act and to make a consequential amendment to another Act

This enactment amends the Yukon Environmental and Socio-economic Assessment Act, in particular by repealing the provisions
(a) that authorize the federal minister to delegate any of his or her powers, duties and functions under that Act to the territorial minister;
(b) that exempt projects and existing projects from the requirement of a new assessment when an authorization is renewed or amended and there are no significant changes to the original project as previously assessed;
(c) that establish time limits for assessments; and
(d) that authorize the federal minister to issue binding policy directions to the Yukon Environmental and Socio-economic Assessment Board.
The enactment also amends the Yukon and Nunavut Regulatory Improvement Act by repealing the transitional provision relating to the application of time limit provisions enacted by that Act to projects in respect of which the evaluation, screening or review had begun before that Act came into force but for which no decision had yet been made.

Yukon Environmental and Socio-economic Assessment Act

[Murray Rankin, NDP, Victoria, BC]

Mr. Speaker, I would like to congratulate my colleague, the Indigenous and Northern Affairs critic for the NDP, for his excellent speech, and for connecting the dots between Bill C-17 in Yukon and what is being achieved, and what 40 years of experience with the Cree–Naskapi and the northern Quebec agreement has achieved in terms of certainty there. I was intrigued by the connection that was made and the lessons that have been learned, which the hon. member emphasized.

What I would like to ask the member specifically is in relation to his Bill C-262, which, of course, would address the need to enshrine a review under section 35 of the Constitution for indigenous rights, just as we routinely do for our charter rights. I would like to ask about the notion of free, prior, and informed consent. Would this bill, which includes the three governments, federal, provincial, and Yukon first nations, on the board of the YESAA statute, achieve the free, prior, and informed consent that is required, since they co-drafted the bill and are on the actual board, for example, in respect of a specific project? In other words, does that pass muster? Would the kind of bill that we have before us today be consistent with the principles of the hon. member's bill on free, prior, and informed consent that will soon be before Parliament?

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Speaker, let me start with Bill C-262.

Members may recall that last year the Truth and Reconciliation Commission issued its report, and 94 calls to action. There are two fundamental calls to action that are important in that report, which are calls to action 43 and 44. Both relate to the United Nations Declaration on the Rights of Indigenous Peoples, as do some 14 other calls to action.

Call to action 43 calls upon the Government of Canada, the provinces, the territories, and the municipalities to fully adopt and implement the UN Declaration on the Rights of Indigenous Peoples as the framework for reconciliation in this country. That is why I say that those are the two fundamental and key calls to action. We cannot implement the rest of the 94, if we do not implement call to action 43, because that is the fundamental one.

I overheard the Liberals during the last campaign promising to adopt and implement the UN declaration. Bill C-262 does exactly that. It will implement the promise of the Liberals. I am just trying to help here.

With respect to free, prior and informed consent, I think it is an important concept that is already in our constitutional law. It is already in Canadian law. For many years, many rulings from the Supreme Court of Canada have spoken of the need to obtain consent from indigenous peoples before development takes place. The latest one was the ruling on the Tsilhqot'in case, in which the Supreme Court referred to the concept of consent of indigenous peoples in some 11 paragraphs and referred to the concept of control of lands, territories, and resources in some nine paragraphs. Therefore, the concept of consent is already in Canadian law. My bill, Bill C-262, will just confirm that is already law in this country.

[Yvonne Jones, Liberal, Parliamentary Secretary to the Minister of Indigenous and Northern Affairs]

Mr. Speaker, we have said time and again that we want a genuine renewal and rebuilding of our relationship between Canada and indigenous people. I was in Yukon when the hearing went on with respect to Bill S-6. People did not want that legislation passed in the House of Commons and fought against it. The government of the day fought back. Today we are doing as the people of the Yukon are asking, and I ask my colleague opposite this question: is this not a great sign of renewal of a relationship between the Government of Canada and indigenous people?

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Speaker, one of the problems I see is that this attitude that the government got it right this time needs to be spread across the board, not just on single, isolated issues. It needs to happen across the board. Do I need to remind the parliamentary secretary that her government is still before the Canadian Human Rights Tribunal fighting indigenous kids in this country, the first peoples in this country? That is not in keeping with reconciliation. That is not in keeping with a nation-to-nation relationship. I think that attitude needs to spread across the board and needs to happen everywhere in this country, not just in isolated cases like this one.

Yes, this is a good bill. This is a bill that Yukoners want. I think the approach that was used in this case by the government should also be used with all first nations in this country.

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Mr. Speaker, I am excited to rise today to talk about Bill C-17, an act to amend the Yukon Environmental and Socio-economic Assessment Act and to make a consequential amendment to another Act—

[Alex Nuttall, Conservative, Barrie—Springwater—Oro-Medonte, ON]

Mr. Speaker, I rise on a point of order. I think there has been some confusion. When you read out the name, you said the member for Yukon, but I believe there was a speech started by the member for Mégantic—L'Érable.

Therefore, I move:

That the member for Mégantic—L'Érable be now heard.

[The Deputy Speaker, Bruce Stanton]

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

[Some hon. members]

Agreed.

No.

[The Deputy Speaker, Bruce Stanton]

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

[Some hon. members]

Yea.

[The Deputy Speaker, Bruce Stanton]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Deputy Speaker, Bruce Stanton]

In my opinion, the nays have it.

And five or more members having risen:

Call in the members.

(The House divided on the motion, which was negatived on the following division:)

Vote #252

[The Speaker, Geoff Regan]

I declare the motion defeated.