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

[Carolyn Bennett, Liberal, Minister of Indigenous and Northern Affairs]

moved that Bill C-17, An Act to amend the Yukon Environmental and Socio-economic Assessment Act and to make a consequential amendment to another Act, be read the second time and referred to a committee.

Mr. Speaker, it is an honour for me to rise in the House today, acknowledging we are gathered on traditional Algonquin territory, as we begin the second reading debate on Bill C-17, an act to amend the Yukon Environmental and Socio-economic Assessment Act and to make a consequential amendment to another Act, or YESAA.

I would like to begin by highlighting the tireless efforts of my colleague, the hon. member for Yukon. Without all of his hard work with and on behalf of his constituents, we would not be where we are today on this critical legislation for Yukon.

The government believes that a sustainably developed resource sector is essential to the success of the Canadian economy and, if we get this right, will serve as an important foundation for future economic and job growth. However, unlocking this economic potential must be contingent on environmental sustainability and on impacted indigenous communities being engaged as equal partners. This is not only an indigenous issue, but one about which all Yukoners are extremely concerned.

Our government is absolutely committed to renewing the relationship between the crown and indigenous peoples in Canada on a foundation of recognition of rights, respect, co-operation, and partnership.

This not just a moral obligation, but a legal one, particularly in regions like Yukon, which are subject to comprehensive land claim agreements and self-government agreements.

Yukon is an inspiration to the rest of Canada, with so many self-governing nations and with our needing more and more first nations to get out from under the Indian Act and become self-governing. It is very important that the work we do together in partnership is well-communicated to all Canadians as an example of how things can be when we get it right.

The YESAA, as members may know, was passed in 2003 and stems from the umbrella final agreement between Canada, Yukon first nations, and the Government of Yukon. As required under the umbrella final agreement, a five-year review of the YESAA was launched under the previous government, resulting in 76 recommendations, 72 of which were agreed to by all parties. Unfortunately, despite spending years working with Yukon first nations on a comprehensive review of YESAA, the previous government added four further controversial changes at the end and pushed them through, absent meaningful consultation.

That ill-advised approach led to pointless litigation between a number of self-governing first nations and the federal government with respect to the previous bill and compromised the potential development of resources by undermining legal certainty.

By contrast, after months of discussions, Canada, Yukon governments, and Yukon first nations signed an MOU last April that outlined mutually agreed upon steps toward addressing the first nations concerns with respect to the changes to YESAA made in previous Bill S-6.

Bill C-17 is an example of what can be achieved when government works in partnership with indigenous communities at the very beginning of proposed changes. Yukon first nations were consulted from the very beginning, including on the draft legislative proposal. As a direct result of this bill's collaborative origin, Yukon first nations pursuing related legal action have adjourned their hearing dates while this bill proceeds. This bill would re-establish trust with Yukon first nations and restore legal certainty for responsible resource development, paving the way for increased investment, development and jobs.

The bill introduced in the House of Commons on June 8, 2016, would repeal the four provisions of the Yukon Environmental and Socio-economic Assessment Act that have caused the most concern.

Legislated time limits on the review process; exempting a project from reassessment when an authorization is renewed or amended unless there has been a significant change to the project; ability for the federal minister to provide binding policy direction to the board; and ability to delegate the federal minister’s powers, duties, or functions under the act to the territorial government.

With respect to the legislated time limits on the review process, the government believes that the more appropriate and consistent approach is to adhere to the timelines in the board's current rules that have historically matched or exceeded the limits under the Bill S-6 amendments.

The government of Canada believes that resource industry project proponents, indigenous communities, and other governments should work hard to reach consensus.

Canada, Yukon, self-governing Yukon first nations, and industry have agreed to continue to work in collaboration through the regulatory process to establish practical timelines.

In terms of reassessments, the need to evaluate projects requesting renewals or amendments is best determined on a case-by-case basis as informed by the clear policy guidelines created by the Yukon Environmental and Socio-economic Assessment Board. The board is best positioned to work in partnership with industry, first nations, and Yukoners to develop new policies, where required, to address project changes.

Yukon first nations are also strongly opposed to the idea that the minister could give binding policy direction to the board, as they feel this is inconsistent with the umbrella final agreement and jeopardizes the independence of the board. We agree.

Moreover, the current wording of the provision allowing me, as minister, to delegate any or all of my powers, duties, or functions under YESAA to the territorial minister may also be inconsistent with the umbrella final agreement. We do not support the pursuit of a unilateral or bilateral delegating authority, as it is not in accordance with our commitment to building respectful nation-to-nation relationships with first nations based on partnership, collaboration, and trust.

When I was in the Yukon last month and had the opportunity to listen to Yukon first nations and the representatives of the territorial government, I came to understand that this bill truly represents a consensus. I also recently received a joint letter from the Council of Yukon First Nations, Government of Yukon, and the Yukon Chamber of Mines confirming their support for Bill C-17 in its current form.

In that March 13, 2017 joint letter, they state clearly:

The Government of Yukon, self-governing...First Nations, Council of Yukon First Nations and the Yukon Chamber of Mines look forward to seeing Bill C-17 passed, without change, as soon as possible.

It goes on to say:

Your support for the passage of Bill C-17 assures us that the Government of Canada is genuinely committed to reset the relationship between Canada, Yukon and Yukon First Nations.

Once ancestral rights and titles are recognized, once lands and waters are protected, and once genuine partnerships exist between local and indigenous communities, responsible resource development projects will proceed, and they will do so faster and with greater legal certainty.

I urge all members to support this bill.

[John Barlow, Conservative, Foothills, AB]

Mr. Speaker, I am rising on a point of order, and I am asking for your patience here.

This is regarding what transpired on Friday. I stayed here this weekend, and what transpired on Friday really caught my attention. I am a relatively new member of Parliament. I have been been here for almost three years, but still one learns something every day. I had the opportunity to see some things on Friday that concerned me as a relative newcomer. I spent the weekend going through some of the things that I thought we needed to address.

I am asking for the patience of the House and my hon. members' patience. I would like to go over some things that I think are worthwhile, additional submissions to the question of privilege that were brought up by the hon. member for Perth—Wellington.

I want to go back—

[The Deputy Speaker, Conservative, Bruce Stanton]

Order. I thank the hon. member for his comments on the matter. It is apparent to me, in looking at the circumstances that unfolded on Friday, that the hon. assistant deputy speaker made a decision at that time that was very clear, in the sense that sufficient commentary had been provided.

There were many constructive comments on the topic that was before the House and that had been raised by hon. members. However, at the conclusion of debate that day, the assistant deputy speaker made a decision that sufficient information had been heard, which would allow the Speaker to render his decision on the question. At this point, we are not going to take further commentary on the matter. The Speaker is seized with the question and will be deliberating it in the short time ahead. He will get back to the House in due course.

We will continue with questions and comments.

The hon. member for Fort McMurray—Cold Lake.

[David Yurdiga, Conservative, Fort McMurray—Cold Lake, AB]

Mr. Speaker, once the Yukon government, the federal government, and the first nations have concluded their agreement on a new process for reassessment and timelines, how will it integrate into the new YESAA? Does it require amendments to the act? What is the process for such, and how long will it take?

[Carolyn Bennett, Liberal, Toronto—St. Paul's, ON]

Mr. Speaker, we believe that the bill would reverse the irritants that were present in the previous bill, and that it will be able to be implemented right away, as Yukoners have asked.

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

Mr. Speaker, I thank the minister for her speech.

It is always better to work in partnership with first nations, and this bill is a perfect example. My question for the minister is simple.

Would the minister consider working with other parties in this chamber to get this legislation passed sooner rather than later?

[Carolyn Bennett, Liberal, Toronto—St. Paul's, ON]

Mr. Speaker, that is an excellent question. That is exactly what Yukoners want. They want this done as quickly as possible. I think there is unbelievable consensus. This is what can happen when we start at the beginning, co-developing legislation, and then having the buy-in, as we have now, even with the chamber of mines. There is no reason to hold this back. I would entertain any collaboration that we could have, from all parties, to move this through as quickly as possible with the consensus of the House.

[John Barlow, Conservative, Foothills, AB]

Mr. Speaker, I was honoured to be part of the government that put through Bill S-6. It is disappointing to see this new government repealing a lot of those decision that we felt were beneficial to the economical development of Yukon. One of the biggest issues we were able to address was the timelines in terms of approvals, which was stymying economic development, and getting these infrastructure projects moving forward.

It is my understanding that sections of the act relating to timelines and reassessment have been used about 90 times since coming into force in 2015. Would the minister please provide me with a list of decisions and who those proponents were?

[Carolyn Bennett, Liberal, Toronto—St. Paul's, ON]

Mr. Speaker, I would tend to disagree. Although the previous Yukon government and the previous federal government thought these amendments were a good thing, they were totally against what had been suggested and agreed upon by first nations in Yukon. That really hindered the approach that was working well with YESAA and with the regulations that are now being worked on regarding timelines. I would be more than happy to get the details that the member has asked for.

However, I think that it is exactly why the previous government was on a wrong path. We cannot do this top-down approach, with a government deciding what it thinks is best for the economy or for first nations, when we have people on the ground, including the chamber of mines, the territorial government, and the federal government, respecting a process that allows those decisions to be made by the board with everyone there, rather than being interfered with by a federal minister.

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, I want to comment on the two questions from the Conservatives.

The first question was very good, regarding when the three governments come to an agreement on what it should be and how it should be implemented. There are just four items that need to be changed, of the 72 agreed to, and this act would change those four items. Therefore, as soon it is given royal assent, those changes that the three governments agreed to would be established.

On the other question related to timelines, there are two points. First, all of the proposed timelines are already being met. YESAB has a very good record on timelines. Second, through the changes that were agreed to, there are now timelines in the YESAB rules. They have been gazetted. Therefore, through regulations, there are a set of timelines already.

[Carolyn Bennett, Liberal, Toronto—St. Paul's, ON]

Mr. Speaker, I thank the member for his encyclopedic understanding of the importance of getting this bill through as quickly as possible.

Previously, Yukon had a very good record in terms of certainty for projects. This is what businesses need. They need to know what the rules are and to see that the track record of this arm's-length process will not be interfered with politically. That gives certainty, and allows companies to know that the environment will be diligently assessed. Then, companies can feel confident that they want to invest in a region.

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

Mr. Speaker, one of the things that Bill C-17 would do is to repeal some disturbing provisions that were in a previous bill, one of them being the time limits that were imposed. I would like the minister to comment. One needs to not only consider the fact that the previous bill would have unilaterally changed the umbrella agreement, which in itself is unconstitutional, in my view, but imposing time limits on constitutional rights is problematic as well. I would like the minister to comment.

[Carolyn Bennett, Liberal, Toronto—St. Paul's, ON]

Mr. Speaker, the Government of Canada believes that resource industry proponents, indigenous communities, and governments should all strive toward consensus. It is important to note that the consensus among the Yukon government, Yukon first nations, and the Yukon Chamber of Mines is that this bill should be passed without change as soon as possible. This is exactly as the member suggested, so that self-governing Yukon first nations and industry will continue to work in collaboration through the regulatory process to establish practical guidelines.

It should also be noted that the project approvals, through the board, before these legislated time limits were imposed through legislation, were already proceeding within these timelines. It is always better to do these things with consensus.

[Earl Dreeshen, Conservative, Red Deer—Mountain View, AB]

Mr. Speaker, when the four sections of the act are repealed, what happens to applications that have been based on reassessment or timelines that are presently before the board? Will there be a transition period, or is it going to be tossed out and the application will have to begin with a new environmental assessment application?

[Carolyn Bennett, Liberal, Toronto—St. Paul's, ON]

Mr. Speaker, I can reassure the member that the projects will go back to the original process, before Bill S-6 was imposed.