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

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Carolyn Bennett  Liberal

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.

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.

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 20, 2017 Passed 2nd reading of Bill C-17, An Act to amend the Yukon Environmental and Socio-economic Assessment Act and to make a consequential amendment to another Act

June 20th, 2017 / 9:55 a.m.
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Liberal

Mike Bossio Liberal Hastings—Lennox and Addington, ON

Thank you, Chair.

Thank you for taking the time to join us today.

We just had INAC in and were asking a number of questions around how is this going to change the relationship between first nations, mining sectors, the territory, and the government, etc. Do you feel that the changes that are going to be made now within Bill C-17 will satisfy exactly what you were just talking about, the responsibility and the duty of the crown to provide the opportunity for first nations to fully participate in governing the environment and financial management, etc. within the Yukon? Is this going to bring you a step further to achieving those ultimate goals?

June 20th, 2017 / 9:45 a.m.
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Chief Steve Smith Chief, Executive Council Office, Champagne and Aishihik First Nations

Thank you, Madam Chair.

I have a really quick note on the Little Salmon/Carmacks First Nation. We've received word that there may have been some emergency issue that happened in Carmacks last night, so that may preclude the chief and his associates from joining the meeting this morning.

First of all, good morning and thank you, Madam Chair, and all committee members, for taking the time to welcome our presentation.

[Witness speaks in Southern Tutchone]

I just gave my traditional name, Kaaxnox. My name is Steve Smith, and I am the chief of the Champagne and Aishihik First Nations. I am a member of the Killer Whale Clan K'etlènmbet people, and I sleep at Takhini Chu, which is the traditional territory of Champagne and Aishihik First Nations.

I just wanted to open with the fact that my father Elijah Smith was chief of the Yukon Native Brotherhood in 1973 when he made the presentation, “Together Today for our Children Tomorrow”, to then prime minister Pierre Elliott Trudeau. It was in the spirit of righting some historic wrongs, but also putting in place a process for which Yukon first nations people would have an ongoing say in the development of the territory that we live in and have occupied since time immemorial.

In 1993 Champagne and Aishihik, along with other Yukon first nations, agreed with Yukon and Canada to conclude the umbrella final agreement. This agreement paved the way for 11 of the 14 Yukon first nations to conclude our individual modern treaties. They are modern treaties protected by section 35 of the Constitution, and they are vehicles for reconciliation between Yukon first nations, Canada, and its citizens.

In addition, we negotiated self-government agreements pursuant to chapter 24 of our final agreement, creating significant first nations jurisdiction, law-making authorities, and financial arrangements. The final agreements looked backwards to address historic grievances, and looked forward towards ever more co-operative and collaborative relationships between Yukon first nations, the Yukon, and the federal government. The final agreements create a new constitutional arrangement in the Yukon.

To reach our final agreements, we made a giant trade-off. In good faith, we abandoned our claims to aboriginal title to over 90% of our traditional territory, in exchange for a promise to secure a range of treaty rights and interests, including the assurance we would have a meaningful role in the management of settlement and non-settlement land, water, and other resources in our traditional territories.

That was the ultimate goal of the 1973 agreements document. Chapter 12, “Development Assessment”, is an essential part of that exchange. It defines the framework for a custom environmental assessment regime that will work in the Yukon. Chapter 12 set forth that the parties would develop the necessary legislation consistent with the objectives set out in that chapter, among other matters. These objectives provided that the development assessment regime:

1) recognizes and enhances, to the extent practicable, the traditional economy of Yukon Indian People and their special relationship with the wilderness Environment;

2) provides for guaranteed participation by Yukon Indian People and utilizes the knowledge and experience of Yukon Indian People...;

3) protects and promotes the well-being of Yukon Indian People and of their communities...;

Between 1997 and 2003, the Council of Yukon First Nations, Canada, and the Yukon government established a joint legislative drafting committee with a chief negotiator and legal and technical advisers for each party. This process resulted in the development of the Yukon Environmental and Socio-economic Assessment Act, and continued as a tripartite process through the development of the “accessible activities” regulations, which brought the regime into effect by December 2005.

Pursuant to chapter 12 of the umbrella final agreement, the parties undertook a comprehensive review of YESAA, known as the five-year review. That process took three and a half years. In that review, we managed to reach an agreement on the majority of the 76 recommendations. On two of the recommendations we agreed to disagree and three we consider outstanding matters. These outstanding matters relate to: one, first nations' role in the decision phase of project assessment; two, adequacy of funding for effective first nations participation; and three, future reviews of the YESAA regime.

In the process through to the conclusion of our final agreement to the development of the act and regulations and conducting the five-year review, we acted in good faith with our treaty partners in the spirit of ongoing reconciliation to move our relationship forward. Unfortunately, the Government of Canada acted unilaterally, imposing several changes to YESAA that have no support from any Yukon first nation. We did everything possible to defend our treaties and work in good faith with government. Regrettably, the federal government breached its constitutional duty to uphold the honour of the crown when it proceeded with the amendments to YESAA relating to the new matters that were not discussed or raised during the five-year review and were only added very late in the consultation process. These amendments were passed in June 2015. After considering our options and working with our first nations partners, we filed a court action in October 2015.

During the last federal election, the Liberal, New Democratic, and Green parties of Canada all made campaign promises to repeal the offending provisions brought about by Bill S-6. Upon discussions with the new federal government, we started moving forward on reversing these changes and calling upon the minister and her cabinet to live up to that promise.

In March 2016, our chiefs, the federal minister, and the Yukon premier all signed a memorandum of understanding to repeal those revisions. As you know, Bill C-17 is a reflection of that very commitment. It was this action that helped defuse some of the contention and allowed us to enter into an abeyance agreement on the promise that Canada move swiftly to repeal those provisions and get the parties back on track, bringing stability and certainty back to our territory, and to enable and promote sustainable development.

We are pleased to see that we are working with federal and territorial governments on a second memorandum of understanding to start dealing with some of the outstanding matters dating back to the five-year review.

We strongly believe this bill reflects a necessary correction for a past action that was unconstitutional and must be addressed. We are also pleased to see that the federal government is addressing the issue of our financial resources to implement our obligations under chapter 12 through our financial transfer agreement.

In closing, I would like to simply say the federal government has an obligation to enact YESAA, but the federal government does not own YESAA. YESAA is not legislation that Canada may simply alter as it wishes. The federal government cannot unilaterally modify YESAA for its own benefit or to suit its own preferences. Implementation must be done according to the spirit and intent of our treaties and must be done so in good faith and always maintain the honour of the crown.

I want to highlight the spirit and intent of our treaties. Many court cases in Canada have always spoken to the spirit and intent. One of the things that we hold dearly within our own final agreement is to ensure that we carry on the spirit and intent of these agreements. Going back to my first comment about my father, Chief Elijah Smith, the intent was not to hold back development. The intent was not to hold back further ability for Canadian citizens to reach their goals and dreams, but was to ensure that Yukon first nations had a rightful place in the development of the Yukon.

Gwänaschis. Thank you for the opportunity to speak to you today.

June 20th, 2017 / 9:40 a.m.
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Liberal

The Chair Liberal MaryAnn Mihychuk

Thank you very much. You have done your duty. I appreciate that you came forward.

We are now going to move on to our second panel, which includes people who are calling in from the Yukon.

For the information of the committee, it's my understanding that the bells will ring at 10:10 and we will have a 30-minute period to get to the House for the vote. I believe we have consulted with the Conservatives. I'm going to suggest it would be acceptable to hear from our guests who want to present, and we continue to work until perhaps a quarter after and then we must end the session to go to the House. Is there agreement? Okay.

Do we have anyone on the phone with us at this time? I believe we have two individuals. We are sensitive to the fact that you are three hours earlier, so we are very grateful that you got up so early to join us. Here in Ottawa, we are occupying land that is unceded territory of the Algonquin people, and we are talking about your environmental regulatory process known as YESAA.

Before us is Bill C-17 and we're very pleased that you're able to join us. From Champagne and Aishihik First Nations we have Chief Smith and Roger Brown.

You have 10 minutes and you can choose to split it in any way.

Then we will see if the Little Salmon Carmacks First Nation is joining us. I don't believe they are on the line yet, but if we do have them, they too will have 10 minutes.

Chief Smith.

June 20th, 2017 / 9:40 a.m.
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Assistant Deputy Minister, Northern Affairs Organization, Department of Indian Affairs and Northern Development

Stephen Van Dine

I would say that the litigation and the controversy associated with the litigation was certainly a variable in questioning the confidence in the environmental assessment system. That the environmental assessment system was somehow flawed and needed to be corrected was something that Yukoners didn't believe to be the case. The litigation spoke to that directly. Bill C-17 and the process that led to correcting Bill S-6 in these areas was a process that all the parties would agree was the way to go about undertaking change with respect to the environmental assessment legislation.

To your point, those four areas were creating doubt and questions, and required more action on behalf of government. Industry in the end realized there was actually more uncertainty with respect to how those powers were going to be exercised, compared to the existing process, which was working pretty well.

June 20th, 2017 / 9:35 a.m.
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Liberal

Mike Bossio Liberal Hastings—Lennox and Addington, ON

No, I want to follow up on what my colleague, Rémi Massé, was trying to get at. That is, by repealing 49(1), how will these extraneous aspects—the ones that exist outside the project itself—be dealt with? How will they now be dealt with under Bill C-17?

June 20th, 2017 / 9:25 a.m.
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Liberal

Rémi Massé Liberal Avignon—La Mitis—Matane—Matapédia, QC

Thank you, Madam Chair.

First, I would like to thank the witnesses from the departments who are contributing to the committee's work this morning. It is greatly appreciated.

I have a question about project reassessment and renewal.

Bill C-17 repeals section 49.1 of the Yukon Environmental and Socio-economic Assessment Act, so that a new environmental assessment is not required if a project is amended or renewed. However, if there are significant changes to a project, a new environmental assessment could be requested.

I would like to know who determines whether significant changes have been made to a project. I'd also like to know what criteria would make it possible to determine what is meant by “significant changes”.

June 20th, 2017 / 8:45 a.m.
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Stephen Van Dine Assistant Deputy Minister, Northern Affairs Organization, Department of Indian Affairs and Northern Development

Good morning.

Thank you, Madam Chair and honourable members, for the opportunity to appear before you to offer assistance in your subject-matter study of Bill C-17, An Act to amend the Yukon Environmental and Socio-economic Assessment Act.

Appearing with me are Gilles Binda, acting director, resource policy and programs, and Daniel Pagowski, legal counsel with the Department of Justice.

Madam Chair, I will begin by providing some recent history of the evolution of the Yukon Environmental and Socio-economic Assessment Act, known as YESAA, to give some context and understanding of how we arrived at where we are today.

In 2008, a mandated five-year review of the YESAA was launched as a requirement under the umbrella final agreement, five years after its royal assent. The review was completed in 2012, resulting in 76 recommendations, 72 of which were agreed to by all parties. Some of the recommendations required legislative change in 2014. These changes to the Yukon Environmental and Socio-economic Assessment Act were introduced in Parliament in Bill S-6, Yukon and Nunavut Regulatory Improvement Act.

However, the bill included additional provisions to those recommended by the review. The majority of these were part of a broader initiative to modernize and streamline the northern regulatory regime. However, Yukon first nations raised serious concerns about four of these provisions. They asserted that the four provisions—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 in the project; the ability for the federal minister to provide binding policy direction to the board; and the ability to delegate the federal minister's powers, duties, or functions under the act to the territorial government—did not respect the rights and the interests of indigenous peoples and were not developed using clear, fair, and appropriate processes.

Madam Chair, I believe you will hear from other witnesses from the Yukon, our first nations partners, and the Yukon government, who will iterate their concerns with these provisions. Suffice it to say it was clear that we all needed to work together to resolve these issues.

Following the general election in October 2015, the Minister of Indigenous and Northern Affairs committed to exploring ways to address the concerns raised about the four contentious provisions and to renew the government's relationship with first nations in Yukon.

Let's examine in detail how the government came to introduce Bill C-17. In order to resolve these issues stemming from the coming into force of the Yukon and Nunavut Regulatory Improvement Act, formerly Bill S-6, that ultimately led to a court action by being filed by three first nations, we began discussions with Yukon first nations and the Yukon government in December 2015.

Department officials met with Yukon first nations and Yukon government representatives on January 14, 2016, in Yukon. The outcome of those discussions was positive, and all parties agreed to meet again in the near future. The next meetings, on February 11 and 12, 2016, proved constructive, as the parties agreed to a potential legislative solution to the first nations' concerns. It was also agreed that the parties would move forward on redefining their working relationship in the spirit of co-operation and collaboration.

A legislative proposal to repeal the four contentious provisions of the Yukon Environmental and Socio-economic Assessment Act was prepared and sent to first nations and the Yukon government for review on March 14, 2016. A third meeting was held between federal officials, Yukon first nations, and Yukon government on March 29, 2016. Canada proposed a small modification to the draft legislative proposal to correct an editorial error.

The parties agreed to the revised proposal. Canada, the Yukon government, the Council of Yukon First Nations, and the self-governing first nations signed a memorandum of understanding to that effect on April 8, 2016. Representatives from industry were also provided an opportunity to comment on a draft legislative proposal. On March 13, 2017, the Yukon Chamber of Mines co-signed a letter, along with Yukon first nations and the Yukon government, to the Minister of INAC articulating their unqualified support for Bill C-17, urging that it be “passed, without change, as soon as possible”.

Madam Chair, we recognize that the mining industry has concerns about environmental assessment timelines and project reassessments in Yukon, but they also understand and appreciate the collaborative nature of environmental assessment processes in the north. All parties in Yukon want the economic prosperity that resource development can bring. However, in a political and social landscape that includes public government, self-governing indigenous peoples, and those with constitutionally protected land claims, collaboration and “made in the north” solutions are key. As the parties state in their letter of March 13:

Repeal of these amendments and addressing industry concerns through collaborative framework is critical to re-establishing confidence in the development assessment process in Yukon and to honouring the intent of Final and Self-Government Agreements.

Madam Chair, Bill C-17 is in direct response to the expressed wishes of Yukon first nations, the Yukon government, Yukon residents, and the mining industry that does business in Yukon. If ever there was an example of independent self-determination by northerners, this is it.

Thank you, Madam Chair.

My colleagues and I would be pleased to answer any questions that committee members may have.

Thank you very much.

June 20th, 2017 / 8:45 a.m.
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Liberal

The Chair Liberal MaryAnn Mihychuk

Welcome, everybody.

First, we'll start as we regularly do. We're on the unceded territory of the Algonquin people, especially important as we're beginning a process of truth and reconciliation, our government's commitment to move forward on the files, and the fact that we were able to table our unanimous report on the suicide crisis in indigenous communities among indigenous peoples, which I think went quite well.

We're here to talk about Bill C-17, economic development and land use planning in the Yukon. I want to welcome the department.

Pursuant to Standing Order 108(2), the motion adopted on Tuesday, May 2, 2017, the committee begins its study of the subject matter of Bill C-17, an act to amend the Yukon Environmental and Socio-economic Assessment Act and to make a consequential amendment to another act.

We have INAC with us this morning. You have 10 minutes to present, as is standard routine, then we'll open it up for questioning in a rotational manner.

I turn it over to you.

Yukon Environmental and Socio-Economic Assessment ActGovernment Orders

June 19th, 2017 / 8 p.m.
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Conservative

Shannon Stubbs Conservative Lakeland, AB

Mr. Speaker, I am speaking against the proposed amendments for Bill C-17, an act to amend the Yukon Environmental and Socio-economic Assessment Act.

The bill seeks to reverse progress in Yukon's economic and natural resources development. For years, northerners have built and relied on their increasingly thriving economy, unlocking the opportunity and prosperity of their natural resources. From mining, to hunting, to tourism, Canada's northern territories are an important and strategic asset to Canada's future.

The YESAA became law in 2003. The goal of that original bill was to develop a single development assessment process for projects on all federal, territorial, and first nations land in Yukon. Part of the legislation included a mandatory review after five years of becoming law. The review was a joint initiative of the Council of Yukon First Nations and the Governments of Canada and Yukon, and was completed successfully in March 2012. These changes were formally introduced in Bill S-6 in 2014, which intended to make northern regulatory regimes more consistent with those in the south in order to attract investment and expand economic opportunities now and for future generations.

The bill, which was called the Yukon and Nunavut Regulatory Improvement Act, amended both YESAA and the Nunavut Waters and Nunavut Surface Rights Tribunal Act, and was part of a broader suite of reforms intended to give northerners greater control over their resources and to help promote resource development and economic growth.

The changes to Nunavut's regulatory regime have not been controversial. Bill S-6 reflected many of the jointly agreed upon findings for the five-year review of YESAA, but also reflected changes to regulatory regimes in the rest of Canada, as well as input from Yukon's government.

Bill C-17 proposes to repeal many of the changes enabled by Bill S-6. These include removing time limits on the steps in the review process, removing an exemption for projects that have already been approved through the assessment process, removing the ability for the federal minister to provide binding policy direction to the board, and removing the ability to delegate the federal minister's powers, duties, or functions under the act to the territorial government.

At its core, the bill would make natural resources development much more difficult in Yukon for project proponents and investors. It would slow down the review process by increasing the number of projects that need to be reviewed and by removing timelines for approval. It would also damage industry and investment confidence in the regulatory regime. It is a step backward for the self-determination of Yukoners, because it takes away northern control over northern resources and puts it in the hands of federal ministers and of MPs from large, southern urban centres. Northerners know their needs and capabilities best and they should be equipped and empowered to make decisions for themselves.

However, Canadians should not be surprised. The Liberals have shown their cards, sometimes on purpose, sometimes accidentally, that prove they are fundamentally anti-Canadian energy and anti-Canadian resource development. The bill is another part of their plan to dismantle Canada's successful natural resources development.

Bill C-17 brings more uncertainty to the resource development review process that will undermine economic opportunities for all Yukoners. It also introduces new uncertainty for the rest of Canada about whether it is a template for the basis of Liberal policy going forward.

I had the amazing opportunity to visit Yukon last summer. Of course, the landscapes are breathtaking, the resources vast, and the people are friendly. However, what stood out to me was an almost universal and distinct, independent, pioneering, adventurous spirit, and a deep appreciation and abiding love for their land. It is the same can-do streak of Canadian miners.

The most important sector of Yukon's economy is mining. The territory is extremely rich in mineral potential. The main resources mined are gold, which in 2011 accounted for 70% of metal mining, copper, zinc, lead, tungsten, silver, and coal.

Yukon has some of the largest iron ore and zinc deposits in the world. There are over 80 mineral resource deposits there with enormous economic potential. Last year, more than $300 million was spent on exploration and mineral production soared above $400 million, from just $46 million in 2006, according to the Yukon Chamber of Mines.

The mining sector in Yukon is very successful, but it has challenges. Difficult access and rugged terrain of the territory make it difficult to access many of these deposits. That is where the federal government can assist, by investing in infrastructure and making it easier for developers to access resources across the territory, given all of the challenges.

Bill C-17 would not make any of this easier. In fact, it would make mining more difficult for many families who have been in the industry for generations.

Last fall, the Standing Committee on Natural Resources heard from several witnesses during a study on the future of the mining sector in Canada. Mike McDougall is the president of the Klondike Placer Miners' Association. He came to Ottawa representing the 160 family-owned and operated placer mines in Yukon. I would like to share his thoughts on Bill C-17. He said:

YESAA defines much of how the placer industry's operations are assessed for impacts and how these impacts are mitigated. Placer mining is the single-largest client of the Yukon Environmental and Socio-economic Assessment Board...

Issues such as costly and time-consuming reassessments for unchanged projects, inconsistency and lack of accountability between designated offices, and a lack of clear timelines all leave our industry with uncertainty. The amendments were meant to bring YESAA into line with the other Canadian jurisdictions, provide certainty for investment, and allow the Yukon to be competitive. As the government is now prepared to amend this legislation once again, we would like to see these issues addressed in the amended bill.

The federal government has heard the concerns of the first nations. As the number one client and end-user of the YESAA process, the KPMA expects that government will engage with us prior to finalizing any amendments.

Mr. McDougall's testimony highlights how uncertainty and ongoing regulatory changes and challenges will hinder their ability to fully engage in northern development, which should be a serious concern to the Liberals, since mining is the most important part of Yukon's economy. Putting up more roadblocks and adding more red tape is not the answer. Bill C-17 adds a barrier for investment as companies would be uncertain as to when a decision will be made.

Furthermore, the bill would immediately increase the regulatory burden and major costs for proponents, which would impact many working Yukoners and their families, since mining is a major employer in the territory. The bill would worsen the economic situation in the north by putting thousands out of work.

The Liberals claim consultation as a cornerstone of their platform, and they consistently refer to it as an important part of their legislative process, but in this case stakeholders such as the KPMA, which would be impacted significantly, were not consulted before the changes presented in Bill C-17 were hastily introduced last spring.

The Liberals' Ottawa-centric agenda is not working, and worse yet, they are not listening to those who are and will be worse off because of it. Their promise to simply repeal the controversial sections of Bill S-6 is yet another example of how they made promises during the election campaign without considering the consequences. Now they put Yukon at a competitive disadvantage with the rest of Canada for attracting private investment.

Their regulatory changes are not the only ways they are harming the north, though. The Liberals' carbon tax burdens northerners, their businesses, and their families more than any other region in the entire country. People in northern territories are already required to pay more in fuel and transportation expenses just to sustain the basic necessities of life and to get essentials to their communities. The carbon tax will victimize people who rely on these services.

The Prime Minister said his plan will be good for the economy, good for innovation, and good for jobs, but it is just not true. His carbon tax will cripple industry, hinder the economy, and drive up the cost of living for northerners. It will also mean northerners will pay more for food that is already more than four times more expensive than the costs elsewhere, along with other essential goods and products. Electricity will become unaffordable to communities that do not have any other source but diesel. In the north, the carbon tax is really a tax on living. In a place where home heating and travelling long distances is part of life, northerners cannot afford it, particularly when legislation like Bill C-17 forces further barriers to their most important economic driver, Canada's world-class mining sector.

Whether it is higher taxes, more red tape, or ongoing uncertainty, the Liberals make it clear that developing Canada's natural resources will be more difficult than ever before, everywhere. At a time when technology, research and development, and innovation are at an all-time high, the Liberals are attacking the very people who are ensuring the long-term and sustainable development of natural resources in Canada.

The bill would not help Yukon, a territory rich in natural beauty, natural resources, and irrepressible human capital. The Liberals are limiting opportunities for future generations and are just adding challenges to the north. The Liberals need to do what they have pledged all along. They need to listen.

That is why I oppose these amendments.

Mr. Speaker, there have been consultations and I believe if you seek it you will find unanimous consent for the following motion. I move:

That, notwithstanding any Standing Order or usual practices of the House, the sub-amendment and the amendment to the second reading motion of Bill C-17, An Act to amend the Yukon Environmental and Socio-economic Assessment Act and to make a consequential amendment to another Act, respectively standing in the name of the Member for Dauphin—Swan River—Neepawa and the Member for Fort McMurray—Cold Lake, be deemed negatived on division.

Yukon Environmental and Socio-Economic Assessment ActGovernment Orders

June 19th, 2017 / 7:55 p.m.
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Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, for the record I want to clarify the member's very last comment. There will not be any projects left in limbo.

On the day Bill C-17 receives Royal Assent, section 49.1, of the Yukon Environmental and Socio-economic Assessment Act is repealed. Projects that have been submitted to a decision body, prior to that day, for an exemption from assessment and have received, before that day, a positive decision (or as the quote above states “were greenlit without additional review”) continue to enjoy the benefits of that decision and do not have to be reassessed.

Therefore, the certainty this bill will put in place and that that has brought about the court case, and the uncertainty related to a potential abrogation of the treaty, and the letter of the law, if not the spirit of the law, I think will allay the member's fears in his last comment.

Yukon Environmental and Socio-Economic Assessment ActGovernment Orders

June 19th, 2017 / 7:45 p.m.
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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, it is my great privilege to rise today to speak to Bill C-17, a bill that would change significant amounts of a bill that was passed in the previous parliament, Bill S-6.

It is with some reluctance that I stand up today. I am quite concerned about the direction the current government is going. In particular, I am convinced that the government is certain that it does not want resource development to happen in this country. However, the Liberals are not willing to come out and directly say that. No, they are going to ensure resource development does not happen in this country in much the same way as they did when they said that they approved pipelines to the coast. They said, “We approved pipelines to the coast”, but they have no interest in those pipelines actually getting built.

I am going to be sharing my time with the member for Lakeland.

I sit on the northern and aboriginal affairs committee. I represent 14 first nations or Métis communities in my riding in northern Alberta. The north is where I come from. I always say to the people from Thunder Bay that if it is not still light at 11:30, they are really not in the north yet. They have to go where there is pretty much 24 hours of sunlight to understand what the north is all about.

However, it does give me some perspective for sure. Yukon is within sight, I like to say. I can nearly spit from my riding and hit Yukon, so it is within sight, so to speak, and I have some understanding of how things operate in the north.

Yukon Environmental and Socio-Economic Assessment ActGovernment Orders

June 19th, 2017 / 7:40 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, the member for Renfrew—Nipissing—Pembroke has put herself forward for the first time today as the true voice of Yukoners, and I find that rather shocking. If one speaks for an area that one does not represent, it behooves every member here to do research and find out what the people of that region actually want. The people of that region want this bill to pass as soon as possible.

I recommend that the hon. member give a phone call to the president of the Yukon Chamber of Mines, Mike Burke, who has called for this legislation to pass as quickly as possible. If what the previous government forced through the House, violating the rights of first nations, was so massively popular, then perhaps it would be Ryan Leef sitting over there instead of the hon. member for Yukon. This bill was an affront to first nations' rights.

It is not about promoting development. This is something that all in this House should want to pass as quickly as possible, because the unanimous will of the Yukon legislature is to pass Bill C-17 as quickly as possible.

Yukon Environmental and Socio-Economic Assessment ActGovernment Orders

June 19th, 2017 / 7:15 p.m.
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Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, as the member of Parliament for Renfrew—Nipissing—Pembroke, a predominantly small community in a rural riding of eastern Ontario with a significant number of jobs that rely on the land, I chose to participate in today's debate as someone who can empathize with the people of Yukon on how bad federal policy impacts rural people. In addition to representing the people of Renfrew—Nipissing—Pembroke, I am pleased to represent the people of northern Ontario as the Conservative Party critic for economic development for that region.

Like my riding in eastern Ontario and like Yukon, northern Ontario shares many of the challenges faced by residents north of the 60th parallel. Bill C-17, an act to amend the Yukon Environmental and Socio-economic Assessment Act and to make a consequential amendment to another act, would directly undermine the economic well-being of people living in Yukon, but it should set off alarm bells for every Canadian about what kind of Liberals were elected in Ottawa. Canadians were pitched a story about a new warm and fuzzy, centrist Liberal Party. Instead, they got the old Liberal power brokers, trading votes and money for policies infused with the radical left-wing ideology of paternalist progressivism. It is like Frankenstein's monster. It is alive, and it has the brains of Dalton McGuinty bolted onto the body of a Chrétien-Martin money machine.

Bill C-17 is just the latest example of the horror story that is the current government. It is a story that can be told in three chapters: from cynical vote buying, to an arrogant Ottawa-knows-best attitude, and ending in despair and economic destruction. Let us start at the very beginning, a very good place to start, with chapter 1, entitled, “power brokers, or how I learned to stop stressing and fight the Liberal vote-buying machine”.

Bill C-17 comes straight out of the Liberals' campaign platform, so it is important that we look at how it was developed. Unlike our Conservative Party's grassroots approach to policy development, the Liberals outsourced to their pollsters, ad agencies, and special interest groups to cobble together “a chicken in every pot”. The pollsters, ad agencies, and focus groups wrote the headline promises the Liberals would promptly break, like Chrétien's promise to scrap the GST, or the current government's promise on electoral reform, or the promise of tiny deficits, or the promise of using deficits for infrastructure, or the promise of eventually ending deficits.

For the rest of the Liberal platform, they hit control c to copy and paste lists of demands from various special interests who promise to deliver cash and votes. Those big promises test well but quickly get forgotten while the government gets to work delivering for its friends.

For the big promises the Liberals have not broken yet, the only reason is that, like legal weed, they made the promise having no clue of how they would make it happen. Therefore, they have to commission consultations—which is Liberal code-speak for hire their friends at taxpayer expense—to tell them how to do their job.

The promises in the platform they made to their lobbyist friends is the stuff that gets fast-tracked into legislation, which brings us back to Bill C-17. The government is rushing forward with a blunt instrument to enact a copy-and-past election promise. Instead, it should have worked with all the parties to ensure any amendments protected everyone's interests.

Let us take the section of the bill that would repeal time limits on the review process. The government claims the time limits are unnecessary because the review board already exceeds the current time limits in law. However, time limits provide certainty. That certainty is how we balance the interests of the environment and the interests of the economy. The environmental review is not the economic cost; it might even save the company from an expensive future cleanup. What costs the economy is the uncertainty and its invisible cost. We cannot see the jobs not created by the investments not made because of the uncertainty the government seeks to create. If the time limits are too short for a thorough review to protect the environment, we should lengthen the times or add additional resources.

The costs of review are recovered from the companies and they will be happy to pay the costs. They just want some certainty about what those costs will be and how long they have to pay for them. That seems like a pretty reasonable compromise. The environment gets protected and Canadians get economic certainty.

Therefore, why is the government being so unreasonable? Removing the time limits means reviews can be indefinitely delayed to satisfy the government's radical left-wing agenda.

That brings us to chapter two: paternalistic progressivism or how to shut up and do what Ottawa says.

Bill C-17 is symbolic of the government's approach to resource development and environmental protection. That approach is to dictate to the provinces and territories. The bill would remove the ability of federal governments to transfer powers, duties, or functions to the Yukon government. It would be one thing if the Liberal government just thought Ottawa knew best and just never used the power under the current law to transfer any power to the Yukon government. However, to repeal that section, to make it so no future government has the legal authority to transfer powers to the territory, shows Ottawa knows best. It is more than just a little attitude; it is part of a larger agenda.

The government clearly seeks to expand its powers and simply order the provinces and territories to do what it says. Look at how it imposed a carbon tax on the provinces. It does not matter if different regions have different economies; Ottawa has ordered a carbon tax, so a carbon tax it will be. Already Canadians living in rural and remote communities like the Yukon pay higher costs for food and energy. Now the government wants these Canadians to pay more for a regressive agenda.

At the very same time it is increasing the cost of doing business in Canada with carbon taxes, it wants to repeal time limits on environmental review. Its agenda is clear. It wants to phase out natural resource development by strangling the industry with higher costs and longer reviews. This is not about carbon emissions or protecting the environment. Nothing in Bill C-17 actually improves environmental protection. All it does is inject uncertainty into the Yukon economy, which is the point: create enough uncertainty and investors will look elsewhere. Of course, the government hopes those investor dollars will flow into one of its super-duper clusters located in urban centres.

That brings us to the final chapter of the Liberal horror story. If this chapter needs a title, it would be, “How the Liberals plan to spread their anti-development agenda across Canada”. Bill C-17 is like a Liberal test tube. It makes these changes in Yukon like an experiment to see how well they can strangle development. If they are successful in creating economic uncertainty up north, they will replicate it across the country. In fact, one of the government's very arguments for repeal of the time limits on environmental review is the claim they will be reviewed across Canada, so they might as well do away with Yukon's. This is not a hidden agenda; it just an under-reported agenda.

Bill C-17 is just one part of that agenda. Eliminating the exploration tax credit in the recent budget is another part of that agenda. Removing time limits on environment review is another part. A punishing country-wide carbon tax is just part of the same agenda. Higher taxes, fewer credits, more regulation, and longer reviews are all part of the same Liberal agenda to eliminate our natural resources industries. They will scoff and claim how much they support rural and remote Canada, but actions speak louder than the PMO's scripted talking points.

With every action the government takes, it injects uncertainty into the economy. Even worse, with the government's love of picking industrial winners and losers, we will soon see the hollowing out of many industries in rural and remote parts of Canada. This will force even more Canadians to migrate to the cities, leaving rural Canada even further depopulated. Across Canada, we will see more and more ghost towns.

This is truly a Liberal horror story, but it does not have to end this way. For one, those sitting on the government side could speak up in caucus and call on the government to reconsider. Perhaps there is a compromise that can be found on setting time limits rather than unilaterally repealing them. Did they even try to find one? Sadly, I doubt Canadians can rely on a common-sense revolution within the Liberal back bench.

The only chance will likely be in replacing this incompetent government with one that takes campaign promises seriously, one that takes protecting the environment seriously, one that takes growing our economy seriously. Fortunately for Canadians, we have a Conservative Party with a better story to tell.

For example, we created the Canadian Northern Economic Development Agency in 2009, a new stand-alone agency that not only benefited the development of the entire Canadian north, but directly benefited local businesses and entrepreneurs by providing them with better access to lines of credit, loan guarantees, and other things to foster growth.

Bill S-6, passed in 2015, amended the YESSA and granted further autonomy to Yukon by giving the federal minister the power to delegate federal powers to the Yukon government, or establishing timelines for environmental assessments so the process could be completed in a timely manner, without forgetting the importance of environmental sustainability.

That is just some of what we did for Yukon, which was part of a larger strategy to responsibly develop Canada's natural resources. We can protect the environment and develop our natural resources. It is not even a question of picking between the two. However, the Liberals have decided they will pick. Bill C-17 shows they pick. They picked more uncertainty. They picked less investment. They picked fewer jobs.

Hopefully, when Canadians next go to the polls, they will pick a different government. Hopefully, they will pick the one like they had before. Prior to the last federal election, with a Conservative government in place, Canada was successfully working to secure a position as the world's superpower in energy production. We were ensuring that Canada's precious natural resources were being developed in a way that respected the economy, by creating jobs and respecting the environment, without pitting one against the other.

Unlike the current government, with its policy of burdening future generations with its high deficit policy and the spectre of huge tax increases to pay for out of control spending today, the Conservatives believe a healthy environment and a job should be our legacy for our children's children to enjoy. It was in that context that we brought forth legislation to benefit northerners in the last Parliament.

Bill C-17, in stark contrast to the Conservative policy of job creation and a balanced budget, is symbolic of the government's approach to resource development and environmental protection. The Liberal Party is committed to a policy of fostering a lack of public trust in any environmental process. It is called “delay, delay, delay until the project collapses”. It demonstrates to Canadians, and to the world, that confusing environmental regulations and a weak economy go hand in hand, which is the Liberal government's policy on the economy and the environment.

With Bill C-17, Yukon's economic development is in jeopardy. It is an attack on natural resource development. The bill would remove provisions that would limit the length of time for environmental review. This action adds a barrier for investment, as companies are now uncertain as to when a decision will be made. There will be an immediate increase in the regulatory burden on proponents. The mining industry will face the largest impact, and it is a major employer in Yukon.

Bill C-17 would further worsen the economic situation in the north by putting thousands of Canadians out of work, while denying the opportunity of future Canadians to find employment in that region.

The proposed legislation removes northern independence. It is a proven fact that government undermines economic opportunity, in this case Yukon, by adding unnecessary red tape to the environmental review process. It threatens jobs in the private sector and investment.

The Liberal government is taking power away from the people of Yukon and not allowing them to make decisions that concern the development of their communities. Part of the policy interference when it comes to natural resource development is to create uncertainty in the review process. Our Conservative government worked hard to strengthen environmental protections and streamline the regulatory process in order to promote northern development while protecting the unique relationship between northerners and the land.

The removal of time limits and option for exempting renewals fits well with the ongoing narrative that Liberals use a false concern for the environment to introduce unnecessary delays and uncertainty into our regulatory processes. This will impact on the economy, similar in the manner that was used by Gerald Butts, the Prime Minister's principal adviser, and how he directed the Toronto Liberal Party to use the pretext of saving the environment to jack electricity prices to unaffordably high rates in order to shut down tens of thousands of jobs in the manufacturing sector in Ontario.

The Liberals' promise to repeal certain sections of previous Conservative government legislation is just another example of how green ideology over there trumps common sense. This change puts Yukon at a competitive disadvantage with the rest of Canada for attracting private investment. Yukon has huge jobs potential that only comes with development. The Liberal government is intent on adding stress to an already troubled industry through the addition of extra red tape, an unclear, unpredictable evaluation system, and the politicization of the final determination of projects.

This legislation hurts workers in Yukon and it hurts the heavily taxed middle class across Canada. Not only do the Prime Minister and his closest Toronto advisers not understand that northern development creates jobs, they prefer to create a patchwork of regulatory regimes across the country with no regard for cross-Canada economic development. There are many other examples of the bad practice of only listening to Toronto-based advisers with under-reported agendas on the environment, agendas that are based on junk science.

This is an intervention where no intervention is necessary. Yukon is already suffering from the federal 2016 budget measure to unfairly tax family campgrounds. It is absolutely ironic when I hear the Liberals claim they will replace lost resource jobs when the legislation we are discussing today goes into effect. They claim that jobs can be replaced by developing tourism. Promote the environment by promoting tourism. It sounds catchy. The reality is the Liberal Party brought in legislation that unfairly targets family-owned campgrounds in its 2016 budget. They reason that some slick city accountants have found a way to create a tax loophole using campgrounds.

The Liberal Party responds by attacking all campgrounds without taking into consideration private, family-run campgrounds. That attack is an insult to every husband and wife team working 18 hours a day in a seasonal business. The Minister of Finance could care less about family campgrounds. He has a vacation property, a holiday villa in the south of France. The Prime Minister uses the taxpayer dime to party in the Caribbean on a friend's private island in the Bahamas, someone who just happens to benefit from receiving millions of dollars in taxpayer handouts from the federal government.

Campgrounds offer an opportunity for families to spend time together, create lifelong memories, and discover Canada's natural landscape. It is an activity dominated by the middle class as their form of rest, relaxation, and entertainment. Camping creates a sense of community that is unique to this form of travel accommodation.

In Yukon, of the 60 campgrounds that operate over 2,000 campsites, there is one federal campground and it has all of 39 sites. Unlike the private campgrounds that are serviced, all the sites at the federal park are unserviced. In addition to providing services like water and sewer hook-up and electrical plug-ins, private campgrounds on average stay open one month longer. Taking away privately owned family campgrounds takes away local tourism in that industry and the jobs that go with it.

The House resumed consideration of the motion 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, and of the amendment, and of the amendment to the amendment.

Yukon Environmental and Socio-Economic Assessment ActGovernment Orders

June 19th, 2017 / 7 p.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, while we are debating Bill C-17, which is entirely about rights of people in the Yukon and maintaining a system of environmental reviews that had been negotiated with first nations, we want to put right something that was done wrong in the previous House.

However, I do want to take the member up on a number of the comments he made in relation to pipelines and the people who oppose them. I would like my friend to contemplate the position I take, which is that the problem is not the pipelines but rather what is in them, as long as we are determined to see bitumen mixed with diluent. Based on the best science we have in this country and in the U.S., the senior scientific academy, this is a substance that no one knows how to clean up. Bitumen is only mixed with diluent for the purpose of making it flow through pipelines, because it is a solid. It gets a very low price internationally, because it is a solid.

Certainly, I support upgraders and even support getting upgraders and refineries being built to create jobs in Alberta and pipelines to take a product that Canadians can use so that we can shut down the import of foreign oil to the east coast of Canada.