Mr. Speaker, it is a pleasure to rise and address the House on third and final reading of Bill C-55, the Yukon Surface Rights Board Act.
I begin by thanking hon. members for supporting this bill at second reading. My colleagues clearly see the need to proceed with this bill because it will bring positive and lasting change to the Yukon. We appreciate their contribution to second reading debate and ask the House to once again give positive consideration to this legislation.
Bill C-55 will establish a new surface rights regime in the Yukon, a regime that will serve and protect the interests of all residents of the territory. As well, this final piece of legislation is required to allow implementation of the Yukon First Nations land claim and self-government agreements to proceed.
Clearly we only have one reasonable course of action. We must proceed with this bill as quickly as possible. We must live up to the crown's commitments to build new relationships with Yukon First Nations. In doing so we will open the doors for economic development, job creation and other social benefits for all residents of the Yukon.
Yukoners are virtually unanimous in wanting this bill to pass quickly. The minister has received letters, for example, from the Yukon Chamber of Mines urging the government to pass this legislation. Yukoners want and need the certainty of the economic development opportunities that this bill and the land claims settlement will bring.
Hon. members are aware that the surface rights board that will be established by Bill C-55 is a requirement of the Yukon umbrella final agreement. The creation of this board acknowledges the changing face of land ownership in the Yukon. It is an excellent example of foresight, planning and preparedness by government.
As land claims in the Yukon are settled, large tracts of land will be confirmed as First Nations land. Other residents of the Yukon will also be able to more readily acquire land as private owners. The crown's current role as primary land owner in the territory will gradually be eliminated.
At the same time, the certainty of land and resource ownership that will result will rekindle interest in subsurface minerals, including minerals on privately held land. In support of resource development and resource development initiatives, a new mechanism of public government is needed. This will ensure that access rights are available to those who want and need to use the land.
That mechanism is known as the Yukon surface rights board. It has been modelled on similar boards operating in Manitoba, Saskatchewan, Alberta and British Columbia. This board will resolve disputes relating to both settlement and non-settlement lands throughout the Yukon. As has already been said, we anticipate that most of these disputes will involve access to land for exploring for or developing subsurface mineral resources.
We want to emphasize that the Yukon surface rights board will have a range of known and definite powers for resolving disputes. These will include the power to issue access orders, to establish terms and conditions of access, and to award compensation for access or for damage resulting from access. However, Bill C-55 will require people to attempt to negotiate access in compensation agreements before bringing a dispute to the board. The board will only be asked to resolve disputes where no such agreement was possible.
Orders of the Yukon surface rights board will be enforceable through the Supreme Court of the Yukon Territory. Decisions may be appealed to the court on limited grounds, such as bias or lack of procedural fairness.
We also want to stress that the board will take a balanced approach to its work. Bill C-55 ensures that all sectors of the Yukon society will have an opportunity to participate in the important decisions that need to be made.
Under the terms of its land claims agreement, the Council for Yukon Indians will have the right to nominate one-half of the members of the surface rights board excluding the chairperson. Yukon Indians will also be guaranteed representation on any panel created by the board to deal with matters concerning settlement lands. This will give aboriginal people an important and effective role in decision making relating to surface rights.
The remainder of the board's members will be nominated by the federal government. The minister intends to ensure that all interests in the Yukon are represented on the board. It will become a practical example of resource co-management that can be replicated in other jurisdictions.
Bill C-55 was drafted with cost efficiency in mind. It provides a less costly and time consuming option than the courts for addressing issues of access and compensation. The requirement for negotiation and possibly mediation before bringing a dispute to the board is also intended as a cost saving measure.
As hon. members are aware, this bill is based on extensive consultation with representatives of the Yukon First Nations, the territorial government, the mining industry and the Yukon general public. Many of these parties have been directly involved in drafting this legislation. Consequently, Bill C-55 is fair and responsible to everyone with a stake in the future of the Yukon.
As a result of the unprecedented consultative process, we have been able to reach a general agreement on the principles of this bill. We have also reached consensus on almost all of its provisions.
As I said at the outset, we have no reasonable alternative but to proceed with this bill. Parliament's endorsement of this legislation is critical to the process of settling land claims in the Yukon and bringing the fundamental democratic right of self-government to Yukon First Nations. It is vital that we uphold the crown's honour by fulfilling our obligation to Yukon First Nations under the land claims agreement.
Bill C-55 is also sound, responsible and necessary legislation in its own right. It will bring decision making closer to the people affected. It will provide a known regime for obtaining access to private and public lands. This in turn will facilitate economic development and provide a level playing field for Yukon industry compared to other areas in Canada. This will ensure that resource development projects will go ahead after many years of delay and frustration.
Bill C-55 will also give Yukon Indians the chance for a new partnership with governments and non-aboriginal Yukoners. This is a goal that is supported by all Canadians. I therefore urge my hon. colleagues to agree to send this legislation to the other place after which an order in council can be approved to proclaim this legislation into law.
Combined with the Yukon land claims and self-government legislation, Bill C-55 will help bring about positive changes that have been long envisaged in the Yukon.