Mr. Speaker, it is a pleasure to address Bill C-6, an act to amend the Yukon Quartz Mining Act and the Yukon Placer Mining Act. I am pleased to speak in support of this legislation.
With this legislation we have a rare window of opportunity to establish environmental conditions in which mining in Yukon can take place. I urge hon. member to take advantage of this opportunity to support the bill currently before the House.
Bill C-6 is a compromise, a made in Yukon solution to a unique Yukon situation. I would like to take a few minutes of the House's time to explain how this legislation came about and to highlight the extensive consultations that have resulted in a consensus to proceed at this time.
I am sure hon. members of the aboriginal affairs and northern development standing committee would agree that consensus is the key word. They heard from many witnesses about the compromises that were reached in this bill. Witnesses included the Yukon Mining Advisory Committee, known as Y-MAC; the Yukon Chamber of Commerce; the mayor of the village of Mayo; the Yukon Placer Miners Association; and the Yukon Chamber of Mines.
This bill is not being imposed on an unsuspecting public or industry. There is clearly a recognized need for the environmental
regulation of mining in Yukon, both to ensure protection of the environment and to provide certainty for industry.
Yukon is the only jurisdiction in Canada that does not currently have land use regulations that apply to mining claims, although the environmental record of the territory's mining industry is good.
Some of the problems we have today could have been avoided with proper regulation.
The YMAC Committee, a group created in 1990 to bring the stakeholders together, was asked to develop an acceptable environmentally friendly system. I would like to join the minister in congratulating the YMAC for its good work. Bill C-6 is the direct result of this committee's work and of the determination of its members to find compromises that would benefit the Yukon economy and environment.
Without their dedication, we would not have reached a global agreement on the way to proceed. And, without such a significant agreement, it would have been extremely difficult if not utterly impossible to amend the Yukon Quartz Mining Act and the Yukon Placer Mining Act.
We must also recognize the contribution of the Yukon First Nations to reaching a consensus. The Yukon First Nations are not against development; in fact, they often support it, because they recognize that resource development projects can benefit their members.
However, the First Nations are also deeply attached to the environment. By taking part in the works of the YMAC, the Yukon First Nations Council made sure that native concerns were considered.
Finally, the representatives of the federal and territorial governments who sat on the YMAC Committee contributed to ensuring a balance between the interests at stake and a land use system that will support mining exploration and development without threatening the environment.
Bill C-6 was the result of a report prepared in April 1992 by the YMAC. The underlying object of this report was, and I quote, "to ensure the development of a healthy, durable and competitive mining industry, whose operations support the fundamental social, economic and environmental values of the Yukon".
When the Minister of Indian Affairs and Northern Development received cabinet approval to draft Bill C-6, special arrangements were made to consult with YMAC throughout the drafting of the bill and the accompanying regulations. Such arrangements are extremely unusual, however, without them it would not have been possible to reach the general consensus on this legislation.
Beginning in early 1994, YMAC initiated a series of meetings to discuss drafts of the proposed legislation and regulations. The committee met as a group more than 10 times during 1994 and 1995 specifically to discuss this issue. Also over the past years, these legislative proposals have been reviewed and discussed at such mining industry forums as the Geoscience Forum in Whitehorse, the Cordilleran Roundup in Vancouver, the Prospectors and Developers Convention in Toronto and the Gold Show in Dawson.
In July 1995 with the endorsement of this government, YMAC took its consultation to another level by mailing out a summary of the legislative proposals and regulations to more than 600 individuals, organizations and companies. Public information sessions were subsequently held in four Yukon communities: Dawson City, Mayo, Watson Lake and Whitehorse.
Close to 150 people attended the hearings announced in the newspapers, on the radio and on posters in the offices of the mining companies and other public buildings. The committee as well as the federal government and the government of the Yukon also received a certain number of written comments on the proposed statute.
We especially tried to get the First Nations to participate, at the grass roots level, in the consultation process.
In addition to being represented on the YMAC, the 14 First Nations of the Yukon received a summary of the bill and the related regulations before public information meetings were held in July 1995.
The hon. members of the House should know that the minister initiated discussions on an even broader range of issues regarding First Nations during the consultations conducted by his department on the regulations on the use of mining property, which is being developed.
In October 1995, two dozen First Nations groups and organizations received a copy of the summary of the bill and the proposed regulations with a request for comments.
Officials of the Department of Indian Affairs and Northern Development have contacted these groups directly to arrange meetings to discuss the proposals and receive feedback. At least one meeting has been held with representatives from each Yukon First Nation. The minister is very interested in hearing aboriginal people's views on the proposed regulations, in particular whether the First Nations want their own legislation or this act to apply to their settlement lands.
Once the draft regulations are finalized, the government will follow the normal process of publishing them in the
Canada
Gazette at least 60 days prior to their proclamation. This will provide a further opportunity for public input into the mining land use regime.
Also, in close consultation with the full range of stakeholders, separate regulations are now being developed for hard rock production and mine site reclamation. These will be brought into effect after the land use regulations are promulgated, which is expected to occur at the same time or shortly after Bill C-6 is proclaimed.
Based on the wide ranging and extensive consultation that has been undertaken, we have before us a bill which reflects a broad consensus of the key stakeholders connected to the Yukon mining industry. Although there are some issues on which YMAC could not reach an agreement, all stakeholders have demonstrated flexibility and a willingness to compromise. Hon. members should be aware that Bill C-6 is very much in keeping with the YMAC report of April 1992.
As recommended by the committee, the government is proposing to establish a multi-tiered classification system for land use operations. The government has also accepted the committee's recommendation for a completely separate set of regulations from the territorial land use regulations so as to better reflect the unique operating requirements of the mining industry in Yukon.
Another characteristic of the proposed program is the short delays given the government to make decisions concerning mining activity applications. This is in accordance with a committee recommendation taking into account the short placer exploration and development season in Yukon.
The bill also proposes a well defined responsibility and accountability framework. The chief of placer land use will administer the regulations and will make decisions concerning most of the projects. The only exception will be for projects concerning hard rock, which will require a permit issued by the minister. The decisions of the chief of placer land use will be subject to appeals to the minister.
Inspectors will have clear, reasonable and effective powers allowing them to give regulatory approvals. They will have the power to enter any mining site or building, except dwelling places.
They will also have the power to take samples and to examine books, records or documents and make copies thereof.
The inspectors will also have the power to order the cessation or modification of any activity, when it results or may result in danger to persons or the environment. The inspectors' orders will be subject to an appeal to the chief of placer land use.
Hon. members will be pleased to learn that this bill should not increase costs for operators using approved mining practices that are safe and respectful of the environment. In fact, the additional administrative costs that could result from the regime will be only minimal.
Bill C-6 also provides for mechanisms to ensure maximum harmonization and co-ordination with other statutes, such as the Yukon Waters Act and the Territorial Lands Act. Hon. members are aware that the Canadian Environmental Assessment Act contains provisions for co-ordinating the efforts of all federal bodies taking part in an environmental screening and assessment. This would have the effect of further reducing duplication and overlap in the administration of the regime.
The mining industry has a long and proud history in Yukon, a history of contributing to economic development, income generation and job creation. By putting in place environmental regulations that have already been accepted in the rest of Canada, this legislation will ensure that the industry can continue to make these vital contributions for many years to come.
Bill C-6 is the latest in a series of initiatives undertaken by this government to ensure the viability of the mining industry and economic growth and security in Yukon. In February 1995 the Yukon First Nations Land Claims Settlement Act, the Yukon First Nations Self-Government Act and the Yukon Surface Rights Board Act were proclaimed.
These acts were required to implement the Council for Yukon Indians umbrella final agreement and the four Yukon First Nations final agreements that have been negotiated to date. These acts establish certainty of land ownership and rights so the resource development can go forward. Decades of uncertainty concerning land title and rights will continue to disappear as each one of the outstanding claims is resolved.
Bill C-6 will add to the legal certainty that has been put in place through the land claims settlement process. These amendments are consistent with the umbrella final agreement and will compel decision makers to ensure that projects are properly reviewed and assessed and that mitigative measures are in place.
The development assessment process, DAP, legislation which we intend to introduce to the House in 1997 is now being developed in consultation with Yukon First Nations. Bill C-6 which fills a gap in the regulatory system will facilitate the objectives of the development assessment process.
Already, we are seeing the positive results of the land claims settlement process. The signing of definitive agreements has raised new interest in the Yukon's mineral resources. Some 13,000 mining claims were staked in 1995, raising the number of duly registered
claims in the area to over 55,000. The amount spent on exploration should exceed $40 million this year, and spending on development could exceed $60 million, a high for the decade.
At least five companies have expressed their firm intention to open, re-open or expand mining sites in the Yukon in the next two years. Several others have indicated that they would be interested in operations if they would come up with the necessary capital and if feasibility studies are favourable.
The introduction of the amendments in Bill-C-6 will allow us, where necessary, to put these proposals for mining sites through a complete environmental screening, and to ensure that these sites are operated using safe environmental practices, in accordance with the regulations for the sound and effective use of mineral lands. In the long term, this should be in the best interests of the industry, of all Yukoners and of all Canadians.
Given the opposing points of view on mining and the environment, it is quite remarkable that we have achieved such a degree of consensus and reached such a compromise, as evidenced by Bill C-6. We must not miss this opportunity to regulate the development of mineral lands in the Yukon and I urge hon. members in this House to vote in favour of this bill.