Mr. Speaker, I rise to address the House on Bill C-51, the Nunavut Waters Act. I am pleased to bring this legislation before the House so that we can establish a modern water management regime in the eastern Arctic that has a solid legislative and regulatory basis.
Bill C-51 is important for a number of reasons. First and foremost, it represents a major step forward in fulfilling the government's obligation under the Nunavut land claims agreement. As my hon. colleagues are aware, our commitment to fully implement land claims agreements was clearly stated in the red book. This is an ongoing process that will require the continued attention and support of the House.
Section 13 of the Nunavut land claims agreement requires that a special board be established with powers over the regulation, management and use of waters in the settlement area. The agreement also requires that this board be established through a statute. This is the primary purpose of Bill C-51.
However this proposed legislation does more than fulfil a lawful commitment under the Nunavut land claims agreement. It also advances the government's policy of fostering the political development of northern Canada by supporting the decision making in the north by northerners.
As the Nunavut water board begins to plays its role, local participation in the decision making process will increase. The new regime will result in a significant decrease in the number of applications for water use licences requiring ministerial approval as compared to that under the former Northern Inland Waters Act.
By establishing a viable, affordable and efficient form of government in Nunavut, the bill will allow the Inuit to effectively practise self-government in the eastern Arctic. Without passing any new law, under powers given in the land claim agreement, the Nunavut water board was established on July 9, 1996, on the third anniversary of the coming into force of the agreement.
As it stands now, the Nunavut water board has all the powers described in section 13 of the land claims agreement, but the latter did not give any details regarding the board's responsibilities. In view of the regulatory nature of the board, its role and jurisdiction were to be laid out in the bill before us today.
In order to ensure that the regulation and licensing of water use in Nunavut has a clear basis in law, we must proceed with this legislation. Bill C-51 will establish a fair, efficient and comprehensive water licensing system. In so doing, it will enhance the prospects for economic development and job creation in Nunavut while respecting the rights and benefits flowing from the Nunavut land claims agreement with the Inuit.
In the interests of good and efficient government the proposed legislation extends the jurisdiction of the Nunavut water board beyond the settlement area to encompass the entire Nunavut region, except for national parks. In this regard Bill C-51 exceeds the requirements of the Nunavut land claims agreement but creates a uniform management regime.
It is critical that we have a uniform water management regime throughout Nunavut. A single regime will be more cost effective, consistent and easier to manage, and will meet the government's commitment to industry to streamline the licensing process. I want to assure my hon. colleagues that we are not establishing a completely new system of water management with this legislation. Bill C-51 is modelled on the Northwest Territories Waters Act and its predecessor, the Northern Inland Waters Act, with a few modifications to reflect the requirements of the Nunavut land claims agreement.
The Nunavut water board will have responsibilities and powers equivalent to those currently held by the Northwest Territories water board, which are essentially the authority to license the use of water and the deposit of waste. Licences will not be required to use water for domestic purposes, for emergency purposes such as fighting fires or controlling floods, or in national parks.
Bill C-51 sets clear rules for issuing, renewing, amending or cancelling water use licences. These rules give the industry added certainty and will protect the environment in the eastern Arctic. Also, they will ensure that the licensing process takes into account the interests of all the water users.
The Nunavut water board will have a wide range of powers to carry out its mandate, including holding public consultations with regard to licence applications. In some cases, such as applications
for permission to expropriate, the board will be obliged to hold public hearings.
In such a case, the board will have to form a panel made up of some of its members and will have to give advance notice of the hearing. It will also have to publish notice of its decisions.
The board will have the power to impose strict conditions for the issuance of licences. The maximum proposed penalty for offences is a $100,000 fine, one year imprisonment or both. Similar provisions exist in other similar water management systems elsewhere in Canada.
Furthermore, I am happy to inform the House that the board will have the authority to order the compensation of consumers adversely affected by licensees' activities. It will also have the power to order a licensee to deposit a security with the Department of Indian Affairs and Northern Development.
Bill C-51 will clearly place a great deal of decision making authority into the hands northerners and in particular the Inuit of Nunavut. At the same time, in a fashion similar to the Northwest Territories Waters Act and the Northern Inland Waters Act, the governor in council will retain the authority to make water management regulations. However, in certain instances, as specified in Bill C-51, the recommendation of the federal minister will be subject to the concurrence of the board.
In the interests of effective planning, the water board will be expected to work closely with the Nunavut planning commission and the Nunavut impact review board. Legislation covering these two boards will be introduced in the near future.
As mentioned earlier, there are important provisions in the legislation that reflect the letter and spirit of the Nunavut land claims agreement. Specifically, the Nunavut water board will not be allowed to issue, renew or amend a water use or waste deposit licence that may substantially affect waters that are on or flow through Inuit owned land unless a compensation package is in place.
To ensure a smooth transition from the current water licensing regime, all licences issued under the Northwest Territories Waters Act will continue to be valid after promulgation of Bill C-51. Hearings that had begun under the Northwest Territories Waters Act before the Nunavut board was established will continue until a decision is reached. If hearings for an application had not commenced when the Nunavut water board was established the application will be addressed by the Nunavut water board under the provisions of the new legislation.
This legislation also contains a clause that will validate decisions made by the Nunavut water board before Bill C-51 comes into effect, as long as those decisions would have been valid under the Nunavut Waters Act.
As the members of the House know, in the eastern Arctic, we are concerned about the impact of the Nunavut Land Claims Agreement on the other Inuit who have traditionally occupied and used the land in the region affected by the settlement of land claims.
I am happy to say that Bill C-51 does take these concerns into account, with respect to water. The proposed Nunavut Waters Act includes provisions allowing the representatives of the Makivik Corporation to sit on the board whenever it studies activities affecting areas, in Nunavut, which the Inuit of Quebec use in equal proportion.
The Inuit of Northern Quebec will also be fully represented before the board when it will examines issues concerning the islands and the maritime regions traditionally used by these aboriginal people. Some First Nations will also be represented before the board when the issues at hand affect the regions they have traditionally occupied and used and are still using.
Negotiations with the Nunavut Tungavik Incorporated to establish this board have proven to be extremely complex. We have fundamentally different views on how the new water management regime should be implemented. Essentially, NTI is of the opinion that the Nunavut water board should be the final authority on the issuance and enforcement of all water licences in Nunavut and that there should be no ongoing role for the responsible minister or for the governor in council.
We believe it is the responsibility of elected governments, not appointed boards, to establish an appropriate balance between economic development and environmental protection. This principle of accountability is at the very heart of our system of democratic government.
There is concern that NTI's position would give the Nunavut water board more authority on water matters than a future elected Nunavut government when the responsibility for water management is transferred to the territories. This is clearly not the situation in any other jurisdiction in Canada and it would not be an acceptable situation in Nunavut. Unfortunately, it has become evident that we cannot reach a consensus with NTI on this matter. In the interests of good government and to eliminate regulatory uncertainty in Nunavut, we have decided to proceed with Bill C-51 which fulfils our legal obligation and is fully consistent with the Nunavut land claims agreement.
Let me reiterate that the regime we are establishing in Nunavut is very similar to the regime already in place and working well in the Northwest Territories. This regime has recently been strengthened, modernized and streamlined based on extensive and positive consultations with key stakeholders in the north and in particular with the aboriginal peoples.
Bill C-51 ensures that more decisions that affect the people, waters and environment of Nunavut will be made in Iqaluit, Rankin Inlet, Cambridge Bay and other eastern Arctic communities as opposed to in Yellowknife or Ottawa.
I believe this is a logical step forward in the political development of the north. I believe that it is an important step toward the creation of a new territorial government in Nunavut. I am therefore seeking the support of hon. members from both sides of the House in referring this bill to committee for review.