Mr. Speaker, I thank the opposition for giving its unanimous consent. Since I have been in the House the opposition has always been very positive when I bring forward the aspirations of Yukoners and I very much appreciate this.
The bill is a bold step forward to a better future for all Yukoners. At such a forward looking time in our history, it would be remiss of me not to acknowledge my predecessors in this place, former members for Yukon: the Hon. George Black, Martha Louise Black, James Aubrey Simmons, the Hon. Erik Nielsen, the Hon. Audrey McLaughlin and Louise Hardy, all of whom have played a role in the political evolution of Yukon.
I would like to make it clear that Bill C-39 has a wide cross-section of support from Yukoners. The act is a result of extensive consultations with Yukon residents which began in 1996. We spent the past five years consulting and negotiating with the Yukon government and with first nations. Successive drafts of the bill were shared and discussed with our territorial partners throughout the negotiations. We have taken the necessary time to ensure that the bill protects and promotes the needs and interests of all parties.
I am pleased to report that the Yukon government and the Council of Yukon First Nation chiefs support proceeding with the Yukon devolution initiative. This essential milestone paved the way to the agreement which was signed by Yukon premier Pat Duncan and the Minister of Indian Affairs and Northern Development on behalf of Canada. It is now up to parliament to turn over comprehensive new powers to Yukon where the powers rightfully belong.
The new Yukon act would give effect to a number of provisions negotiated in the devolution transfer agreement. It would give the Yukon legislature lawmaking powers to manage land, water and other resources.
The bill would also modernize legislation to reflect the existence of responsible government in Yukon and the structure and responsibilities of public institutions consistent with current practices.
Let me explain what that means in practical terms. If approved, the bill will transfer the lawmaking powers over most of the public lands and resources, including forests, mines and minerals, in addition to water rights in the territory to the Yukon legislature. This will result in the Yukon government having decision making powers over matters fundamental to the economic well-being of the territory.
Once devolution takes effect, proposed for April 1, 2003, the Yukon government will have the necessary financial resources to carry out its work. The Yukon will collect the royalties, rentals, dues, service fees and other charges currently collected by the Department of Indian affairs and Northern Development. The agreement also ensures that the Yukon government will receive a net fiscal benefit from these new resource revenues.
Land and resource management responsibilities are in many ways the most important component of the devolution process because this places development decisions in the hands of the people most knowledgeable about local conditions and those most affected by the consequences of those decisions: northerners.
Devolution of these powers also acknowledges that local residents have a vested interest in and a commitment to sustainable development. They recognize that responsible management of the north's wealth of resources means ensuring that as development proceeds, the full impact on people, their communities and the environment are all taken into account.
The devolution transfer agreement sets out detailed understandings reached with the Yukon government and first nations on various aspects of the transfer of power. We have resolved a wide range of complex issues and overcome a number of obstacles to reach this agreement.
Certain Yukon first nations would prefer to see their land claims settled before we transfer the lawmaking powers to Yukon. That is why the Yukon devolution transfer agreement contains protection measures for Yukon first nations that have not yet completed land claim agreements. Just this weekend another first nation went through the process to ratify its agreement.
I believe the people of Yukon have waited long enough for these important powers. We all know that local control leads to empowerment and development. We also know that it must be carefully balanced to protect the rights and interests of all the parties involved.
I can assure the House that this agreement is fully consistent with the land claims and self-government agreements in Yukon, with the constitution of Canada, with responsible environmental practice and with fiscal management.
The process which enabled us to achieve this accomplishment embodies the spirit and partnership laid out in “Gathering Strength--Canada's Aboriginal Action Plan”.
The Yukon devolution transfer agreement stipulates that Yukon first nation governments will continue to have jurisdiction over natural resource management on settlement lands. This agreement includes a number of bilateral arrangements and commitments for joint action between the Yukon government and first nations.
I am confident that these arrangements will lead to further enhanced government relationships between the territorial government and first nation governments in Yukon.
I also want to point out that the agreement contains measures to ensure that first nation rights and interests are not derogated and not abrogated by the transfer of powers to the Yukon government.
The Government of Canada will continue to have a fiduciary relationship with the aboriginal peoples of Yukon.
Finally, existing third party rights and interests issued under federal legislation up to the date of devolution will be continued undiminished by the Yukon government.
Until now the Department of Indian Affairs and Northern Development has been performing many provincial type powers in the north. After devolution the department's northern affairs program will cease most of its operations in Yukon. It will, however, retain responsibility for the existing contaminated mine sites.
Consequently, the federal resource management acts, namely the Yukon Quartz Mining Act, the Yukon Placer Mining Act, the Yukon Waters Act, will all be repealed. The Territorial Lands Act, which currently applies to the three territories, will no longer be applicable in Yukon. The Yukon Surface Rights Board Act will also be repealed at a future date.
The Yukon government will pass its own legislation to mirror the federal acts which will be repealed under the new legislation. The repeal of the federal acts and bringing into force the Yukon government's acts will be synchronized to ensure that the transfer is seamless.
With the passage of the bill, the Yukon government, in consultation with first nations, will be free to develop different resource legislation to reflect its own unique priorities.
I mentioned at the outset that the new Yukon act would provide lawmaking powers to the Yukon legislature over land and resources. These powers are similar to those of a province under the Constitution Act, 1867. Changes being proposed in this package will not change the constitutional status of the Yukon territory. It will continue to be a territory of Canada and the federal government will retain its authority in areas of international and national interest.
Title to public lands and waters will remain vested with the federal crown. Should it be necessary, the bill sets out a process to take back the administration and control of public land in the national interest, such as the creation of national parks or a conclusion of land claims.
The federal government will also continue to hold responsibility in such areas as environmental assessment and remediation of health and safety hazards, as well as the costs associated with environmental remediation at mine sites where these hazards were created prior to the date of devolution.
I mentioned earlier that the operations of the Department of Indian affairs and Northern Development in Yukon will be significantly reduced after the bill comes into effect. I am pleased to note that the measures have been taken to ensure the fair treatment of the federal public service.
Approximately 240 indeterminate federal employees currently working in the northern affairs program will receive permanent job offers from the Yukon government at a position, salary and compensation package comparable to their current federal levels. The provisions in the agreement meet all the requirements outlined in the workforce adjustment agreements between the treasury board and the public service unions. This means that federal employees who now make their home in Yukon will be able to continue to work and live in the territory. Equally important, their corporate knowledge and experience in the programs areas being transferred to the Yukon government will prove invaluable as it assumes these new responsibilities.
I can assure the House that given the lead time until the new act comes into force, in the spring of 2003, that we are working with our partners to ensure a smooth transition for industry, for the general public and for our employees. Government business in Yukon will continue uninterrupted.
As well, the Yukon government will continue to provide land and resource management services in both official languages, at the current level of service.
As important as the various clauses in the bill are pertaining to the devolution transfer agreement, other proposed legislative changes are also of high symbolic value to the people and the government of Yukon. They send a clear signal to Canadians to recognize the legitimacy of their government and have full confidence in their ability and responsibility to manage their affairs. They reinforce the fact that the Yukon government has taken on increasingly greater levels of responsibility and proven its capacity to administer territorial affairs. They acknowledge that there is responsible government in Yukon with a system of government similar in principle to that of Canada.
These provisions in the Yukon bill would bring the legislative framework into line with what has been common practice in Yukon for the last 20 years.
Consistent with governments elsewhere in the country, the bill would extend the term of the assembly from four years to five years, and would provide for the dissolution of the assembly by the commissioner rather than by order of governor in council.
The bill would modernize the powers of the Yukon legislature consistent with the objective of successive governments to transfer all remaining provincial type programs and responsibilities to territorial governments. The bill would also change the names of public institutions. For example, the council would be renamed the legislative assembly and the commissioner in council would be renamed the legislature of Yukon. The legislation would also formalize the practice that the commissioner of Yukon will act with the consent of the executive council, consistent with the conventions of representative and responsible government in Canada.
The package of increased powers and legislative changes in front of the House recognize that the people of Yukon have valuable contributions to make to the social, economic and political fabric of Canada and provides them with the tools to get on with the job.
In conclusion, I am tremendously proud of the bill. It fulfills our promise to provide teeth to modern governments in the north. It solidifies the structures that reflect the priorities of the territorial government and helps to set the stage for positive, constructive relationships across government in Yukon for decades to come. The bill would create certainty and establish conditions for further economic development and prosperity. It would reinforce environmental stewardship, a key to sustainable development in Canada's north.
Most of all, the new Yukon Act underscores our commitment to nation building and affirms our determination to put decision making powers into the hands of northerners. It reinforces our conviction that the key to building a strong, prosperous communities is to foster local solutions to local challenges.
This is a long-awaited bill, Mr. Speaker. The legitimate aspirations of the residents of Yukon will start to assume concrete form with the passage of this bill.
After decades of trying to advance these goals, I am sure we all agree that the time has come to turn good intentions into concrete actions. I call on my hon. colleagues to adopt Bill C-39 so we can get on with the work of creating a strong Yukon and, in turn, a better Canada for all of us.
Masi Cho. Gunalchish.