Mr. Speaker, it is my pleasure to rise today to speak to Bill C-39, an act to replace the Yukon Act. Let me put on the record that the Canadian Alliance will be offering support for the bill. The underlying principle of the devolution of power to the territory of Yukon is certainly one that we can support, and it perhaps is long overdue.
While we offer our support, we also have questions and concerns that will need to be addressed by the minister, departmental officials and, most important, representatives from Yukon itself.
In reading the act, I see that there are three main features: first, to implement provisions under the devolution transfer agreement; second, to recognize the existence of responsible government in Yukon; and third, to make a number of consequential amendments to other federal acts.
I am not concerned at this point with the latter one, but as we debate both in the House of Commons and at committee, I am certain the details of the amendments to the other acts will naturally be determined and derived out of the clause by clause discussion at the standing committee.
As we look at the first two features, I believe that members of the House should be sure that as they go through the bill they understand it and that we do it well.
I am pleased that the devolution transfer agreement has been agreed to by the Yukon government, the first nations of Yukon and the federal government. I believe that this is an area of specific interest to all parties in the House and that we will therefore devote some of our time and energies to looking at this.
As I understand the context of the bill at this time, the devolution agreement is to be consistent with the long standing objective of successive governments to transfer provincial type programs and responsibilities to a territorial government.
One critical goal of this objective is that with the transfer of responsibilities to the Yukon government the authority and accountability must also be transferred. This can take place through a staged process, but the end objective of the devolution of powers must include both responsibility and authority. To offer the responsibility of power without the authority to back it up would prove to be fruitless and pointless to any future Yukon government.
For instance, I have questions about the Canada-Yukon formula financing agreement and how it will work. As I currently understand the legislation, Yukon would now collect all royalties, rentals, dues, fees or other charges previously collected by the northern affairs program for these programs. Yet the federal government would continue to pay approximately $34 million annually for the administration and control of land and resources in Yukon from funds previously allocated to the northern affairs program.
While I support the premise that Yukon should become more financially independent, I also want to ensure that all Canadian taxpayers benefit under the agreement. I will want to better understand from the minister and departmental officials how this portion of the agreement fits and compares with the current transfer agreement with the provinces. Of course, to do that we need much more information on this particular subject.
The area that I wish to explore at further length today, and which my colleagues and I will follow most closely is the second feature; the recognition of responsible government and all that the term entails.
The documents refer to the conventions of responsible government being similar in principle to those of Canada. While I understand that there are legal definitions attached to these phrases, let us remember that these words also have meaning to the citizens of both Yukon and indeed all Canadians.
As this is a tripartite agreement signed by the Yukon government, the Council of Yukon First Nations and the Canadian government, I believe that we should further explain and confirm what should be included under the term responsible government. Furthermore, these basics tenants should apply equally to all three parties of the agreement.
Responsible government must first reflect to whom it is responsible. From our point of view, it is and must be responsible to those it governs. Under the act, these would be the citizens of Yukon, Yukon first nations and then all Canadians.
The citizens of these three jurisdictions are the voters and taxpayers for each of these levels of government. Without the citizens and their respect, the government has no jurisdiction.
While many in the Chamber could add particulars to the much needed aspects of responsible government, accountability must be primary. Accountability may be discerned in many different ways, including governmental, financial and electoral.
For government to be accountable to the people it must be transparent. The decision making process must be clear for all to see and follow. This does not mean that everyone will like the final decisions, but it does mean that the rationale will be obvious for all to see.
Government decisions should not be based on special interest groups, favours or personal gain. Rather government decisions must be made that reflect the will and the needs of the people. Nor does it mean that some of these decisions will be easy. I am sure all my hon. colleagues in the Chamber know that many of the decisions we made may not always be popular, but they have to be made. They are often very difficult decisions made in the best interests of all Canadians.
I must say that one of the greatest concerns many of us in the opposition ranks have had is the transparency of the federal government in decision making processes. When members of the House are not able to follow the process, it is virtually impossible for members of the public to likewise see transparency in many government decisions. I sincerely trust this is not what the government is intending when it refers to the responsible governments similar in principle to that of Canada. Surely the Yukon government will start off in a better way than we often see displayed by the government in Ottawa where transparency is often not forthcoming.
There is also the aspect of financial accountability. There can be no greater control over the people than what a government does with the revenues derived from its citizens. Whether we like it or not, fiscal policy can be used to greatly assist citizens or seriously harm them. The best intentions of special interest groups, political alignments and even the government itself can have major impacts upon the decision making process.
I ask and even challenge the governments, which have signed the tripartite agreement, to analyze their roles and influences in light of financial decisions and fiscal accountability. Are they making decisions based on sound fiscal foundations both now and in the future? Will their decisions stand up to the test of time? In a free and democratic country such as Canada, no one government will be in power forever. Others will follow along and decisions will be reviewed and challenged. Ensure that decisions now will be viewed by the majority as being based on sound and transparent fiscal foundations.
Furthermore, the act specifies that the federal Minister of Indians Affairs and Northern Development will consult with the executive council in respect of proposed amendments in the future. Once again, we will hope that consultations will actually result in positive change and not just rhetoric. All too often in the past many Canadians in their own particular consultations with government have come to the conclusion that the consultations do not really change anything if the government has made up its mind.
For instance, during the Nisga'a debate over 1,200 submissions were made to the government, none of which changed the final agreement. Imagine what that does to the citizens of a country who try to make some kind of impact upon government only to find that in actuality the government did not listen to them. We hope that is the standard for future consultations and that there will be open and honest debate reflecting the needs and concerns of its citizens in the Yukon government.
One particular aspect of the act that I am pleased to see is the preference by Yukon first nations is to settle all land claims before the devolution of power to the Yukon government is implemented. With the current plan to implement the new Yukon act by April 1, 2003, there is a need to move these settlement negotiations along. I believe there is sufficient time to reach the goal, but certainly the negotiations should not be delayed at all. I encourage all parties involved to actively pursue this goal, keeping in mind the need to reach a settlement that is affordable, achieves finality and meets the needs of all parties and their respective citizens.
This is a large bill and will have an effect on every single person living in Yukon. It will affect the employees of the northern affairs program and the Yukon government as well. While I generally believe that this is a positive move, I believe that all members of the House need to proceed cautiously to ensure that all aspects and conditions under the act have been fully considered.
There are a number of positive aspects to the bill. For instance, I am pleased that the powers granted under the act resemble provincial powers as outlined in the Canadian constitution. I can think of nothing better than to work toward the independence of Yukon as a province in due time. We will be very pleased to see it take its place alongside the other 10 provinces of this great country in the years to come.
I am pleased that the devolution of power under this act will cause the cessation of operations of the northern affairs program in Yukon. It has been the belief of the Canadian Alliance and our predecessor, the Reform Party, that the Indian and Northern Affairs Canada should be phased out over a period of time. In our opinion, this move in Yukon is a very promising first step toward that goal.
Recently, the leader of the official opposition spoke with Premier Duncan of Yukon and expressed our party's position on this act. I am pleased to hear of the Yukon government's support for this act as well.
I also have a few concerns about the bill. I trust the government will be willing and open in its anticipated briefings, its appearances before the standing committee and during debate in the House to listen to and accept all appropriate amendments that are proposed by hon. members from all sides. It would be reassuring to see the government actually actively consulting and implementing changes that would improve this bill rather than just proceeding without due care and attention.
I would like to hear if the government has a plan regarding the application by Yukon to apply for and achieve full provincial status. Obviously, the territory is coming closer to achieving this. Will this legislation speed up or slow down the application process?
The background of the bill clearly states that Yukon will be deriving powers parallel to those outlined for provinces in the Canadian constitution. I will be very interested to hear comments from the minister and members of his department on this issue in particular when they appear before the standing committee.
I will ask the government to further clarify the financial arrangements, whereby Yukon will receive new taxation funds to a maximum of $3 million annually. My understanding is that these are funds that the federal government previously received. While these various taxes are applied to primarily natural resources belonging to Yukon, it is also my understanding that Indian and Northern Affairs Canada funds will also be redirected to Yukon.
While I support the move for Yukon to achieve financial independence, I believe that the governments involved must provide further clarity on this particular financial agreement. Yukon should retain the taxation revenues derived from its own resources and should not incur financial hardships due to this devolution of power. However, it appears that the federal government of course will be losing revenue and not decreasing its corresponding expenses. Somehow the minister should offer clarification in this matter as it goes before committee.
My last concern today regarding the bill specifically is whether or not the bill can actually be changed. All too often in the recent past legislation has come before the House for debate but the bottom line is that no changes can or will be made to the legislation especially if proposed by the opposition. The duly elected members of the House of Commons can debate this bill forever, but if no changes can be made to the agreement, our debate really amounts to nothing more than empty rhetoric.
I would like to take this opportunity to broaden the debate out generally to the minister and the Department of Indian affairs and Northern Development. I must give credit where credit is due. I am generally pleased with the more approachable aspect of the minister and his departmental staff in recent months.
However, as I am certain that my colleagues on this side of the House will attest, it is difficult to speak to such an important bill without sufficient time to study the bill itself. On Friday my office received a five inch binder. The departmental staff did a good job of compiling the information regarding the legislation and the related items in it. However to receive and speak indepth on a bill as important as this one without the opportunity to fully research the bill shows somehow a lack of trust on the part of the government.
The bill refers to changes for employees from federal to Yukon status and the procedure for this to occur.
There are all kinds of things in here for which we needed the time to sit down, read and digest before we came to the House with them. Might I suggest that it would be in everyone's best interest to introduce the bill into the House of Commons, set departmental briefings with all those who want them and therefore ensure that all interested members of the House, particularly the opposition, are able to speak knowledgeably. If the House truly wants open and full debate, then the government must do its part to ensure that all members are given the tools to perform their tasks adequately.
The legislation affords me the opportunity to talk on the issue of consultations. Full and complete consultations are needed with all parties affected by the agreement. The government indicates that it has had those discussions. I look forward to hearing from the other parties involved in this agreement in order to ascertain that all parties agree with the government's perspective on consultations.
As I close, I wish to confirm my party's position on the bill. We see several advantages and progressive moves forward under the legislation. We also have a number of questions that require answers, clarifications or perhaps amendments. We are willing to lend our conditional support to the bill at this time and look forward to discussing it more fully in committee.