Mr. Speaker, I rise to address the House on Bill C-37, the claim settlements (Alberta and Saskatchewan) implementation act. I am pleased to be presenting this legislation for a third and final reading.
I want to begin by thanking hon. members for supporting Bill C-37 at second reading, when members from all parties spoke in favour of the legislation. I also want to thank the standing committee for its thorough examination of Bill C-37.
First nations in Alberta and Saskatchewan, with the full support of the government, want to move forward. It is time to fulfill Canada's treaty land entitlement commitments and implement specific claim settlements agreements in these two provinces.
Bill C-37 would facilitate this process by expediting the acquisition and transfer of lands to reserve status in Alberta and Saskatchewan.
As hon. members will recall, we currently have a backlog of about a million hectares, or two million acres, of land that has yet to be added to reserves as a result of claim settlements in these two provinces, and even more commitments are expected in the future.
Members will have realized that this bill deals mainly with administrative matters. Nevertheless, it will bring changes which we expect will yield important improvements in the implementation of claim settlements.
For example, the existing additions to reserves process simply was not designed to accommodate such a volume of work in an expedient or efficient manner.
In addition, today many of the lands first nations are selecting to add to their reserves have third party interests, such as leases or mineral rights, that need to be addressed.
Although a number of mechanisms exist in federal law for accommodating third party interests, these are not currently available for the purposes of adding lands to reserves.
Changes are needed, progressive changes that will allow the government to meet its commitments to first nations people, as we promised to do in “Gathering Strength”, our response to the royal commission on aboriginal peoples, and in the recent Speech from the Throne.
Changes are needed that will allow us to get the job done quicker, while respecting the rights of everyone involved and providing new opportunities for first nations to build their economies and create jobs in their communities.
Bill C-37 passes the test on all accounts. It would protect and even enhance the rights of other parties. It would speed up the process for first nations and give them access to a broader range of lands that have existing commercial interests and development potential.
I would like to quickly review the key elements of the bill so that hon. members can appreciate what we are trying to do and why they should support the government and first nations in this process.
First, Bill C-37 would empower the Minister of Indian Affairs and Northern Development to grant reserve status to lands that are selected by Alberta and Saskatchewan first nations under claim settlements. This would replace the current process of obtaining an order in council. We expect this change will shorten the time needed to approve additions to reserves which in turn would allow any economic benefits associated with the lands to be realized more quickly by the first nations. More importantly however, Bill C-37 would streamline the process for dealing with third party interests in lands selected for additions to reserves under claim settlements.
This will be achieved by giving first nations in Alberta and Saskatchewan pre-reserve designation and permit granting powers that will allow them to agree to continue an existing third party interest or to negotiate a new one in selected lands before the lands become part of a reserve, and even before the lands are purchased.
Under the existing process, any such interests must either be bought out or otherwise accommodated before the land can be transferred to Canada and granted reserve status.
As I noted a moment ago, this improved pre-reserve designation power will give first nations access to a broader range of lands that have development interests or potential. Because these lands can be selected and acquired more quickly, any third party interests associated with them will contribute sooner to economic and social progress in the community.
First nations will not be the only ones to win from these new mechanisms. All concerned parties, including private sector developers, landowners and people, companies or institutions who hold interests in land in Alberta and Saskatchewan, will benefit from the higher level of certainty that will result from Bill C-37.
For example, the proposed legislation would provide businesses and investors in Alberta and Saskatchewan with certainty of tenure for any third party interest they might hold in lands to be added to a reserve. It would also provide the certainty, stability and predictability first nations and businesses need to negotiate new commercial arrangements and economic development partnerships.
Facilitating the transfer of lands to reserve status is the main object of Bill C-37, but I want to remind hon. members that the legislation also proposes to amend the Manitoba Claim Settlements Implementation Act and the Saskatchewan Treaty Land Entitlement Act of 1993. In the case of the Manitoba bill the amendments would make minor language improvements to ensure its consistency with Bill C-37.
Hon. members will recall that part 2 of the Manitoba Claim Settlements Implementation Act already has put the new regime in place for claim settlements in that province. In fact it served as a model for the legislation currently before the House. The changes to the Saskatchewan legislation are more substantive but their purpose is equally straightforward.
Clause 12 would confirm in law any release of the province of Saskatchewan from its obligations under the natural resources transfer agreement of 1930 to provide unoccupied crown lands when that obligation otherwise has been met as part of a treaty land entitlement settlement negotiated since 1993 or in the future. As well, clause 13 would establish clear rules for determining whether the pre-designation power provided in Bill C-37 or a similar power in the Saskatchewan legislation applies in different circumstances.
I am pleased that Bill C-37 has enjoyed the support of all parties because the legislation demonstrates real progress in fulfilling Canada's historical obligations to first nations people.
Let me remind hon. members that some of the treaty land entitlement settlements that will be facilitated by this legislation resolve grievances that go back more than a century.
At long last, more than 30 first nations in Alberta and Saskatchewan will receive land that was promised when their forefathers signed treaties with the crown, but that was never fully delivered, lands that will meet their needs today and in the future.
I am especially pleased for the Alexander First Nation and the Loon River Cree First Nation in Alberta, whose treaty land entitlement settlement agreements included commitments by Canada to recommend legislation to streamline the additions to reserves process.
I am also pleased for those first nations whose specific claim settlement agreements will be facilitated by Bill C-37. Looking to the future, these provisions will be available for all future claim settlements in Alberta and Saskatchewan that involve additions to reserves.
In other words, what we are putting in place here is not a short term fix, but a long term solution to assist a process that could be ongoing for many years, as more claim settlements are negotiated by Canada. As we gain experience with this new process it may serve as a model for the entire country.
I am pleased with the flexibility that is inherent in Bill C-37. While I believe this new approach would be a great improvement over the existing additions to reserve process, it may be that some first nations will not agree. Bill C-37 would therefore give them the option of either electing to adopt these mechanisms or to continue under the current process.
As hon. members were advised during second reading debate, the opt in decision would apply only on a settlement by settlement basis. In other words, any first nation that has both a specific claim settlement and a treaty land entitlement settlement must make a separate election for each settlement agreement and it would be free to make a different election in each case.
Whatever choice they make, I can assure hon. members that the Department of Indian Affairs and Northern Development will continue to work closely with first nations to fulfill any commitments to expand reserves.
Consistent with our government's approach to doing business, Bill C-37 was developed in close consultation with the affected stakeholders. First nations and treaty organizations in both provinces were consulted and have endorsed the approach set out in Bill C-37, including the Alexander First Nation and the Loon River Cree First Nation.
The proposed amendments to the Manitoba Claim Settlements Implementation Act and to the Saskatchewan Treaty Land Entitlement Act have also been endorsed by the affected parties. Bill C-37 also has the full support of the provincial governments of Alberta and Saskatchewan.
Clearly this is good legislation that would improve Canada's relationship with first nations in Alberta and Saskatchewan. Just as important, it would strengthen the capacity of first nations governments to make decisions about their lands and communities and allow them to more effectively pursue economic development opportunities.
Bill C-37 also meets the needs of other parties who have an interest in lands in those two provinces. This is a win-win bill for all who will be affected by it. With that in mind, I invite hon. members on both sides of the House to join me in supporting Bill C-37.