moved that Bill C-33, an act respecting the water resources of Nunavut and the Nunavut Surface Rights Tribunal and to make consequential amendments to other acts, be read the second time and referred to a committee.
Mr. Speaker, I rise to address the House on Bill C-33, the Nunavut waters and the Nunavut surface rights tribunal act. Bill C-33 would address a number of outstanding commitments made under the Nunavut land claims agreement signed in 1993.
It is also consistent with our commitments in the Speech from the Throne to strengthen Canada's relationship with aboriginal people and to bring the benefits of prosperity to all communities including the remote Inuit communities of Nunavut.
Bill C-33 would provide the legislative framework for two institutions of public government in Nunavut: the Nunavut water board and the Nunavut surface rights tribunal.
The certainty created by the act will encourage investment. These institutions will ensure that residents of Nunavut have a say in decisions about the use of water resources, the deposit of wastes and access to lands throughout the territory. Their role will be to balance the interests of many stakeholders while ensuring protection of the fragile Arctic environment. They will operate with fairness, openness and integrity based on known and consistent rules.
Preliminary versions of the Nunavut water Board and Nunavut surface rights tribunal were created under the authority of the Nunavut land claims agreement. The agreement requires the government to set out by statute the powers and duties of the two institutions.
By way of background, the members of the Nunavut water board and Nunavut surface rights tribunal were appointed in 1996. This was a requirement of the Nunavut land claims agreement and the institutions are now exercising all the powers and duties described in the agreement.
However, the absence of legislation is contributing to a great deal of uncertainty in Nunavut. This legislative void is a major drawback that must be addressed. For example, concerns have been expressed in Nunavut about the appropriateness of the water licence issued to the capital city of Iqaluit. Officials at the Department of Indian Affairs and Northern Development in Iqaluit have found the licence to be difficult to enforce, a problem that can be traced to the lack of ground rules setting out the jurisdiction of the Nunavut water board.
Uncertainty about surface rights is a challenge faced by all stakeholders in Nunavut. Hon. members are well aware of the mining boom that is taking place north of 60. Several mines have recently opened and hundreds of prospectors are now combing the north for new mineral plays.
Bill C-33 would ensure that Nunavut has water and surface rights management regimes similar to those that exist in other jurisdictions in Canada. At the same time, it addresses the requirement in article 6 of the Nunavut land claims agreement for the government to name a person or fund to assume liability for damage to wildlife caused by shipping activities. This has not yet been done which could put the federal government at risk for damages in the event of a marine accident.
Bill C-33 would provide clear mandates for the water board and surface rights tribunal and certainty for all stakeholders in Nunavut; certainty of access for the resource industries, certainty in water licensing processes and certainty for members of the water board and the surface rights tribunal whose decisions in the absence of legislation, which is extremely important to bring to light, are open to legal challenge at any time. This is particularly true of the water board.
The Nunavut land claims agreement does not adequately describe the water management regime for the settlement area. It is silent on the issue of enforcement which is an integral part of any water management regime. As well, there is a lack of certainty respecting the jurisdiction of the new board in relation to the existing Northwest Territories Water Board.
Bill C-33 would fill a legal and regulatory void by fully describing the powers of the Nunavut water board. I would like to quickly review those powers for hon. members who are here in this place and for those who are in Nunavut and across the country, so they will better understand the importance of this piece of legislation.
The board will have responsibilities and powers equivalent to those of the Northwest Territories Water Board, which means essentially the authority to licence the use of water and the deposit of wastes. Licences will not be required to use water for domestic purposes or for emergency purposes, such as fighting fires or controlling floods.
Bill C-33 also sets out clear rules for granting, renewing, amending or cancelling water use licences. These rules will provide greater certainty for industry and ensure the protection of the eastern Arctic environment. It will also ensure that the interests of all water users are taken into account in the licensing process.
The Nunavut water board will be given a broad range of powers to fulfill its mandate, including the authority to consult the public on any and all licence applications. The board will also have the authority to establish strict licence conditions. The maximum proposed penalty for offences is a fine of $100,000, imprisonment for up to one year, or both. This is consistent with similar water management regimes in other parts of Canada.
I am pleased to inform the House that the water board will have the authority to order compensation for water users who suffer adverse effects as a result of a licensed activity. The board may also require that a licensee make a security deposit with the Department of Indian Affairs and Northern Development.
Although Bill C-33 would place a great deal of decision making authority in the hands of northerners, and in particular the Inuit of Nunavut, the governor in council would retain the authority to make water management regulations.
Bill C-33 also sets out the powers, functions, objectives and duties of the Nunavut surface rights tribunal. Unlike the water board, the tribunal is not a licensing body. Its role will be to resolve access disputes between landowners and those who want and need to use the land.
The Nunavut land claims agreement has provided certainty of land ownership and paved the way for resource projects and other economic development activities across the eastern Arctic. However, to support economic growth and job creation in Nunavut, we must ensure that processes are in place to allow developers to exercise their subsurface rights in a reasonable and responsible way.
At the same time, we must safeguard the interests of those who live on the land. The need for economic growth must be balanced with the rights of landowners to fair and reasonable compensation. It must also be balanced with the rights and desires of the Inuit to protect and preserve their land and the livelihood it supports.
Bill C-33 would achieve these objectives. It takes into account the interests of all parties, whether they be government, industry, Inuit organizations or the private individuals themselves. It would establish clear rules for exercising surface access rights on all occupied private lands, including Inuit owned lands throughout the territory of Nunavut.
On occasion, disputes of access will arise between landowners, developers and other interests in Nunavut. Bill C-33 would require the parties to try to negotiate an agreement before turning to the surface rights tribunal. In the event that the two parties could not come to an agreement, the tribunal would have certain powers to resolve the matter.
These powers are modelled on the regime currently used in the western provinces and in Yukon, and include the establishment of terms and conditions of a right of access to private lands, including Inuit owned lands.
Dispute resolution will be much less costly and time consuming than dealing with issues through the courts. Under Bill C-33 the Nunavut surface rights tribunal would be required to deal with applications as informally and expeditiously as possible.
If a dispute relates to damage to wildlife, the tribunal would have the authority to determine who was liable and the amount of compensation to be awarded to aboriginal harvesters. Under this proposed legislation an order of the tribunal would be final and binding subject to a review by the Federal Court of Canada on limited grounds, such as bias or lack of procedural fairness.
As I noted a moment ago, Bill C-33 also fills a significant void by clarifying who is responsible for damages to wildlife in Nunavut caused by marine transportation.
The bill names the ship source oil pollution fund, which is administered by the Department of Transport, as the fund that would be liable for damages from oil spills. When the damage caused by a ship is not related to an oil spill, the shipowner is named as the person with primary liability. The Minister of Indian Affairs and Northern Development would have secondary liability only when all other sources of liability had been exhausted.
There are a number of other elements of the proposed legislation that I would like to bring to the attention of hon. members. First, the powers and authority of the two Nunavut institutions will be extended to the entire territory rather than just Nunavut settlement lands.
It is critical that we have uniform regimes for water management and surface access rights throughout Nunavut. This will be more cost effective, consistent and easier to manage than a patchwork of regimes and will reinforce the certainty needed for economic growth and environmental protection.
Bill C-33 would also ensure accountability of the water board to elected officials for major decisions regarding water licences. Such decisions can have significant impacts on the environment, the economy and the quality of life in a community. It is absolutely essential that an appointed water board be accountable for these major decisions to officials elected by the public. This accountability to the minister also exists in the Northwest Territories Waters Act and its predecessor, the Northern Inland Waters Act.
Initially, the water board will be accountable to the Minister of Indian Affairs and Northern Development. In the government here and I am sure in the north, it is our hope and we anticipate that over time the water management function will be transferred to the new territorial government, along with the political accountability of the Nunavut water board. This will further strengthen local decision making and accountability in Nunavut.
Some hon. members may recall that this is not the first time this proposed legislation has been tabled in the House. It died on the order paper on two previous occasions. The same hon. members will also be aware that a tremendous amount of work has gone into developing Bill C-33 as we see it today.
In fact Bill C-33 contains more than 100 amendments to the government's first legislative proposals related to the Nunavut water board and the Nunavut surface rights tribunal. These amendments were developed by the government in co-operation with the stakeholders, particularly Nunavut Tunngavik Incorporated.
Since 1996, departmental officials have consulted widely on the Nunavut elements of the legislation. Although agreement was not possible on all issues, the bill reflects an excellent balancing of interests and is consistent with the Nunavut land claims agreement.
Bill C-33 is an important step toward providing the basic legislative framework that needs to be in place for any jurisdiction. It will establish clear rules that will not only protect our precious water resources, but also encourage economic development in a part of Canada where jobs are at a premium.
I am therefore seeking the support of all hon. members on both sides of the House to refer the bill to committee for review. I look forward to listening to members on all sides speak to a void that has been a long time coming to the House, and that is the legislation that we speak of today, Bill C-33.