House of Commons Hansard #152 of the 41st Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was public.

Topics

The House resumed from November 5 consideration of the motion that Bill C-247, An Act to expand the mandate of Service Canada in respect of the death of a Canadian citizen or Canadian resident, as reported (with amendment) from the committee, be concurred in.

Main Point of Contact with the Government of Canada in case of Death ActPrivate Members' Business

11:05 a.m.

Conservative

The Speaker Conservative Andrew Scheer

There being no motions at report stage, the House will now proceed, without debate, to the putting of the question on the motion to concur in the bill at report stage.

Main Point of Contact with the Government of Canada in case of Death ActPrivate Members' Business

11:05 a.m.

Liberal

Main Point of Contact with the Government of Canada in case of Death ActPrivate Members' Business

11:05 a.m.

Conservative

The Speaker Conservative Andrew Scheer

When shall the bill be read the third time? By leave, now?

Main Point of Contact with the Government of Canada in case of Death ActPrivate Members' Business

11:05 a.m.

Some hon. members

Agreed.

Main Point of Contact with the Government of Canada in case of Death ActPrivate Members' Business

11:05 a.m.

Liberal

Frank Valeriote Liberal Guelph, ON

moved that the bill be read a third time and passed.

Mr. Speaker, I am pleased to rise and speak to my private member's bill, Bill C-247, An act to expand the mandate of Service Canada in respect of the death of a Canadian citizen or Canadian resident.

It has been an incredible and surreal experience to shepherd this bill through Parliament so far, and I am honoured by the support it has received on all sides of this House. Through this bill, we have demonstrated what parliamentarians can accomplish when working together with one another to provide for their constituents and all Canadians.

Few things are so daunting as the prospect of losing a loved one. Few things are so difficult as actually settling the affairs of someone after they have died. Over the course of my time as a lawyer and then as a member of Parliament, particularly while preparing and researching this bill, I have heard countless times of how unprepared people are for not only the grief of losing a friend or family member, but the administrative burden that goes along with the loss.

Marny Williams, vice-chair of Bereavement Ontario Network, put it especially eloquently in her testimony before the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities. She said:

At the age of 30, I found myself a widow and solo parent to two children aged three years and three months old. My world had been completely turned upside down and inside out. I was so devastated by the death of my husband, Keith, and the reality of supporting my children through their grief, that I didn't have the time or knowledge or desire to struggle through the multitude of paperwork that was required.

As parliamentarians, opposition and government alike, it is among our foremost responsibilities to Canadians to find ways to ease these burdens when the solutions are available to us. We can do that here.

As it stands, there is no single window that one can approach to notify the necessary officials about the death of a loved one. In the absence of a simpler streamlined process, a bereaved Canadian, husband, wife, child, or other estate representative, may have to contact many separate federal government departments and send death notifications to each.

Unfortunately, successfully notifying every necessary department or official can involve the repetition of submitting the same information to different people and is often confusing and tedious, and just as often emotionally draining and painful. More worrying, it may involve such an overwhelming amount of information that someone notifying the government of a death can miss a department, sometimes with detrimental results.

Service Canada lists that it must be contacted with the notification of “date of death” when an old age security or Canada pension plan recipient passes away, and for the application of potential survivor benefits. Similarly, if someone received employment insurance benefits prior to his or her death, there is a separate application to cancel those benefits, or to apply for additional benefits to which he or she may have been entitled. Had the deceased lived in Canada and in another country, their survivor could be eligible to apply for pension and benefits because of a social security agreement.

An estate's legal representative also makes a separate effort to contact the Canada Revenue Agency to provide a deceased person's date of death, in addition to preparing final tax returns and stopping payments on any tax credits. If the deceased person were receiving the Canada child tax benefit, universal child care benefit, or the working income tax benefit, those benefits must be stopped, and, if applicable, survivor benefits can be applied for.

That list is in no way exhaustive, but it serves to paint a picture of the myriad approaches to government that one must make after a loved one has passed away.

Jim Bishop, chair of the Funeral Service Association of Canada's government relations committee, related a story of a man who was handling the estate of his deceased father-in-law. After the funeral, he notified all of the departments he thought were necessary, but noticed nearly a year later that money was still going into his deceased father-in-law's account. He had not realized that he had to let Canada pension plan know, and so it was still paying out a pension. When he and Mr. Bishop spoke to Service Canada, they were given the impression that this happens often enough.

That sort of angst is not necessary. We can change it, and this bill would do that.

The bill calls on the Minister of Employment and Social Development to implement all measures necessary to make Employment and Social Development Canada, and more specifically Service Canada, the single point of contact for the Government of Canada programs, for all matters relating to the death of a Canadian citizen or resident.

While consulting with the minister and departmental officials after second reading, I learned that there would need to be some modifications to provide that this is for government programs that are authorized to use the social insurance number of the deceased. This was not provided for in the initial drafting of the bill. However, it became clear that it was essential in order to accurately match data, or, more plainly, to ensure that the person who died is the person receiving x benefit or y benefit.

A single window for death notification is not a new idea. In the United Kingdom, its government has already instituted the Tell Us Once registration process, and, in France, the online service portal “Mon Service Public” has been instituted for death notifications. It is estimated that beyond the more personal costs of eliminating considerable hardship and grief, the Tell Us Once process will save the government over $300 million over the decade.

Service Canada is ideally situated to perform this function for Canadians. Located within Employment and Social Development Canada, Service Canada already gives Canadians access to a range of federal government services and benefits. It was intended to streamline access to and provision of government programs and services for Canadians.

Bill C-247 is a practical expansion of Service Canada's mandate, and the logical choice for bereavement reporting. It is the first step in a wider strategy towards cost savings and reduction of red tape while improving client services.

The Auditor General found in chapter 2 of his fall 2013 report, “Access to Online Services”, that the integration of service delivery and the sharing of information among departments is “limited”. As we have seen through the various departments that require notification on the death of a Canadian, their family, friends, or agents often have to work with multiple departments separately, frequently requiring them to provide the same information multiple times to various sources.

The Auditor General also found at that time that instructions provided online by Service Canada about the process for certain life events were incomplete. Additionally, he noted:

[...] departments are focused on delivering the statutory programs and mandates for which they are accountable. There is no incentive for departments to share information.

When it comes to the death of the loved one, the AG similarly found that:

[...] someone must contact each department separately and follow different processes, as this information is not generally shared and departments do not offer the ability to do this online. This makes it difficult for users who may be trying to stop the payment of certain benefits to prevent overpayments [...] while trying to apply for others....

The hon. member for Kamloops—Thompson—Cariboo said it very well at committee. She said:

[The Red Tape Commission] certainly heard consistently that Tell Us Once wants interaction and how difficult and time-consuming it is for businesses to deal with government. I think we can all imagine what happens when someone who's grieving and the difficulty of finding out many months down the road that they have to pay the government back. That's extremely challenging. It's better to get that stopped in the first place.

The government, for its part, has identified this type of modernization as a priority as well. In this year's report on plans and priorities, the minister's message states:

ESDC will focus on achieving service excellence for Canadians by further modernizing service delivery, focusing on its core business priorities and increasing the use of technology. Through Service Canada, the government will ensure that Canadians quickly receive the benefits to which they are entitled and access to a wide range of programs and services.

It continues later, stating:

Service Canada will continue to work with other departments so that Canadians can better access more Government of Canada services through Service Canada.

What better way to start that process than by facilitating the client experience of Canadians at an incredibly difficult time in their lives?

When I look back on my time in Parliament, one day this bill and the collaboration and good will demonstrated by members from each party will stand out. It is an incredible feeling to know that my private member's bill might pass in the House of Commons.

At second reading, I remarked that members could sit in the House for quite some time without the opportunity to introduce a private member's bill, let alone see it debated, finessed and passed. It is all the more meaningful to me as I will not seek re-election when this Parliament comes to an end. This experience will stand out for me, and I am so very proud of what we have all accomplished with the passage of this bill.

A number of people were essential to the progress of the bill behind the scenes. I wish to thank the Funeral Service Association of Canada, the Bereavement Ontario Network and Hospice Palliative Care Ontario, for their early support, as well as for their testimony on behalf of the bill before the committee.

I wish to thank the Minister of State for Social Development, her staff and the departmental staff that provided invaluable advice and worked diligently to provide the amendments necessary to the bill's success.

I wish to thank Bryon Wilfert for initially proposing this measure, Wendy Leask for her advice on the subject matter, and Elizabeth Cheesbrough for her invaluable assistance.

Finally, I am sincerely thankful for every member from every party who spoke in support of the bill. They have demonstrated to Canadians what a Parliament working in their best interests looks like.

Main Point of Contact with the Government of Canada in case of Death ActPrivate Members' Business

11:15 a.m.

NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, it is my pleasure today to rise in support of Bill C-247, An Act to expand the mandate of Service Canada in respect of the death of a Canadian citizen or Canadian resident.

We usually do not think about these kinds of things until we experience it or someone else tells us a story. However, it comes as rather a shock to me that when someone passes away, the bereaving person in charge of the estate is left to contact so many different agencies. It really good to have legislation that will make life less onerous and less emotional in having to deal with so many government agencies. The bill would allow a number of services to be accessed through one phone call to Service Canada upon losing a loved one, and that is a good thing.

I have one concern about the bill, and that is that it is still rather vague. It specifies some of the services, but it does not specify all of them. There is a caveat at the end stating, “and all other services”. Like other Canadians, I would have been much happier if there had been more specificity around that so everybody could tell they had done absolutely everything they needed to do and contacted every government department when they made that one phone call. However, that is not in the bill. Nevertheless, the bill would make life less cumbersome and a lot easier.

All of these services would, as we know, be centred in Service Canada, so there would one-stop shopping, as somebody called this, though not quite because we are not sure of some of the other services. We always get carried away with modern technology. We think we only have one department to contact through email, but not everybody is technologically literate. There are technology challenges faced by many, especially seniors, in trying to resolve outstanding departmental issues on behalf of a deceased loved one. Therefore, we have to ensure the services we provide are accessible in a variety of manners: by phone, Internet, mail and in person at Canada depots. That is where the rub is, which is very disappointing.

The bill is good and the New Democrats are glad this is happening, but we have seen an incredible number of cuts to Service Canada. Under the Liberal government, $10.4 billion were cut over a two-year period, which reduced public sector employees by 45,000. A lot of that directly impacted ESDC. The Conservative government's cuts to front-line services are also harming Canadians. By 2015-16, the Conservatives will have cut $243 million from services focused on Canadians at ESDC.

While the New Democrats are pleased it would be one-stop shopping, I am still worried about the amount of time people will have to wait if they phone in or the response times once people submit their information in writing. Also, when we deal with people who have lost loved ones, they are very emotional. I hope the front-line service providers will get some additional training on how to deal with people who experience that kind of personal loss.

When my father passed away, I know how difficult it was. I thought I knew my way around the system, but it was still very frustrating at times, at times it angered me, and then when I would get letters, it was even more annoying. Members of Parliament all know how it feels when they send mail to someone and get a note back saying the person passed away a year ago. In many ways, it is time that we centralize our services so people do not have to go through that pain.

I also talked to a constituent of mine who had been left with the burden of paying back an amount of money that had been paid into her and her husband's joint account after he passed away. She did not even know the money was being paid. She had not kept a close eye on that account until she received a letter from the government demanding the repayment of a very large sum. She felt she had taken all the steps and had done all the right things.

This is good legislation. It will make life easier. As I said earlier, it does not list everything, but it is a step in the right direction. I believe this will make it a lot easier for those who are dealing with the loss of a loved one.

Main Point of Contact with the Government of Canada in case of Death ActPrivate Members' Business

11:20 a.m.

Conservative

The Acting Speaker Conservative Barry Devolin

Is the House ready for the question?

Main Point of Contact with the Government of Canada in case of Death ActPrivate Members' Business

11:20 a.m.

Some hon. members

Question.

Main Point of Contact with the Government of Canada in case of Death ActPrivate Members' Business

11:20 a.m.

Conservative

The Acting Speaker Conservative Barry Devolin

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Main Point of Contact with the Government of Canada in case of Death ActPrivate Members' Business

11:20 a.m.

Some hon. members

Agreed.

No.

Main Point of Contact with the Government of Canada in case of Death ActPrivate Members' Business

11:20 a.m.

Conservative

The Acting Speaker Conservative Barry Devolin

All those in favour of the motion will please say yea.

Main Point of Contact with the Government of Canada in case of Death ActPrivate Members' Business

11:20 a.m.

Some hon. members

Yea.

Main Point of Contact with the Government of Canada in case of Death ActPrivate Members' Business

11:20 a.m.

Conservative

The Acting Speaker Conservative Barry Devolin

All those opposed will please say nay.

Main Point of Contact with the Government of Canada in case of Death ActPrivate Members' Business

11:20 a.m.

Some hon. members

Nay.

Main Point of Contact with the Government of Canada in case of Death ActPrivate Members' Business

11:20 a.m.

Conservative

The Acting Speaker Conservative Barry Devolin

In my opinion the yeas have it.

And five or more members having risen:

Pursuant to Standing Order 98 a recorded division stands deferred until Wednesday, December 3, immediately before the time provided for private members' business.

Suspension of SittingMain Point of Contact with the Government of Canada in case of Death ActPrivate Members' Business

11:20 a.m.

Conservative

The Acting Speaker Conservative Barry Devolin

This House is now suspended until 12 o'clock.

(The sitting of the House was suspended at 11:23 a.m.)

(The House resumed at 12 p.m.)

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

Noon

Madawaska—Restigouche New Brunswick

Conservative

Bernard Valcourt ConservativeMinister of Aboriginal Affairs and Northern Development

moved that Bill S-6, An Act to amend the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Nunavut Surface Rights Tribunal Act, be read the second time and referred to a committee.

Mr. Speaker, since 2006, our government has been pursuing the most ambitious northern agenda in the history of this country.

This government has promoted prosperity and development through Bill C-47, the Northern Jobs and Growth Act. It transferred powers to the Government of the Northwest Territories through Bill C-15, the Northwest Territories Devolution Act. Then it had the vision of the Canadian high Arctic research station, which it implemented.

I repeat: no other government in Canadian history has done more than ours to increase health, prosperity, and economic development in the north.

The initiative before the House today, the Yukon and Nunavut Regulatory Improvement Act, or Bill S-6, represents yet another key deliverable of our government’s northern strategy and is the final legislative step in our government’s action plan to improve northern regulatory regimes.

In total, our government has created or amended eight different pieces of legislation in order to ensure that northern regulatory regimes—across the north—are nimble and responsive to the increased economic activity taking place across the north. This is no small feat.

These legislative changes will allow Canada’s north to compete for investment in an increasingly global marketplace, which in turn will lead to jobs, growth and long-term prosperity for northerners.

Let me first speak to the proposed changes to the Yukon Environmental and Socio-economic Assessment Act, or, as we refer to it, YESAA for short.

This legislation first came into effect in 2003 and sets out the environmental and socio-economic assessment process for all projects, including everything from small-scale community infrastructure projects to large-scale mining projects in the territory in question.

The need for improvements to the existing legislation first arose during the five-year review of YESAA, which was required under the Yukon Umbrella Final Agreement. The review began in April 2008 and included the participation of all parties to the agreement: Canada, the Yukon government, and the Council of Yukon First Nations.

Speaking of the Council of Yukon First Nations, I had the pleasure earlier this morning of meeting with the chiefs or councillors of a number of Yukon first nations about Bill S-6. I want to acknowledge their important contributions to the development of the bill and look forward to their continued engagement as the bill moves through the parliamentary process.

The review I referred to earlier was extensive and examined all aspects of the Yukon development assessment process from YESAA and its regulations to the implementation, assessment, and decision-making process, as well as process documents such as rules, guides, and forms, et cetera, and was completed in March 2012.

At the end of the review, the parties jointly agreed to 72 out of 76 recommendations, many of which could be addressed through administrative changes. A few, however, required legislative amendments, including board term extensions; the non-application of CEAA, the Canadian Environmental Assessment Act; the requirement to take into account cumulative effects when conducting an environmental assessment; the need to take into consideration activities that are “reasonably foreseeable”; the ability to include the activities of third party resource users in the scope of a project when the government is a proponent of forest resource management planning and allocation initiatives.

In December 2012, after the completion of the five-year review and the passage of amendments to the Canadian Environmental Assessment Act, and following our government's announcement of the action plan to improve northern regulatory regimes in Nunavut and the Northwest Territories, the Yukon government wrote to my predecessor to request additional amendments to YESAA to ensure consistency across regimes. That was to include beginning-to-end timelines, ability to give policy directions to the board, cost-recovery regulations, and the delegation of authority.

While these amendments were not discussed as part of the five-year review, my department did consult with Yukon first nations on them throughout 2013 and 2014.

The first draft of these legislative amendments was shared with all parties to the umbrella framework agreement, the Yukon first nations and the Yukon Environmental and Socio-economic Assessment Board for review and comment in May 2013.

Formal consultation sessions followed, which provided the opportunity for the parties to learn more about the proposed amendments, voice their concerns and make recommendations on how to improve the proposals. The feedback we received informed a subsequent draft of the legislation, which was shared with the parties in February 2014.

At each stage, proposals or drafts of the bill were circulated to first nations, the Government of Yukon and the Yukon Environmental and Socio-economic Assessment Board for review. The department carefully considered all comments and, where appropriate, incorporated them into the next draft. This process resulted in further improvements to the bill before it was introduced in Parliament last June.

As members can see, consultation on this bill has been extensive, and while we know that everyone did not agree 100% with each amendment, this does not mean that consultation was inadequate. It is our view that we met our duty to consult and we accommodated where appropriate. Even the Hon. Grant Mitchell, a Liberal senator and the opposition critic of the bill in the Senate, acknowledged this challenge but noted that comprehensive consultation had taken place when he spoke to the bill at third reading in the Senate. The hon. senator said:

There has been, I think, quite adequate consultation. It's complicated up there in these territories. You have federal, territorial and Aboriginal interests.

So it is very complex, and the fundamental core of this bill gets to that and is an effort to make all of that better and to make processes in the North better.

Let me remind my fellow colleagues in this House that this does not mean that the opportunity for providing input has ended. Indeed, as is the case for all other bills introduced in Parliament, the parliamentary review process provides opportunities to engage with parliamentarians on their views on legislation. The Senate Standing Committee on Energy, the Environment and Natural Resources has just completed a thorough review of the legislation wherein the committee heard from numerous witnesses from Yukon and Nunavut, including representatives of the first nations and Inuit peoples. At the end of its review, the committee members endorsed the bill unanimously.

Engagement on this bill has continued right up until today. As I have already mentioned, I met this morning with members of the Council of Yukon First Nations to further discuss their views on the bill and I encouraged them to participate in the parliamentary review process so that they could not only make their views known, but, if possible, correct the bill if it violates, as alleged, the Umbrella Final Agreement.

I also wish to acknowledge the member of Parliament for Yukon and the senator for Yukon, who have been very active on the ground. They have met with numerous stakeholders on this bill and will continue to advocate for the best interests of all Yukoners in their respective chambers.

Further, and contrary to some of the myths that have been put forward, I want to be very clear that all of the legislative proposals contained in Bill S-6 are consistent with the Yukon umbrella agreement and continue to uphold aboriginal and treaty rights.

In fact, some of the proposed amendments would actually strengthen first nation roles in YESAA . For example, under clause 29, which sets out proposed section 88.1 of the proposed amendments, when a project reaches the permit or licensing stage, first nations would be able to add to that permit or license “terms and conditions that are in addition to, or more stringent than” the terms and conditions set out in the project's environmental assessment.

I also want to take a moment to address some of the specific amendments that have been subject to significant debate in Yukon and that the Council of Yukon First Nations discussed this morning when we met.

The introduction of beginning-to-end limits for environmental assessments would align the Yukon regime with the time limits in similar acts within the north as well as south of 60 and would provide predictably and consistency to first nations, municipalities, and industry alike.

Some have argued that the time limits would affect the thoroughness of the assessment process. However, when we look at the facts, we see that the Yukon Environmental and Socio-economic Assessment Board's own statistics show that the proposed time limits are either consistent with or more favourable than the board's current practice. In addition, the amendments include provisions that would allow for extensions, recognizing that there may be situations in which more time would be warranted to carry out a function or power.

The proposed amendment to section 49.1 would ensure that going forward, reassessments would only be required in the event that the project has been significantly changed. In the past, projects that had already been approved and permitted could be subject to a new environmental assessment simply because a renewal or a minor change in the project had occurred. This amendment would help streamline this process and reduce unnecessary red tape where it was not warranted. The amendment also makes it clear that if there is more than one decision body—which can be a federal, territorial, or first nations government or agency—that regulates and permits the proposed activity, they must consult with one another before determining whether a new assessment is required.

Further, the legislation specifies that in the event of a disagreement, even if only one decision body determines that a significant change has occurred, it must be subject to a reassessment. That is an important point because of what we hear and read in the media. This is also consistent with the Umbrella Final Agreement. The Umbrella Final Agreement states, at section 12.4.1.1, at page 107, if I recall, that projects and significant changes to existing projects are subject to the development assessment process. Therefore, the idea of significant changes is embodied in the Umbrella Final Agreement.

Another proposed change is the ability of the Minister of Aboriginal Affairs and Northern Development to provide policy direction to the Yukon Environmental and Socio-economic Assessment Board. The ability to provide policy direction is not a heavy-handed attempt by the government to interfere in the assessment process, nor does it undermine the neutrality of the board. To the contrary, it is intended to ensure a common understanding between the government and the board, helping to reduce uncertainty in environmental assessment decision-making and helping to ensure the proper implementation of the board's powers in fulfilling its role in the assessment process. This is not new. There are also precedents for this power in other jurisdictions. For example, it has existed in the Northwest Territories since 1999, and with the passing of Bill C-15, it was expanded to include all the boards in the Northwest Territories.

As we say back home, the proof is in the pudding. This power has only been used four times in the Northwest Territories. In each case, it was used to clearly communicate expectations on how to address first nations' rights or agreements. For example, it was used to ensure that notification was provided to both the Manitoba and Saskatchewan Deline regarding licences and permits in a given region.

I want to assure the House that this power in no way detracts from the board's independence. YESAB will remain an impartial and independent arm's-length entity responsible for making recommendations to decision-making bodies.

The legislative amendment also makes it clear that policy direction cannot be used to influence a specific project or to change the environmental assessment process itself. Another contentious amendment, which is contentious because it is opposed by some first nations in Yukon, is my ability to delegate certain powers in the act to a territorial minister. To the contrary, that again is not at all inconsistent with the Umbrella Final Agreement.

I want to also address the Nunavut changes. The objective is to make the regulatory system in Nunavut consistent with what is taking place south of 60 and in full compliance with the land claim agreement that governs our relationship with northerners in Nunavut.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

12:20 p.m.

NDP

Dennis Bevington NDP Northwest Territories, NT

Mr. Speaker, I want to thank the minister for his presentation today on this bill, a bill that really has two parts. One part went through an extensive consultation period. The record of that consultation over five years and the resulting recommendations are not really in the public to the degree they should be.

The second part, as the minister has outlined, for the Yukon side of the bill, had a number of amendments put forward. The minister indicated that there was consultation on these particular amendments, which are the controversial parts of this bill for Yukoners, to a great degree.

What the Yukon first nations are saying is that on February 26, 2014, Canada arrived at a meeting and provided only paper copies of these amendments to the people at the meeting. The first nations who were on the phone could not have electronic copies. To look at this and say that there was consultation on these very vital parts of the bill is not correct.

Could the minister show how this is adequate consultation on these major changes to the bill?

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

12:20 p.m.

Conservative

Bernard Valcourt Conservative Madawaska—Restigouche, NB

Mr. Speaker, some people have a strange interpretation of what consultation means.

In this case, in December 2011, after the five-year review process, where we agreed to 72 out of 76 recommendations, the government announced its responsible resource development in the north initiative. We held a video conference on it. Then we had a teleconference in April 2013 with the Council of Yukon First Nations on the way forward for amending YESAA.

In May 2013, we had a mail-out to the Council of Yukon First Nations and the Government of Yukon on a first draft legislative proposal, with a request for written comments. In June 2013, there was a mail-out to industry of a first draft legislative proposal with, again, a request for comments.

The consultation process was so long that I am being stopped and do not have time to lay it all out. There has been ample consultation, as attested to by a Liberal senator in the Senate.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

12:20 p.m.

Liberal

Yvonne Jones Liberal Labrador, NL

Mr. Speaker, my question is for the minister.

Once again, it seems that the government has succeeded in being offside of what first nations groups in the country are asking for when it comes to enacting legislation for partnership in moving forward with development projects.

The minister talks about consulting, but when you consult, you normally listen. When you listen, you normally put forward a partnership to arrive at legislation and policy that works for all involved. What we are seeing here this morning is that there is consultation on some parts of the bill that is before us, and on some other parts there is not consultation.

The minister talked about meeting with first nations groups this morning. Did they tell the minister what they have been telling all of us, which is that if this bill passes, they will have no other choice but to take legal action against the government?

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

12:20 p.m.

Conservative

The Acting Speaker Conservative Barry Devolin

I would again remind all hon. members to direct their comments to the chair rather than directly to their colleagues.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

12:20 p.m.

Conservative

Bernard Valcourt Conservative Madawaska—Restigouche, NB

Mr. Speaker, I listened to the hon. member's question and her words at the end.

That is the genius of this great country of ours. Yes, indeed, I met this morning with the Council of Yukon First Nations. I explained the bill and those four provisions they opposed. I am still waiting for anyone to show me where these violate the Umbrella Final Agreement. To the contrary, those amendments were all completed in the Umbrella Final Agreement.

The member is talking about the consultation process. If there is agreement by those who were consulted, like there was for the 72 out of 76 they agreed to, it is fine, because they were accepted. That is consultation. That is what the member just said. However, if one does not agree, although we have listened and explained, then it is not consultation. That is the genius of Canada. If the first nations claim that we have failed in our duty to consult, the court will determine the issue, and they are welcome to use the courts.

I know, and I can show clearly, that first nations in the Yukon were comprehensively and substantially consulted on all of the four amendments they oppose.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

12:25 p.m.

Conservative

Ryan Leef Conservative Yukon, YT

Mr. Speaker, we heard from a number of groups at the Senate committee that supported this legislation. There is some great news, from their perspective, about what these changes to YESAA would do. However, I would like to touch on the concerns of Yukon first nations.

There are four points, but I would like to focus on one of the concerns we have heard. The Yukon first nations are concerned that some of the legislation would supersede the provisions of the Umbrella Final Agreement. I wonder if the hon. minister can provide assurances to the House, Canadians, Yukon first nations, and indeed, everyone in the Yukon who has an investment in the Umbrella Final Agreement, first nations treaties, and the Yukon Environmental and Socio-economic Assessment Act that the legislation we are putting forward will respect the Umbrella Final Agreement. If he could point to any of the sections to demonstrate that to Yukoners and Yukon first nations, it would be greatly appreciated.