Mr. Speaker, it is an honour to speak to this legislation. After years of review and consultation with first nations and other northerners, with the legislation proposed in Bill S-6 we can now move forward with improvements to northern regulatory regimes. These improvements will yield long-term benefits for individuals and businesses in Yukon and Nunavut.
I am a strong believer that northerners should benefit from the tremendous natural resources found in their region. Bill S-6 contains critical amendments to northern regulatory regimes that would ensure that northerners benefit from their resources. These amendments would bring both Yukon and Nunavut's regulatory systems in line with that of the Northwest Territories and the rest of Canada. This would ensure that the territories remained a competitive and attractive place to work, live, and invest for generations to come and that northern families had opportunities to grow and prosper.
I want to focus on several changes in Bill S-6 that would modernize the Yukon Environmental and Socio-economic Assessment Act, called YESAA for short, which would enable us to make progress on both fronts.
The goal of the proposed legislation is to consider the potential effects that proposed development could have on Yukon's environment, people, communities, and economy.
The Honourable Darrell Pasloski, Premier of Yukon, said:
...it is becoming increasingly clear that changes to this legislation before you today are essential in order for Yukon to remain a competitive place to do business.
This work is overseen by the Yukon Environmental and Socio-economic Assessment Board, whose mission is to protect the environmental and social integrity of Yukon while fostering responsible development in the territory, responsible development that reflects the values of Yukoners and respects the contributions of first nations.
I would like to focus my remarks today on one portion of the bill. It is the provision that would allow the Minister of Aboriginal Affairs and Northern Development to issue policy direction to the YESAA board.
The proposed legislation would enable the minister, following consultation with the board, to provide binding policy direction with respect to the exercise or performance of its powers, duties, or functions. This has raised concerns in some quarters that it would give the federal government authority to impose its own policies on projects on first nation settlement land. I can assure members that this is not the intention of the amendment nor the way it has been used in practice. In reality, policy directions have been used to add clarity and to ensure that all parties are on the same page with respect to existing laws.
The reason the change is being proposed is to ensure a common understanding between the Government of Canada and the board. For example, the minister could use policy direction to communicate expectations regarding the use of new technologies to mitigate environmental impacts or expectations regarding roles and responsibilities related to aboriginal consultation. This clarification would reduce uncertainty and delays in environmental assessment decision-making.
In recognition of the board's independence, there would be strict limits on the minister's ability to provide policy direction. To be precise, policy direction would have to be consistent with YESAA and with the Umbrella Final Agreement. In fact, YESAA states that first nations' final agreements will prevail in the event of an inconsistency or conflict. Furthermore, policy direction could not interfere with active or completed reviews, again because the board operates at arm's length from government.
To be clear, policy direction could not change the environmental assessment process itself. In fact, Bill S-6 explicitly states that policy directions do not apply to project proposals that have already been submitted to the board.
It is also important to note that the ability to issue policy direction is not without precedent. In fact, the Minister of Aboriginal Affairs and Northern Development already holds the ability to issue policy direction to the Mackenzie Valley Land and Water Board in the Northwest Territories. With respect to this board, policy direction has only ever been used four times, and each time it was to ensure that the board respected and upheld interim agreements the Government of Canada held with aboriginal groups.
In short, policy direction has only been used to provide additional protection for aboriginals.
Clearly, this is an important amendment to Bill S-6. The ability to ensure a common understanding by the government and the YESAA board, particularly with respect to aboriginal rights, is essential. Unfortunately, the opposition would remove this power from the bill.
This government understands the importance of protecting aboriginal rights, which is why I strongly oppose Motion No. 10, and I would encourage the rest of the House to join me in rejecting it.
A second, related feature of this proposed legislation I want to comment on is the delegation of federal powers to the Government of Yukon. The Umbrella Final Agreement defines government as:
Canada or the Yukon, or both, depending upon which government or governments have responsibility, from time to time, for the matter in question.
The delegation of federal powers to the Government of Yukon is consistent with the final agreements and with the governance regime in Yukon post-devolution. In fact, section 2.11.8 of the Yukon Umbrella Final Agreement states:
Government may determine, from time to time, how and by whom any power or authority of Government or a Minister set out in a Settlement Agreement...shall be exercised.
Moreover, the principle behind this delegation, that decisions about northern governance are best made in the north, is consistent with our government's northern strategy. In fact, just last year, our government brought into force Bill C-15, which devolved all responsibility for lands and resources out of Ottawa and back to the territorial governments.
This, in short, is why I believe that the ability to delegate authority to the Government of Yukon is an integral component of Bill S-6 and why I am so disappointed to see the Green Party oppose this clause. I strongly oppose the passage of that motion, and I hope that all members of the House join me in voting against it.
The opposition actually supported that initiative when it was before the House, but now they are opposing the very same principle when implemented in the Yukon.
I remind my hon. colleagues that the amendments to YESAA proposed in Bill S-6 address agreed upon recommendations from the five-year review or have been directly requested by the Government of Yukon so that the act can better serve all residents of Yukon, aboriginal and non-aboriginal alike. As well, the proposed amendments incorporate suggestions made during the various rounds of review and consultation.
I also want to underline that all parties have improved the legislation before us during the years of consultation and I want to reinforce that the legislation in no way compromises the integrity of YESAA or conflicts with the provisions or nature of the Umbrella Final Agreement.
For these reasons, government members are confident that Bill S-6, including the carefully constructed amendments to introduce policy direction and delegation in YESAA, fully considers the needs and interests of all northerners.
I strongly believe that the ability of the Minister of Aboriginal Affairs and Northern Development to issue policy direction to YESAB and to delegate authority to the Government of Yukon is an essential portion of this bill. Unfortunately, the opposition would like to see both clauses removed. I am asking all hon. colleagues to join me in defeating the motions and moving Bill S-6 forward as it stands.