Bob Nault

[Aboriginal Affairs, December 3rd, 2001]

Mr. Speaker, consultations have not concluded. We are now in the process of assessing the consultations and looking at what the draft legislation will look like. It is a little early for me to make a suggestion to him and to others as to exactly what the bill will look like.

I can give him the assurance that the objective of the exercise is to give first nation governments the kinds of tools that any modern government would need to be successful in building a first nation economy.

[Aboriginal Affairs, December 3rd, 2001]

Mr. Speaker, I think it is fair to say that my colleague is aware that consultations on governance is a three year process. The first phase was completed at the end of October. We are now starting the second phase.

I think people would agree with me that a three year process of consultation and putting forward legislation to improve an act that is outdated is a long time in anyone's parliamentary schedule. I think that would be agreeable to all members of the House.

[Yukon Act, November 5th, 2001]

moved that Bill C-39, an act to replace the Yukon Act in order to modernize it and to implement certain provisions of the Yukon Northern Affairs Program Devolution Transfer Agreement, and to repeal and make amendments to other acts, be read the second time and referred to a committee.

Mr. Speaker, this is a very important piece of legislation.There has been one constant since I assumed this portfolio and that is my commitment to change. I have been resolute in my determination to forge a new relationship with the people of Canada's north, a relationship that respects the proven capacity of northerners to manage their own affairs.

Mr. Speaker, as a northerner yourself, you would understand that those of us who are from the near north have always wanted more input. This very much follows the belief that northerners, given the opportunity, can create that new partnership that would see the northern territories evolve into self-managed and prosperous regions that would make strong contributions to the Canadian federation.

This partnership would recognize that governance, economic development and environmental stewardship in the north should reflect the priorities of the people who live there. A responsible partnership would carefully balance the interests of aboriginal and non-aboriginal residents of the region, promoting sustainable development and increasing the accountability of northern governments to their constituents. An inclusive partnership would empower northern people to exercise political independence, putting an end to the error where decisions about northern resources were determined by public servants in Ottawa.

I have the honour of being able to fulfill those promises and turn ideals into reality. It is with great pride that I rise before the House today to talk about the legislation that would demonstrate in a real way our commitment to putting Yukoners in control of decisions most important to the future of the territory.

I will be speaking briefly because I asked for unanimous consent of the House of Commons last week to allow my colleague from Yukon to deliver the majority of the speech. It is quite fitting that it should be a Yukoner, a northerner who was directly involved in making sure that the bill got to this place to complete the development of the kind of relationship I am talking about. Shortly I will be seeking unanimous consent to allow my colleague from Yukon to deliver his most important speech since he was elected to the House of Commons.

Bill C-39, the Yukon Act, would start the new century with a new way of governing the Yukon territory. We would deliver on our pledge to accelerate the devolution of provincial-like powers and responsibilities to the Yukon government by transferring the administration and controls of lands, water and resources.

We would bring the existing act, last overhauled in 1953, into the 21st century, formalizing in law what is current practice and reflecting the existence of representative and responsible government in Yukon. With unanimous consent of the House I would now like to hand things over to my hon. colleague from Yukon.

[Indian Affairs, November 1st, 2001]

Mr. Speaker, in the Speech from the Throne the Government of Canada put forward a governance initiative, building better governance tools for first nations people.

Over the last number of months since April we have consulted with over 400 first nations communities and their organizations. That consultation just concluded here at the end of October. We look forward to the next phase of consultation putting forward modern governance tools to bring an economy to first nations citizens.

[Yukon Act, October 31st, 2001]

moved for leave to introduce Bill C-39, an act to replace the Yukon Act in order to modernize it and to implement certain provisions of the Yukon Northern Affairs Program Devolution Transfer Agreement, and to repeal and make amendments to other acts.

(Motions deemed adopted, bill read the first time and printed)

[Yukon Northern Affairs Program Devolution Transfer Agreement, October 30th, 2001]

Mr. Speaker, I have the honour to table, in both official languages, the Yukon Northern Affairs Program Devolution Transfer Agreement.

[Claim Settlements (Alberta and Saskatchewan) Implementation Act, October 22nd, 2001]

moved that Bill C-37, an act to facilitate the implementation of those provisions of first nations claim settlements in the Provinces of Alberta and Saskatchewan that relate to the creation of reserves or the addition of land to existing reserves, and to make related amendments to the Manitoba Claim Settlements Implementation Act and the Saskatchewan Treaty Land Entitlement Act, be read the second time and referred to a committee.

Mr. Speaker, I rise to address the House on Bill C-37, the claim settlements (Alberta and Saskatchewan) implementation act. I welcome the opportunity to inform hon. members about the intent of Bill C-37 and explain how it fits into the government's broader aboriginal agenda.

Members will recall that the recent Speech from the Throne committed the government to strengthening Canada's relationship with aboriginal people, supporting aboriginal governance and bringing the benefits of prosperity to aboriginal communities. We are also implementing the pledges made in “Gathering Strength--Canada's Aboriginal Action Plan”, Canada's response to the report of the Royal Commission on Aboriginal Peoples.

Bill C-37 is another important step in these ongoing processes, one of many we will take in collaboration with aboriginal people and other stakeholders in the coming months and years.

The proposed legislation addresses a number of goals set out by the government including, most fundamentally, fulfilling our historical obligations to aboriginal peoples to live up to the promises that have been made not only by our government but by others before us going back 200 years or more.

Bill C-37 is about strengthening the capacity of first nations governments to make decisions about their lands and communities. It would give them additional tools to pursue economic development opportunities that would generate jobs and income for first nations people. In this way Bill C-37 would protect and enhance the rights of other parties and lead to partnerships between first nations communities and private sector interests throughout the provinces of Alberta and Saskatchewan.

Although the proposed legislation is somewhat technical in nature, its objective is simple: to facilitate the transfer of lands to reserve status in Alberta and Saskatchewan. Our goal is to improve existing processes which lead to uncertainty and missed opportunities for all parties and which can be unnecessarily time consuming and cumbersome.

Hon. members will be familiar with the rationale for the legislation from the debate respecting part 2 of the Manitoba Claim Settlements Implementation Act which was passed by the previous parliament. Bill C-37 would essentially extend the Manitoba process to the other two prairie provinces.

To put the issue into perspective, hon. members should be aware that the Government of Canada has numerous outstanding commitments to provide additional reserve lands to first nations in Alberta and Saskatchewan. These commitments have arisen out of two types of settlement agreements. Treaty land entitlement settlements are intended to address historical injustices involving more than 30 first nations in Alberta and Saskatchewan that did not receive all the land they were promised when they signed treaties.

Canada has also made commitments to expand reserve lands as part of 13 specific claim settlements in Alberta and Saskatchewan, most of which deal with alleged wrongs over the administration of first nations lands or assets under the Indian Act.

The government has been working to implement these settlement agreements for the past several years. We are making progress but it is clear to everyone involved that we need quicker and better ways to add lands to reserves. A million hectares, or 2.5 million acres, are yet to be added to reserves as a result of claim settlements in Alberta and Saskatchewan. More reserve expansion commitments are on the horizon as we continue to negotiate treaty land entitlements and specific claims in both provinces.

There are two principal reasons for the current backlog in reserve expansion commitments. First, in all provinces but Manitoba, thanks to the Manitoba Claim Settlements Implementation Act, creating reserve land under claim settlements requires an order from the governor in council. First nations have suggested that the process be streamlined. We agree with this objective.

More significant, however, is the need to accommodate existing third party interests when processing land selections. Canada's additions to reserve policy require that any such interests be either bought out with the agreement of the third party or somehow accommodated in a manner acceptable to Canada, the third party and the first nation. Only then could the land be transferred to Canada and granted reserve status.

Bill C-37 addresses both these issues as the Manitoba Claim Settlements Implication Act has done in Manitoba. First, Bill C-37 would empower the Minister of Indian Affairs and Northern Development rather than the governor in council to grant reserve status to lands selected by Alberta and Saskatchewan first nations under claim settlements. This would replace the current process of obtaining an order in council and would shorten the time needed to approve additions to reserves. This would in turn allow any economic benefits associated with the lands to be more immediately realized by first nations.

Second, and more important, Bill C-37 would streamline the way third party interests such as leases or mineral rights are dealt with in lands selected for additions to reserves under claim settlements.

The changes proposed in Bill C-37 would essentially allow first nations in Alberta and Saskatchewan to agree to continue an existing third party interest or negotiate a new one on such lands before the lands became part of a reserve or were purchased.

This is not possible under the Indian Act. Although the Saskatchewan Treaty Land Entitlement Act provides a pre-reserve interest granting power by way of what is called a designation, under that power first nations can only agree to continue existing interests. They cannot accommodate new development proposals that may arise while the land is being processed into reserve status. Moreover, this power can be used only in relation to treaty land entitlements and not to specific claims. It can be used only when the first nation has already purchased the land.

The pre-reserve designation power contained in Bill C-37 does not, I repeat, does not, have these limitations. The improved pre-reserve designation power could be used for all Alberta and Saskatchewan claim settlements and not just treaty land entitlements. It would give first nations access to a broader range of land that has development interests or potential. Because these lands could be selected and acquired more quickly, any third party interest associated with them would contribute more quickly to economic and social progress in the community.

These changes would obviously benefit first nations. However I would ask hon. members to consider the issue from the other side of the fence, so to speak. The new approaches set out in Bill C-37 would provide a higher level of commercial certainty for all concerned parties, not only first nations but private sector developers, land owners and people, companies or institutions that hold interests in land in Alberta and Saskatchewan.

Bill C-37 would enhance protection for third parties by bridging the gap between non-reserve and reserve status for lands, thereby avoiding potential interruption of access to or use of the lands. In other words, 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.

Bill C-37 would also provide the certainty, stability and predictability first nations and businesses needed to negotiate new commercial arrangements and economic development partnerships. This is clearly a win-win solution to the legal uncertainties and delays inherent in the current process for adding lands to reserves.

These new mechanisms to deal with third party interests and the ministerial authority to grant reserve status are the major thrust of the proposed legislation but I would like to bring a couple of additional points to the attention of the House.

The first point is that individual first nations will be able to elect whether or not to adopt the provisions of Bill C-37 in relation to their claim settlements. For existing settlement agreements, all that will be required is a simple resolution by the first nation council to opt into the new processes.

Settlements negotiated after the legislation comes into effect will need to state explicitly that the first nation wishes to adopt the provisions of Bill C-37.

As well, it is important to note that this opt-in provision will 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 is free to make a different election in each case. In this way maximum freedom of choice is afforded to individual first nations.

As I noted earlier, Bill C-37 is modelled on the recently enacted Manitoba Claim Settlement Implementation Act. During the process of developing the current legislation, we saw an opportunity to bring needed minor improvements to the language of the previous bill. Bill C-37 therefore proposes to amend the Manitoba Claim Settlement Implementation Act to make these language improvements so that the two bills remain consistent with each other.

The proposed amendments are minor in nature, either removing a grammatical ambiguity or bringing precision to the post-reserve administrative regime that would apply to third party interests.

These amendments have the support of the aboriginal association representing Manitoba first nations most effected, namely the treaty land entitlement committee of Manitoba which represents the 20 first nations that are party to the 1997 treaty land entitlement framework agreement for that province.

Similarly, Bill C-37 proposes related amendments to the Saskatchewan Treaty Land Entitlement Act of 1993. One amendment would ensure that any agreement, past or future, to release the province of Saskatchewan from its obligation to provide unoccupied crown land as part of a treaty land entitlement settlement is expressly confirmed by the Saskatchewan Treaty Land Entitlement Act.

As hon. members may know, this obligation dates to the natural resources transfer agreement negotiated between Canada and Saskatchewan in 1930. Saskatchewan was released from this obligation respecting certain first nations in 1992 under the terms of the Saskatchewan treaty land entitlement framework agreement and the Nekaneet treaty land entitlement agreement, and this release was recognized in the 1993 Saskatchewan Treaty Land Entitlement Act. We are simply extending this legislative confirmation to any similar releases, whether given before or after the coming into force of this act, which are concluded as a result of post-1993 treaty land entitlement settlements in Saskatchewan.

Bill C-37 would also amend the Saskatchewan Treaty Land Entitlement Act as it relates to the pre-reserve designation power I mentioned earlier.

As I have noted, Bill C-37 would provide a similar but improved mechanism for granting a third party interest in land before the land has been set apart as a reserve.

The proposed amendments to the Saskatchewan Treaty Land Entitlement Act would establish clear rules for determining which mechanism will apply depending on the first nations' opt-in decision I alluded to earlier.

I want to make it clear that Bill C-37 would not give effect to any claim settlement in Alberta or Saskatchewan. Nor does Bill C-37 create new institutions of government, new regulations or new financial obligations for Canada.

The goal here is simply to ensure that claims agreements, including those that may be negotiated in the future, can be implemented more quickly and efficiently.

There is nothing contentious about this proposed legislation. In fact it was developed in close consultation with the affected stakeholders.

The underlying principles for the bill were first discussed with first nations in Alberta in 1997 when Canada was negotiating treaty land entitlement agreements with the Alexander First Nation and the Loon River Cree First Nation.

It should be noted that Bill C-37 has since specifically been endorsed by both of these Alberta first nations whose treaty land entitlement settlements included commitments by Canada to recommend such legislation.

Given the level of support for the proposed approach in Alberta, our government seized the opportunity to make the same mechanisms available to first nations in Saskatchewan.

To that end, we initiated discussions with the Federation of Saskatchewan Indian Nations and the government of Saskatchewan in December 1999, and again we received a very positive response.

To broaden the consultation process, a draft of the proposed legislation was distributed in February 2000 to all Alberta and Saskatchewan first nations which currently have claim settlements with reserve expansion commitments to implement.

The governments of both provinces as well as Alberta treaty organizations and the Federation of Saskatchewan Indian Nations also received this draft. An updated version was sent out in April of this year to all these same stakeholders.

Some minor improvements have been made to Bill C-37 based on feedback received from these stakeholders. I am pleased to say that the proposed legislation now has the full support of all parties from the provincial governments of Alberta and Saskatchewan to first nations and their treaty organizations in both provinces.

As I noted earlier, the minor amendments to the Manitoba Claims Settlement Implementation Act are also supported by treaty land entitlement first nations in that province.

Between them, the Manitoba Claims Settlement Implementation Act and Bill C-37, will cover fully 97% of existing reserve expansion commitments under claim settlements across Canada.

We are proceeding with the legislation in Alberta and Saskatchewan for the same reason we went forward in Manitoba: we know a better process is needed and there is strong consensus among stakeholders in these two provinces that this approach is reasonable, responsible and effective.

Bill C-37 would benefit first nations in Alberta and Saskatchewan and would benefit third parties that hold interest in land selected for additions to reserves under claim settlements in these two provinces. It would also move Canada forward in fulfilling our outstanding commitments to aboriginal people.

It is the right solution for everyone and I trust we can count on the support of hon. members from all sides of the House in voting to send the legislation to committee for review.

[Claim Settlements (Alberta and Saskatchewan) Implementation Act, October 17th, 2001]

moved for leave to introduce Bill C-37, an act to facilitate the implementation of those provisions of first nations' claim settlements in the Provinces of Alberta and Saskatchewan that relate to the creation of reserves or the addition of land to existing reserves, and to make related amendments to the Manitoba Claim Settlements Implementation Act and the Saskatchewan Treaty Land Entitlement Act.

(Motions deemed adopted, bill read the first time and printed)

[Nunavut Waters and Nunavut Surface Rights Tribunal Act, September 26th, 2001]

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.

[Nunavut Waters and Nunavut Surface Rights Tribunal Act, September 20th, 2001]

moved for leave to introduce 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.

(Motions deemed adopted, bill read the first time and printed)