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February 28, 2003 CANADA House of Commons Debates VOLUME 138 Ï NUMBER 070 Ï 2nd SESSION Ï 37th PARLIAMENT OFFICIAL REPORT (HANSARD) Friday, February 28, 2003 Speaker: The Honourable Peter Milliken CONTENTS (Table of Contents appears at back of this issue.) All parliamentary publications are available on the ``Parliamentary Internet Parlementaire´´ at the following address: http://www.parl.gc.ca 4175 HOUSE OF COMMONS Friday, February 28, 2003 The House met at 10:00 a.m. effects of their projects in the Yukon. In order to promote responsible development activities, the assessment process must be uniform and predictable. The bill includes both these characteristics. Prayers If responsible development in the Yukon is to include proper protection of the environment, certainty and timeliness are equally essential to the assessment process and are reflected in Bill C-2. GOVERNMENT ORDERS [English] Ï (1005) I committed at this stage to outline some of the ideas, concerns [English] and suggestions that arose during the debate and the committee YUKON ENVIRONMENTAL AND SOCIO-ECONOMIC process on Bill C-2. ASSESSMENT ACT The Yukon organizations, Klondike Placer Miners' Association Hon. Don Boudria (for the Minister of Indian Affairs and and the Chamber of Mines, have a number of suggestions. They Northern Development) moved that Bill C-2, An Act to establish a want to ensure there is procedural fairness regarding a proponent's process for assessing the environmental and socio-economic effects ability to respond and to appeal. They want to ensure that the of certain activities in Yukon, be read the third time and passed. proponent receives all the information pertaining to the application and is able to respond during the assessment phase prior to a Mr. Larry Bagnell (Yukon, Lib.): Mr. Speaker, in 1995 the recommendation being made. Yukon first nations, the federal government and the Yukon They want to ensure that there is public input on the development government signed a great treaty. of regulations and on the development of the Yukon environmental Many people in Canada probably do not know that one of the and socio-economic assessment board rules. interesting results is it created the potential for 16 different governments in the Yukon at the federal, territorial and first nations In this legislation there are very many important things, some of level. which were fought for by these groups. The challenge was when it came to development assessment on a The regulations define what a project would be, for instance. project, a first nations business, or a corporation, or a mining There are some other coordination issues in the regulations. This is a company that had interests across several boundaries of these many very significant factor in how this is going to work and what is orders of government may have had to go through many different defined as a project. It is very important that the public have input in assessment processes, laws and regimes. There needed to be a one this area. It is the same with the rules. Rules that will be developed window process put in place. by the board have some very instrumental elements that some of the Yukon groups asked for, for instance, time lines. It is very important The last time I debated the bill I spoke about how the law was that there be good public input into these major aspects of the bill. created over a number of years, about how it would accomplish a one window approach and how some of the issues that came up The mining industry wants the bill to establish methods whereby during those many years of debate were dealt with in the proposal. the public will be consulted. Any legislation benefits from public [Translation] input. With all these orders of government managing various lands and The assessments must have clear time lines in order to ensure a resources, the Yukon could have found itself with 16 or more healthy economy. These processes should occur within the time different ways for assessing projects throughout the territory. lines. It provides certainty to those doing the development. For However, Bill C-2 will establish a single uniform process for placer miners, even more so these days, well defined limits that are assessing land projects in the Yukon. followed at every stage are a must for the stability of the industry. Therefore, potential proponents will have to follow only one set of A lot of these points are suggestions from the mining association. regulations for assessing the environmental and socio-economic They also reflect what the chambers of commerce are interested in. 4176 COMMONS DEBATES February 28, 2003 Government Orders They would like to appeal to an elected official if there is a dispute The bill is complex because there is another land claim in the with the board. They also suggested a scheduled review of the act northern part of the Yukon which involves the Yukon North Slope. because it is so important to ongoing protection of the environment The Wildlife Management Advisory Council of the Inuvialuit and development in the Yukon. expressed an interest that there not be duplication of the screening that comes under its processes related to its screening committee Once the act is in place, they do not want existing projects to be under that land claim, which would then overlap the assessment reviewed unless the proponent requests a review. To ensure certainty, process in the Yukon system. There could possibly be two different many of the miners told the committee that projects must only be results from the different assessment processes. reviewed if a proponent is requesting a change to that project. The ability to arbitrarily trigger a review is part of the legislation which has raised concerns in part of the mining community. The Association of Yukon Communities was also an intervenor. It represents 100% of the municipalities in the Yukon and over 80% of Assessments must also consider benefits to society. The purpose the people in the Yukon. of the act should ensure that development as a public good is considered during socio-economic assessment. The economic factor It noted in its submission that it had been involved with the public is where there needs to be recognition of the good and the prosperity consultation process from the beginning, since 1996. It met regularly that the development brings so that Yukon families can support and had input with groups, including the Council of Yukon First themselves and, through their taxes, fund the things that are Nations, Yukon Chamber of Mines, the Klondike Placer Miners' important to governments. Association, the Yukon Chamber of Commerce, the Canadian Parks They want to ensure that rules pertaining to designated offices will and Wilderness Society, the Yukon Conservation Society. be reviewed. Designated offices should not be allowed to make their own rules to ensure that the rules are not different in different The municipalities were concerned that because they were not districts and a proponent is not treated differently in different recognized as an order of government in the bill, they may not have a districts. There are going to be six offices throughout the Yukon. right to appeal on every issue that occurred within municipal boundaries. They also suggested that it be mandatory on panels There was some suggestion that the scope of the act was so limited occurring within the municipal boundaries to have representation on it could not catch some major projects that might have a negative the panel recommended by the municipalities. socio-economic impact on communities and first nations such as the designation of parks or protected areas. In their reading, they thought it was unclear where CEAA and Ï (1010) YESAA would cover a project and that there might be a dual Again, in the assessment of cumulative impacts, they want to assessment. The bill basically removes CEAA from the Yukon. make sure that the board is empowered not only to consider the Yukon will be one of only three parts of Canada that have their own adverse impacts but the positive impacts of those developments. assessment process. It will be designed by the local governments and They also are wary of the possibility that certain mineral people in the Yukon, for the Yukon. development could be imperiled where there are conflicts with the land use plans and this regime. Ï (1015) The Yukon Chamber of Commerce had similar concerns and It is exciting when people can work with the federal, first nations suggestions. and territorial governments. It is a process that is unique to the Many of the intervenors were quite positive toward a five year country and to Yukon. They then do not have to follow the national review of the act and input into the regulations and the rules, all of legislation that may not be as sensitive to local concerns. The which are so instrumental. In a pioneering piece of legislation that municipalities also thought that as other orders of government or will have so much impact on the community and on the territory, it is decision bodies were in line within their jurisdiction, they should important to incorporate these items. have the same provision in certain instances. Three first nations provided input, the Kwanlin Dun First Nation, These were some of the ideas and suggestions that were raised the Kaska First Nation and the White River First Nation. They want during the debate. We have been processing this proposition created to ensure that there is a five year review in place. They also want to by three governments in Yukon for Yukoners. Whatever emerges ensure that the first nations are involved in the development of the from this Parliament will be unique to Yukon and to Canada.
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