FAQ: Bill S-6 — Yukon and Nunavut Regulatory Improvement Act

The Action Plan to Improve Northern Regulatory Regimes builds on the Government of Canada's efforts to create a strong and prosperous North that realizes its resource potential while safeguarding the environmental health and heritage of the region. It is a key step forward in implementing the Northern Strategy.

Canada's Northern Strategy outlines an overarching vision for the North which focuses on four priority areas; strengthening Canada's sovereignty; protecting our environmental heritage; promoting economic and social development; and improving and devolving governance.

Bill S-6 completes the legislative portion of Canada's Action Plan to Improve Northern Regulatory Regimes. The proposed amendments in Bill S-6 are based on the following principles:

• more predictable and timely reviews;
• reduced duplication for project reviews;
• strengthened environmental protection; and
• achieving meaningful Aboriginal consultation.

These improvements will result in further unlocking the economic potential of the North while ensuring sound environmental stewardship and help the territories remain an attractive place in which to live, work and invest.

For a status update on the Action Plan to Improve Northern Regulatory Regimes see Question 7.

The bill responds to calls from territorial governments, Aboriginal groups and industry to improve regulatory processes across the North.

The proposed amendments to the Yukon Environmental and Socio-economic Assessment Act would contribute to the efficient and predictable environmental assessment process in Yukon through the introduction of legislated time limits and clarity around project assessments. This would promote investor confidence, foster economic opportunities and growth while promoting sound environmental stewardship.

The proposed amendments to the Nunavut Waters and Nunavut Surface Rights Tribunal Act would streamline water licensing processes and ensure timely and predictable water licence reviews. In addition, tools for enforcement of the Act would be expanded, enhancing environmental stewardship. Finally, the amendments would require the Nunavut Water Board to consider security agreements between Canada, Inuit and proponents, thereby promoting investor confidence.

The proposed Act includes amendments to the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Nunavut Surface Rights Tribunal Act. Taken together, these proposed amendments would address the final legislative elements required under the Action Plan to Improve Northern Regulatory Regimes.

Consolidating the amendments in the proposed Act brings together common themes and allows for simultaneous consideration of related elements. Doing so also takes advantage of a limited opportunity for parliamentary consideration.

All amendments proposed to the Yukon Environmental and Socio-economic Assessment Act would come into force upon Royal Assent.

In the Nunavut Waters and Nunavut Surface Rights Tribunal Act, only the provisions relating to administrative monetary penalties, security arrangements and fines would come into force upon Royal Assent. Amendments relating to timelines, life of project water licences and cost recovery would come into effect 12 months after Royal Assent or on an earlier day set by order of the Governor-in-Council. This would give the Nunavut Water Board time to prepare for the changes.

Project proposals submitted before the amendments come into force would be governed by the Act as it read before the amendments were made. Any proposals submitted after would be governed by the amended Acts.

The time limit provisions however, would apply to all project proposals, with the clock starting on the date of Royal Assent.

The implementation of some of the regulatory improvements would require the development of regulations. The Government of Canada is committed to working with our Aboriginal and government partners in Yukon and Nunavut, as well as industry in the development of regulations that are fair, reasonable, and achieve the intended legislative effect.

Key accomplishments and investments since 2006 on the Action Plan have included:

• In 2007, the Government of Canada invested $6.6 million over five years to address the immediate operational needs in the Northwest Territories to ensure timely review of project proposals.
• Appointment of Neil McCrank in 2007 to review and make recommendations on improving northern regulatory regimes. His report was issued in 2008.
• Launch of the Action Plan to Improve Northern Regulatory Regimes in May 2010, which included: legislative and regulatory changes; investments in the Cumulative Impact Monitoring Program and the Nunavut General Monitoring Plan; and the appointment of John Pollard to negotiate restructuring of the land and water boards in the Mackenzie Valley in the Northwest Territories.
• In support of the Action Plan to Improve Northern Regulatory Regimes, Budget 2010 committed $11 million to streamline the regulatory regimes in the North and $8 million to support community-based environmental monitoring.
• On June 19, 2013, the Northern Jobs and Growth Act received Royal Assent. This Act created the Nunavut Planning and Project Assessment Act and the Northwest Territories Surface Rights Board Act, as well as amended the Yukon Surface Rights Tribunal Act.
• In Fall 2013, Canada established multi-party working groups in Yukon and Nunavut to finalize the Action Plan in each territory through amendments to the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Surface Rights Tribunal Act, respectively.
• On March 25, 2014, Bill C-15, the Northwest Territories Devolution Act received Royal Assent. Bill C-15 included amendments to the Northwest Territories Waters Act, the Territorial Lands Act and the Mackenzie Valley Resource Management Act, as well as amendments to the Northwest Territories Act and other minor amendments required to implement Northwest Territories devolution. Implementation of Bill C-15 changes is underway.