Good afternoon, and welcome to Yukon. My name is Lewis Rifkind and I'm the mining analyst for the Yukon Conservation Society.
I would like to acknowledge that we are on the traditional territory of the Kwanlin Dun and Ta'an Kwach'an first nations.
The Yukon Conservation Society, or YCS, is a grassroots environmental non-profit organization, established in 1968. Our mandate is to pursue ecosystem well-being throughout Yukon and beyond, recognizing that human well-being is ultimately dependent upon fully functioning and healthy ecosystems. We have about 250 members and are currently active participants in land-use planning issues, energy consultations, outreach and environmental education, Yukon Water Board hearings, and Yukon Environmental and Socio-economic Assessment Act applications.
We regularly participate in the YESAA process. There isn't a month that goes by that YCS does not submit comments on a wide variety of projects. I checked over past records, and during 2014, I submitted to YESAA on behalf of YCS comments on 18 unique projects, and I’m but one of four employees at YCS who submit comments. We like to think our comments are helpful and informative to the YESAB staff so that the recommendations they prepare on projects ensure that impacts to the environment are minimized.
As you have probably heard before, we are concerned about four changes being proposed in Bill S-6. Our concerns are as follows. Clause 14 of Bill S-6 proposes adding the following after subsection 49(1):
49.1 (1) A new assessment of a project or existing project is not required when an authorization is renewed or amended unless, in the opinion of a decision body for the project, there is a significant change to the original project that would otherwise be subject to an assessment.
The term “significant change” is too vague and subjective. YCS is concerned that under this change, projects would be assessed once and then major expansions or cumulative minor expansions such as a mine developing further open pits or an oil company gradually drilling more wells within its existing lease area would not undergo the additional environmental assessments necessary to identify and develop mitigation for economic, environmental, and societal impacts. This is not acceptable.
Second is modification to the time frames in clauses 16 and 17 and subclause 23(2) in Bill S-6. I won't read the wording, but YCS is of the opinion that these proposed changes would shorten the timelines for environmental assessments. Under current legislation, the clock starts ticking only once all the documentation submitted by the project proponent has been reviewed and is deemed adequate. Bill S-6 would start the clock as soon as documentation was submitted by the proponent, not after an adequacy review had been completed.
The proposed changes would run the risk of reducing the time available to conduct a thorough adequacy review. This review is critical to ensuring all appropriate documentation has been submitted prior to the assessment commencing.
The third concern of YCS regards policy direction. Clause 34 of Bill S-6 would add the following:
121.1 (1) The federal minister may, after consultation with the Board, give written policy directions that are binding on the Board with respect to the exercise or performance of any of its powers, duties or functions under this Act.
This proposed change would seem to undo the intent of Yukon devolution, whereby responsible government was transferred to Yukon territorial legislature and away from Ottawa. Furthermore, the proposed change undermines the very foundation of YESAB as a transparent, public process through which all stakeholders are provided the opportunity to learn about and submit comments on projects proposed in Yukon.
Given that the nature of future binding policy directions from Ottawa is unknown, will there be any consultation with Yukoners prior to orders being issued from Ottawa that will have economic, social, and environmental implications for the people and the environment in Yukon?
YESAA is meant to be arm’s length from interference by politicians, proponents, and special interest groups. Let's keep it that way.
A fourth concern regards delegation of the federal minister's powers. Bill S-6in clause 2 would replace section 6 of YESAA with the following:
6.1 (1) The federal minister may delegate, in writing, to the territorial minister all or any of the federal minister’s powers, duties or functions under this Act, either generally or as otherwise provided in the instrument of delegation.
This proposed change does a disservice to the honour of the crown as a signatory of the Umbrella Final Agreement, from which YESAA was created. The UFA is a political document between the Government of Canada, the Government of Yukon, and Yukon first nations as represented by the Council of Yukon First Nations. This has always been seen as a tripartite agreement between these three levels of government.
This proposed change could be interpreted as the federal government abandoning its constitutionally entrenched responsibilities under the UFA by delegating federal obligations to the Yukon Government. This is unacceptable.
As a helpful suggestion, YCS respectfully suggests that Bill S-6 could include a clause that lays out a periodic review of the YESAA legislation. This will ensure that YESAA is reviewed on a regular basis, such as once a decade, and is amended when necessary in an up-to-date and timely fashion.
Thank you for the opportunity to submit these comments. If you have any questions, of course I'm available.