With Royal Assent granted to Bill C-17 last Thursday, the federal, Yukon and territorial First Nations governments have signed a Memorandum of Understanding (MOU) to guide the implementation of the Yukon Environmental and Socio-economic Assessment Act (YESAA) going forwards.

Industry, however, will have to wait to have its say, according to Premier Sandy Silver.

Having made its way through the House of Commons and the Senate and into law, Liberal Bill C-17 reverses controversial amendments made to YESAA via sections of the former federal Conservative government’s Bill S-6, passed in 2015.

The S-6 amendments resulted in a lawsuit launched by three Yukon First Nations: Champagne and Aishihik, Teslin Tlingit Council and Little Salmon/Carmacks.

“With the MOU in place and Bill C-17 receiving Royal Assent, we are re-establishing trust with Yukon First Nations and removing a key impediment to increased investment, responsible development and jobs in Yukon,” Carolyn Bennett, the federal minister responsible for Crown-Indigenous Relations and Northern Affairs, said Friday afternoon in Whitehorse.

But stakeholders in the Yukon mining and resource development industry have argued that some of S-6’s changes were beneficial, particularly those surrounding project reassessment requirements and timelines.

Mining industry representatives testified at the federal Standing Committee on Indigenous and Northern Affairs in October, requesting that the passage of C-17 be put off until wording surrounding timelines and reassessment be added to YESAA.

As evidenced by last Thursday’s royal assent, the bill’s progress did not halt.

When asked at press conference Friday about replacement wording that industry has pushed for, Silver indicated the governments aren’t there yet.

“We’ve gone through an awful long process here from S-6 to C-17,” he acknowledged.

“Every level of government is ready to go to make sure that every year moving forward, YESAA is as functional for the environment and the socioeconomic process as possible.

“If industry is chomping at the bit to get to these conversations, so are we. But we’re not going to do it until all three governments are in line as to what that process means.

“We’ve been asking the First Nations governments to be patient over the last several years, so we’re going to be reaching out to the industries as soon as we all get succinct in our messaging.”

The Yukon Party released a statement today from Scott Kent, the official Opposition’s Energy, Mines and Resources critic.

It referenced the Yukon Party’s vote for a legislative motion last spring that supported the passage of C-17 alongside the development of a collaborative framework intended to address industry concern surrounding YESAA timelines and project reassessment.

“Over seven months ago, Premier Silver promised that his government would develop this collaborative framework, and unfortunately, he has not lived up to this promise,” the statement reads.

“When this issue was raised in the fall legislative sitting, the premier and his government dismissed the concerns from industry stakeholders and instead resorted to blaming others.

“It’s time for the Yukon Liberals to live up to their promises to industry.”

Chief Steve Smith of the Champagne and Aishihik First Nations emphasized that the MOU represents a reset on YESAA negotiations and the relationships that surround this process.

“The whole lawsuit and the whole work towards getting to Bill C-17 was because S-6 contained four controversial provisions that were never ever discussed with First Nations,” he said at Friday afternoon’s press conference.

“It doesn’t mean that moving forward these four amendments are never going to be on the table again.

“What we want is to actually have the discussion, because ... the core basis to our land claims is about sitting down and discussing, always.”

Kelly Panchyshyn, a communications analyst with the Yukon cabinet office, told the Star this morning that the first YESAA meeting out of the MOU will be held sometime in mid-January, with the exact date to be determined.

The meeting will be restricted to the federal, territorial and First Nations governments, but there they will discuss industry involvement in the YESAA conversation, according to Panchyshyn.

The Yukon Chamber of Mines did not return a request for comment this morning.