Senators questioned Premier Darrell Pasloski in Ottawa Tuesday about ongoing concerns with proposed legislative changes that would shift the power dynamics of environmental assessments in the Yukon.

In a committee hearing, Conservative Senator Paul Massicotte told Pasloski that “(w)e’re all a little bit surprised” with dissatisfaction recently expressed by several First Nations leaders.

“Recently the press, particularly the Whitehorse Daily Star, has been commenting on the fact that the Assembly of First Nations’ regional chief (Mike Smith) has come out strongly against this proposed act,” Massicotte said to the premier.

Smith told the Star in an interview Monday he was concerned about the potential for a federal minister to impose binding policy directives on an independent assessment board in the Yukon — or to “devolve” those powers to the territorial government.

He added that he stood with the Council of Yukon First Nations in his belief that the “the changes are not in the best interest of Yukon First Nations.”

“(T)he board therefore loses independence to govern, as is obviously the intention of this whole devolution process....Were these comments a surprise to you?” Massicotte asked the premier.

Pasloski responded by noting the extensive consultations between the territory and the CYFN from 2008 to 2012.

He also said the amendments in Bill S-6, which have now passed second reading in the Senate, conform to the Umbrella Final Agreement, a framing document that produced the legislation now under the knife.

“This act cannot supersede the final agreements that were reached with the settled First Nations,” Pasloski told the committee, alluding to 11 self-government agreements that incorporate the UFA.

He quoted Bill S-6: “In the event of an inconsistency or conflict between a final agreement and this act, the agreement prevails to the extent of the inconsistency or conflict.”

In an interview from Vancouver this morning, Pasloski highlighted the importance of an efficient, well-defined assessment process to boost employment, attract investors and smooth out even small infrastructure upgrades.

“It has a huge impact on jobs, as evidenced just recently,” he said.

Pasloski referred to the recent layoffs of 50 Pelly Construction employees at the Minto Mine, which Capstone Mining said was due to not getting a full green light from the Yukon Water Board to begin work on a new open-pit deposit.

The would-be changes to the Yukon Environmental and Socio-economic Assessment Act (YESAA) would eliminate potential project delays and make it easier to extend projects, the premier said.

A mining operation, for example, would not need to undergo a new assessment unless “there is a significant change to the original project,” according to the proposed legislation.

“And this is a process that talks not just about assessment of the resource industry — YESAA is our environmental assessment process that looks at all development projects, whether they are resource industry or whether we’re building a new road or bridge or talking about a new hydro project,” Pasloski said in committee.

“It affects all aspects of our life.”

Liberal Senator Dennis Glen Patterson of Nunavut questioned the premier on the relative secrecy in which consultations and several revisions for Bill S-6 occurred over the past several years.

“I want you to clarify this for me — and I think this is not always the way it’s done with federal legislation elsewhere — I understood that drafts of the legislation were shared with the parties on a very privileged, confidential basis.

“Could you outline a bit about that process, please?”

Pasloski noted that 73 of 76 recommendations included in the proposed legislation “were agreed (on) by consensus.”

Patterson continued: “I’ve always been a territorial legislator, and I’ve always been offended that distant officials in Ottawa were telling us how to manage our land and resources.

“Would you say that this bill is basically about including the delegation of ministerial power, is about bringing decision-making closer to home?”

The premier gave varying responses: “As we have discussed, and certainly Yukon is an example, when you create the opportunity, allow decisions to be made closer to home, the result can be quite profound.”

To the Star, however, he stressed that federal-to-territorial power delegation is unlikely. He said similar legislation is written into most other jurisdictions but has never been thrown in gear.

“There is no delegation that’s contemplated at this time at all.

“Delegation in itself would allow for administrative efficiencies, but delegation authorities are very limited,” he added.

“YESAB (Yukon Environmental and Socio-economic Assessment Board) will remain a co-managed process.”