Bill C-15 (Historical)

Northwest Territories Devolution Act

An Act to replace the Northwest Territories Act to implement certain provisions of the Northwest Territories Lands and Resources Devolution Agreement and to repeal or make amendments to the Territorial Lands Act, the Northwest Territories Waters Act, the Mackenzie Valley Resource Management Act, other Acts and certain orders and regulations

Part 1 enacts the Northwest Territories Act and implements certain provisions of the Northwest Territories Lands and Resources Devolution Agreement. It also amends and repeals other Acts and certain orders and regulations.
Part 2 amends the Territorial Lands Act to modify the offence and penalty regime and create an administrative monetary penalty scheme. It also adds inspection powers.
Part 3 amends the Northwest Territories Waters Act to make changes to the jurisdiction and structure of the Inuvialuit Water Board, to add a regulation-making authority for cost recovery, to establish time limits with respect to the making of certain decisions, to modify the offence and penalty regime, to create an administrative monetary penalty scheme and to make other changes.
Part 4 amends the Mackenzie Valley Resource Management Act to consolidate the structure of the Mackenzie Valley Land and Water Board, to establish time limits for environmental assessments and reviews and to expand ministerial policy direction to land use planning boards and the Mackenzie Valley Environmental Impact Review Board. This Part also amends the administration and enforcement provisions of Part 3 of that Act and establishes an administration and enforcement scheme in Part 5 of that Act, including the introduction of enforceable development certificates. Moreover, it adds an administrative monetary penalty scheme to the Act. Lastly, this Part provides for the establishment of regional studies and regulation-making authorities for, among other things, consultation with aboriginal peoples and for cost recovery and incorporates into that Act the water licensing scheme from the Northwest Territories Waters Act as part of the implementation of the Northwest Territories Lands and Resources Devolution Agreement.

Mackenzie Valley Resource Management Act

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, it is always a pleasure to rise and address the many issues that come before the House, and this bill is yet another good example of legislation that has been well done.

At the end of the day, members will see there is wide support for the legislation in the communities that are most impacted. More than that, I would suggest that Canadians as a whole have confidence in this government's ability to manage our resources in a fair fashion that sees the national interest served, that the environment is addressed and ensures that consultations take place, whether they are with indigenous people, provincial or territorial governments or organizations. We take this responsibility very seriously. In fact, we have seen ministers of the Crown make a great deal of effort in reaching out to the many different communities and to stakeholders. Ultimately, it allows us to put together the type of legislation that we have.

If there is one single aspect of this legislation that we need to make note of, it would likely be how Bill C-88 would fix a problem that was created by Stephen Harper a number of years ago when the government at the time brought in Bill C-15. Members from both sides of the House have referred to Bill C-15.

I had the opportunity to address the bill a number of years ago when I was on the opposition benches. If memory serves me correctly, I was somewhat critical of the inability of Stephen Harper's government to work with the different stakeholders, and I would put a special emphasis on indigenous people. I remember talking with my colleague from the north, the member for Yukon, about this particular issue when the Conservatives were making some of these changes. I remember how passionate he was as a northerner, and also as an elected official in recognizing the harm that was being caused.

Fast forward to today, and as I listened to my colleague from the Northwest Territories speak to the legislation, I have a better understanding of how he and his family have been long-time advocates for the issues in the Northwest Territories, which could be broadened to include northern Canada. One cannot help but be inspired by the level of dedication and strong sense of commitment to ensure that what we are doing is moving us forward in the right direction. This is why I thought it was important to listen to the member for Northwest Territories, as he has a great deal of knowledge on such an important issue.

The Prime Minister talked a great deal, even before the last national election, about the issue of indigenous people, and ensuring that they are enabled to provide the strong and healthy leadership we know they are very capable of and to ensure that they are sitting at the table. The Prime Minister often talks about the importance of that relationship.

I have listened to the questions and comments coming from the Conservatives. However, I can see within the questions and comments from my colleague and friend from the Northwest Territories his caring attitude in regard to what was done and what it is that this legislation is attempting to undo.

Let me be a bit more specific. Bill C-15 says that we have these land and water management boards that were responsible for different geographical areas. Through Bill C-15, the Conservatives wanted to get rid of those boards in favour of one super board.

If that had been an honest reflection of what was being pushed for by the affected communities, I suspect there would have been more sympathy toward at least that very aspect of Bill C-15. There was a great deal of resistance to the bill. There are communities today that feel fairly positive about the way Bill C-88 would reverse that aspect of Bill C-15.

I wanted to highlight that for the simple reason that at the end of the day we want there to be a sense of fairness among the different decision-makers. By recognizing the important role that not one so-called super board would play but that those local, decentralized boards would play is a positive step forward.

It might take some time to work over some of the issues as a result of the actions taken by the Stephen Harper Conservatives at the time but we have to recognize that Bill C-88 is a move forward in the right direction.

I had the opportunity to do a bit of research thanks to Google maps just to get a sense of the Mackenzie Valley. It is a huge area. The basin that feeds into the Mackenzie River is probably larger than the land mass of most countries around the world. We are talking about a significant amount of land and waterways. I understand it begins in Fort Providence, where my colleague from Northwest Territories calls home nowadays, which is really the southern beginning of the valley.

Even though I have never had the pleasure to visit that area, I have seen, as I am sure all members have seen, documentaries and films, through which I got a fairly good sense of everything that the Northwest Territories has to offer. From what I have seen, that mass of land and water is most impressive.

The Prime Minister decided that we needed that moratorium. It is interesting to note that the Conservative member who spoke before me asked about the national interest. I would suggest that the moratorium was in the national interest. Not only was it in the interest of the Northwest Territories but it was in the national interest.

Canadians genuinely are concerned about their environment. They are concerned about how we draw resources out of the environment and transport them.

Canadians understand and appreciate that the people who really know the area the best are the people who call that area home. They really have the experience and the knowledge to ensure that the types of decisions being made take our environment into consideration.

Dealing with things of this nature has to factor in indigenous people and other stakeholders. I am quite pleased with the way the government has said that we want to make sure that the types of consultations that were required were going to be done, and that is why it has taken as long as it has to come before the House. There is so much to lose if we do not do this right. I look to those leaders in the Northwest Territories to provide strong leadership on this front.

I do not question how important it is to protect our environment, but I also know how important it is that we continue to develop our communities, economically in particular, and how that economic growth benefits people who live in the northwest or live in northern Canada but also benefits everyone in Canada.

I will go back to that concept of the national interest. There are many Canadians who travel to the north periodically, whether for tourism or other reasons. Tourism in the area, my colleagues from the north will tell us, has fantastic potential for growth and that is one of the reasons we want to protect our harbour and the environment. I suspect that there is a growing demand for workers from down south to be able to be able to fulfill some of that potential for growth into the future. In fact, I was talking to my friend from Yukon. He was telling me how the Filipino community is starting to grow up north.

A big part of economic development is to ensure that the government has the financial resources to provide the types of programs that we have heard about today, whether it is health care, education, training programs or protection of our environment. All of these take money and one of the ways we can accrue the financial resources to provide those types of services to Canadians is through the development of our natural resources.

Let there be no doubt that there is a great deal of development potential in Canada's north. If we work with others and look for the leadership of those who are living in the communities, we can actually manage that development in such a way that everyone wins. This is something that as a government we have demonstrated that we are committed to doing. I could give tangible examples.

Conservative after Conservative have stood up today in their place and been critical of this government's inability to get a pipeline to the Pacific Ocean for markets out in that area, looking at China and beyond. However, what the Conservatives do not tell us is that this government, in managing both the environment and the economy and working collaboratively with the stakeholders, in particular indigenous people and provincial governments, was able to accomplish something that Stephen Harper could not accomplish in 10 years.

For the first time in many years, we now have the potential to see a pipeline that will deliver our commodity to other regions of the world, outside the United States. Some of my Conservative colleagues are snickering at that comment, but that is the reality. Even today, the Minister of Natural Resources made reference to the fact that when Stephen Harper became prime minister, over 99% of our oil commodity was being sold into the United States. After being the prime minister for 10 years, the Conservatives had failed Canadians, failed Albertans and they did not materialize, as this government did materialize, in a very real and tangible way.

The Conservatives are critical and ask about the national interest. I would suggest that is a very good example of why we bought the pipeline. I am very proud that we have a government that is committed to ensuring that we manage our natural resources and the many different commodities that we have.

The government is not prepared to forsake the environment, to forsake the importance of having individuals living in those communities engaged, and that is what I like about Bill C-88. It reinforces the importance of that, and it does it primarily through getting rid of the one aspect of Bill C-15 that was so poorly received by the communities directly affected. That is one of the reasons why I suspect that this legislation will get support from all political entities within the chamber, with one possible exception. I should not say the possible exception, I understand the Conservatives will be opposing the legislation.

However, I do believe there is better understanding coming from the other parties in the House. I believe that if the Conservatives would start listening a little more to what Canadians have to say about a series of important public issues, they, too, might be more inclined to recognize the merits of Bill C-88 and get behind the legislation itself.

I want to highlight a couple of other issues that I think are important to recognize. There is a cost recovery component to the legislation, where the bill includes a regulation making authority for cost recovery. This would allow cost recovery from proponents on major development proposals undergoing environmental impact assessments, as well as ensuring a water licensing process undertaken by a land and water board. The issue of cost recovery has been talked about a great deal over the years, and I thought it had received fairly wide support from all sides of the House.

There are administrative monetary penalties within the legislation. The bill proposes a scheme for administrative monetary penalties through regulations, including the power to designate the offences under the act that may be considered violations. The determination of the penalty amounts for each violation, the maximum amount for these penalties would be $25,000 for individuals and $100,000 for organizations.

I want to also recognize that the legislation provides some certainty for industries, which is also very important, given the moratorium that was put in place. However, let us recognize that the moratorium was a good thing for Canada. It was a very good thing.

At the end of the day, this is a government that takes our environment seriously, unlike the Conservatives. This is a government that understands the importance of the development of our natural resources, and it is a government that recognizes the importance of working with people.

[Jim Eglinski, Conservative, Yellowhead, AB]

Madam Speaker, here we are again with another anti-energy policy from the current Liberal government that is driving energy investment out of Canada, costing Canadian workers their jobs and significantly increasing poverty in certain regions, especially in the north.

I am speaking to Bill C-88, because I am concerned that the changes it would make would politicize oil and gas extraction by expanding the powers of this Liberal government to block economic development. It would take local control and environmental stewardship away from the aboriginal people of the region and would inhibit local, territorial governments from doing what is best for the people of the area. I am speaking of the Mackenzie Delta.

I see that my friend across the way is smiling, because he is very proud of the region he has grown up in.

Bill C-88 is not just another Liberal anti-energy bill, like Bill C-48, Bill C-69 and Bill C-86. These bills could block all future pipelines, giving the government the authority to unilaterally shut down natural resource development. It is now systematically going after the Northwest Territories, as it has done with our western provinces.

Only a few people get to visit the Mackenzie Delta or travel the pristine waters of the Mackenzie River. Those who do find it breathtaking, due to its vast biological and ecological formations.

When Sir Alexander Mackenzie travelled the Mackenzie River in 1789, he was astonished by its sparse population and the pristine beauty of the region. As members may know, the river was named after him. That is for a few of my Liberal colleagues across the way, except for the member for the Northwest Territories.

I count myself fortunate, no, I should say I count myself blessed and lucky, to have been able to travel from the start of the Peace and Athabasca rivers, which are the headwaters of the Mackenzie River, and I have followed it as it flows, leading to the Beaufort Sea in the north. This pristine area, rich in ecological wealth, covers an area of just under two million square kilometres, and its drainage basin encompasses one-fifth of Canada. This is the second-largest river in North America, next to the Mississippi River.

Oil and gas have been part of this region since 1921. There are also mines of uranium, gold, diamond, lead and zinc in the area. During World War II, a pipeline was built from Norman Wells to Whitehorse, in Yukon. It carried crucial petroleum products needed during World War II and helped Canada and the United States build the Alaska Highway, which significantly helped Canada during the war. It is called the Canol Pipeline, and it still exists today.

At a very young age, I personally met and was inspired by one of Canada's great leaders. That was Mr. John Diefenbaker, whose statue sits at the rear of this building. He was a leader of great wisdom and vision who led our country to where it is today. I remember he once said, “I see a new Canada—a Canada of the North.” This is what he thought of and envisioned. He spoke of giving the people of northern Canada the right to develop their resources, protect their environment and maintain and develop strong economies in the region. Diefenbaker saw the need for the people of the north to do this, not the Government of Canada.

One of Canada's leading novelists of the same era, Hugh MacLennan, a Liberal visionary, noted at the time that by 2061, the Mackenzie Delta would have three million people living along the banks and shores of the river and that people's pockets would be full of money from the wealth of the region. He said there would be at least two universities built in the Mackenzie Delta area.

That Liberal's prediction was wrong, and the actions of my Liberal friends across the way from me are also wrong.

There are roughly 10,000 people living along the Mackenzie River Delta, in places like Wrigley, Tulita, Norman Wells, Fort Good Hope, Fort McPherson, Inuvik, Aklavik and Tuktoyaktuk. I have been to those communities and I know the people.

There are 68 aboriginal groups that also live in this region. I have had the pleasure and honour of gathering and socializing with them to discuss their issues. We used to gather at the Petitot River. I have been there a number of times. To me, they are the real stewards of the land, not organizations like CPAWS, the David Suzuki Foundation or others that have the ear of the environment minister. The aboriginal groups are the real Canadian environmentalists and the real stewards of the land.

Recently, Merven Gruben, the mayor of Tuktoyaktuk, testified at the committee on indigenous and northern affairs. He said that the Liberal government should be helping northern communities. Instead, it shut down the offshore gasification and put a moratorium right across the whole Arctic without even consulting communities. He also said that people in his town like to work for a living and are not used to getting social assistance. Now, all they are getting are the few tourists coming up the new highway. That makes for small change compared to when they worked in the oil and gas sector.

They are the people of the Mackenzie River Delta. Our Conservative government gave them the power to manage their resources in a true, healthy and respectful manner that only the people of the region can do. This was done through Bill C-15, which created the Northwest Territories Devolution Act of 2014.

Our former Conservative government viewed the north as a key driver of economic activity for decades to come, but this Liberal government is arbitrarily creating huge swaths of protected land with little or no consultation with aboriginal communities, while other Arctic nations are exploring possibilities within their respective areas.

Bill C-88 reveals a full rejection of calls from elected territorial leaders for the increased control of their natural resources. It consists of two parts. Part A would amend the Mackenzie Valley Resource Management Act of 1998. Part B would amend the Canada Petroleum Resources Act to allow the Governor in Council to issue orders. That scares me.

What about the provisions that were introduced by the former Conservative government within Bill C-15's Northwest Territories Devolution Act? Bill C-88 would reverse these changes, even though Liberal MPs voted in favour of Bill C-15 when it was debated in Parliament, including the Prime Minister.

Now the Liberals want to reverse the former government's proposal to consolidate the four land and water boards in the Mackenzie Valley into one. I believe this is so that they can take control. The creation of a single board was a key recommendation that would address “complexity and capacity issues by making more efficient use of expenditures and administrative resources” and would allow for administrative practices to be “understandable and consistent”. When Bill C-15 was debated in the House of Commons in 2013 and 2014, the restructured board was included in the final version of the modern land claim agreements.

The Liberals would further politicize the regulatory and environmental processes for resource extraction in Canada's north by giving cabinet sweeping powers to stop projects on the basis of “national interest”. This reveals a rejection of calls from northerners for increased control of their national resources.

The Liberal government should leave the people of northern Canada with their resources and let them be their own environmentalists and stewards of the land. They know it the best.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, at the end of his speech, he said the Liberals would be creating a more efficient system. The reason Bill C-15 amalgamated the boards was based out the McCrank report, which had indicated some significant issues in efficiency, capacity and ability to do things. Therefore, basically the Liberals are reversing things.

The Liberals intend to go back to the original system. What have they done to respond to the issues in the McCrank report outline some serious efficiency problems? On the face of it, what they are doing is moving from what was proposed to be a much more robust system to something more inefficient.

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Mr. Speaker, I am happy to rise to speak to Bill C-88, an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act. I would like to start by saying that the overall position of the NDP on this bill is that northerners know best how to manage their own resources. We will be supporting this bill at second reading but feel there are some areas where important improvements could be made.

This bill is part of a series of measures the Canadian government has made over the past half-century or so to bring more democracy to the north and end the colonial style of government that has been in place since Confederation. It seems, though, that every step forward has some steps backward and this bill perhaps is no exception. This is a bit of an omnibus bill.

I just want to point out that although the member for Kamloops—Thompson—Cariboo mentioned that the NDP and Liberals voted for Bill C-15, that was because it was an omnibus bill on the devolution of power to the Northwest Territories. We were all in favour of the bill and then the former Conservative government tacked on that poison pill which cut down indigenous rights. We supported it, even though we had concerns about that last part of it.

This is a bit of an omnibus bill. It sets out to do two different things. First, it would repeal parts of Bill C-15, the Northwest Territories Devolution Act, which was passed in the last Parliament and, second, it would bring into force an announced a moratorium on oil and gas exploration and development in offshore waters in the Canadian Arctic. Bill C-15, passed in 2014, was a bit of an omnibus bill. The bulk of that bill dealt with the devolution of powers from the federal government to territorial government. The general public opinion in the north was that this was a great thing. It was reversing the tide of colonialism and giving back more powers to northerners to manage their own affairs.

However, the second part of Bill C-15 went back on that, eliminating four regional land and water boards and replacing them with a single super board. Those four boards were created out of land claims agreements and negotiations with various first nations in the Mackenzie Valley area and the new super board significantly reduced the input that those first nations would have on resource management decisions.

Since 1967, much of the political history of the Northwest Territories has been one of de-colonialization through the devolution of powers from the federal government, and there have been four settled land claims in the Northwest Territories since then.

First, the lnuvialuit agreement covers the northern part of the Mackenzie Delta, the Beaufort Sea region and the Northwest Territories portion of the Arctic Archipelago. The region is outside the areas covered in the regional land and water boards covered in Bill C-88 but does bear on the second part of the offshore oil and gas exploration.

Second, the Gwich'in agreement covers the southern portion of the Mackenzie Delta and the northern part of the Mackenzie Mountains.

Third, the Sahtu Dene and Métis agreement covers the region around Great Bear Lake and the adjacent Mackenzie Mountains.

Fourth, the Salt River Treaty Land Entitlement covers an area near the town of Fort Smith, Northwest Territories. This agreement does not involve the Mackenzie Valley Resource Management Act.

There are two more agreements in place now in the Northwest Territories: the Deline self-government agreement for a community covered by the Sahtu agreement, and the Tlicho land, resources and self-government agreement covering the area north of Great Slave Lake.

These agreements are modern-day treaties that create and confirm indigenous rights and are protected by section 35 of the Constitution. The Gwich'in, Sahtu and Tlicho agreements contain provision for the creation of a system of co-management boards enacted by the Mackenzie Valley Resource Management Act. On each of these boards, there are four members and a chair. Two of the four members are nominated or appointed by the Gwich'in, Sahtu or Tlicho, so that they have an equal partnership in those decisions.

In parts of the Northwest Territories where there is no settled land claim, the main board created by the Mackenzie Valley Resource Management Act, the Mackenzie Valley Land and Water Board, is in operation. In the lnuvialuit Settlement Region, the Canadian Environmental Assessment Agency conducts environmental assessments.

On December 3, 2013, the Harper government introduced Bill C-15, which was primarily meant to implement the provisions in the Northwest Territories Lands and Resources Devolution Agreement. However, as I mentioned, it contained this poison pill in the form of changes to the land and water co-management boards created by the Mackenzie Valley Resource Management Act.

The Harper bill eliminated the regional boards in favour of a single superboard consisting of 10 members and a chair. Bill C-15 also changed the process by which members of the single board were appointed and only provided for a single representative from the Gwich'in, Sahtu and Tlicho. These groups went from having an equal partnership, two of four members, to only having one in 10 members on this superboard. These changes were wildly and widely unpopular in the Northwest Territories and contrary to the wishes of northerners, as reported by a consultation process launched by the Conservatives prior to bringing forward Bill C-15.

The member previously mentioned the McCrank report. There was a consultation process about that report, but the first nations, when told about these options, said not to do this and that they did not like it. It is not consultation if we just tell first nations what is going to happen. We have to try to make accommodation, and that is exactly what did not happen here. I have some quotes about what first nations and Métis groups thought of this.

Jake Heron from the Métis Nation said that it's very frustrating when you're at the table and you think you're involved, only to find out that your interests are not being considered seriously.

Bob Bromley, an MLA in the Northwest Territories said, “The federal government's proposal to collapse the regional land water boards into one big board is disturbing, unnecessary and possibly unconstitutional.” He also said that a single board “does nothing to meet the real problem: failure of implementation.”

Dennis Bevington, a former MP for the Northwest Territories said, “I don't think that's fair to the people that went into the devolution agreement, people like the Tlicho who agreed to the devolution deal because it had some separation from the Mackenzie Valley Resource Management Act. I think it's inappropriate.”

Bill C-15 received royal assent on March 25, 2014. Shortly afterward, the Tlicho and Sahtu launched lawsuits asking for declarations of portions of the devolution act to have no force or effect and an interim injunction to stop the Government of Canada from taking steps to implement those provisions of Bill C-15 that affected the regional board structure for the Mackenzie Valley. On February 27, 2015, the Supreme Court of the Northwest Territories granted that injunction to the Tlicho. The federal government immediately began appeal proceedings to lift the injunction, but with the defeat of the Harper government, Canada began consultations with Northwest Territories indigenous governments and the Government of the Northwest Territories. The result is Bill C-88 before us today, which would reverse those changes to the Mackenzie Valley Resource Management Act.

Last night, I happened to be sitting next to Grace Blake on the plane flying from Toronto to Ottawa. She is a Gwich'in leader from Tsiigehtchic. She was very happy to hear that Bill C-88 would keep the land and water boards in place. I think her feelings are representative of most residents of the Northwest Territories.

A representative from the Tlicho, Ryan Fequet, said, “The current land and water boards' composition reflects 50-50 decision-making between first nations and the federal government, and I think the superboard's proposed structure would have changed that, and that's why various parties voiced their concerns.”

I will now go to the second part of Bill C-88, which deals with the Canada Petroleum Resources Act.

As other members have mentioned, this began back in late 2016 when the Prime Minister was meeting with President Barack Obama and they both gave what was called the United States-Canada joint Arctic leaders' statement. In that, Barack Obama said that the U.S. is designating “the vast majority of U.S. waters in the Chukchi and Beaufort seas as indefinitely off limits to offshore oil and gas leasing.”

At the same time, it seemed that Canada felt obliged to designate all Arctic Canadian waters as indefinitely off limits to future offshore Arctic oil and gas licensing, to be reviewed every five years through a climate and marine science-based life-cycle assessment. The Prime Minister made this decision without properly consulting any form of government in the north. As was mentioned, he gave everybody a phone call 20 minutes before the fact.

Northwest Territories Premier Bob McLeod reacted by issuing a red alert calling for an urgent national debate on the future of the Northwest Territories and saying that the Prime Minister's announcement was the re-emergence of colonialism.

He added:

We spent a lot of time negotiating a devolution agreement, and we thought the days were gone when we'd have unilateral decisions made about the North in some faraway place like Ottawa, and that northerners would be making the decisions about issues that affected northerners.

In response to the Prime Minister's unilateral action, the Premier of Nunavut, Peter Taptuna, stated:

We do want to be getting to a state where we can make our own determination of our priorities, and the way to do that is gain meaningful revenue from resource development.

And at the same time, when one potential source of revenue is taken off the table, it puts us back at practically Square 1 where Ottawa will make the decisions for us.

The Inuvialuit Regional Corporation also raised concerns. Duane Smith, the CEO, stated:

There was a total lack of consultation prior to the imposition of the moratorium. This and the subsequent changes to key legislation impacting our marine areas are actions inconsistent with the way the Crown is required to engage with its Indigenous counterparts.

I happened to talk to Mr. Smith about this subject when I was at the Generation Energy Forum meetings in Winnipeg in October 2017, a year later, and he was still hopping mad about this.

In response to the concerns of northerners, Canada began a consultation process and agreed in October 2018 to begin talks with the territorial governments and the Inuvialuit Regional Corporation to reach a co-management and revenue-sharing agreement. Meanwhile, the current oil and gas development moratorium remains in place, to be reviewed in 2021.

Now I would like to speak to how this bill could be improved.

For one thing, despite the fact that the government supported my colleague's private member's bill on putting the United Nations Declaration on the Rights of Indigenous Peoples into every appropriate legislation that the government produces, there is no mention of that at all in this bill. Again, I talked to first nations leaders and they are very frustrated with the government over all the talk and no action in that regard.

The second place that it could be improved, and I will mention this a little later, is through a real commitment for intervenor funding in the review processes that this bill puts forward. There is no mention of that and it is a critical part of any proper consultation.

Outside this bill there are still so many more important areas that the government could be taking action on, such as with respect to first nations drinking water. Seventy-three per cent of drinking water systems are considered at high or medium risk, according to the Parliamentary Budget Officer.

With respect to indigenous housing, estimates from the First Nations Financial Management Board pegged the housing infrastructure gap on reserve at between $3 billion and $5 billion. This was the main thing mentioned to me by Grace who was sitting next to me on the plane last night. Her concern is housing, housing, housing.

With respect to indigenous schooling, whether we look at physical infrastructure, teachers or dropout rates, critical gaps remain. Less than a quarter of indigenous students who started grade 9 went on to finish high school. We really have to step up the game and fix these gaps.

The government has to stop fighting indigenous people in court. Currently, there are thousands of court cases going on between Canada and indigenous people, including 528 specific land claims and 70 comprehensive land claims.

The government has to fix the high cost of food in the north by replacing the nutrition north program with one that actually assists northerners in affording nutritious foods.

It should settle the two outstanding land resource and self-government processes in the Northwest Territories with the Dehcho and the Akaitcho.

I want to finish by mentioning a process that really brought northern resource management issues, and specifically management issues in the Mackenzie Valley, to the attention of southerners and radically changed the way northerners took control of their resource decisions. That was the Mackenzie Valley inquiry, or the Berger inquiry, as it is popularly known. It began with pipeline plans in the early 1970s to bring oil and gas from Prudhoe Bay in Alaska, across the north, over the Yukon to the Mackenzie Valley, as well as two separate plans for pipelines down the Mackenzie Valley into Alberta. The Liberal government at the time commissioned Justice Thomas Berger to create an inquiry that would look into the situation and figure out what northerners wanted, what the impacts of those projects would be on the north and how the government should best proceed.

Justice Berger started in 1974. He travelled to every community in the area, 35 communities, in the affected region. Everyone who wanted to testify was heard. Several days were usually spent in each community. For instance, in Old Crow, in the Gwich'in territory in northern Yukon, 81 people out of a population of 250 testified, many in the Gwich'in language. Five other languages made up the testimony from the other communities. Anyone who wanted to speak was heard carefully and respectfully.

The Berger inquiry also set the standard for intervenor funding. I mentioned that earlier. That money is used to allow concerned citizens to travel and speak at hearings. In 1977, Justice Berger released his findings. He found that the environmental impacts of a pipeline across the Arctic slope of the Yukon would be too great to justify the benefits. Instead, he recommended much of that area be protected from development.

Therefore, in 1984, Ivvavik National Park was created in the Inuvialuit settlement region. In 1995, Vuntut National Park was created in the Gwich'in area of northern Yukon. I had the pleasure and the privilege of visiting those areas.

In 1983, I spent the summer doing biological surveys in the Old Crow area and spent 10 days on Herschel Island, just off the coast of the Beaufort Sea. It was a wonderful time on Herschel. Liz Mackenzie and her two daughters were the only permanent residents there. They were Inuvialuit. They kept us well fed with bannock and fresh Arctic char. I rafted down the Firth River in 1995. I saw muskox and caribou. The porcupine caribou herd calves along the Arctic coast of Alaska and migrates through this area. It is because of those protections that the porcupine herd is literally one of the only caribou herds in Canada still doing well these days. Most caribou herds are declining drastically.

As for the Mackenzie Valley pipeline, Justice Berger pointed out that land claims negotiations were just taking place in the Mackenzie watershed, so he placed a 10-year moratorium on any decision in that region to allow those agreements to be finished. The Berger inquiry is really the gold standard of consultation in Canada. If anyone in the government is interested in what good, proper consultation looks like, this is it. People were heard and accommodations were made.

If we look at the leaders of today in Northwest Territories, many of those leaders began their career by being inspired by leading their people in the Berger inquiry. In an article Ian Waddell wrote on this, he mentioned a few of those names. There was Nellie Cournoyea, who worked for the committee on the original people's entitlement, the Inuvialuit group. She later became the premier of Northwest Territories. Dave Porter, who used to carry equipment for the CBC crew, became a great aboriginal leader in Yukon. Jim Antoine, then the young chief of the Fort Simpson Dene became the premier of Northwest Territories. Georges Erasmus, who appeared before the inquiry for the Indian Brotherhood of the Northwest Territories, later the Dene Nation, became the head chief of the Assembly of First Nations, and on and on.

I will finish by saying that northerners, regardless of descent, overwhelmingly support land, resource and self-government agreements and the co-management processes created by them. Northerners see these processes as de-colonialism. Resource extraction is the only viable form of economic development available to northerners, and while they want strong environmental protections for any resource development, northerners want to be equal partners in making these decisions.

We support Bill C-88, and we support this process of the devolution of powers to territorial and indigenous governments They must continue to eliminate colonialism within our country.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, first of all, I would like to note that the NDP also voted for Bill C-15, so it was a pretty straightforward Northwest Territories devolution bill.

The NDP members love to say that we did not care about the environment and that our environmental bills created undue challenges. I hear that all the time, but I had never seen an example anywhere of where our attempts to create an environmentally appropriate, responsive regime created any negative impact on the environment, period. The legislation that we put into place had no negative impacts. I challenge anyone to bring an example of something somewhere that created some harm to the environment because it helped to move things along, but there was certainly a lot of noise so people lost trust in what was a good regime.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, I want to point out that the Liberals did actually support Bill C-15, which is what they are now backtracking on, so I want to make that important note.

The Liberals love to say that the economy and the environment go together and they are going a great job on both. Frankly, they are doing a terrible job on both.

When we look at what is happening in Alberta, at GM, at the softwood lumber industry, where I just heard there are going to be some layoffs in terms of the forestry in my riding, the Liberals are certainly not doing a very good job in terms of the economy. They might have benefited from a solid U.S. economy and a housing boom, but they sure have not benefited from creating long-term jobs that are going to be important for our future.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, I rise today to speak to Bill C-88, an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other acts.

Before I get into the details of the bill, it is important to look at the context with respect to what has been happening over the past three years and what is starting to be a real pattern of the Liberal government. The decisions it makes consistently increase red tape and bureaucracy, and are mostly anti-resource development. This bill is no different.

I would like to talk about a few areas to show the context, which will then show that this follows a pattern that adds to what is becoming an increasing concern in the country, and that is the ability to move our natural resources forward.

When the Prime Minister took office, there were three private companies willing to invest more than $30 billion to build three nation-building pipelines that would have generated tens of thousands of jobs and billions in economic opportunity. The Prime Minister and his cabinet killed two and put the Trans Mountain expansion on life support. Bill C-69 would block all future pipelines.

In addition, the government has made a number of arbitrary decisions regarding natural resource development, with absolutely no consultation with those impacted. Today, we only need to look at what is happening in Alberta with the hundreds of thousands of job losses. Who has ever heard of a premier having to decrease the production of a needed resource throughout the country and the world because we simply cannot get resources to the market? This is because of the government's failure.

The northern gateway project was approved by the former government in June 2014. It had a number of conditions on it, just like the current Trans Mountain project does.

In November 2015, just one month after being elected, the Prime Minister killed the project without hesitation. It was subject to a court challenge. When we did finally hear what came out of that court challenge, to be frank, it was nothing that could not be overcome. We could have dealt with that.

The court decision told the Prime Minister to engage in consultation in a more appropriate and balanced way. The court really gave what I would call a recipe for perhaps fixing some problems with the process.

Did he wait for the court decision? No. He went out and killed it flat. With this approved pipeline, he did not wait for a court decision or wait to see how it could move forward. He decided that he did not want that one.

I think we are all pretty aware of the Trans Mountain pipeline. It has been moving along for many years. We know that many first nations support it and hope to see it go through, as they see enormous opportunities for their communities. Of course, others are against it.

What happened in this case? When the Liberals came to government, they decided they had to have an additional consultation process. However, did they follow the directions of the court in the northern gateway decision in which the court was very clear about what the government had to do to do consultations properly? Apparently not. When the court decision came down, we learned otherwise. To be frank, it was much to my surprise, because the Liberals talked about how well they were consulting and that they were putting this additional process in place. The court said that the Liberals did not do the job. What they did was send a note-taker and not a decision-maker.

The fact that the Liberals did not consult properly on the Trans Mountain pipeline is strictly on their laps, as they had very clear guidance from the northern gateway decision and they did not do what they needed to do. They should be ashamed of themselves. Had they done a proper process, they likely would not have had to buy the pipeline, the pipeline would be in construction right now and we would be in a lot better place as a country. With respect to the Trans Mountain pipeline, the blame for where we are on that pipeline lies strictly on the laps of the Liberals.

I also want to note, in spite of what people say, that the courts have said the process was okay, so it has nothing to do with environmental legislation by the previous government or with anything the Conservatives had put in place. It was the Liberals' execution of a flawed process.

Energy east was another one. The former Liberal MP who is now the mayor of Montreal was very opposed to it. I am not sure of all the pieces that went into the Liberals' decision-making, but all of a sudden, the downstream and upstream emissions of energy east had to be measured. As people have rightfully asked, has that happened for the tankers coming down the St. Lawrence from Saudi Arabia and Venezuela? Did that happen with the bailout for Bombardier?

The Liberals created regulatory barriers. Trans Mountain hung on for a long time before it finally said no go. I think Energy east saw the writing on the wall, knowing that the government was not going to be its friend and create an environment to get the work done. It could see the new rules coming into place, so it walked. What a double standard. Canadians who extract energy in an environmentally sound and environmentally friendly way have had standards applied to their ability to move oil through a pipeline that no other country in the world imposes on companies in terms of upstream and downstream emissions.

Next on the plate is Bill C-69. A number of former Liberals are very open about their concerns about Bill C-69. Martha Hall Findlay, a very respected former Liberal MP, said in a recent Globe and Mail article that the new environmental legislation, Bill C-69, “is the antithesis of what this regulatory reform effort hopes to achieve.... [I]n its 392 pages, the word 'competitiveness' appears only twice. Neither the word 'economy' nor the phrase 'economic growth' appear at all.” We have new environmental legislation that most people call the no-more-pipeline bill.

Martha Hall Findlay went on to note that this bill would create enormous uncertainty, more red tape and increased court challenges, and not only in the energy sector but in all other infrastructure in Canada for years to come. I do not know if members are starting to see a pattern: the Liberals have killed pipelines and put in legislation preventing new pipelines from being built. I am not sure why the process with Trans Mountain was not proper; it should have been. Everyone knew what they had to do, but they did not.

Another piece of legislation that is focused on killing opportunities in this country is the tanker moratorium, Bill C-48. The government loves to talk about how it consults, consults and consults, but it only consults to get the answer it wants. There was a large group of first nations that had a huge opportunity with the Eagle Spirit pipeline that would go through its territory. It had plans, it was moving along, everything was in place, and all a sudden Bill C-48, the tanker moratorium, put its dreams and hopes to rest for a while. The interesting thing is that there was no consultation at all. There was no notice about this tanker ban, so how can there be consultation when the government does not want to do something, but vice-versa when it wants to do something?

Now I will get into the details of Bill C-88. In 2016, there was an oil and gas moratorium in the Beaufort Sea, and the interesting thing about that announcement was that for most people in Canada, it came out of nowhere. The Prime Minister did not even have the respect to hold conversations with the territorial premiers and the people most impacted. He made the announcement down in Washington, D.C., along with an “Oh, by the way” phone call 20 minutes before announcing this measure that would impact those communities. That is absolutely shameful. The Prime Minister announced a moratorium on all oil and gas development in the Beaufort Sea when he was down in the United States with President Obama at the time.

I want to read a few quotes by the community leaders subsequently. The Northwest Territories premier Bob McLeod issued a “red alert...for urgent national debate on the future of the Northwest Territories”. He wrote:

The promise of the North is fading and the dreams of northerners are dying as we see a re-emergence of colonialism....

Whether it be ill conceived ways of funding social programs, or new and perplexing restrictions on our economic development, our spirit and energy are being sapped.

That is a very different from what we just heard from the parliamentary secretary when she talked about the previous government. It is her government. Did she hear those words from the premier? He said, “our spirit and our energy are being sapped”.

Mr. McLeod further wrote:

Staying in or trying to join the middle class will become a distant dream for many....

This means that northerners, through their democratically elected government, need to have the power to determine their own fates and the practice of decisions being made by bureaucrats and governments in Ottawa must come to an end. Decisions about the North should be made in the North. The unilateral decision by the federal government, made without consultation, to impose a moratorium on arctic offshore oil and gas development is but one example of our economic self-determination being thwarted by Ottawa.

Then Nunavut premier, Peter Taptuna, told the CBC on December 22, 2016:

We do want to be getting to a state where we can make our own determination of our priorities, and the way to do that is gain meaningful revenue from resource development. And at the same time, when one potential source of revenue is taken off the table, it puts us back at practically Square 1 where Ottawa will make the decisions for us.

Merven Gruben, the mayor of Tuktoyaktuk, told the indigenous and northern affairs committee on October 22, 2018:

I was talking to [the Liberal MP for the Northwest Territories]...and he said, “Yes, Merven, we should be doing something. We should be helping you guys.”

I agree the Liberals should be helping us. They shut down our offshore gasification and put a moratorium right across the whole freaking Arctic without even consulting us. They never said a word to us.

We're proud people who like to work for a living. We're not used to getting social assistance and that kind of stuff. Now we're getting tourists coming up, but that's small change compared to when you work in oil and gas and you're used to that kind of living. Our people are used to that. We [don't want to be just] selling trinkets and T-shirts.

To go to the actual bill, what we can see is that in spite of the lofty words by the parliamentary secretary, there has been a real lack of consultation on issues that are very important to northerners.

Part A would amend the Mackenzie Valley Resource Management Act to reverse provisions that would have consolidated the Mackenzie Valley land and water boards into one. These provisions, of course, were introduced by the former Conservative government with Bill C-15, the Northwest Territories devolution act. Part B, of course, would amend the the Canada Petroleum Resources Act.

As I have already noted, this is another anti-energy policy from the Liberal government that is driving investment out of Canada, costing Canadian workers their jobs and increasing poverty rates in the north. Like Bill C-69 before it, Bill C-88 would politicize oil and gas extraction by expanding the powers of cabinet to block economic development, and would add to increasing red tape that proponents must face before even getting shovels in the ground. Further, Bill C-88 reveals a full rejection of the calls by elected territorial leaders for much of the self-autonomy they desire.

We used to look at the north as being an opportunity to be a key economic driver for decades to come. Other Arctic nations, including China and Russia, are exploring possibilities. This could be something that is very important for our sovereignty.

Meanwhile, the Liberals are creating great swaths of protected land. I want to know why that change was originally made to the water and land boards.

In 2007, Neil McCrank was commissioned to write a report on improving the regulatory and environmental assessment regimes in Canada's north. As outlined in the McCrank report, entitled, “The Road to Improvement”, the current regulatory process in the Northwest Territories is complex, costly, unpredictable and time-consuming. The merging of the three boards into one was a key recommendation. Part of the report stated:

This approach would address the complexity and the capacity issues inherent to the current model by making more efficient use of expenditures and administrative resources. It would also allow for administrative practices to be understandable and consistent.

If these recommendations on restructuring and improvements are implemented, the regulatory systems in the North will be able to ensure orderly and responsible development of its resources.

Regarding the move to consolidate the boards, the report went on to state:

...is not meant to diminish or reduce the influence that Aboriginal people have on resource management in the North. Rather, it is meant as an attempt to allow for this influence in a practical way, while at the same time enabling responsible resource development...

I want to note that it was Bill C-15, which the Liberals and NDP voted for, that included that component. It was supported on all sides of the House. It was also included as an available option in the three modern land claim agreements. Bill C-15 looked to streamline the regulatory process and to place time limits on reviews and provide consistency. It was never meant to impact impact indigenous communities and their ability to make decisions. It was to streamline the regulatory process, place time limits on reviews and consolidate federal decision-making.

Certainly, I see this component of the bill as a move backward rather than forward. At this point, it would appear that all of the communities involved want to move in this direction. I believe that is unfortunate. The model I wish they would have worked toward would have been a much more positive one in doing the work they needed to do.

The final part is the drilling moratorium, which is perhaps the most troublesome. It would allow the federal cabinet to prohibit oil and gas activity in the Northwest Territories or offshore of Nunavut if it were in the national interest. This is a much broader power than currently exists in the act, which only allows Canada to prohibit that activity for safety or environmental reasons, or social problems of a serious nature.

I note that the licences set to expire during the five-year moratorium would not be affected, which is seen as somewhat positive by the people holding those licences. However, I suppose if we have a moratorium forever, it really does not matter if one's licence is on hold forever, because it would not be helpful in the long run.

In conclusion, what we have here is perhaps not on the scale of Bill C-69 or some of the other things the government has done, but it just adds to the government's habit, whenever it deals with the natural resource industry, of tending to make it more complicated and of driving businesses away rather than doing what Canada needs, especially right now, which is bringing business to us.

[Yvonne Jones, Liberal, Parliamentary Secretary to the Minister of Intergovernmental and Northern Affairs and Internal Trade]

Mr. Speaker, I rise today mindful that we are on the traditional unceded territory of the Algonquin people.

I am honoured to begin the debate at second reading of Bill C-88, an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other acts. This bill clarifies the legislative and regulatory framework for the development of key regions of Canada's north, the Mackenzie Valley and the offshore areas of the Arctic Ocean and the Beaufort Sea. These regions have vast economic potential but they are also environmentally sensitive. Moreover, these regions have sustained indigenous people and communities who have lived in the north since time immemorial. Those communities, their organizations and governments have a right to a say in how the region is developed.

The bill before us addresses two different acts of Parliament that affect resource development in the north: the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act.

Let me begin with the amendments to the Mackenzie Valley Resource Management Act. I remind the House that in March 2014, the Northwest Territories Devolution Act transferred control of public lands and waters in the Northwest Territories to the territorial government. It is that government that now makes decisions on resource development. It receives 50% of resource revenue within the specific annual limit.

We know the abysmal track record of the Conservatives when it came to respecting and honouring indigenous rights and supporting the people of the north. That act was the perfect example. In 2014, through Bill C-15, the Northwest Territories Devolution Act, the Harper government completely changed the land and water board structure without adequate consultation and in complete ignorance of indigenous rights. Those changes became very controversial within the region as the current member for Northwest Territories knows well. Through many conversations, consultations and meetings, there were many good points brought forward by people in that area.

The Harper government removed three regulatory authorities: the Gwich’in Land and Water Board, the Sahtu Land and Water Board and the Wek'èezhìi Land and Water Board. The Mackenzie Valley Land and Water Board was to remain as a single consolidated land and water board for the Mackenzie Valley. That was what the Conservative government wanted but it is not what the indigenous governments wanted. The indigenous governments and organizations correctly argued that their authorities in land and water management are guaranteed by their land claims and by their self-government agreements and they should be honoured. The Conservative government could not unilaterally abolish their land and water boards. This was just another sad example of the Harper government's tendency to trample on the rights of indigenous people.

In February 2015, the Northwest Territories Supreme Court issued an injunction that halted the provisions that included the restructuring of the land and water boards. The injunction preserved the existing regulatory processes until the court could provide further instruction. At the same time, other measures included in section 253(2) were affected, including a regulation-making authority for cost recovery and consultation, administrative monetary penalties, development certificates, regional studies and the terms of board members. The Conservatives appealed the injunction in March 2015. We heard from stakeholders that that situation not only created mistrust on the part of indigenous governments and organizations toward the Canadian government, but it also created uncertainty that discouraged the responsible development of the region's resources.

In the fall of 2015, in order to better put us on a path to reconciliation and economic development, the then minister of indigenous and northern affairs met with indigenous governments and organizations in the Northwest Territories to find a way forward. The minister announced that she had directed the department to pause its appeal and start the exploratory discussions.

Rather than taking this fight and continuing it in the courts, our goal has been to work with indigenous governments and organizations to identify potential solutions. In the summer of 2016, the minister met with indigenous governments and organizations, and in September 2016, she wrote to the relevant parties to officially begin a formal consultation process. The consultations have been thorough and effective. They have included indigenous governments, organizations, the Government of the Northwest Territories and industry. This is the way to move forward on matters affecting resource development in Canada's north.

The Conservatives' attempt to unilaterally change the regulatory regime set the relationship with the Northwest Territories and indigenous people back by many years. However, with this bill, we are getting back on track and we are working with them to move forward.

The bill removes the board amalgamation provisions and confirms the continuation of the Sahtu, Gwich'in and Wek'èezhìi land and water boards with the jurisdiction to regulate land and water use in their management regions. These regional boards will also continue to be panels of the Mackenzie Valley Land and Water Board. The Mackenzie Valley Land and Water Board will continue to have jurisdiction for the regulation of land and water, including the insurance of land use permits and water licences in the area of the Mackenzie Valley where land claims have not been settled and for transboundary projects.

In effect, this bill repeals the provisions of the Conservatives that challenged the rights of indigenous governing bodies under their comprehensive land claim agreements. Other provisions of the Mackenzie Valley Resource Management Act that were included in the Northwest Territories Devolution Act but were halted by the court injunction will also be reintroduced in this bill.

Specifically, the bill provides for the Governor in Council to make regulations pertaining to cost recovery to indigenous consultation. Development certificates will set out the conditions under which a project can proceed. Administrative monetary penalties can now be established through regulations for violations relating to these certificates. Provisions will allow the establishment of committees for the conduct of regional studies. The bill also provides for the extension of the terms of board members to allow them to complete a proceeding that is under way. This will ensure there is continuity in the process and in the decision-making.

We are setting out a positive way forward for the development of the Mackenzie Valley. It is a way forward that acknowledges the rights of indigenous governments and organizations and will provide certainty to industry. When we listen to northerners when developing policies that affect them, great things are possible and it leads the way to better prosperity for all people in the north.

The second part of this bill involves the Canada Petroleum Resources Act which governs the drilling of oil and gas that takes place offshore in the Arctic. Those offshore drilling operations face a number of technical and logical challenges, including a short operating season and sea ice. We do not yet have the technology to resolve these challenges, but I have confidence that there will be technological solutions that will enable offshore drilling to be undertaken safely in the future.

To get to these solutions, we must be guided by the knowledge of the nature of the challenges. That knowledge will be shaped by science, including both marine science and climate science. We need evidence for effective decision-making that will help us reach the goal of responsible resource development. This science is still in its early stages. The technology will eventually follow. In the meantime, we must take steps to protect a sensitive and vulnerable environment in the Beaufort Sea and the Arctic Ocean.

In December 2016, the Prime Minister announced a moratorium on new offshore drilling in our Arctic waters. The moratorium will be tested every five years through a science-based review. This review, undertaken in collaboration with our northern partners, will provide evidence that will guide future oil and gas activity.

The bill before us would complement the 2016 moratorium and protect the interests of licence holders by freezing the terms of their licences for the duration of the prohibition on oil and gas activity. The licences will not expire during the moratorium. This will allow us to preserve the existing rights until the five-year science-based review is completed. At that point, we will have a better understanding of strategic plans and potential decisions in collaboration with our northern partners, indigenous governments and the governments of the north.

I am pleased to inform the House that the companies that currently hold the existing oil and gas rights and our northern partners have been supportive of responsible development of the Arctic offshore and the strategic path forward. They understand the importance of protecting the unique Arctic environment while pursuing safe, responsible oil and gas activities, activities that create jobs and economic growth in northern indigenous communities. They appreciate the importance of the science-based review in establishing future decisions on Arctic offshore development.

These amendments are fair to existing rights holders and allow us to go forward with a serious review of the science in order to better understand the potential impacts and benefits of oil and gas extraction in the Beaufort Sea. This is sound, sustainable management and is consistent with what our government is already doing regarding science in the north.

The bill before us ensures that indigenous governments and organizations will have a strong voice in the development of resources in their territories. Our goal is to put in place a robust regime that will protect Canada's rich natural environment. It will support a resilient resource sector and at the same time respect the rights and interests of indigenous people.

This bill is part of an ongoing journey toward meaningful reconciliation with indigenous peoples and the protection of our lands and waters. In this way, we are able to foster economic opportunities and growth and protect the environment for future generations.

I urge all hon. members to join me in supporting this bill and supporting the wishes, hopes and aspirations of those who live in Canada's north.

Bill S-6—Time Allocation Motion

[Bernard Valcourt, Conservative, Minister of Aboriginal Affairs and Northern Development]

Mr. Speaker, if this is the 98th time that such a motion has been proposed to the House, it means that this Parliament, our party, our government will have accomplished a lot of work for the benefit of all Canadians.

Bill S-6 is the final legislative step to fully implement the action plan to improve northern regulatory regimes. The bill would complete the northern regulatory improvement legislative agenda. The agenda has included the passage of the Northern Jobs and Growth Act, Bill C-47, and the Northwest Territories Devolution Act, Bill C-15.

I understand the member for the Northwest Territories wanting to keep Yukon on a different playing field than the Northwest Territories. He should be more generous. The bill would level the playing field for all the territories in the north. The regulatory regime would be the same as south of 60, so northerners could benefit from the certainty this would bring to their regulatory regime in that territory.

Motions in Amendment

[Earl Dreeshen, Conservative, Red Deer, AB]

Mr. Speaker, it is an honour to speak to this legislation. After years of review and consultation with first nations and other northerners, with the legislation proposed in Bill S-6 we can now move forward with improvements to northern regulatory regimes. These improvements will yield long-term benefits for individuals and businesses in Yukon and Nunavut.

I am a strong believer that northerners should benefit from the tremendous natural resources found in their region. Bill S-6 contains critical amendments to northern regulatory regimes that would ensure that northerners benefit from their resources. These amendments would bring both Yukon and Nunavut's regulatory systems in line with that of the Northwest Territories and the rest of Canada. This would ensure that the territories remained a competitive and attractive place to work, live, and invest for generations to come and that northern families had opportunities to grow and prosper.

I want to focus on several changes in Bill S-6 that would modernize the Yukon Environmental and Socio-economic Assessment Act, called YESAA for short, which would enable us to make progress on both fronts.

The goal of the proposed legislation is to consider the potential effects that proposed development could have on Yukon's environment, people, communities, and economy.

The Honourable Darrell Pasloski, Premier of Yukon, said:

...it is becoming increasingly clear that changes to this legislation before you today are essential in order for Yukon to remain a competitive place to do business.

This work is overseen by the Yukon Environmental and Socio-economic Assessment Board, whose mission is to protect the environmental and social integrity of Yukon while fostering responsible development in the territory, responsible development that reflects the values of Yukoners and respects the contributions of first nations.

I would like to focus my remarks today on one portion of the bill. It is the provision that would allow the Minister of Aboriginal Affairs and Northern Development to issue policy direction to the YESAA board.

The proposed legislation would enable the minister, following consultation with the board, to provide binding policy direction with respect to the exercise or performance of its powers, duties, or functions. This has raised concerns in some quarters that it would give the federal government authority to impose its own policies on projects on first nation settlement land. I can assure members that this is not the intention of the amendment nor the way it has been used in practice. In reality, policy directions have been used to add clarity and to ensure that all parties are on the same page with respect to existing laws.

The reason the change is being proposed is to ensure a common understanding between the Government of Canada and the board. For example, the minister could use policy direction to communicate expectations regarding the use of new technologies to mitigate environmental impacts or expectations regarding roles and responsibilities related to aboriginal consultation. This clarification would reduce uncertainty and delays in environmental assessment decision-making.

In recognition of the board's independence, there would be strict limits on the minister's ability to provide policy direction. To be precise, policy direction would have to be consistent with YESAA and with the Umbrella Final Agreement. In fact, YESAA states that first nations' final agreements will prevail in the event of an inconsistency or conflict. Furthermore, policy direction could not interfere with active or completed reviews, again because the board operates at arm's length from government.

To be clear, policy direction could not change the environmental assessment process itself. In fact, Bill S-6 explicitly states that policy directions do not apply to project proposals that have already been submitted to the board.

It is also important to note that the ability to issue policy direction is not without precedent. In fact, the Minister of Aboriginal Affairs and Northern Development already holds the ability to issue policy direction to the Mackenzie Valley Land and Water Board in the Northwest Territories. With respect to this board, policy direction has only ever been used four times, and each time it was to ensure that the board respected and upheld interim agreements the Government of Canada held with aboriginal groups.

In short, policy direction has only been used to provide additional protection for aboriginals.

Clearly, this is an important amendment to Bill S-6. The ability to ensure a common understanding by the government and the YESAA board, particularly with respect to aboriginal rights, is essential. Unfortunately, the opposition would remove this power from the bill.

This government understands the importance of protecting aboriginal rights, which is why I strongly oppose Motion No. 10, and I would encourage the rest of the House to join me in rejecting it.

A second, related feature of this proposed legislation I want to comment on is the delegation of federal powers to the Government of Yukon. The Umbrella Final Agreement defines government as:

Canada or the Yukon, or both, depending upon which government or governments have responsibility, from time to time, for the matter in question.

The delegation of federal powers to the Government of Yukon is consistent with the final agreements and with the governance regime in Yukon post-devolution. In fact, section 2.11.8 of the Yukon Umbrella Final Agreement states:

Government may determine, from time to time, how and by whom any power or authority of Government or a Minister set out in a Settlement Agreement...shall be exercised.

Moreover, the principle behind this delegation, that decisions about northern governance are best made in the north, is consistent with our government's northern strategy. In fact, just last year, our government brought into force Bill C-15, which devolved all responsibility for lands and resources out of Ottawa and back to the territorial governments.

This, in short, is why I believe that the ability to delegate authority to the Government of Yukon is an integral component of Bill S-6 and why I am so disappointed to see the Green Party oppose this clause. I strongly oppose the passage of that motion, and I hope that all members of the House join me in voting against it.

The opposition actually supported that initiative when it was before the House, but now they are opposing the very same principle when implemented in the Yukon.

I remind my hon. colleagues that the amendments to YESAA proposed in Bill S-6 address agreed upon recommendations from the five-year review or have been directly requested by the Government of Yukon so that the act can better serve all residents of Yukon, aboriginal and non-aboriginal alike. As well, the proposed amendments incorporate suggestions made during the various rounds of review and consultation.

I also want to underline that all parties have improved the legislation before us during the years of consultation and I want to reinforce that the legislation in no way compromises the integrity of YESAA or conflicts with the provisions or nature of the Umbrella Final Agreement.

For these reasons, government members are confident that Bill S-6, including the carefully constructed amendments to introduce policy direction and delegation in YESAA, fully considers the needs and interests of all northerners.

I strongly believe that the ability of the Minister of Aboriginal Affairs and Northern Development to issue policy direction to YESAB and to delegate authority to the Government of Yukon is an essential portion of this bill. Unfortunately, the opposition would like to see both clauses removed. I am asking all hon. colleagues to join me in defeating the motions and moving Bill S-6 forward as it stands.

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Mr. Speaker, there has been some talk lately about devolution, not only in Bill S-6 but also in Bill C-15. We talked about the devolution of powers to communities. In order to truly devolve powers so that it is fundamentally good for the communities, the communities have to be involved and feel that they are part of the process, whether it is government to government or trilaterally, as the member for Labrador pointed out.

Finally, I would like to point out a statement from Mr. Hartland, of whom I spoke earlier and who is with the Yukon Chamber of Mines. He said:

...as an industry organization we would be remiss if we did not articulate a concern from industry that the erosion of intergovernmental relations among parties...over Bill S-6 is creating a level of uncertainty that affects the attractiveness of Yukon as a jurisdiction to invest in.

This particular individual is on the ground. He is in the chamber in Yukon and knows whereof he speaks.

Therefore, as my colleague points out, if we are devolving powers to a group of people, we should probably do it in a manner that suits the people receiving the devolution.

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Mr. Speaker, I appreciate the time I have been given today as we speak about this very important issue. I am not from the north; I am from Newfoundland and Labrador, but I proudly stand here to discuss this particular bill simply because it is very important to people in a land that is so vast and so rich in natural resources. There is a lot to talk about indeed, and it is a very important part of who we are as Canadians.

I am pleased to have an opportunity to speak to S-6, an act to amend the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Nunavut Surface Rights Tribunal Act.

This particular piece of legislation is the third in a suite of bills aimed at improving the regulatory regime in Canada's northern territories. Unfortunately, like most legislation the government introduces, the bill is being rammed through the House with only a limited debate. It was brought in without proper consultation with local communities and first nations, as has been discussed here in the past and certainly since debate started about 35 minutes ago.

There is a growing feeling in the north that the changes being imposed by the Conservatives through Bill S-6 will endanger the independence and effectiveness of environmental assessments and that it will eventually end up before the courts.

The objective of Bill S-6 is to update the regulatory regime in Yukon and Nunavut and align it with other regulatory regimes throughout Canada.

Among other things, this legislation would introduce legislated time limits for environmental assessments. It would provide the Minister of Aboriginal Affairs and Northern Development with the authority to give binding policy directions to the Yukon Environmental and Socio-economic Assessment Board. It would also allow the delegation of any of the minister's powers, duties, and functions to the territorial minister by way of devolution; enable the government to develop cost-recovery regulatory measures; and reduce regulatory burdens by clarifying that a project need not undergo another assessment when a project authorization is to be renewed or amended, unless there is a significant change in the project. It would also introduce time limits for water licence reviews and allow for life-of-project water licences. It would also require the Nunavut Water Board to take into consideration agreements between Canada, regional Inuit associations, and proponents regarding posting of security to address the issue of over-bonding when more than one regulatory agency requires financial security for the same project.

Unlike Bill C-47 and Bill C-15, the two other bills aimed at improving the regulatory regime in Canada's northern territories, this legislation was introduced in the Senate on June 3, 2014, by Yukon Senator Dan Lang.

Some media reports indicate this particular piece of legislation may become a major issue in the next election, and some pundits question why the member of Parliament for Yukon was not the bill's sponsor. I am sure that over the next four or five months, he will have plenty of opportunity to answer that question and explain why the legislation was not amended when flaws were exposed and why there were no proper consultations with first nations, as many of my colleagues alluded to earlier in this debate.

Unfortunately, one of the strongest criticisms of Bill S-6 was on the absence of any meaningful consultation. For instance, the Council of Yukon First Nations, which represents eleven self-governing first nations, has made it clear that the Conservative government's consultations for the bill were not adequate to merit its support.

That is no surprise, as this particular government has a history of pushing through unwelcome changes in the territories.

For instance, with Bill C-15 the Conservatives passed the Northwest Territories Devolution Act. While devolution was started under a Liberal government, and we strongly supported that process, the much larger second part of the bill included the introduction of the Mackenzie Valley Resource Management Act, which shortened assessment timelines, reduced the role of first nations, and made it easier to approve projects that lacked local support. That was certainly a shame to many of the stakeholders involved and a shame to us here in this House.

The proposed changes in Bill S-6, which we debate today, follow this path of a top-down, Ottawa-centred approach to dealing with the territories. That is the opposite of how Liberals approach northern development.

The Liberal Party of Canada believes that a sustainably developed resource sector is essential to the success of our economy and, if we get it right, will serve as an important foundation for future economic growth and job creation for middle-class Canadians. Our party supports developing resources in the north in a sustainable manner.

Unlike the Conservatives, we recognize that unlocking this economic engine is contingent on environmental sustainability and on impacted aboriginal communities being treated as equal partners. That approach has not been followed in this case. Many people in Yukon and Nunavut believe that Bill S-6 would have a negative impact on their lives and their communities, and they are upset with what the government is trying to pass off as what it considers to be meaningful consultation.

Here is what Grand Chief Ruth Massie of the Council of Yukon First Nations told the committee when it held hearings on the legislation in the north. She said:

The federal government's approach on Bill S-6 is a roadblock to reconciliation. Participants in mining, tourism, and other industries are concerned about how Bill S-6 might adversely affect the future for resource development in Yukon.

Grand Chief Massie went on to say that all eleven self-governing nations on the council unanimously oppose four provisions in the legislation. She said:

We oppose giving the minister full power to issue binding policy direction to the YESAB as proposed in clause 34 of Bill S-6....

On timelines, we oppose the establishment of beginning-to-end timelines for assessments conducted under YESAA.

On exemption from assessment for project renewals and amendments, we oppose the proposed exemption from assessment for renewals and amendments of licences and permits as proposed in clause 14 of Bill S-6.

Clearly there are issues with this legislation and clearly it is not just first nations communities that are concerned. Allison Rippin Armstrong, vice-president of lands and environment at Kaminak Gold Corporation, is worried that Bill S-6 may put a chill on investment in the north. Kaminak, a Canadian exploration company that has owned and explored mineral properties in all three territories, wants an accessible and stable regulatory regime. However, Ms. Rippin Armstrong told the committee that her company is worried that the process through which YESAA would be amended is creating increased distrust and the potential for legal action.

Here is her testimony. She said:

Kaminak is very concerned about this development, because court cases create assessment and regulatory uncertainty in addition to extraordinary delay, all of which erodes investor confidence.

She went on to tell the committee once again that:

Our Coffee gold project has yet to enter the YESAA process. If Bill S-6 is passed and challenged in court, the Coffee gold project and our presence in Yukon is uncertain. Kaminak urges the federal government to resume discussions with the first nations to work collectively toward reaching consensus on the proposed amendments to YESAA and avoid a court challenge.

That is good advice, but it went unheard. Why is the Conservative government not listening to what it is being told and fixing the flaws in this bill? It is obvious that members on the opposite side believe they can unilaterally impose the government's will on the north.

As my colleague from Labrador said when she spoke on Bill S-6, history has already demonstrated that resource development can be environmentally conscious, while also finding trilateral support among aboriginal governments, territorial and federal governments, and the local communities. This, indeed, is the only way to move forward with resource development. It is not just a moral obligation; it is, truly, a legal one.

The member for Labrador was correct when she said:

Unfortunately, despite spending years of working with Yukon first nations on a comprehensive review of the Yukon Environmental and Socio-economic Assessment Act, the federal government blindsided them earlier this year with a number of key changes that are contained in this bill and were not discussed throughout the process.

If the Conservative government persists in ramming these changes through, many observers believe that they will only create more local uncertainty and jeopardize development of the north.

Samson Hartland, the executive director of the Yukon Chamber of Mines, noted his organization enjoys a positive, constructive relationship. He told the committee that the chamber's 400 members want all levels of government to move toward a more respectful dialogue.

We must return to the original, respectful, and collaborative partnership with all aboriginal communities, including recognition of their inherent and treaty rights.

[Mark Strahl, Conservative, Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development]

Mr. Speaker, since 2006, our government has been pursuing the most ambitious northern agenda in the history of this country. From promoting prosperity and development through Bill C-47, the Northern Jobs and Growth Act, to devolving powers to the Government of the Northwest Territories through Bill C-15, the Northwest Territories Devolution Act, to the vision and implementation of the Canadian High Arctic research station, no other government in Canadian history has done more than ours to increase health, prosperity and economic development in the north.

The initiative before the House today, the Yukon and Nunavut regulatory improvement act, or Bill S-6, would represent yet another key deliverable of our government's northern strategy and would be the final legislative step in our government's action plan to improve northern regulatory regimes.

In total, our government has created or amended eight different pieces of legislation in order to ensure that northern regulatory regimes across the north are nimble and responsive to the increased economic activity taking place across the north. This is no small feat. These legislative changes will allow Canada's north to compete for investment in an increasingly global marketplace which, in turn, will lead to jobs, growth and long-term prosperity for northerners. Bill S-6 would continue in this vein.

The introduction of beginning-to-end time limits for environmental assessments included in the bill would align the Yukon regime with the time limits in similar acts within the north, as well as south of 60, and would provide predictability and consistency to first nations, municipalities and industry alike.

This is an incredibly important aspect of Bill S-6 and one that would act to drive economic development across the territory. Unfortunately, the NDP wants to remove these time limits. I take particular exception to Motions Nos. 5, 6 and 7, which would cause the portions of the bill related to time limits to be deleted. This would prevent regulatory predictability and actually hinder growth and prosperity in the Yukon.

Some have argued that the time limits would affect the thoroughness of the assessment process. However, as the Yukon Environmental and Socio-economic Assessment Board's own statistics show, the proposed time limits are either consistent with or more favourable than the board's current practice. In addition, Bill S-6 would include provisions to allow for extensions, recognizing that there may be situations when more time is warranted to carry out a function or power.

A different provision in the act, specifically, the proposed amendment to section 49.1 of YESAA, would ensure that, going forward, reassessments would only be required in the event that the project has been significantly changed.

This is another integral piece of Bill S-6 that the opposition would eliminate. That is why I oppose Motion No. 4. The passage of the motion and the elimination of the clause would prevent the elimination of unnecessary delays and red tape in the approval process.

In the past, projects that have already been approved and permitted could be subject to a new environmental assessment simply because of a renewal or a minor change in the project. The amendment would help to streamline the process and reduce unnecessary red tape where it is not warranted.

The amendment would also make it clear that if there is more than one decision body, which could be a federal, territorial or first nations government or agency that regulates and permits the proposed activity, they must consult with one another before determining whether a new assessment is required. Further still, the legislation would specify that in the event of a disagreement, if only one decision body determines that a significant change has occurred, it must be subject to a reassessment. This would also be consistent with the UFA, the Umbrella Final Agreement, which states in section 12.4.1.1 that projects and significant changes to existing projects are subject to the development assessment process.

Another proposed change would be the ability for the Minister of Aboriginal Affairs and Northern Development to provide policy direction to the Yukon Environmental and Socio-economic Assessment Board.

This is another amendment that the opposition would like to remove from the bill. Motion No. 10 would remove the ability of the minister to issue policy direction.

It is important to remember that the ability to provide policy direction is not a heavy-handed attempt by the government to interfere in the assessment process nor does it undermine the neutrality of the board. Quite the contrary, it is intended to ensure a common understanding between the government and the board, helping to reduce uncertainty in environmental assessment decision-making and helping to ensure the proper implementation of the board's powers in fulfilling its role in the assessment process.

Moreover, this power exists in the Northwest Territories where it has only been used four times, and in each case it was used to clearly communicate expectations on how to address first nations' rights or agreements. For example, it was used in order to ensure that notification was provided to both the Manitoba and Saskatchewan Deline regarding licences and permits in a given region.

By supporting this motion, the opposition would actually remove a tool that the minister could use to ensure that aboriginal rights are protected. Perhaps not surprisingly, during our committee study when we were in the Yukon, the NDP member for Algoma—Manitoulin—Kapuskasing said it was paternalistic for the minister to try to protect aboriginal rights through policy direction. The NDP obviously does not want the minister to exercise the duty he has been given to protect aboriginal rights in Canada, calling that paternalistic. It is completely bizarre.

I want to assure members that this power in no way detracts from the board's independence. YESAB will remain an impartial and independent arm's-length entity responsible for making recommendations to decision bodies.

The legislative amendment also makes it clear that policy directions cannot be used to influence a specific project or change the environmental assessment process itself.

It is for these reasons that I oppose the passage of Motion No. 10, and encourage other members to do the same.

Another amendment of concern is the minister's ability to delegate certain powers in the act to a territorial minister. Some have suggested that this amendment is an attempt by this government to shirk its responsibilities to the Yukon first nations and is inconsistent with the tripartite nature of the land claim agreement.

I want to be very clear that these concerns are completely unfounded. First of all, any delegation must be consistent with the UFA. Second, the Umbrella Final Agreement permits delegation. Specifically, the definition of “government” includes both the federal and territorial governments, depending on which government or governments have responsibility from time to time for the matter in question. Section 2.11.8 of the agreement states that “Government may determine, from time to time, how and by whom any power or authority of Government or a Minister set out in a Settlement Agreement...shall be exercised”.

Not least of all, this measure is in keeping with our government's objective of devolving responsibility to the territories and moving decision-making closer to home. That is, away from Ottawa bureaucracy and right into the hands of Yukoners themselves.

This legislation is clearly both needed and wanted north of 60. It satisfies calls to modernize northern regulatory regimes and ensure consistency with other regulatory regimes across the north and in the rest of Canada, while protecting the environment and strengthening northern governance.

For all these reasons, I urge all-party support for this worthy act as it stands, and to reject all of the amendments to Bill S-6 that are before the House today.

[Mark Strahl, Conservative, Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development]

Mr. Speaker, it is always a pleasure to hear the member for Northwest Territories speak. Even if I do not agree with him, we spent that day together in Yukon and certainly survived the charter flight as well.

I want to talk about the difference of philosophy. Our government believes that northerners are best placed to make decisions affecting their legislation and their lands. That is why we propose to devolve powers to the local government, to the government closer to the people, to the territorial government. We did it in the Northwest Territories with Bill C-15. We have proposed that provision in Bill S-6 as well, to allow the federal minister to delegate powers to the territorial minister.

I would like a clear answer from the member as to why he believes power should remain concentrated in Ottawa instead of devolved to the people in the north, closer to where they live.

Indian Affairs and Northern Development--Main Estimates, 2015-2016

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Chair, it is funny to hear the member talk about the provisions of Bill S-6, which he now opposes. Yet, when we passed Bill C-15, which also contained regulatory measures for the Northwest Territories, he voted for it. He has to make up his mind. Either he is for it or against it.