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.

Final Self-Government Agreement for the Tłegǫ́hłı̨ Got’įnę Act

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes, ON]

Mr. Speaker, I am excited to see those future agreements when they come forward. I would like to say that the government knows where our lines are in the sand. If it is going to impact private property, that is something we cannot really accept on this side of the House. However, if the legislation is laid out clean, as it is here, I think there is greater potential for that to happen.

Of course, this legislation, Bill C-27, is built on the framework of the Déline agreement, Bill C-15, which was brought under Stephen Harper. Again, when it is done properly, we can get things done quickly here.

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes, ON]

Mr. Speaker, I am pleased to rise today to speak to Bill C-27, legislation to implement the final self-government agreement for the Tłegǫ́hłı̨ Got’įnę, for the Sahtu Dene and Métis of Norman Wells in the Northwest Territories. The name breaks down into two main parts: Tłegǫ́hłı is the place where the oil is, and Got’įnę is the government of the people.

At the outset, I want to be clear about the Conservative position. We will be supporting this legislation at second reading and to send it to committee for further study. I mentioned this a few moments ago, but we do so because we recognize the importance of meaningful reconciliation. We respect the rights of indigenous communities to pursue self-governance, and we believe that decisions affecting northern communities are often best made by the people who live, work, raise families and build their futures there.

This agreement before us is the product of decades of mostly Conservative-led negotiations. It builds upon the 1993 Sahtu Dene and Métis comprehensive land claim agreement and represents another step in the long evolution of governance in Canada's north. It recognizes that TGG's inherent right to self-government establishes a new indigenous government and creates a framework through which that government can exercise authority over matters that are of importance to its citizens.

Those are goals, of course, that Conservatives can support. In fact, support for northern self-government and devolution is not new to our party. It is part of a long Conservative tradition that stretches back decades. In 1993, under the leadership of Prime Minister Brian Mulroney and then minister of, at the time, Indian and northern affairs, Tom Siddon, whose wife Pat, I am told, was a strong advocate of good local and constituency work and often attended events on his behalf when he was working elsewhere, Canada signed the Sahtu Dene and Métis comprehensive land claim agreement. This agreement provided certainty. It recognized rights. It established the foundation upon which agreements like the one we are debating today are built.

Years later, under Prime Minister Stephen Harper, Conservatives advanced one of the most ambitious northern agendas in Canadian history. Our government at the time recognized that Canada's north was not simply a remote region to be administered from Ottawa. It is home to vibrant communities, rich cultures, extraordinary natural resources and tremendous economic potential. Prime Minister Harper at the time developed a comprehensive northern strategy built around four pillars: one, exercising Canada's sovereignty; two, promoting social and economic development; three, protecting our natural and environmental heritage; and four, improving and devolving northern governance.

This strategy reflected the simple but very important principle: Northerners are in the best position to make decisions about the future of the north. That principle guided us throughout our term in government. The north has always been a defining part of our national identity, but for too long, decisions affecting the north were made thousands of kilometres away by people who would never experience the consequences of those decisions. Conservatives worked to change that. Then minister of indigenous affairs Bernard Valcourt described devolution as one of the final major steps in the political evolution of the Northwest Territories. He argued that northerners should have the same opportunity as others to make decisions about their lands, their waters, their resources. He was right then, and he is right today.

The Northwest Territories Devolution Act was not simply about transferring administrative responsibilities. It was about trust. It was about recognizing that northerners understand northern realities better than federal bureaucracies ever could. It was also about economic opportunity. Conservatives understood that when communities have greater authority over their own affairs, they can respond more quickly to opportunities that attract investment, create jobs and build prosperity. The success of the Yukon following its devolution demonstrated exactly that. Greater local control led to stronger economic growth, increased investment and greater confidence in the future. This same principle applies today.

Self-government and devolution are not merely constitutional exercises. They are practical tools that allow communities to chart their own course and build a stronger future for the next generation.

That principle guided our support, the Conservative government at the time, for the expansion of the Nahanni National Park Reserve, announced at the time by the late Jim Prentice, who was environment minister, and the late Chuck Strahl, the minister of Indian and northern affairs. Again, that guided our efforts to improve northern regulatory systems. It guided the Northwest Territories Devolution Act, and it guided our support for indigenous self-government agreements throughout the north.

Indeed, in 2015, Bernard Valcourt, Conservative member of Parliament and then minister of Indian and northern affairs, introduced Bill C-15, the Northwest Territories Devolution Act. During debate on the legislation, Minister Valcourt noted that the opportunities and challenges facing the north are best handled by the people who understand them best: the people who live there. That, again, remains true today. The north is not strengthened when decisions are imposed from Ottawa. The north is strengthened when local communities are empowered to shape their own future. That is why Conservatives have always supported devolution.

We believe that local governments understand local needs. We believe that communities understand local priorities. We believe that people are more likely to achieve prosperity when they have greater control over the decisions that affect their lives. The TGG agreement is consistent with that principle. It recognizes that the indigenous population of Norman Wells should have a stronger voice in matters affecting their community, their culture and their future. It creates governance structures that are accountable to their citizens. It allows the community to exercise authority over matters such as citizenship, culture, language, social services and governance.

While we may not always agree with every element of every self-government agreement, we recognize that moving beyond the Indian Act and empowering indigenous communities to govern their own affairs can represent meaningful progress. This agreement contains unique provisions, reflecting the realities of Normal Wells. Unlike the Déline agreement, which the minister spoke about a little while ago and which combined indigenous and municipal governance, this agreement keeps the two separate but has the possibility for a future merging.

The Town of Norman Wells will continue to exist as a municipal government, while the TGG exercises authorities in areas assigned to it under the agreement. At the same time, this agreement contemplates the possibility that municipal powers could eventually be transferred if certain demographic thresholds are met. Importantly, the agreement contains provisions intended to ensure that if such a transaction occurs, the democratic rights of all, indigenous and non-indigenous, are protected. Residents of Norman Wells, indigenous and non-indigenous, would continue to have voting rights and the ability to seek elected office, and of course that matters. Reconciliation and self-government should strengthen democracy, not weaken it. The agreement must work for not only the TGG citizens, but also the broader community that calls Norman Wells home.

One of the most compelling aspects of this agreement is the potential contribution to economic reconciliation. Too often, reconciliation is discussed only in terms of governance, structures and legal frameworks. Those matters are important, but reconciliation must create all kinds of opportunities. Communities need jobs. Families need incomes. Young people need reasons to stay, build careers and raise families in their home community, if they so choose. Economic reconciliation means ensuring that indigenous communities have the tools necessary to participate fully in the economy.

Norman Wells, unfortunately, now faces some significant economic challenges. The region has long depended on resource development. The energy sector has provided employment, investment and revenues that support local services and community infrastructure. Unfortunately, recent announcements regarding the winding down of operations have created uncertainty about the future, and that is the operations of Imperial Oil, as I mentioned a little while ago.

Now, the story of Norman Wells is inseparable from the story of northern economic development. For more than a century, oil production has been part of the community's identity. It is actually in the name of the bill we are discussing today, in the indigenous translation. Norman Wells helped fuel northern development, supported generations of workers and families, and provided economic stability for the entire region.

As I have mentioned many times, the planned wind-down of Imperial Oil operations has created understandable concern throughout the community. Jobs are now at stake, local revenues are at stake and future opportunities are at stake. The Tłegǫ́hłı̨ Got’įnę have been very clear that greater local control over economic decision-making can help address these challenges. They want to be active participants in shaping the future of their region instead of just observers. Conservatives can very much support that objective. We believe indigenous communities should be partners in economic development. We believe resource projects should create opportunities for all. We believe northern communities should have a meaningful role in determining how development occurs within their region.

The future of Norman Wells cannot be built solely on government transfers and bureaucratic programs. It must also be built on jobs, investment, entrepreneurship and responsible development. That is what economic reconciliation looks like. It means ensuring indigenous communities possess not only the authority to govern, but also the tools necessary to create prosperity for their people.

The Tłegǫ́hłı̨ Got’įnę have argued that greater local control over those development decisions can help support economic growth, attract investment and ensure future opportunities benefit the community. Unfortunately, as I mentioned a little while ago, the Imperial Oil company has decided to shut down its operations. It has a pipeline that has existed for decades, line 21, taking energy from Norman Wells into Alberta. The pipeline has come to the end of its useful life. It is caught within three separate environmental assessments. The Prime Minister tells us that we need to build at speeds not known before, yet we are seeing a pipeline in existence for decades, creating jobs, opportunity and wealth, being shut down because of a lack of action by the government.

There are 750 or so people living in the village of Norman Wells and 70% of their tax revenue is from the energy sector. Those people need those jobs, and the government is turning its back on those people. As members have probably guessed, we have always believed that responsible resource development and indigenous participation go hand in hand. We reject the false choice between economic activity and indigenous prosperity. The reality is that everybody, indigenous and non-indigenous, wants jobs. They want opportunities. They want infrastructure. They want partnerships. They want the ability to make their own decisions about development on their own terms.

Economic reconciliation means saying yes to prosperity. It means creating conditions that allow communities to benefit from resources located within their traditional territories. It means ensuring that indigenous governments are partners in growth rather than spectators. That is why Conservatives have consistently supported responsible resource development in the north. For those reasons, Conservatives, again, can support this piece of legislation. We look forward to dealing with it as it goes through committee, probably in the very near future.

We also look at how the government has dealt with a few other indigenous issues within Canada; British Columbia, for one. Of course, the Cowichan Tribes court decision created a lot of questions about fee simple property within the city of Richmond. The government, unfortunately, through a series of bad decisions, led us to the point that we have arrived at today.

In 2018, a directive by the government given to their lawyers not to argue for private property rights was given. The province did the same. Only the City of Richmond argued for fee simple property. Why? We have no idea, but it is the uncertainty that was created because of those decisions.

Now there is a K’ómoks Treaty that has passed the B.C. legislature that will be coming to Parliament at some point. It has neighbouring nations questioning whether consultation was done properly. Neighbouring nations want to wait. They have interests in the territory mentioned in this treaty, overlapping jurisdictions. They have what is called a living document, which means it can be opened every 10 years. That goes against the whole view of establishing a treaty. It is a finality that everyone is looking for; this legislation gives that finality. However, it is not given in the K’ómoks Treaty. Why? We have no idea.

Again, as I said at the start, when things are done correctly, legislation can move very quickly through this House. However, the government continues to do things that boggle the mind, perhaps to create a level of uncertainty within British Columbia so that no development ever happens again. That seems to be what the government is doing here. On the other hand, it is saying it wants to build as fast as possible and get the economy back on track. It cannot do the two at the same time. It cannot create uncertainty in a province that needs access to the Pacific coast. That scares off investment. There has to be that certainty. There has to be the ability to attract that investment. That is the certainty people are looking for, as well as the protection for private property owners so they know their property is protected. That is the underpinning of our society.

I mentioned the Déline agreement earlier. It was negotiated under Stephen Harper and Minister Bernard Valcourt. It was a self-government agreement, as the minister mentioned in her speech, one of five potentially coming our way. The government at the time recognized the potential for people to create their own path forward. Again, that is something we support wholeheartedly. Also, as I mentioned a bit in my speech, although I did not get into it as much as I wanted to, as I am running out of time, a hybrid indigenous-municipal government was created as a result. The town of Fort Franklin is now known as Déline because of the actions by the Harper government to recognize that opportunity means opportunity for all.

Reconciliation means reconciliation on both sides, creating a strong economy and a level of certainty to attract investment and create jobs, opportunity and wealth. What has this government done? In 2022, it basically announced that the Northwest Territories would be a park, shutting down development, shutting down existing pipelines already in operation and shutting down the ability to create opportunities for the local population. That is deeply unfortunate, because the north has so much potential and so much going for it. These are amazing people, and we want to see them succeed.

As the opposition, we will support this piece of legislation, Bill C-27. However, we would like to see the government take a more focused approach to creating economic activity and employing more people in the Northwest Territories.

I only have a few moments left, so I will yield the rest of my time and take questions.

Mackenzie Valley Resource Management Act

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Madam Speaker, what is sad is that the term “reconciliation” has become a buzzword under the government. I take this to heart.

Many members know I have stood in the House, time and again, and have said that my wife and children are first nations. It is troubling for me when some members stand in the House, put their hands on their hearts and say that it is in the best interests of reconciliation, not just with respect to Bill C-88 but also Bills C-69, C-48, C-68 as well as the surf clam scam that took place earlier in this session.

The only part I will agree with in the hon. parliamentary secretary's intervention was when at she said there was enough blame to go around. Nobody should be pointing fingers, saying one group is better than another group. Reconciliation is about creating a path forward. It is not about pitting a first nation against a first nation or a first nation against a non-first nation. It is about how we walk together moving forward.

What I am about to say is not related to all members on both sides of the House. Some members truly understand this. However, time and again some Liberals will stand in the House and say that they support reconciliation or that this is all about reconciliation. Then a heavy-handed policy comes down or words are said, which we call “bozo eruptions”, and there is regret afterward.

I will go back to how we started the spring session. The first female indigenous Attorney General in our country spoke truth to power, and we saw what happened to her.

Bill C-88 is interesting, because it looks to reverse the incredible work our previous government did in putting together Bill C-15.

I will read a quote from our hon. colleague across the way when she voted for Bill C-15. She stated:

As Liberals, we want to see the Northwest Territories have the kind of independence it has sought. We want it to have the ability to make decisions regarding the environment, resource development, business management, growth, and opportunity, which arise within their own lands.

The parliamentary secretary has offered a lot of excuses today as to why she voted for it, such as she was tricked or voted for it for a specific reason. It is easy for members to stand after the fact and say, “I could have, would have, should have” or “This is the reason; my arm was twisted.” However, if we do not stand for something, we will fall for anything. That is what we have seen with the government taking up the eco-warrior agenda to pay back for the 2015 election. That is why we have Bills C-68, C-69, C-48 and C-88.

The parliamentary secretary wants to talk about how Bill C-88 would empower our first nations. Let me offer the House a few quotes.

Mr. Merven Gruben, the mayor of the Hamlet of Tuktoyaktuk, stated:

Tuk has long been an oil and gas town. Since the first oil boom, or the whalers hunting whales in the late 1800 and early 1900s, we have grown up side by side with industry. We have not had any bad environmental effects from the oil and gas work in our region, and we have benefited from the jobs, training and business opportunities that have been available when the industry has worked in Tuk and throughout the north, the entire region.

Never in 100-plus years has the economy of our region, and the whole north, looked so bleak for the oil and gas industry, and for economic development, generally. All the tree huggers and green people are happy, but come and take a look. Come and see what you're doing to our people. The government has turned our region into a social assistance state. We are Inuvialuit who are proud people and who like to work and look after ourselves, not depend on welfare.

I thank God we worked very closely with the Harper government and had the all-weather highway built into Tuk. It opened in November 2017, if some of you haven't heard, and now we are learning to work with tourism. We all know that's not the money and work that we were used to in the oil and gas days that we liked.

He further states:

Nobody's going to be going up and doing any exploration or work up there.

We were really looking forward to this. There was a $1.2-billion deal here that Imperial Oil and BP did not that far out of Tuk, and we were looking forward to them exploring that and possibly drilling, because we have the all-weather highway there. What better place to be located?

The Hon. Bob McLeod, the premier from the Northwest Territories, said that the moratorium was “result of eco-colonialism”.

I speak of the moratorium. The Liberals want to talk about all the work they are doing in standing up for the north and the indigenous peoples in the north. It was just before Christmas when Prime Minister travelled to Washington, D.C. to make the announcement with the then United State President, Barack Obama. There had been zero consultation with northerners, despite consistent rhetoric about consulting with Canada's indigenous peoples. Prior to decision making, the resolution was made unilaterally from the Prime Minister's Office.

The indigenous peoples and the people from the Northwest Territories had about an hour's notice with that. Wally Schumann, the Ministry of Industry, Tourism and Investment, Minister of Infrastructure for the Northwest Territories, stated:

I guess we can be very frank because we're in front of the committee. When it first came out, we never got very much notice on the whole issue of the moratorium and the potential that was in the Beaufort Sea. There were millions and millions, if not billions, of dollars in bid deposits and land leases up there. That took away any hope we had of developing the Beaufort Sea.

Merven Gruben said:

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....

Our hon. colleague, the parliamentary secretary, in response and to pre-empt my speech, called us the government on the other side. We are the government in waiting. We will be government in October. She said that the guys across the way would criticize the Liberals for caring too much about the environment. That is incorrect. We criticize them because they put the priorities of the environmental groups like Tides, World Wildlife Fund and like Greenpeace ahead of the local stakeholder, the indigenous peoples who are saying that they are tired of being poster boys for these eco-groups.

If my colleagues do not believe me, I will read some quotes.

Calvin Helin, chair of Eagle Spirit Chiefs Council, said “What the chiefs are starting to see a lot now is that there is a lot of underhanded tactics and where certain people are paid in communities and they are used as spokespersons.” He also said, “Essentially (they are) puppets and props for environmental groups to kill resource development” and “It’s outrageous and people should be upset about that…the chiefs are....”

Also, Stephen Buffalo, president and CO of the Indian Resource Council said, “Since his government was elected in 2015, Prime Minister Justin Trudeau has repeatedly—

Third Reading

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, first I want to acknowledge that we are on the traditional territory of the Algonquin Anishinabe people.

I have a speech, but I think I will start by trying to answer questions and concerns that have been brought up. If I do that, then members could vote unanimously for this bill.

The first thing members have been asking is why there are only five more hours to debate this bill. For a lot of bills, that would be a valid question, but at this particular time we have had Conservative after Conservative getting up and not talking about the bill. We heard a lot about Bill C-48, Bill S-6, a letter from premiers not related to this bill, Bill C-15 and a northern moratorium.

I have been here awhile, and last night I witnessed an amazing situation. One of the Conservative speakers, in a 10-minute slot to speak on this bill, spent nine and a half minutes talking before they got to the bill, and then answering three questions by not referring to anything in the bill.

If the public wonders why Parliament has decided to call time allocation on this bill, it is obviously because the Conservatives have nothing more to say. We have heard the same arguments over and over again, and they are not valid. I will go through them one by one right now.

I am not sure why a party would want to stretch out a debate on a terrible injustice that it has caused, and it has done this a number of times. It is strange. Why would they want to put that in the light? Why would they not want to fix that injustice by supporting this bill? One of the members mentioned that he was not here at the time that it happened, so in good justice, he could support the bill.

People have asked what we have been doing for the last four years and why we did not debate this bill earlier. Some of the people in the House now have actually asked this question. This Liberal government has passed something like 85 bills. I think some members' constituents would like to ask them where they have been while these very important 85 bills were being discussed and debated.

One bill in particular was in the exact same situation as this one. It was Bill C-17. Again, the previous government had unlawfully, either technically or in spirit, abrogated a modern treaty, a constitutionally protected treaty, and tried to pass a law that got around it. That was certainly disrespectful.

Some may ask why Liberals did not get more things done, and a good example was what happened when Bill C-17, related to the treaty, was ready to pass. There was a grand chief, chiefs and aboriginal people here in the galleries. It cost thousands of dollars for them to get here from the Yukon. What did the Conservatives do at that time? They called a dilatory motion that the next speaker be allowed to speak, and then the bill could not be done. Some members ask why things are not done, yet they continue to do tricks like that.

This particular bill broke a constitutionally protected treaty, as I said earlier, a land claim. The members opposite have asked—and it is a good question for the ones who were not here before—why Liberals voted for that bill. This question has been brought up a number of times. The reason is that the part of the bill in which the law was broken in spirit or in technicality was snuck in in a much larger devolution bill.

The devolution bill transferred the remaining federal powers to the territorial government. That was a tremendous move, and that is why the party supported that initiative. Unfortunately, even though the people affected by this wanted this taken out and some parliamentarians tried to get it out, the Conservatives pushed ahead with the bill, and that is why the other parties voted for it.

Another concern the Conservatives have noted a number of times is that there are two parts to the bill. I think the member for Northwest Territories corrected them and said there are three parts. Nevertheless, they said there is part 1 and part 2, and there was no consultation regarding part 2. That is not true at all. When we consulted, we consulted with all the local governments involved regarding the entire bill, both part 1 and part 2. Shortly, I will read to members some of the things they said, because the opposition has suggested they did not support both parts of the bill.

The bill concerns the Sahtu, the Gwich’in and the Tlicho. When the Tlicho signed its constitutionally protected land claim and its self-government agreement, I was parliamentary secretary to the Minister of Indigenous Affairs. At that time, unfortunately, we had to fight against the Conservatives to get that agreement signed. At least the Conservatives can now make peace with that wrongdoing of the past and support the bill.

I will read some comments of support, because the Conservatives have said that indigenous groups did not support part 2 or the bill.

Grand Chief George Mackenzie, from the Tlicho Government, said, “We urge the community to move swiftly and decisively to ensure that Bill C-88 comes into force during the current session of Parliament.”

David Wright is legal counsel to the Gwich'in Tribal Council. I say to David, drin gwiinzih shalakat. He said the following at the INAN committee:

If Bill C-88 is not passed, not only will Canada not have fulfilled its commitment to Northwest Territories indigenous communities, but these communities will be forced back into time-consuming, expensive, acrimonious litigation, all adversely affecting that treaty relationship and the broader reconciliation project. Further, this would generate regulatory uncertainty that benefits no one....

I know the Conservatives have spoken against uncertainty in the past, so that is another reason for them to support the bill.

Premier McLeod and Grand Chief George Mackenzie, in a joint letter, said:

[W]e are hopeful that Bill C-88 will proceed expeditiously through the legislative process and receive Royal Assent [in this Parliament].... The negative implications of the status quo are significant.

Mervin Gruben was also quoted as supporting the bill, as well as Duane Smith from Inuvialuit. It was suggested he was not allowed to come to committee, but he was actually invited. He did provide a written submission, and it was nice to have that information added to the record.

A Conservative member talked about not listening to indigenous people and indigenous voices. The member said that not listening to the people of the north is arrogance. I just read that the four governments involved, the Sahtu, the Gwich’in, the Tlicho and the GNWT, all support the bill. Conservatives are right; we should listen to those people. They should listen to those people as well, along with the rest of the parties supporting the bill, and support the bill.

Another thing the Conservatives have talked about a lot is support for resource development. I am sure all other parties agree with sustainable development. It is another reason the Conservatives should vote for the bill. I will read some comments about how the bill promotes and ensures this.

Chief Alfonz Nitsiza, from the Tlicho Government, said:

[F]ailure to resolve this matter co-operatively would damage our treaty relationship and undermine the process of reconciliation as directed by the courts. Long-term regulatory uncertainty for any reason will damage the economy of the Northwest Territories, including within the Tlicho community. This is all avoidable with the passage of Bill C-88.

David Wright, legal counsel to the Gwich'in Tribal Council, said, “Bill C-88 is a step toward certainty in the Mackenzie Valley, and that is a step that should be taken at this time”.

Finally, Premier McLeod said:

The proposed amendments to the MVRMA in Bill C-88 would increase certainty around responsible resource development in the Northwest Territories. That certainty is something our territory needs as we continue to work with the indigenous governments in the territory to attract responsible resource development.

Conservatives, to be true to the values they so eloquently put forward on resource development, can support those values by supporting this bill.

I support Bill C-88, an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act. Although the debate so far has focused on the content of the proposed act, I want to talk about what is not in Bill C-88 and why it would be a mistake to make major amendments at this stage.

Amending Bill C-88 at this stage of the process would defeat its overall purpose, which is to resolve a court challenge arising from the previous government's decision to merge the land and water boards without holding appropriate consultations.

The Northwest Territories Devolution Act, Bill C-15, was assented to in March 2014. The act transferred the administration and control of public lands and waters to the Government of the Northwest Territories and amended the Mackenzie Valley Resource Management Act. The act includes provisions restructuring the Mackenzie Valley land and water boards.

The Tlicho government and Sahtu Secretariat Incorporated challenged the changes to the Mackenzie Valley Resource Management Act that would have dissolved their regional land and water boards. They argued that theses changes violated their land claims agreements and infringed on the honour of the Crown. They added that the consultations had been inadequate. On February 27, 2015, the Supreme Court of the Northwest Territories granted an injunction that suspended the proposed board restructuring, along with the coming into force of other regulatory amendments.

I would like to point out that those regulatory amendments, which included the addition of a regulation-making authority for cost recovery, administrative monetary penalties, development certificates and other provisions related to regional studies, all passed through the parliamentary process in 2014. Those same provisions are being presented today. However, they were rewritten to ensure that they could apply under the existing four-board structure. They were not part of the court challenge. Bill C-88 responds to the court challenge by reversing the provisions to merge the boards and re-introducing some regulatory elements that are applicable under the existing four-board structure.

On September 23, 2016, the Minister of Crown-Indigenous Relations sent a letter to indigenous governments, organizations and stakeholders to launch the consultation process on Bill C-88.

Consultations were held with indigenous governments and organizations in the Mackenzie Valley, transboundary indigenous governments and organizations, resource co-management boards, organizations from the mining, oil and gas sectors, and the territorial government. To ensure that the indigenous governments and organizations were able to fully participate in the process, the Government of Canada provided funding to these groups and to the resource co-management boards that took part in the consultations.

Representatives from Crown-Indigenous Relations and Northern Affairs Canada, or CIRNAC, held a teleconference with stakeholders to consider next steps and to discuss the consultation plan. A legislative proposal to repeal the board restructuring provisions was drafted and submitted to the groups for review. During the review period, the groups had the opportunity to meet with CIRNAC representatives in Yellowknife to talk about the content of the proposal and to ask questions. This was also an opportunity for CIRNAC representatives to determine whether any part of the proposal was unclear or could be improved, based on the feedback they received.

I will not have time to finish, but I do not want to miss this particular point. The only other questions someone could ask that I have not already answered are whether the consultation that was done was serious and, although they were in agreement at the end, whether any changes were made. The answer is yes. I will give an example of two of the changes that were made.

The first was that because of the consultations with the people involved, a court jurisdiction related to a judicial review of administrative monetary penalties, AMPs, was modified in order to ensure consistency with the exclusive jurisdiction of the Northwest Territories Supreme Court under section 32 of the Mackenzie Valley Resource Management Act.

A second change was that consultation obligations related to the AMPs were added to the bill to ensure consistency with the comprehensive land claim agreements.

The only other thing I think someone might ask is related to the position of national interest and whether this is the only case of that. The answer is no; it is a clause, an idea, that comes up in different legislation. I will give members some examples from the north: the Mackenzie Valley Resource Act, Statutes of Canada 1998, chapter 25, section 130, and the Nunavut Planning and Project Assessment Act, Statutes of Canada 2013, chapter 14, section 2.

Section 94 of the Mackenzie Valley Resource Management Act provides for the federal minister to refer a proposed project to the Minister of Environment for the purpose of a joint review of the Canadian Environmental Assessment Act if it is in the national interest to do so.

The Nunavut Planning and Project Assessment Act also provides for the responsible minister to reject a board decision or to reject or vary recommended terms or conditions if it is in the national interest to do so.

A few close references can also be found in section 51 of the Yukon Act, Statutes of Canada 2002, chapter 7, and in section 57 of the Northwest Territories Act, Statutes of Canada 2014, chapter 2, section 2.

To boil it all down, basically an act was passed that abrogated the land claim and went against a constitutionally protected law of Canada, which we cannot change by just doing another law. Of course, the court found that out and would not let it go ahead. All this bill would do is to put into law what the court had ordered.

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Mr. Speaker, we are indeed talking about Bill C-15, which this bill seeks to replace. I was in Parliament when Bill C-15 was passed under the Conservative government. It sought to replace the regional councils in the Northwest Territories with one large pan-territorial council.

The problem is that those regional councils were created as a result of land claim and self-government agreements with indigenous governments. The regional councils were created through nation-to-nation agreements. The Conservatives unilaterally overruled those decisions without consulting the indigenous peoples involved.

I would like to know why the member wants to go backward. Why he does not want to have this conversation and work on this nation-to-nation relationship that was undermined and ignored by the Conservatives?

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Mr. Speaker, I should note that I was not here when Bill C-15 first came forward under the previous government. However, of course, the Liberals voted for Bill C-15 in the last Parliament. Here they are now, saying it is no good, yet at the time, they voted for it. It is really interesting.

So what is the national best interest regarding the oil and gas in this country? Today, we saw the Prime Minister ridicule six premiers of this country, including the Premier of the Northwest Territories. They have major concerns over Bill C-69 and Bill C-48, and the Prime Minister took shots at all six of them today in the House.

[Michael McLeod, Liberal, Northwest Territories, NT]

Mr. Speaker, I am aware that Bill C-15 was a Conservative bill that really shattered the confidence of the indigenous people in the Northwest Territories.

It was a bill that never should have come forward. It is a bill that we are trying to correct today. There is an opportunity for my honoured colleague from across the way, who I travel with most weekends to return home, to support this bill. He has the opportunity to stand up now and support Bill C-88. I would appreciate it if he would do so. I think he knows the bill. He knows how important it is to the Northwest Territories. I think he is quite supportive of indigenous governments and resource development.

This would provide reassurance. I would ask the member to stand up and support this bill. Let us clear up some of the wrongdoings from the past.

[Pat Kelly, Conservative, Calgary Rocky Ridge, AB]

Mr. Speaker, I have travelled with the member to his territory a couple of times, and I know how important it is to him that the residents of his riding have access to employment opportunities. I know that is important to him and to the people of the Northwest Territories.

In his remarks and in general in the debate on this, there has been heavy criticism of Bill C-15 from the previous Parliament. Neither of us was in the previous Parliament. Is the member aware that his party voted for Bill C-15, the bill that the Liberals are now describing as this terrible, poor bill that needed to be undone by the government?

Bill C-88—Time Allocation Motion

[Michael McLeod, Liberal, Northwest Territories, NT]

Madam Speaker, in the previous government, Bill C-15 was created in 2014 with complete disregard for the land claims agreements. The Mackenzie Valley Resource Management Act was created through the negotiations of land claims, and it certainly destroyed the trust factor with indigenous people in the Northwest Territories.

I want to ask the member if she would talk a little about how Bill C-88 would re-establish trust with indigenous people in the Northwest Territories, protect their constitutionally protected land claims and self-government agreements and restore legal certainty.

Third Reading

[Michael McLeod, Liberal, Northwest Territories, NT]

Mr. Speaker, I appreciate the opportunity to express my support for Bill C-88, which would amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act.

For too long, indigenous people have been left out of the planning and decision-making that directly affects their lands and communities and the ways in which they express and nurture their culture and traditional ways. Historically, the model for managing resources in the Northwest Territories did not give meaningful consideration to indigenous participation; environmental safeguards were not sufficient and economic gains were not distributed fairly.

It is not uncommon to hear elders speak of past developments occurring against their will and, in some cases, allowing destruction of traditional land use areas or family dwellings. Decisions did not provide for input from community members and did not consider local or traditional knowledge. Most decisions were not made by people who resided in the north. A host of abandoned projects leave reminders that environmental safeguards were not in place to protect and respect the resources that indigenous peoples have relied on for centuries. Resource royalty schemes and impact benefit agreements were not in place to allow for shared economic opportunities.

The personal accounts shared by indigenous peoples at public meetings, workshops and other meetings evoke historic wounds. They provide insight as to why community members are apprehensive about government-led processes. That was the old way of doing business before the Mackenzie Valley Resource Management Act, a piece of legislation established in 1998 that created the existing integrated co-management system where comprehensive land claim agreements are the underpinning of the system. It is a leading global example of a collaborative decision-making system that guarantees the participation of indigenous peoples.

Modern treaties clarify how resources will be co-operatively managed, how parties will work together to make decisions, and how economic measures are to be implemented. The regime involves land and resource ownership and access, land use planning, permitting and licensing, environmental assessment, and wildlife and renewable resource management. Co-management boards made up of members from federal, territorial and indigenous governments and organizations participate in the decision-making processes.

In some cases, these co-management boards are responsible for developing policies and guidelines that shape how resources are managed in the north. It is a participatory system that gives everybody the opportunity to offer their knowledge and expertise. Elders, harvesters and community members can offer their knowledge orally, in their language, in their communities, to board members they know and trust and create the opportunity for better decisions that are supported regionally.

Since enacted, the Mackenzie Valley Resource Management Act regime grew, learned and has support from all sides, aboriginal communities and governments, territorial government and industry. The system was working as intended.

However, there are those that do not want a robust, inclusive and effective regulatory process and they set about on a so-called road to improvement. The amendments brought in by the previous Conservative government to move decisions away from regional community members and restructure the land and water boards was simply a backward move reminiscent of the bad old days. Under the guise of “streamlining” and “efficiency”, the Conservatives parachuted this amendment into the much wanted NWT Devolution Act. Amalgamating the boards without the consent of indigenous partners would destroy these opportunities and, as a result, would also jeopardize industry's desire to do business in the north.

The bill before the House today seeks to undo the board restructuring provisions. It seeks to maintain the existing regulatory board structure that was negotiated through land claim agreements.

Bill C-88 would acknowledge and support the rights of indigenous and northern peoples, would honour existing agreements, would support a system that local people believe in, and would continue to provide for communities to make meaningful decisions about their lands, about their lives and about their future. That would be a significant and desirable outcome of this bill.

Bill C-88 would repeal the provisions that sought to amalgamate the boards and would reintroduce the regulatory elements to function under the existing four-board structure. However, the bill would do more than that. In fact, there are many provisions that would modernize and improve the system that were also put on hold. The elimination of regional land and water boards would have violated the terms of these agreements.

By reversing the provisions that sought to restructure the board, Bill C-88 would honour the terms of the land claim agreements as well as the commitment of this government to move forward with reconciliation. Bill C-88 would authorize the Government of Canada's moratorium on oil and gas activity in the Arctic offshore to enable a science-based review. The review would incorporate traditional Inuit knowledge, which is known as IQ, or Inuit Qaujimajatuqangit. Developed over millennia of Inuit expertise and interaction with the land, IQ emphasizes collaboration, stewardship, resourcefulness and the acquisition of skills. Including IQ in the review of development projects in the Arctic would clearly support reconciliation.

The United Nations declaration calls for meaningful consultation, respectful relationships and the consent of indigenous peoples before proceeding with economic development projects.

The consultant who was hired to do the work on Bill C-15 openly admitted that he received direction from the previous minister. He said that he may have heard it or he may not have. I take it that it was clear to him what his job was. Before he even started the consultations, all of us in the Northwest Territories knew what his goal was. He came and met with the cabinet I sat in, and we all questioned why he wanted to change the board system to a superboard. This was before he even started consultations. Everyone in the north knew what his marching orders were.

It was very interesting to see the report and to hear him speak before the committee. He stated that the Conservative government did not follow his wishes and that he had, in fact, recommended that a land use plan for every indigenous government be put in place right across the north prior to moving forward with a superboard concept. However, the government of the day decided that it did not want that part. It just wanted to move forward with the superboard.

The consultant who was hired had no experience dealing with indigenous governments. He was an oil and gas specialist who operated in Alberta. When the consultant came north, his first meeting resulted in all governments at all levels stating very clearly that they did not want to see the changes. They did not want to see this concept of a superboard move forward. He did not show up for the second meeting. Everyone else showed up, but there was no consultant in sight. He did not come.

The report came forward saying that the government should change the system and that it did not work well. When I questioned the consultant at committee, he stated that indigenous governments said one thing in public but came to him afterward and whispered that they loved this whole change. I have not found that anywhere when I have called indigenous governments about that message. Nobody will take ownership of those words. I do not know how one can write a report when one never heard it publicly, and I do not know how a government can follow a recommendation when there was really no quality process.

In closing, I want to point out that there is a difference in the way our government does consultation versus how the Conservative members across the way do it. They brought forward a flawed system that did not take into account any of the indigenous governments' positions and they did not respect any of the words that were brought forward to them. We have now a process where all of the indigenous governments are in favour. We have the Tlicho, the Gwich'in, the Sahtu and the Government of the Northwest Territories. The Premier of the Northwest Territories appeared at the Standing Committee on Indigenous and Northern Affairs. The Premier of the Government of the Northwest Territories said that he supports Bill C-88 and wants it to go forward. The grand chief of the Tlicho appeared—

[John Brassard, Conservative, Barrie—Innisfil, ON]

Mr. Speaker, a couple of things are not lost on me this evening. First is the fact that the Raptors were down by three points with about six minutes left. That may have changed; I do not know. Maybe the page can provide an update on the latest score.

The other thing that is not lost on me is the fact that the government House leader just came down with the hammer again, effectively stopping debate on an issue that the members on this side of the House feel is important to speak about.

We heard the member for Kamloops—Thompson—Cariboo speak about this issue earlier tonight. The member for Dauphin—Swan River—Neepawa spoke about this. I have been in this House most of the time during this debate, and that was one of the best assessments of this piece of legislation and the consequential impact it would have on our natural resource sector. I mentioned earlier, when the hon. member was speaking, that it was almost like taking a knife to a gun fight with respect to some of the questions that were coming, not just because of the member's experience working in the Mackenzie Valley as a biologist and understanding these issues, but because the knowledge the member has of our natural resource sector is just incredible.

The hammer comes down once again, and it comes down because there are nine days left in this session of Parliament, assuming we are not recalled in the summer for some other circumstance, and the government has completely mismanaged the legislative agenda of the House. The Liberals had an opportunity to bring this legislation forward far in advance of where we are this evening at 11:17 p.m. on June 10. Now that their backs are up against the wall, not just on this piece of legislation but on other pieces of legislation, the hammer drops tonight. They will no longer be debating this issue, in spite of its importance.

It is not just this piece of legislation that is a problem. It is an incremental, systematic destruction of our natural resource sector through other pieces of legislation. I will remind members of them: Bill C-69, Bill C-48, Bill C-86 and Bill C-55. All of these pieces of legislation are intended to effectively handcuff our natural resource sector and bring Alberta and Saskatchewan and the western producers and manufacturers of oil and gas in this country not just to their knees, but begging on their knees for the government to do what it needs to do and not destroy this important sector of our economy.

This sector is important for many reasons: not just for the transfer payments that it has provided so that various regions of Canada can prosper from the success of our natural resource sector, but also because the social fabric of this country is largely based on the revenues that are created from our natural resource industry. Every single Canadian depends on what our natural resource sector can provide: proper health care, proper social safety systems and the ability to look after the most vulnerable in our society, including indigenous communities, which have prospered in the past as a result of Canada's success. That success is not just economic. It is our success from an environmental standpoint, to make sure we get our product out of our country in an environmentally sustainable manner. It is sad that we are at this point.

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, consists of two parts. Part 1 amends the Mackenzie Valley Resource Management Act, which was initially passed under the Chrétien Liberals in 1998 and amended by the former Conservative government within Bill C-15, the Northwest Territories Devolution Act.

I will remind the House that a major component of Bill C-15 was the restructuring of the four land and water boards in the Mackenzie Valley into one. Following passage in 2014, the Tlicho government and the Sahtu Secretariat filed lawsuits against Canada, arguing that restructuring violated their land claim agreements.

In February 2015, the Northwest Territories Supreme Court issued an injunction preventing the board restructuring provisions from coming into force until a decision on the case was issued. The Liberals paused that legal battle shortly after forming government, and there is more to that.

More concerning about Bill C-88 is part 2, with respect to the Liberals five-year moratorium on oil and gas exploration.

Bill C-88, and particular part 2, is also quite concerning as is the five year moratorium on oil and gas exploration in the Beaufort Sea. The bill would amend the Canada Petroleum Resource Act to allow the Governor in Council to issue orders, when in the national interest, to prohibit oil and gas activities and freeze the terms of existing licenses to prevent them from expiring during that moratorium.

Again, as I said earlier, this is a consistent and systemic pattern of the Liberal government to want to control almost every aspect of our natural resource sector through Governor in Council orders. That would place the decision-making powers effectively in the hands of the minister and in the hands of the executive branch of government through cabinet order.

Think about this as an investor looking to invest in Canada. One of the things investors look for the most is certainty. They want to know that if they are going to park their money in the type of investments within our natural resource sector, that it is going to provide a profit, not a bad word, especially for those who are investing. They need to know whether there is actual certainty in the process itself.

After having invested all this money to investigate the potential of investing in Canada, all of a sudden it goes to cabinet or the minister and the minister decides again, like the government House leader did tonight, to bring down that hammer on the investment, saying the government is not going to approve this for whatever reason, mostly based on ideology. If I am planning on investing multi-billions of dollars into the Canadian resource sector, why would I do that?

It is not just that uncertainty it has created, but we also have a government that has clearly indicated to the investment community in the natural resource sector its intent, through its ideology, of flipping the switch.

The Prime Minister effectively stated as much in his travels around the world. When he spoke in Paris and said that he would shut down the natural resource sector tomorrow if he could, did he think what he said would not travel back to Canada? That message was heard loud and clear not just in Canada, but in North America by those investors who were willing to look to Canada as a safe haven to invest and grow their businesses.

It is particularly troubling when the government says, as the Government House Leader did just 10 minutes ago, that it is going to shut down debate. It is important that voices in the House speak to that issue in particular. It is important that Canadians know what the incremental systemic plan is of the government to shut down our natural resource sector and effectively chase investment away.

Where is that investment going? Clearly, all of that money is going down to the United States. We saw that with Trans Mountain. The government bought the Trans Mountain pipeline. Where did that money go? It went back down to Houston to be reinvested into a more friendly environment for investment into natural resources. Arguably, the American economy is firing on all cylinders, being led by the natural resource sector. It is building pipelines like it has never built them before. It is building deep water ports like it has never built them before. All of this is to make sure it gets its products to global markets where the demand is great. That demand is going to continue, whether Canada and a Liberal government decide it is not going to participate in that or whether other competitors of Canada, like the United States, decide they are going to make sure they get their products to market. All of these incremental pieces of legislation that have come up, this one within the last nine days of Parliament, are intended and designed to shut down our natural resource sector.

Today, in an unprecedented move, premiers from six provinces signed a letter. I am not sure in the history of this country whether that has been done. There have been other issues of national importance where premiers have gathered together and discussed with the prime minister certain issues that were impacting them, but collectively, as a group, I am not certain whether that has been done. They sent a letter to the Prime Minister today, which is public. I want to read it into the record so that Canadians are clear on just how serious this issue is, not just on a regional level in Alberta and Saskatchewan, but now we are finding out with Manitoba regarding the hydro electric line that the government is getting in the way of, which is effectively a clean energy project. There is significant concern within the confederation, so much so that these six premiers wrote this letter today.

It states:

Dear Prime Minister,

We are writing on behalf of the Governments of Ontario, New Brunswick, Manitoba, Saskatchewan and Alberta and the Northwest Territories. Collectively, our five provinces and territory represent 59 per cent of the Canadian population and 63 per cent of Canada’s GDP. We are central to Canada’s economy and prosperity, and it is of the utmost importance that you consider our concerns with bills C-69 and C-48.

Canadians across the country are unified in their concern about the economic impacts of the legislation such as it was proposed by the House of Commons. In this form, the damage it would do to the economy, jobs and investment will echo from one coast to the other. Provincial and territorial jurisdiction must be respected. Provinces and territories have clear and sole jurisdiction over the development of their non-renewable natural resources, forestry resources, and the generation and production of electricity. Bill C-69 upsets the balance struck by the constitutional division of powers by ignoring the exclusive provincial powers over projects relating to these resources. The federal government must recognize the exclusive role provinces and territories have over the management of our non-renewable natural resource development or risk creating a Constitutional crisis.

Bill C-69, as originally drafted, would make it virtually impossible to develop critical infrastructure, depriving Canada of much needed investment. According to the C.D. Howe Institute, between 2017 and 2018, the planned investment value of major resource sector projects in Canada plunged by $100 billion....

That money is gone.

It continues:

[This is] an amount equivalent to 4.5 per cent of Canada’s gross domestic product. To protect Canada’s economic future, we, collectively, cannot afford to overlook the uncertainty and risk to future investment created by Bill C-69.

I would argue, incrementally, Bill C-88 as well.

It further states:

Our five provinces and territory stand united and strongly urge the government to accept Bill C-69 as amended by the Senate, in order to minimize the damage to the Canadian economy. We would encourage the Government of Canada and all members of the House of Commons to accept the full slate of amendments to the bill.

The Senate Committee on Energy, the Environment, and Natural Resources heard 38 days of testimony from 277 witnesses including indigenous communities, industry, Premiers, and independent experts. Based on that comprehensive testimony, the committee recommended significant amendments to the bill, which were accepted by the Senate as a whole. We urge you to respect that process, the committee’s expertise, and the Senate’s vote.

If the Senate’s amendments are not respected, the bill should be rejected, as it will present insurmountable roadblocks for major infrastructure projects across the country and will further jeopardize jobs, growth and investor confidence.

Similarly, Bill C-48 [and again I would argue Bill C-88] threatens investor confidence, and the tanker moratorium discriminates against western Canadian crude products. We were very disappointed that the Senate did not accept the recommendation to the Senate Committee on Transport and Communications that the bill not be reported. We would urge the government to stop pressing for the passage of this bill which will have detrimental effects on national unity and for the Canadian economy as a whole.

Our governments are deeply concerned with the federal government’s disregard, so far, of the concerns raised by our provinces and territory related to these bills. As it stands, the federal government appears indifferent to the economic hardships faced by provinces and territories. Immediate action to refine or eliminate these bills is needed to avoid further alienating provinces and territories and their citizens and focus on uniting the country in support of Canada’s economic prosperity.

That was signed by six premiers and territorial leaders: the Hon. Doug Ford, the Hon. Blaine Higgs, the Hon. Brian Pallister, the Hon. Scott Moe, the Hon. Jason Kenney and the Hon. Bob McLeod, Premier of the Northwest Territories.

We need to focus on uniting the country in support of Canada's economic prosperity. That is what this is all about: making sure that Canada has economic prosperity in all sectors.

I know that the government is focused on new technologies, new innovation and green energy. We should all be focused on these things, but we have to take a parallel path. We cannot simply shut or blockade this path for the sake of moving down that path, a path that will require time, energy and significant investment if we are to move to a green economy, if we are to move to the sustainable development of the government's ideology.

Unlike what the Prime Minister says, we cannot flip the switch on our natural resource sector. We have to continue to support it, and we have to continue to support it not just in an environmentally sustainable way. I would argue that Canada has always done that. Canada is a world leader in innovation and technology as it relates to energy extraction in this country and around the world. We have that capability.

Why are we implementing legislation and putting the power into the hands of a government and cabinet whose ideology does not conform with what most of Canada would like to see? That is that we continue to extract and use our natural resource sector and stop buying and relying on energy from other countries. There are millions of barrels being purchased from our greatest competitor, the United States, and from countries with despotic regimes, such as Saudi Arabia and Venezuela.

We have the ability in this country to do what we need to do to ensure economic prosperity for all, prosperity for Canadians across this country, from Newfoundland to British Columbia to northern Canada and to indigenous communities in between. We have that capability.

I said it earlier and will again echo the words of Premier Frank McKenna. It is time we had a truly national debate about whether we want to be a carbon-producing country. In doing that, only then will we determine the risk and the reward of that decision.

Mr. Speaker, I thank you for your time tonight, and if you would indulge me, could you tell me how the Raptors are doing? I got an update, but I would like another update.

Mackenzie Valley Resource Management Act

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, it is my pleasure to rise in the House 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.

Normally, I am even more pleased to rise in the House, but I want to point out that we are here sitting late in the session. At 10:15 in the evening, I am sure most other people are watching the Raptors game.

I want to point out that the Liberal government is rushing through a lot of legislation at the last minute. We have seen a bill today that was just introduced two weeks ago and that the government is moving closure on. The Liberals have moved closure on this bill in a big rush. They have woken up like a teenager at school and realized that the end of the session is upon them and they have not finished any of their assignments.

I am happy to be here and debate this legislation. I do not have any family or a spouse who would be an issue. However, a lot of members do have young families or spouses. We talk about this being a family-friendly Parliament. A lot of rhetoric often goes on by members on the other side, but we can see that the Liberals are using their powers as government to drive an agenda that is not family-friendly.

I would be remiss, as the shadow health minister, if I did not point out that these late sessions that go until midnight are not good from a sleep perspective. There are a number of more aged members of Parliament. It is not good for them either.

While it is worthwhile debating Bill C-88, the government should have done more careful planning so as to avoid coming to the end of the session and realizing that none of its legislation was passed.

I do not want to be accused of not being relevant tonight, so I will tell the House in advance what I am going to speak about so members will understand where I am going with this whole thing.

First, I am going to talk about what the bill would do and what it proposes to do, and then I will discuss my concerns about the bill. Then, I want to talk a bit about how the bill aligns overall to indigenous reconciliation in Canada, which is on the minds of all Canadians and I am sure is important.

Then, I will speak a bit about how the bill aligns to natural resource sector development. The natural resource sector is a huge part of Canada's GDP and our economic growth. It is an important industry, so every time we make a change to something that will impact that industry, it is important to look at how it will align to the overall plan. We have a strategy for the north. It is important to look at this bill and how it will align to our northern strategy. Does it fit in? Are there any concerns there?

The bill actually has three parts. The first part would amend the Mackenzie Valley Resource Management Act, from 1998, to reverse provisions that would have consolidated the Mackenzie Valley land and water boards into one.

These provisions were introduced by the former Conservative government within Bill C-15, the Northwest Territories Devolution Act. By way of history, we know that a major component of Bill C-15, where this originated, was the restructuring of the four land and water boards from the Mackenzie Valley into one. Following its passage in 2014, the Tlicho government and the Sahtu Secretariat filed lawsuits against Canada, arguing that the restructuring violated their land claim agreements.

In February 2015, the Northwest Territories Supreme Court issued an injunction preventing the board restructuring provisions from coming into force until a decision on the case was issued. The Liberals paused that legal battle shortly after forming government, and it remains an unresolved issue.

To try to consolidate the land and water boards into one seems to be, in my view, an efficiency, but again, it is important to consult and understand what the people who have the land claims are thinking.

For the government to leave it so late in the session, when there is a lawsuit that pertains to this, is troubling. When we rise from this Parliament, there will be an election, and whatever government is elected will not be able to get back to this matter in a timely way. That is unfortunate.

The second part of the bill would amend the Canada Petroleum Resources Act to allow the Governor in Council to issue orders, when in the national interest, to prohibit oil and gas activities, and it would freeze the terms of existing licences to prevent them from expiring during a moratorium. There are a lot of vague terms there. What is the national interest? How is that determined, and who determines that? I assume it is the Liberal cabinet, and I am not sure it would be necessarily unbiased in its definition. What are oil and gas activities? There is a bit of vagueness in the second part of the bill.

The third part of the bill, as we heard earlier, talks about the regulatory items that were brought forward from the previous Conservative bill, which I have heard members on the opposite side say were actually good. It is not surprising, because the Conservative government has, in the past, done a very good job with respect to regulations that have brought us forward in terms of emission reductions and a number of other items. I do not have much objection to the regulatory items. I agree the Conservative government brought them forward, and they are fine as they are.

Let me go to concerns about the bill. In addition to the litigation cycle that is hanging over this bill, I am concerned with the number of powers the government would have to politically interfere in the development of our natural resources as a result of this bill. We have seen lots of political interference by the government.

Today, I participated in a debate on Bill C-101, a bill about the government politically interfering in the steel market. We have the USMCA agreement with the U.S. and, as members know, there were tariffs on steel for nearly a year that were very punishing to our businesses. In order to get rid of those tariffs, the Liberal government traded away our ability to strategically put tariffs in place on the U.S., which, ironically, is how we got rid of the tariffs on steel in the first place.

It is troubling to me, having the knowledge that the U.S. may again put tariffs on steel, which it is not prohibited from doing under the agreement that has been signed, that the government would immediately virtue-signal to the steel industry that it is doing something. It came forward with a bill two weeks ago, with the dying days of Parliament before us, trying to rush it through in order to make it seem as though it is doing something, when, in fact, it is trying to politically interfere in the free market for steel.

That is not the first time, as I mentioned. There is a pattern of behaviour that I want to talk a bit about. We saw with Bill C-69, the no-more-pipelines bill, that this bill would hugely interfere in projects that are proposed to be built in Canada. It would give the environment minister powers to, for any reason, at any time, reset the process and start the clock again, to veto the process. That is a huge amount of power, and it causes great uncertainty. Those looking to invest and do large projects in Canada are not going to want to invest billions of dollars, knowing that at the whim of the environment minister, projects may die on the vine.

I will talk a bit about the reason the government brings these bills forward and the reaction in the indigenous community. Part of the bill would allow the government to put a moratorium on oil and gas development. I heard in some of the speeches earlier the comment that just before Christmas 2016, the Prime Minister travelled to Washington, D.C. to make an announcement with then U.S. president Barrack Obama, even though there had been no consultation with northerners, despite consistent rhetoric about consulting with Canada's indigenous peoples prior to decision-making. The Prime Minister's Office made this decision and, with 20 minutes' notice, elected leaders in Canada's north were made aware of the announcement. Some of the comments that followed from the community are probably worthy of note.

Wally Schumann, who is the Minister of Industry, Tourism and Investment and the Minister of Infrastructure for the Northwest Territories, said:

I guess we can be very frank because we're in front of the committee.

When it first came out, we never got very much notice on the whole issue of the moratorium and the potential that was in the Beaufort Sea. There were millions and millions, if not billions, of dollars in bid deposits and land leases up there. That took away any hope we had of developing the Beaufort Sea.

The mayor of Tuktoyaktuk, Merven Gruben, said:

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.

The Hon. Jackie Jacobson stated:

It's so easy to sit down here and make judgments on people and lives that are 3,500 klicks away, and make decisions on our behalf, especially with that moratorium on the Beaufort. That should be taken away, lifted, please and thank you. That is going to open up and give jobs to our people—training and all the stuff we're wishing for.

Merven Gruben further said, “We're proud people who like to work for a living.” He spoke of the increasing reliance on social assistance.

Here again we see that the people who are living there are looking for that economic development they so badly need, but the current government, without any consultation whatsoever, shut it down and put a moratorium in place. Clearly, that is not acceptable.

The pattern of reversing what Conservatives have proposed or put in place is not new to this House. I would say that it has been done on a number of bills. I will pick a small sampling to back up the point.

We had a housing first program that was lifting people out of homelessness. Of the people on that program, 73% ended up going into stable housing. When the Liberal government came in, it decided it was going to have its national housing strategy, but instead of keeping something that was working, it tossed the baby out with the bathwater on that one.

I would say the same was true regarding a bill in the previous government, Bill C-24, which suggested that if people had become a Canadian citizen and gone off to fight against Canada, their citizenship would be revoked. We see that we are in a situation now with people who have been involved in terrorism trying to come back and the government is struggling to get the evidentiary proof to file charges. That would be another example.

One of the first bills the Liberals passed in this Parliament was to remove the financial transparency and accountability for the first nations people on the funding they receive.

Therefore, there is a previous pattern of behaviour of the Liberal government reversing things the Conservatives did when those things were not necessarily bad things.

With respect to the themes we are talking about today, I have expressed some concerns about the bill, but I want to talk about how this bill aligns to indigenous reconciliation, because there has been a lot of rhetoric in the current government about lining up to indigenous reconciliation and consulting with indigenous people. I would say that it is forever consulting but never listening.

If we think about the Truth and Reconciliation Commission recommendations, early in the mandate of the government it unanimously adopted all 94, and where has the action on those gone? Crickets.

We have seen the mess of the inquiry into murdered and missing aboriginal women has been, with the number of people who have resigned en route and the fact that many indigenous people feel they were not allowed to participate. Here we are four years down the road, with $98 million or something like that having been spent, and no action.

Many indigenous people felt the tanker ban, Bill C-48, would be bad for them, especially those who were trying to get the Eagle Spirit pipeline built. They were saying this was going to deprive them of an opportunity to have the kind of economic development they need, the same kind of economic opportunity that we see in Bill C-88, which the people there are looking for. Now we have this moratorium on the Beaufort Sea.

Another issue we need to consider when looking at Bill C-88 is how it fits into our northern strategy. If we think about the needs of people who are living in the north, we know there are a number of issues. We know that there is a food insecurity issue in the north. Will this help with that issue? When the government is depriving people of economic development, I am not sure that it is helping that situation.

In terms of the broadband problem, the government has had four years to address the issue. I know I have an inventor in my riding, and I put ideas forward to the innovation minister that for less than $20 million, I have somebody who knows how to put that kind of broadband Internet access across the north, with satellite balloons that are solar powered, incidentally, but to no avail.

The health care in the north has huge issues, from dental hygiene to tuberculosis and just even access to care. There are those things and the sovereignty issues. We have sovereignty in the north, but we have Russia and China really starting to pay a lot of attention to that area. We need to have a plan for how we are going to defend that area, along with the natural resources that are there and what we need to do to protect those. I do not see any plan or any discussion about how this fits into that northern strategy. I think that is something that needs to be looked at.

Another thing that is really affecting the northern area is climate change. We are seeing a thawing of the permafrost. As an engineer who used to work in construction, I am paying close attention to some of the horrendous things that are happening, in terms of roads that are developing huge crevices as the permafrost shifts and buildings that are collapsing after months of construction because the foundations are no longer solid. There really does not seem to be a strategy for how we are going to make sure that, in the north, we are setting them up for success, that we are protecting the assets that are in place. These are places where, if people cannot get to them, any hope of economic development would be lost. There is something to be done there.

Many times this week we have heard that the government has a tax plan, not a climate plan. This is just one more thing that I would add to what needs to be part of a comprehensive climate plan, how we are going to address the results that we see as the climate shifts.

As we look to this bill, in the dying days of the 42nd Parliament, it looks to me, again, like something that may not even make it through in the remaining days that we have, and it may not have a good chance of being implemented. Certainly, with all of the things the government promised to do but never did, I reflect on the 42nd Parliament and I think, “What did the government really do?” The Canada child benefit and the legalization of marijuana, I will give it those two. Other than that, I am not really sure what has been accomplished.

As we look to the summary of Bill C-88, we have talked about what the bill does, some of the concerns of the political interference that exists and how people are not being listened to in the north. People want this economic development, and the government now has the power to shut them down and is using that power.

I do not think the actions being taken by the government align well with the overall theme of indigenous reconciliation. I feel this will be more fanning of the flame, when people in the north want this economic development and the government is standing in the way or is interfering in the ability of the people to support themselves. That will not go over well.

I also think it is part of a bigger rhetoric on the natural resources sector. We know that the carbon tax has been a huge problem for small businesses. In my riding I have a lot of refineries. Now the government has exempted all the large emitters, 90%, from the carbon tax, but it has also put on a clean fuel tax, which is costing billions of dollars. One refinery in my riding has just gone up for sale, and another one has said that if it does not get an exemption from those clean fuel taxes, it may be unsustainable as well.

The government has a clean pattern of undermining the natural resources sector. We know that it has killed all kinds of natural resource projects: energy east, the northern gateway, the Petronas LNG and, of course, the Trans Mountain pipeline has gone absolutely nowhere.

Until the government can come with a clear message about the natural resources plan and support for that plan, and support for people in the north who want that economic development and are looking for the government to support them and not interfere, then I think that Bill C-88 is not going to go a long way in achieving what is hoped.

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

Mr. Speaker, this is absolutely bizarre coming from that side of the House. The Liberals voted for Bill C-15 in the last Parliament; the NDP voted for it. Now they are suggesting that they voted for a bill that is not constitutional. That is quite bizarre.

We presented a bill that we thought would be helpful and would modernize and move things forward in the Northwest Territories. Obviously, there are some challenges that need to be dealt with, but, first of all, Liberals voted for this bill, and second, they threw in something that makes one wonder about the constitutionality of part 2 of this bill.

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

Mr. Speaker, I also want to join the parliamentary secretary in wishing the Minister of Intergovernmental and Northern Affairs and Internal Trade a full recovery. I know that everyone in the House is thinking of him and wishing him a full recovery. We hope to see him back here in the fall after the election.

I am going to start my comments on 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, with some technical details. Anyone watching CPAC rather than the Raptors tonight will appreciate understanding what the debate is actually about. I will then go broader with my comments and more generally into terms of the current government's approach to the energy industry and, I am going to suggest, the natural resource industry, which is putting us into an incredibly difficult position.

The member for Dauphin—Swan River—Neepawa in Manitoba talked about having the great privilege of spending a lot of time in the Mackenzie Valley. I suspect that there are not many people who have had that opportunity in their lifetime. Therefore, I think it may be a good thing for us all to put on our bucket list, travelling this beautiful country to see some of these beautiful places.

However, I want to talk about the Mackenzie Valley regulation management regime, which was enacted in 1998. It is called the Mackenzie Valley Resource Management Act. It came into being 20 years after the Berger inquiry. It recommended a 10-year moratorium on development in the Mackenzie Valley in order to settle land claims and involve indigenous peoples in modern treaties that provide an integrated, co-managed land and water management regime delivered through a quasi-judicial process for the entire Mackenzie Valley.

The Northwest Territories, in its release, talks about it providing a progressive regulatory environment that integrates and sequences authorizations in one single process. It entrenches indigenous peoples rights and their governments' role and processes. It provides a way to mitigate environmental, economic, social and cultural impacts through conditions set by boards that represent the interests of all NWT residents.

The scope of the MVRMA lays out decisions and functions in a single piece of legislation for federal, territorial and indigenous governments. It eliminates the need for harmonization of substitution agreements and allows for life-of-project regulations from project inception, including conformity of proposals against the land-use plan, environmental screening and assessment to permitting site closure and remediation of major industrial sites. Decision-making is based on lines of evidence that consider science, traditional knowledge, economic impact and mitigation of environmental assessment, and socio-cultural impacts of the project and integration with other resource management legislation, notably the federal and territorial species at risk and broader social economic perspectives.

When we hear that sort of description of the process, I think there are many provinces in the country that perhaps could learn from it. Certainly the territories, in many ways, have moved forward with sort of a tripartite process for environmental assessments that we could all learn from.

As other speakers have noticed, the bill before us really has two parts, and I would say it is the paradox of two very different pieces of legislation that the Liberals have put together. One part is where they are moving back from some measures that we had put in place, which they actually voted for in the last Parliament. I would note that the Liberals voted for Bill C-15 in the last Parliament. They are very critical now, but they certainly did stand up in support of Bill C-15 and now would make some corrections to it.

This is part A of the bill and it is an amendment to the act, Bill C-15, Northwest Territories Devolution Act in 2014. A major component of Bill C-15 was restructuring the three land and water boards in the Mackenzie Valley into one. After this was passed, there were concerns expressed by the Tlicho and Sahtu first nations who filed lawsuits against Canada. In 2015, there was an injunction. The first part is reversing some of the work that was done around the land and water boards.

It is interesting, as we are trying to understand why that change was put in place, that we did have Neil McCrank as a witness. He talked about the process, about the engagement. Contrary to what the member for Northwest Territories indicated, he clearly said he was not given any direction by the then aboriginal affairs minister, Chuck Strahl, but he was asked to engage and come up with what seemed to be a better process.

It was not that this idea of the amalgamation of the water boards came out of the blue; it came through a process of engagement. One thing he said, which was an important piece of information, was that he always contemplated that the land use plans needed to be done first, so that all the land use plans needed to be in place and then the water board would just be a very technical group to deal with the actual assessment, so very technical. What I had not realized is that the land use plans were not in place. However, there was rationale and consultation, but obviously there was also in the end some resistance to that particular section of the bill.

Perhaps a more concerning part of this piece of legislation is part 2 of Bill C-88, clauses 85 and 86. This expands the Liberals' five-year moratorium on oil and gas exploration in the Beaufort Sea. It amends the Canadian Petroleum Resources Act to allow the Governor in Council to issue orders, when in the national interest, to prohibit oil and gas activities and freeze the terms of existing licences to prevent them while the prohibition is in place.

What we have again is the Liberals politicizing the regulatory and environmental process for resource extraction in Canada's north by giving cabinet sweeping powers to stop projects on the basis of national interest. Who defines the national interest? I would suggest it might be Liberal interests in this case defining what is the national interest. It is certainly not national interests.

We have not been alone. We heard from my colleague from the NDP about the terrific concern when President Obama and our Prime Minister were in the United States, when 20 minutes before he was going to make an announcement, he phoned the premiers with 20 minutes' notice. This is not called engagement. It is not called consultation. It is not called discussion. It is called “We are doing this and, by the way, I am giving them 20 minutes' warning, so maybe they can react when the media calls them”.

The premier from the Northwest Territories and many others were scathing in terms of this action by the Prime Minister. They indicated a red alert: the Liberal government of this country wants to turn the north into a park. It does not care about their economic opportunities. It does not care about their future. It sure does not care about engagement and consultations.

We have created in legislation the opportunity for 20-minute phone calls to come any time the government thinks it wants to make a change. With 20 minutes' notice, by the way, Liberals are going to do another moratorium in the national interest. Rightfully, it is absolutely incredible that they are responding to concerns from indigenous communities in part 1 and they are ignoring concerns in part 2, which again is the paradox of this.

I will go to the broader picture, which is what has become incredibly clear over the four years. The government wants to not only shut down our energy industry, it really gives very limited care to our natural resource industry. I will go through a number of measures.

The government is all about superclusters and giving Loblaws fridges, but it does not understand and it does not care about our rural communities, our resource development and the enormous wealth and jobs it provides for the citizens.

Let us start with Bill C-48, the oil tanker moratorium. The Liberals talked about caring about consultations. How much consultation did they have with the 33 first nations that were represented by Eagle Spirit Energy? They want to build a pipeline in northern British Columbia. Now they cannot do that. There was no consultation. The Liberals arbitrarily said they would put in a moratorium on tankers carrying a specific product.

The Liberals pay no attention to the tankers going from Alaska, down the coast. They pay no attention to the tankers that are coming down the St. Lawrence Seaway, from Venezuela and Saudi Arabia. However, they have cut off an opportunity for communities in northern B.C., through the tanker moratorium, to prosper and have a future for their communities.

It is so bad that the Senate took an unprecedented step. Senators were given the opportunity to review the tanker moratorium. They were able to go out and talk to communities. The Senate committee members had an opportunity. Their advice to the government was, to forget it, to get rid of the bill as it was terrible, wrong and unfair. They said it should not move the bill forward.

Unfortunately, Liberal appointed senators are carrying the day. I understand there was great arm-twisting that went on between the government and its senators. I understand the Senate did not take the advice of the committee members who had the knowledge, who talked to the people, who quite frankly did an amazing analysis of what the issues were. The Senate just ignored the committee, and there was arm twisting. It fits with the Liberals' narrative that they do not care about resource development and want to shut down the oil sands.

The next project, energy east. All of a sudden, energy east was going to be—

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

Mr. Speaker, I am happy to rise tonight to speak to Bill C-88, an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act.

As I said in my first speech on this bill, the overall position of the NDP is that northerners know best how to manage their own resources. We supported this bill at second reading and will support it again at the final vote, but we feel that there were some opportunities at committee to improve parts of it that were lost.

There is a lot of history to this bill and the measures taken over the years to bring more democracy to the north and to end the colonial style of government that has been in place since Confederation. It seems that with every step forward, there are a few steps back, and this bill is perhaps no exception.

This is a bit of an omnibus bill. It sets out to do two very different things. First, it would repeal parts of Bill C-15, the Northwest Territories Devolution Act, which was passed in the last parliament. Second, it would bring into force an announced moratorium on oil and gas exploration and development in offshore waters of the Canadian Arctic.

Bill C-15, passed in 2014, was also a bit of an omnibus bill in that it did two things. The bulk of that bill dealt with the devolution of powers from the federal government to the territorial government. The general public opinion in the north was that this was, as Martha Stewart would say, a good thing. 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 superboard. The feeling was that this was not a good thing. Those four boards were originally created out of land claim agreements and negotiations with various first nations in the Mackenzie Valley area, and the new superboard significantly reduced the input those first nations would have on resource management decisions.

In passing, I will note that the previous Conservative government did similar things to the Yukon, so the present federal government had to remove contested reforms to the Yukon Environmental and Socio-economic Assessment Act litigated by Yukon first nations. This led to Bill C-17, which rescinded those contested reforms in 2017.

I will return to the Northwest Territories and a brief list of modern agreements and treaties. There are a few smaller ones I will not mention. The member for the Northwest Territories has told me that there are 10 more that are in the process of negotiation as well, but I will just mention four here.

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

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 Tlicho Land Resources and Self-Government Agreement covers 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 provisions 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.

This was all working well until the previous federal Conservative government came to power and was looking for ways to speed up resource development. It commissioned the McCrank report in 2007, which eventually put forward two options to streamline the assessment processes in the Northwest Territories, both of which would significantly affect the operations of the regional land and water boards. Option one was to eliminate the boards and replace them with a superboard. The McCrank report warned that this option would take a long time to implement, as it would necessitate renegotiation of the land claims affected and a lot more consultation on top of that. Option two would keep the boards but reduce their mandates. Again, there would be a lot of consultation needed but perhaps not a full renegotiation of the treaties.

In its habit of cutting corners and ignoring indigenous rights, the Harper government picked option one but dropped the pesky renegotiation and consultation requirement and then slipped that into Bill C-15, introduced in December 2013. Bill C-15 was primarily meant to implement the provisions in the Northwest Territories Lands and Resources Devolution Agreement. However, as I mentioned, it contained a kind of poison pill in the form of changes to the land and water co-management boards. The Harper bill eliminated the regional boards in favour of a single superboard consisting of ten members and a chair. These changes were widely and wildly unpopular in the Northwest Territories, and contrary to the wishes of northerners.

In committee, we heard from a number of witnesses about the negative effects of Bill C-15 and the legal battle it unleashed. I would like to quote, first, directly from the testimony of Chief Alfonz Nitsiza, of the Tlicho government. He testified:

The Wek'èezhii Land and Water Board [the Tlicho board] and other boards in the Northwest Territories would be replaced with a single super-board. Instead of appointing 50% of the board members, as our Tlicho agreement requires, the Tlicho Government would appoint only one out of 11 members on this super-board. The Mackenzie Valley Resource Management Act amendments could allow decisions about Wek'èezhii to potentially be made by a panel of the super-board that could lack Tlicho Government appointees entirely. This was unacceptable to us. Tlicho were promised something different in their treaty from what was designed in the Northwest Territories Devolution Act. The treaty promise was broken with no good reason, so we went to the courts for justice.

The Tlicho Government immediately sought an injunction from the Supreme Court of the Northwest Territories. That injunction was granted. It prevents the Mackenzie Valley Resource Management Act amendments from coming into force, and remains in effect to this day. You should also know that the underlying lawsuit also remains active, pending the results of this legislative process. The injunction will remain in effect until either a new law is passed [this one] or our lawsuit regarding the Northwest Territories Devolution Act runs its course.

The Gwich'in representative at committee, David Wright, also mentioned the damage that even this temporary dissolution of regional boards would do to regulatory capacity in the Northwest Territories. He said:

The injunction says the Tlicho, in particular, because they were the primary litigant in that case, would suffer irreparable harm if those amendments were brought into force, because what it would mean is that the Tlicho, Sahtu and Gwich'in land and water boards would be dismantled. Picture staff being sent packing, corporate memory and resources and capacity being disbanded, and the single Mackenzie Valley Land and Water Board being created.

The irreparable harm is at that institutional bureaucratic capacity level, and it would take a lot to get that engine going again if the court result was ultimately favourable and was in line with the findings of Justice Shaner, I believe, in the injunction case.

In other words, depending on what level of court this stopped at, if the result was, yes, indeed, this is an unconstitutional set of amendments that go against land claim agreements, then you would have to restart these boards years from now, which would just be lost time and waste and uncertainty.

We also heard from Bob Mcleod, the Premier of the Northwest Territories, regarding the need for the timely passage of Bill C-88. The premier said:

The Government of the Northwest Territories supports swift passage of Bill C-88. The implications of not proceeding with the bill within the lifetime of this government and retaining the status quo are significant. Amendments to the MVRMA have been on the books for five years, and we don't want any more uncertainty associated with our regulatory regime. Resource developers are contemplating investing in developing the Northwest Territories' rich natural resources, and everyone benefits from regulatory certainty.

Here we are with Bill C-88 before us. Part of this bill is what the Northwest Territories wants. It wants the devolution of powers. It wants to keep the regional boards.

However, there is a part 2. This is kind of a mini-omnibus bill. I will now go to the second part of Bill C-88, which deals with the Canada Petroleum Resources Act. This began 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 statement, President Obama said that the U.S. was 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 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. He made a phone call to everybody 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.

A year later, in October 2017, I spoke to Duane Smith, the board chair of Inuvialuit Regional Corporation. This was at the Generation Energy Forum meetings in Winnipeg. A year later, he was still hopping mad and very concerned about this issue. In 2016, he 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.”

These concerns were again heard loud and clear in committee testimony. Merven Gruben, the mayor of Tuktoyaktuk, said:

I just didn't want this to be seen again as another case of Ottawa throwing in this moratorium and showing us what to do—do as I say, you know. That's what I didn't like. I thought we were going to be...but there was no negotiation. You just do this. Ottawa says if you do this, you do that.

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.

I would like to comment briefly on the rushed timelines faced by this bill. Here we are in June 2019 debating a bill that everybody knew was coming before the election in 2015. Consultations began on the Mackenzie Valley part of this bill right after the election and if my understanding is correct, the consultations were largely finished by the summer of 2017, yet this bill was not tabled until just before Christmas. It sat in limbo for 18 months. I can speculate that maybe it was a decision to bring the oil and gas moratorium into the legislation that caused this delay because it needed more consultation, but whatever it was, here we are staring the end of this Parliament in the face and risking the untimely death of this bill in the Senate. When legislation is literally being forced upon us by the courts, it behooves the government to move quickly, and that would have been to keep the two issues separate so the Mackenzie Valley act could proceed first.

I will mention a couple of ways Bill C-88 could have been easily improved. New Democrats brought amendments forward in committee, but were unsuccessful. New Democrats are disappointed that the UN Declaration on the Rights of Indigenous Peoples is not mentioned at all in this bill, despite the fact that of all the bills before us in this Parliament, Bill C-88 seems to be the one most needing this reference. The bill deals specifically with resource development, precipitated by litigation put forth by indigenous peoples, pointing out, with good reason, that treaties have been broken, their views ignored and consultations not done.

The Liberal government supported the private member's bill of my colleague, the member for Abitibi—Baie-James—Nunavik—Eeyou, on putting the UN Declaration on the Rights of Indigenous Peoples into every appropriate legislation that the government produces, but there is no mention of that at all, nor the underlying concept of free, prior and informed consent in this bill. This was brought up in committee testimony as well.

In its brief, the Northwest Territories Chamber of Commerce argued that the final decision to prohibit certain works and activities in the national interest “needs to be approved by the Indigenous Nation of the prescribed area who are the stewards of the area but also rely on the land to provide economic independence” to their membership.

In its brief, the Inuvialuit Regional Corporation said:

Further, while the Oceans Act and CPRA include non-derogation clauses, the requirement to consult with those who hold rights in marine areas is not clearly articulated. It is important to note that the imposition of the Moratorium by the Prime Minister was done without consultation with any Inuvialuit in contravention of the IFA [Inuvialuit Final Agreement] and with the framework established and the promises made under the Northwest Territories Lands and Resources Devolution Agreement.

The IRC added:

The proposed Section 12(1) introduces “national interest” as a further basis for “freezing” licenses indefinitely. The national interest criterion is problematic as it elevates the national priorities of the day vis-à-vis Inuvialuit priorities within our traditional territory.

David Wright of the Gwich'in suggested that if it could not be inserted into this bill, reference to the UN Declaration on the Rights of Indigenous Peoples should at least be seriously considered when the Mackenzie Valley agreement itself is reviewed in the near future.

The second place that Bill C-88 could be improved is through a real commitment for intervenor funding in the review processes that the bill puts forward. While there is a separate funding source available for indigenous intervenor funding in the north, it is not enshrined in legislation and it is not available for non-indigenous groups.

Intervenor funding is included in Bill C-69 and it should be included in this bill as well. It is a critical part of any proper consultation.

To conclude, I will reiterate that the NDP will support the bill and hopes to see it move quickly to royal assent before Parliament is dissolved.