Nááts’ihch’oh National Park Reserve Act

An Act to amend the Canada National Parks Act (Nááts’ihch’oh National Park Reserve of Canada)

This bill is from the 41st Parliament, 2nd session, which ended in August 2015.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Canada National Parks Act to establish Nááts’ihch’oh National Park Reserve of Canada.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other S-5s:

S-5 (2022) Law Strengthening Environmental Protection for a Healthier Canada Act
S-5 (2021) An Act to amend the Judges Act
S-5 (2016) Law An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts
S-5 (2011) Law Financial System Review Act
S-5 (2010) Law Ensuring Safe Vehicles Imported from Mexico for Canadians Act
S-5 (2009) An Act to amend the Criminal Code and another Act

Nááts’ihch’oh National Park Reserve ActGovernment Orders

December 11th, 2014 / 1:20 p.m.

NDP

Andrew Cash NDP Davenport, ON

Mr. Speaker, it is an honour to rise in this place today to speak on behalf of the good people of Davenport in the great city of Toronto at third reading of this important bill. It is important in a number of different ways.

As many of my colleagues have already underlined, we will be supporting this bill. However, in my last speech of the year, it is important to reflect on what we can learn from this bill and its process, including what it says about the Conservative government.

It is true that we have had much debate on the bill and the various decisions that were made leading into third reading. What I would like to focus on, though, is the process and the fact that, once again, we see the government not listening to the very people who should be a vital part of the process. It brings me back to my own constituency in Toronto. I would like to talk a little bit more about some flaws in the process and connect it to the bill.

I just want to let you know, Mr. Speaker, that I will be splitting my time with the member for British Columbia Southern Interior.

We have significant infrastructure projects right across the country. I will focus on the riding I represent. We can talk about the Line 9 project. Currently, we have a project that is running dirty diesel trains from the airport to Union Station in Toronto.

We have a variety of issues where the public has been unable to weigh in on and have an impact on the decision. For example, in my own riding, we have a nuclear processing plant that has been there for 50 years. We are supposed to have a full public engagement program, and people living right across from the plant did not even know that the program existed, because the government has said that it is not going to play the public engagement card too strongly. It sees that as an impediment to it doing the things it wants to do.

Fundamentally, what we are saying on this side of the House is that if we do not have social licence or if we have not consulted fully with first nations, projects simply cannot go forward. For example, if we want to run a large piece of infrastructure through a heavily populated community like the one I represent, and we are going to run that infrastructure using 19th century diesel technology that the WHO has ranked up there as a carcinogen similar to arsenic and mustard gas, we need to talk to the people who are going to be living right there. We need to get their buy-in, and if we do not, we have to find a way through. We have to consult. We have to listen, and listening is not something that the Conservative government likes to do. We saw this with this very park proposal.

I would also like to talk a little bit about the deficit in infrastructure improvements and how that is also part of a trend. Just in case my hon. friends across the way think that the deficit issue with regard to parks is a one-off, unfortunately it is not. We saw in December 2013 the Toronto Star reporting that there was an almost $3 billion backlog in deferred maintenance at Parks Canada.

The Conservative government loves to cut ribbons. It loves to announce big projects, but it is really not interested in supporting the infrastructure and improving it.

We have billions of dollars of infrastructure deficit in the city of Toronto. We have a public transit system that was built for 1960s population use. It is about twice the requirement now.

The government loved to pop by, especially when its buddy Rob Ford was the mayor, and cut some ribbons and popped some champagne when the Prime Minister wanted to help him out by putting some federal money into public transit. However, the problem is that we have a huge operational deficit. What cities, municipalities, and certainly the city of Toronto, need is a government that realizes that it cannot just come up with a big-time capital announcement. It has to be there for the whole project.

Therefore, it concerns us that the government does not understand the need for long-term, sustainable funding. An example is the need for public transit across the country and certainly in my city.

This bill and the process show a very disturbing trend by the government. It is trend that we will most certainly see change after the election in 2015 when we can make some significant changes with the first NDP government in the history of Canada.

Nááts’ihch’oh National Park Reserve ActGovernment Orders

December 11th, 2014 / 1:25 p.m.

NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Mr. Speaker, I appreciate that I am getting most of the questions. I am kind of dumbfounded that neither the Conservatives nor the Liberals are even engaged in this issue. That is quite problematic. At the same time, my colleague fully understands the environmental aspect of this and our pristine wilderness.

I would again like to quote from the report. This is from the report that came out of Parks Canada's own consultation process. It states:

It was suggested by participants that protecting the water should be a higher priority than obtaining the employment and financial benefits of mining...While some participants saw a balance of economic and conservation values as beneficial...many others felt that mining should not be allowed at all in the watershed. It was suggested that the key concern in deciding on the boundary should be the conservation of wildlife and water.

I know in the riding of Algoma—Manitoulin—Kapuskasing, which comprises 17 first nation communities, when it comes to water, the environment and their youth, who are their future, that is key. Could my colleague speak about the fact that these are things that we have to take very seriously when we put bills in place and that this consultation has to occur around these pieces?

Nááts’ihch’oh National Park Reserve ActGovernment Orders

December 11th, 2014 / 1:30 p.m.

NDP

Andrew Cash NDP Davenport, ON

Mr. Speaker, my hon. colleague raises a very important question. Ultimately, the question revolves around a matter of trust. The government has implemented bills that instead of strengthening environmental protection for our lakes, our rivers, our streams and our oceans have actually weakened them. It has gutted the public process regarding pipelines. Then it turns around and hectors the opposition for raising questions about which, quite frankly, Canadians across the country are incredibly concerned. Fundamentally, the government has lost the trust of Canadians when it comes to large infrastructure projects.

When it comes to protecting vital resources, and what could be more vital than our water, the government has consistently shown an aversion to public participation, and for transparency and for accountability. For those reasons, it will find it increasingly difficult to gain the social licence that is required for these big infrastructure projects.

Nááts’ihch’oh National Park Reserve ActGovernment Orders

December 11th, 2014 / 1:30 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I feel somewhat baited to pose a question. I do not know if the former questioner has been sleeping, but I can assure her that I have been asking questions. The Liberal Party gave a speech earlier today, and questions have been asked throughout the three hours of debate.

One of the questions I asked was with regard to the creation of the Nááts’ihch’oh park. It was created back in 1972, and the prime minister back then was no other than Pierre Elliott Trudeau, who established the park. This is not to say that the Liberals own the idea. We need to recognize that when a national park is developed, a lot of people come to the table, in particular first nations and other stakeholders.

I have made reference to the fact that we need to acknowledge the efforts of many who have ultimately led to what we have today: a bill. The Senate brought the bill forward, but at the end of the day, it took a great deal of effort by a lot of Canadians to ensure that Bill S-5 would be here today.

Would the member like to acknowledge the efforts of individuals outside of the House of Commons who have made this bill possible?

Nááts’ihch’oh National Park Reserve ActGovernment Orders

December 11th, 2014 / 1:30 p.m.

NDP

Andrew Cash NDP Davenport, ON

Mr. Speaker, I am not quite sure what the member was trying to ask. I believe he was trying to retroactively claim some kind of responsibility.

I will focus on the key issue, which is social licence, accountability and transparency. Let us focus on the fact that if the Conservatives want to run a pipeline, create a large piece of transit infrastructure, or convince Canadians, for example, that they are sincerely guarding the environment, then they need to give their heads a major shake.

There are significant concerns around the protection of our environment. This is not a rural-urban issue; this is an issue about which all Canadians are concerned. As reflected in this bill, the government still does not take these issues seriously at all.

Nááts’ihch’oh National Park Reserve ActGovernment Orders

December 11th, 2014 / 1:30 p.m.

NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, I am pleased to speak in support of Bill S-5. As has already been said in the House, the NDP supports the creation of national parks and the preservation of ecosystems and habitats that are essential to the survival of plants and wildlife.

Consultations revealed that the public overwhelmingly supported creating a bigger park. Unfortunately, the government ignored public opinion and decided to protect only the smallest of the three potential areas, neglecting to include very important wildlife areas. Witnesses spoke about the park.

For example, the hon. Ethel Blondin-Andrew, chairperson of the Sahtu Secretariat, said the following:

The Sahtu Dene and Métis support the establishment of the park. We maintain that any park in the settlement area must be created and managed in partnership with the Sahtu Dene and Métis and based on our cultural traditions, spiritual values, and economic aspirations.

I believe it is timely for me to talk about our proposed national park in the south Okanagan's lower Similkameen.

Ever since my election in 2006, I have been in contact with those opposed to the proposed park as well as those in favour. There is no question that the vast majority of my constituents in this area want some form of protection for this pristine area. However, there are differences as to how this can be accomplished.

After listening to both sides, I have come to the conclusion that the only way to preserve this fragile ecosystem is by means of a national park. Failing to do so will leave these areas under threat of mining and development regardless of what safeguards the provincial government of the day implements. Although a great deal of work has been done by Parks Canada to move this process forward, there has been some dissatisfaction with the process.

As a result of political pressure, the current B.C. Liberal government has withdrawn its support for a national park. In my conversation with our previous minister of the environment in 2012, I was reassured, however, that should the position of the provincial government change, the federal government would once again get involved in the process. This is encouraging news. I would like to thank the federal government for its commitment.

I would also like to quote from a letter that Ms. Doreen Olson, coordinator of the South Okanagan-Similkameen National Park Network, received from the federal Minister of the Environment in December of 2013. It states:

I would like to assure you that our government recognizes the important role that Canada's system of national parks plays in providing Canadians with meaningful experiences and opportunities for discovery. Since its creation over 125 years ago, Canada's system of national parks has continued to grow, and our government has put significant efforts into increasing Canada's protected areas.

Our government is committed to ensuring that our national parks continue to provide Canadians and visitors the means to connect with our country's national heritage.

This gives us hope. The key now is for the government of British Columbia to re-engage in the process.

There have been a number of concerns about the proposed national park, the most serious being the lack of first nations' involvement on a government-to-government basis.

Since then, the Okanagan Nation Alliance has conducted a feasibility study and found that it is:

—feasible to explore further discussions with Parks Canada about a future National Park Reserve, so long as Syilx Title, Rights and interests are protected and respected. The Syilx Parks Working Group advocates a collaborative and consensus based model with Parks Canada similar to those in Gwaii Haanas.

There are two other concerns: the ability of our local helicopter school to continue training in the proposed area and ranching. While both of these issues have been addressed by Parks Canada, they could and should be a vital part of any negotiations between the provincial and federal governments.

It should be noted that there is a growing overwhelming support for the national park from the Okanagan Basin Water Board, Regional District of Okanagan-Similkameen, Regional District of Central Okanagan, Regional District of North Okanagan, Town of Osoyoos, city of Vernon, British Columbia Wine Institute, Kelowna Chamber of Commerce, South Okanagan Chamber of Commerce, and tourism associations such as Oliver Tourism and Destination Osoyoos, as well as a number of environmental groups such as the South Okanagan-Similkameen National Park Network.

In addition, thanks to the former mayor of Osoyoos, Stu Wells, the Union of B.C. Municipalities passed a resolution in support of the park. There is also support from the City of Greenwood. A resolution was passed, stating the following:

The City of Greenwood fully supports the re-engagement of discussions between the Government of British Columbia and the Government of Canada, towards the establishment of a new National Park in the South Okanagan-Similkameen; and asks to be consulted throughout the process to ensure that we are partnering in economic development, tourism, and business development strategies and programs.

I would also like to issue a big thanks to Dan Ashton, Penticton MLA and chair of the province's all-party Select Standing Committee on Finance and Government Services for his support. The standing committee recently completed its report and has recommended that the province work with the federal government and local stakeholders to assess the feasibility of, and support for, the establishment of a new national park.

I should add that as was pointed out in previous statements and questions, it takes a long time for this process to take place. It takes many stakeholders, and I firmly believe that the time is right for the Government of British Columbia to re-engage with the federal government to get this process moving so that we can leave a legacy for the future.

Last but not least, I would like to single out and thank Doreen Olson of the South Okanagan-Similkameen National Park Network for her years of tireless efforts in promoting the establishment of a national park. I do not know how many meetings I have had with Doreen or how many meetings she has had with other folks, but I would just like to thank her and those in her organization for their effort.

The B.C. Minister of Environment, Mary Polak, recently visited our area to consult with residents, and I thank her for doing so. I had written the minister in November of 2013 asking the Province of B.C. to formally re-engage in negotiations with the Government of Canada and first nations. So far we have not had a positive reaction from the government of B.C.

We have a chance to do something right for future generations to come. I strongly urge the Province of B.C. to re-engage with the federal government and first nations. We have a potential win-win situation: the protection of our environment, tourism dollars for our area, a beautiful opportunity for people from all parts of the world to come and visit this pristine area, and, of course, full-time employment, which will certainly support our local economy. We cannot allow ourselves to miss this opportunity.

I strongly urge the Government of British Columbia to work with the federal government and to re-engage with the federal government, first nations, and other stakeholders to make the national park in the South Okanagan-Similkameen happen.

Nááts’ihch’oh National Park Reserve ActGovernment Orders

December 11th, 2014 / 1:40 p.m.

NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I wish to thank my colleague for his remarks. He seems to be very much in tune with the concerns of his constituents. I believe he is also aware of the importance of parks, whether municipal, provincial or national, as is the case in this bill to establish a national park.

I would like to know what importance he attaches to parks and to the resources allocated to them. Earlier, I put the question to another of my colleagues. According to my colleague from British Columbia Southern Interior, what importance do national parks have in terms of protecting our environment, our fauna, our flora, as well as our heritage and our history in Canada? Why should we provide them with the necessary resources to discharge the mandate entrusted to them?

Nááts’ihch’oh National Park Reserve ActGovernment Orders

December 11th, 2014 / 1:40 p.m.

NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, I wish to thank my colleague from Sherbrooke for his question.

It is obviously important to protect certain places in our country for the future. I want to emphasize what I said in my speech. In my opinion, the best way of protecting them is to create a national park.

Where I live, the talk is about provincial protection led by people in the area. However, if we do that and protection is not provided at the national level, there is always the danger of mineral development and increased pressure on such and such a government—regardless of party affiliation—to allow the development of houses and other things.

When we take this approach, we are not doing it for today. We are doing it for the future of the grandchildren of my colleague from Sherbrooke and their grandchildren, who will be there to benefit from the fact that we have a network of national parks across Canada. I encourage the federal government to continue to work with the provinces and others to develop the national park network in our country.

Nááts’ihch’oh National Park Reserve ActGovernment Orders

December 11th, 2014 / 1:45 p.m.

Conservative

Rodney Weston Conservative Saint John, NB

Mr. Speaker, many of the previous speakers have suggested that the only factor the government should have considered in setting the boundaries was the result of public consultations.

I want to ask the hon. member if he would not agree that the views of the Northwest Territories should be considered as well. Should we not consider the investments and rights of the mining companies who employ the people? There has to be more taken into consideration than just the results of the public consultations.

Nááts’ihch’oh National Park Reserve ActGovernment Orders

December 11th, 2014 / 1:45 p.m.

NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, the question is a logical one.

However, I think we often tend to make decisions based on short-term gain in our country. Here we need to look at the long-term gain, the long-term potential of pristine areas. That is why I would like to submit that this park that Bill S-5 represents is smaller than the people normally would have wanted it to be because of the pressure from the mining industry.

I would like to submit that there is room for mining and room for development, but we have to look to the long term to ensure that we protect these pristine areas. Otherwise, there are not going to be any of these areas left for us in the future.

Nááts’ihch’oh National Park Reserve ActGovernment Orders

December 11th, 2014 / 1:45 p.m.

NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Mr. Speaker, I will be splitting my time.

Bill S-5 would create a national park in the Sahtu Region of the Northwest Territories. For geographical reference, the region is centred around the Mackenzie River and stretches towards the Yukon boundary with an incredibly beautiful mountain range and the magnificent wilderness of the Northwest Territories.

I had the pleasure some years ago to live in the Northwest Territories for a number of years. I can tell members that when I say the “magnificent wilderness of the Northwest Territories”, indeed that is what it is.

I guess we could think of this park perhaps as a Christmas present for the Sahtu Dene of the Northwest Territories, but there is a Scrooge there too, and I would like to talk about the Scrooge.

There were three options that were set out for the park. Option 1 was a total area of 6,450 square kilometres. It was developed to best protect conservation values while providing an open area around the existing mineral interests. Option 2 was a total of 5,770 square kilometres, which diminished the achievement of conservation goals and allowed more mineral potential to be available. Option 3, which is the one that was chosen by the Conservatives, was the smallest proposal, with a total area of 4,840 square kilometres.

Not everybody was happy with that third option. I will read a quote from Alison Woodley, the national conservation director for the Canadian Parks and Wilderness Society, or CPAWS. She said:

Creating a new national park in Canada is always welcome news. But this boundary does not reflect the extensive scientific evidence of what’s needed to protect the ecological integrity of the Nahanni watershed, nor does it reflect the overwhelming support that was expressed for protecting the Nahanni headwaters during the public consultations.

That is just one example.

I do not want members to get the idea that we do not support national parks. Of course we support the creation of parks, but we question the government's motives, and we have some concern with the size of the park, including the omission of vital caribou breeding grounds and the lack of protection for source waters for the Nahanni River.

Section 16 of the Sahtu Dene and Métis Comprehensive Land Claim agreement sets out the terms and conditions for the establishment of a national park in the Sahtu settlement area. Included in these terms and conditions are several clauses for review of the plans for the park after a period of not more than 10 years. I say this because whichever government replaces this particular one next year will have a responsibility to ensure that this plan is reviewed as it moves forward. In fact, these sorts of plans should be like the veterans charter, for example. They should be living documents that continually get looked at.

Another person who was not very happy with the option chosen for the park was Stephen Kakfwi, the former premier of the Northwest Territories. He is quite disappointed in the way the boundary lines were drawn. He said in an interview that the Prime Minister is protecting the mining interests more than environmental interests. I will quote directly from an interview on August 23, 2012:

He’s taken the heart right out of it. The middle of it is carved out, so that mining can happen, dead center in the middle of this proposed national park.

There is another Scrooge here, and I use “Scrooge” in particular because, quite frankly, creating national parks is an empty gesture if there is no funding to go along with it.

In December 2013, the Toronto Star reported that there is an almost $3 billion backlog in deferred maintenance in Parks Canada. Of course, budget cuts have had a huge impact. Budget cuts have led to a 33% staffing cut in science in Parks Canada, which means that 60 out of 179 positions have been eliminated.

Add the 2013-14 budget announcement of spending on infrastructure in parks, and the picture is even more bleak. This year, meaning 2014, the government will spend on national parks—remember, I just said there is a $3-billion backlog in infrastructure—$1 million.

The government can create all the parks it wants, but without funding and careful protection of the ecological integrity of this, and of all national parks, the designation is relatively meaningless when we speak in terms of conservation.

Let me finish with a quote from our member for the Northwest Territories. He was speaking on the funding for national parks, in the House of Commons. He stated:

Across the entire north, there have been sacrifices on a number of occasions with national parks. What have we seen out of that? We saw the loss of over 64 positions throughout the three northern territories. The three northern territories carry 12 national parks in Canada. Twelve of the 44 national parks in Canada are in those three territories. The commitment of the people of the north to national parks is large.

Nááts’ihch’oh National Park Reserve ActGovernment Orders

December 11th, 2014 / 1:50 p.m.

NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Mr. Speaker, I know that my colleague, the member for Thunder Bay—Rainy River is very well attuned to wilderness, given the part of the country where he actually lives. He talked about the mountains and about the magnificent wilderness.

I will give another quote from the Parks Canada report, in which an elder says:

The beauty and importance of the Nááts’ihch’oh area was highlighted by many consultation participants in the Sahtu. They stated that the area was very important to peoples of the Sahtu, Dehcho and Kaska.... One Tulita Elder described the mountain itself...as sacred to these peoples....

When we talk about wilderness, the current government talks about consultation. It says it listens but, at the end of the day it took option three, which was the lesser option, whereas everybody wanted option one.

Maybe he could elaborate on the fact that we need to take consultation into consideration when it comes to sacred ground or the issue here where the elder described the mountain itself as being sacred.

Nááts’ihch’oh National Park Reserve ActGovernment Orders

December 11th, 2014 / 1:55 p.m.

NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Mr. Speaker, one of the things that strikes me about this park, and one of the things that is really lacking, is the whole issue of protecting watersheds and everything that goes into those watersheds.

Members may not know, but just south of my riding, in northern Minnesota, not very far from my riding, there are three North American watersheds that meet. There are always commercial interests that want to shift water from one watershed to another or want to divert water from one watershed to another.

While I am no scientist, I do know that moving water from one watershed to another watershed is something that should not be done.

Protecting watersheds, just like in this park, is most important

Nááts’ihch’oh National Park Reserve ActGovernment Orders

December 11th, 2014 / 1:55 p.m.

NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Mr. Speaker, I would like to thank my colleague for his speech, and his last remarks in response to a question. As an agronomist, I worked to improve the quality of water in agricultural environments. It is crucial to recognize the importance of protecting our blue gold. We have a huge resource in Canada, and people do not realize this. Also, what is important about watersheds is not just the river, but all the waterways and the whole area they flow into.

In his speech, he also emphasized the fact that the current government is not at all committed to conservation or the protection of water and the environment. I would like him to say a little more about the government’s lack of commitment to environmental protection.

Nááts’ihch’oh National Park Reserve ActGovernment Orders

December 11th, 2014 / 1:55 p.m.

NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Mr. Speaker, when it comes to creating any sort of park, whether it is municipal, provincial, or national, we should not look at it in a backward fashion. In other words, we should not look at creating parks in terms of what the minimum is that we can possibly do to create one and still get some political credit for doing it. This is about politics, as well; do not get me wrong.

Rather than that kind of attitude going into the creation of these wilderness spaces, perhaps the real question should be how we can make this large enough to ensure the ecological integrity of the whole park and the whole region.