Bill C-48 (Historical)

Oil Tanker Moratorium Act

An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast

This enactment enacts the Oil Tanker Moratorium Act, which prohibits oil tankers that are carrying more than 12 500 metric tons of crude oil or persistent oil as cargo from stopping, or unloading crude oil or persistent oil, at ports or marine installations located along British Columbia’s north coast from the northern tip of Vancouver Island to the Alaska border. The Act prohibits loading if it would result in the oil tanker carrying more than 12 500 metric tons of those oils as cargo.
The Act also prohibits vessels and persons from transporting crude oil or persistent oil between oil tankers and those ports or marine installations for the purpose of aiding the oil tanker to circumvent the prohibitions on oil tankers.
Finally, the Act establishes an administration and enforcement regime that includes requirements to provide information and to follow directions and that provides for penalties of up to a maximum of five million dollars.

[Shannon Stubbs, Conservative, Lakeland, AB]

Thanks to all our witnesses for being here.

This last part of the conversation I think is also attached to similar concerns. We've all heard repeatedly about sufficient capacity and resourcing, even for participation in the regulatory review process. Certainly, indigenous communities engaging with companies and resource proponents for development is clearly a long-standing challenge, which obviously governments of all stripes will have to contend with. They are a key part in continuing to improve indigenous consultation on major resources projects, about which I know we are all concerned.

Mr. Ross, I have a couple of questions related to some of the comments you made in your presentation. You talked about the importance of empowering individual first nations through ensuring they have information to make informed decisions about resource proposals, and the priority to reduce poverty and increase jobs for indigenous communities.

You touched on something that I think Canadians are hearing more and more about, related to this potential disagreement between elected leaders of indigenous communities and other forms of leadership, such as hereditary leaders.

Mayor John Helin of the Lax Kw'alaams Band was here at committee on February 5. He talked about the other point you made, how the foreign-funded, anti-energy activists were undermining the economic ambitions of first nations who want to develop their own resources. In his case, they came into the community and sowed division among community members and band leadership. They were claiming and posing publicly as hereditary leaders, in opposition to proposed LNG developments that the elected leadership supported.

The chiefs' council of the Lax Kw'alaams put out a letter that said, they “[do] not sanction inviting professional protesters from non-governmental organizations, and non Lax Kw'alaams First Nations members into their traditional lands in breach of ancient tribal protocols. [...] The unauthorized action by this renegade group has created needless confusion, damages tribal unity, and is insulting to tribal members.”

In the context of best practices for indigenous engagement, I think there are many Canadians, and maybe even elected people, who question whether or not this is happening and is actually a thing. However, we've heard about it repeatedly from indigenous leaders.

Do you have any suggestions on how a government could effectively go about sorting out the various leadership structures and figure out who's actually speaking on the will of the communities?

Also, do you have any views on how it impacts first nations communities when governments impose policies and laws that were explicitly requested by foreign-funded activists, for example, the oil shipping tanker ban, Bill C-48, against the preferences of the locally impacted communities?

Second Reading

[Shannon Stubbs, Conservative, Lakeland, AB]

Mr. Speaker, I am pleased to speak to Bill C-88, another Liberal anti-resource development policy that is driving investment and businesses out of Canada, costing Canadian workers their jobs, costing indigenous people jobs and undermining their aspirations, work and their hopes for self-sufficiency, and increasing poverty rates in the north and in rural and remote regions.

Like the Liberals' no more pipelines Bill C-69, their Arctic offshore drilling ban, and their oil shipping ban bills, Bill C-48 and Bill C-86, Bill C-88 would further politicize resource development by expanding the powers of the cabinet to unilaterally block economic development and would add to the mountain of red tape proponents must overcome before they can get shovels in the ground.

The bill is also a full rejection of calls from elected territorial leaders for increased control over the development of natural resources in their territories and would cede more power and control to the federal government. Bill C-88 would reverse Conservative measures to devolve power to the territories and puts new powers in the hands of the federal cabinet. The Liberals clearly believe that Ottawa knows best.

At the AME Roundup in Vancouver in January, I was in a room full of northerners who were unanimous in their opposition to the Liberal government's “one big park” agenda for the north. There were elected officials, Inuit business leaders and corporate executives with decades of experience working with first nations in resource development in the north.

In Canada, it can take 20 years to get from the discovery of a mineral deposit to a functioning mine. The challenge in the north is that most of the mines are in the final decade of production and no new mines are in the approvals process. Resource projects and communities and residents in the north have to overcome big challenges: geography, climate, distance, access to land and a lack of services and infrastructure in the many remote and rural regions in which these projects are located. The north will pay for the Liberals' mistakes with the loss of an entire generation's economic advancement as mining completely leaves the region.

The previous Conservative government rightly viewed the north as essential to Canada's sovereignty, as a key area at stake in global security and as a place of real potential for significant economic activities today and for decades to come. Conservatives know resource development is often the only source of jobs and business potential in remote and northern regions where they are already scarce.

The Liberals meanwhile are arbitrarily creating huge swaths of protected land with little consultation. The regulatory uncertainty caused by their many bills and policies is making capital harder to access. These actions are challenging meaningful engagement and relationships with first nations in the north, including the Inuit, indigenous people and Métis communities. The Liberals' top-down paternalistic actions rob northerners of opportunities and of decision-making authority and do nothing to reduce poverty in remote northern regions of Canada.

Conservatives, by contrast, have sought to devolve power over and ownership of natural resources to the territories, enabling and empowering their abilities and their authority to manage and benefit from their rich and diverse natural resource opportunities.

In 2007, Neil McCrank was commissioned to write a report on improving the regulatory and environmental assessment regimes in Canada's north. That report, “Road to Improvement”, found the regulatory process in the Northwest Territories at the time was complex, costly, unpredictable and time-consuming. The merging of the three boards into one was a key recommendation. The report said that this approach would address the complexity and the capacity issues inherent to the current model by making more efficient use of expenditures and administrative resources.

Importantly, the report also said that this was not meant to diminish or reduce the influence that aboriginal people have on resource management in the north; rather, it was meant as an attempt to allow for this influence in a practical way, while at the same time enabling responsible resource development.

The option to merge the three separate indigenous boards into the single unified board was also included as an available option in the three modern land claim agreements signed with the first nations in the Northwest Territories.

In 2013, the previous Conservative government introduced Bill C-15 to implement that approach. That bill received overwhelming support in the House. We would not know it from the heckling across the aisle, but including from the Liberal Party. The Liberals and the NDP voted for the bill at the final stage in the House of Commons, but now the Liberals have decided to reverse it, to return to the job-killing overly complex and disjointed “Ottawa knows best” approach, setting back the hopes and aspirations of northern communities that are desperate for natural resource jobs.

It is a myth that indigenous communities, particularly in the north, are opposed to natural resource development. This myth is perpetuated by the Liberal left and elected politicians even in this House of Commons. Indigenous leaders are speaking out against anti-resource activists and in favour of the many benefits and potential for their communities. Bob McLeod, premier of the Northwest Territories, said:

All too often...[indigenous people] are only valued as responsible stewards of their land if they choose not to touch it. This is eco-colonialism.

He went on to say:

...it is oppressive and irresponsible to assume that Indigenous northerners do not support resource development.

PJ Akeeagok of Qikiqtani Inuit Association said, “Absolutely we want to participate in these industries. There’s some real exciting benefits that are out there.” Lee Qammaniq, a heavy equipment operator at Baffinland's Mary River mine, says, “I'm doing it so [my son] can have a better life.”

That ideological and heavy-handed “one big park” agenda in the north is being implemented often without consulting northerners on the use of the land around them. It is threatening the way of life of many Inuit and indigenous communities.

A little farther south, Isaac Laboucan-Avirom, chief of the Woodland Cree First Nation, says:

It frustrates me, as a first nations individual, when I have to almost beg for monies when we're living in one of the most resource-rich countries in the world. Why should our people be living in third-class or second-class communities when we are surrounded by natural resources that go into paving our roads, putting in rec centres, and so on?

In northern Saskatchewan, English River chief Marie Black, speaks about mining for many across the country in her direct assessment, saying, “It is very, very important that we go ahead and work with industry. This is for jobs.”

So many indigenous leaders are speaking out. They are leading the fight, really, about the importance of resource development to their communities to meet their needs right now and for future generations. They are fighting against the layers of Liberal anti-resource development policies and laws that violate their abilities to make decisions about their resources on and around their lands and about which they were not consulted by the Liberals in the first place.

Indigenous communities support sustainable and responsible natural resources development in their territories because it offers a real path to self-sufficiency and a real opportunity for actual economic reconciliation. It damages reconciliation when politicians make promises they do not keep, set expectations and then do not deliver, or pass laws in the apparent best interests of indigenous Canadians without actually fully consulting them.

There is no stronger example of the patriarchal, patronizing and quite frankly colonial approach of the current Liberals than their treatment of first nations who want to develop, provide services, and supply and transport oil and gas. When this Liberal Prime Minister vetoed the northern gateway pipeline, he killed benefit agreements between the project and 31 first nations that were worth $2 billion. Those 31 first nations said:

We are deeply disappointed that a Prime Minister who campaigned on a promise of reconciliation with Indigenous communities would now blatantly choose to deny our 31 First Nations and Métis communities of our constitutionally protected right to economic development.

The Liberals' shipping ban, Bill C-48, is opposed by more than 30 first nations in B.C. and in Alberta because it would kill economic opportunities for their communities. Chief Isaac Laboucan-Avirom says, “What I don't understand about this tanker moratorium is that there's no other tanker moratorium on other coastlines in Canada. You have oil coming in from Saudi Arabia, up and down the St. Lawrence River right now.”

Gary Alexcee, deputy chief of Eagle Spirit Energy Holding Ltd., said:

With no consultation, the B.C. first nations groups have been cut off economically with no opportunity to even sit down with the government to further negotiate Bill C-48. If that's going to be passed, then I would say we might as well throw up our hands and let the government come and put blankets on us that are infected with smallpox so we can go away. That's what this bill means to us.

He went on to say:

Today, the way it sits, we have nothing but handouts that are not even enough to have the future growth of first nations in our communities of British Columbia.

Then, there is the targeted northern offshore drilling ban, incredibly announced in southern Canada by this Prime Minister without any real consultation with the most directly impacted indigenous communities, their elected leaders or indigenous-owned businesses.

Duane Smith, chair and CEO of the Inuvialuit Regional Corporation, says:

We are sitting on nine trillion cubic feet of gas and it doesn't make sense for the community to truck in its energy source from 2,000 kilometres away when we should be developing these.

Northwest Territories premier, Bob McLeod, said, “It feels like a step backward.” He went on:

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

He confirmed that this Prime Minister only informed him about the decision two hours before he made the announcement.

Nunavut's former premier, Peter Taptuna, has said, “We have been promised by Ottawa that they would consult and make decisions based on meaningful discussion. So far that hasn't happened.”

Even Liberal Yukon Premier Sandy Silver, whose territory is not affected by the bans, sided with his northern counterparts, saying, “When you have unilateral decisions being made in any topic on considerations that affect the North, you need to have northerners in those conversations.”

There was also, of course, the announcement made in Washington, D.C. that a large portion of Canada's territories will be prohibited from development, again with minimal or no consultation with actual northerners.

The mayor of Tuktoyaktuk recently said at a House of Commons committee:

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

He specifically took issue with matters addressed by the bill, saying, “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 Liberal approach to the north is not empowering first nations. It is trapping the Inuit and indigenous people of the north in poverty by blocking their best opportunities for jobs, for government revenues and for social services to deal with all the needs that colleagues here are raising in this debate, for healthy living and to help make life more affordable.

Northerners know that Bill C-88 would add another roadblock to resource development on top of the Liberals' “no more pipelines” Bill C-69.

While co-management of the assessment process limits some of the damage of Bill C-69, this legislation would still have a significant impact on resource development in the north. Whether it is changes to the navigable waters act, falling investment dollars in natural resource projects across Canada or limited essential services, equipment and expertise to develop projects in the north, this flawed legislation would damage the north.

Dozens of indigenous communities, along with the National Coalition of Chiefs, the Indian Resource Council, the Eagle Spirit Chiefs Council, Alberta's Assembly of Treaty Chiefs and the majority of Treaty 7 first nations, as well as hundreds of indigenous companies, are joining premiers and industry leaders in opposing Bill C-69.

Experts in indigenous law and rights are clear. Bill C-69 does nothing concrete to improve indigenous consultation, either by expanding the scope of indigenous rights or by practically increasing the measures, expectations and standards for the Crown's duty to consult. In fact, it actually weakens indigenous voices in the assessment process by removing the standing test and opening up project reviews to literally anyone, anywhere, instead of focusing on input from locally impacted Canadian citizens, indigenous communities, and subject matter and technical experts.

Mark Wittrup, vice-president of environmental and regulatory affairs at Clifton Associates, has said, “The proposed [impact assessment] process will create significant delays, missed opportunities and likely impact those that need that economic development the most: northern and Indigenous communities.”

Indigenous leaders have also noticed. Roy Fox, chief of the Blood Tribe first nation and a former CEO of the Indian Resource Council, has said, “I don't have any confidence in Bill C-69. I am fearful, and I am confident, that it will keep my people in poverty.”

Stephen Buffalo, the president and CEO of the Indian Resource Council, which currently represents more than 100 indigenous oil and gas developers, has said, “Indigenous communities are on the verge of a major economic breakthrough, one that finally allows Indigenous people to share in Canada's economic prosperity. Bill C-69 will stop this progress in its tracks.”

The more than 30 first nations in the Eagle Spirit Chiefs Council say they will take the government to court over C-69, because the bill could make it “impossible to complete a project” and because the removal of the standing test could lead to foreign interests “overriding the interests of aboriginal title holders” in Canada.

Bill C-88 is yet another example of the Liberals' pattern of adding red tape and roadblocks to resource development, which is something a Conservative government will reverse to help northern indigenous communities, all northerners and all Canadians get ahead.

The future of mining in Canada is very much related to opening up the north. Conservatives know how crucial infrastructure is to this ambition, as it can cost up to six times more to explore, and two and a half times more to build mines in remote regions. The Liberal-imposed carbon tax will hike the already expensive cost of living and cost of operations in the north even higher.

The Conservative Party has long believed that this means giving northerners the autonomy to make decisions based on their priorities and to benefit from those decisions the same way the provinces do.

In natural resources, mining is one of the areas where first nations are the most active, having secured 455 agreements in the sector between 2000 and 2017, often including priority training, hiring and subcontracting commitments. In 2016, indigenous people working in the mining sector had a median income twice as high as workers in their communities overall and nearly twice as high as that of non-indigenous people as a whole.

The problem is that mines are currently in the later years of their productive life, and there are no new mines in the approvals process. By reverting to the old, convoluted impact assessment and approvals process, the Liberals are reintroducing a major barrier to proposing and then actually completing projects in the Northwest Territories. Therefore, as I said before, the north will pay for Liberal mistakes with the loss of an entire generation's economic advancement as mining completely leaves the north.

However, there is hope. Conservatives will work to cut unnecessary red tape to bring investment and jobs back to Canada, while maintaining, enhancing and protecting Canada's reputation. Our reputation is second to none as a global leader in environmental standards, performance, and community and indigenous consultation for responsible resource development.

Conservatives know the reality is that when a resource project gets shut down in Canada, the most regulated and environmentally responsible major resource producer in the world, all it means is that the money, the businesses and the jobs go to countries with lower environmental, civil and human rights protections and standards.

The world needs more Canadian resource development, not less of it. Canada can and must still protect the environment while getting to a “yes” on major projects. When approval is given, the projects must be able to get built. Instead of turning the north into one big park, the Liberals should listen to northern first nations and hear their call for empowerment to develop their natural resources in a responsible and sustainable way.

This bill represents a major regression in the ability of northerners to manage their own natural resources to the benefit of their communities and in the best interests of the entire country. This legislation is yet another example of the Liberal government believing it knows better than local communities, indigenous communities, regions and provinces, resource developers and private sector proponents.

Conservatives will work to reverse these damaging legislative changes, eliminate the roadblocks that the Liberals are putting in the path of northern resource projects and of indigenous communities, and help northern Canadians and all Canadians get ahead.

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

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

The bill would make two amendments to the Mackenzie Valley Resource Management Act of 1998, and I will refer to this in my speech going forward as MVRMA. Part A reverses 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, Northwest Territories Devolution Act of 2014.

Part B 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 freezes the terms of existing licences to prevent them from expiring during a moratorium.

Bill C-88 is yet another Liberal anti-energy policy in a long list of policies from the government that are driving energy investments out of Canada, costing Canadian workers their jobs and increasing poverty rates in the north.

First, I will speak to part A of the bill, the section that reverses the previous government's initiative to consolidate for the devolution of governance of the Northwest Territories, wherein the federal government transferred control of the territories' land and resources to the Northwest Territories government.

Part of that plan sought to restructure the four Mackenzie Valley land and water boards into a single consolidated superboard, with the intent to streamline regulatory processes and enable responsible resource development. For the reasons why this was proposed under Bill C-15, we have to turn back the clock nearly seven years earlier when, in 2007, then-minister of Indian affairs and northern development, the hon. Chuck Strahl commissioned a report on improving regulatory and environmental assessment regimes in Canada's north.

The consolidation of the Mackenzie Valley land and water boards into one entity was a key recommendation, which would address the complexity and capacity issues by making more efficient use of expenditures and administrative resources, and allow for administrative practices to be understandable and consistent.

Furthermore, during debates in the House in 2013 and 2014, the then-minister of aboriginal affairs and northern development, Bernard Valcourt and the member for Chilliwack—Hope, or as it was known back then, Chilliwack—Fraser Canyon, pointed out that the restructured board was included in the final version of the modern land claim agreements.

The proposed changes were not acceptable to everyone, and two indigenous groups, the Tlicho Government and Sahtu Secretariat, filed for an injunction with the Northwest Territories' Supreme Court to suspend the related provisions.

They argued that the federal government did not have the authority to abolish the Mackenzie Valley regulatory regime without consultation with affected indigenous communities. I should point out that, at the time, Liberal members of Parliament voted in favour of Bill C-15 when it was debated in Parliament, including the Prime Minister.

The report commissioned by the then-minister of Indian affairs and northern development was never meant to diminish the influence that indigenous people have on resource management in the north. Rather, it was meant to allow for this influence in a practical way, while at the same time enabling responsible resource development through an effective regulatory system.

This brings us back to today and the bill currently before us. As previously mentioned Bill C-88 would repeal the restructuring of the four land and water boards but also reintroduce regulatory provisions that were included in the previous Conservative government's Bill C-15.

These provisions have been redrafted to function under the current four-board structure and provide for the following: an administrative monetary penalty scheme that will provide inspectors with additional tools to enforce compliance with permits and licences under the MVRMA; an enforceable development certificate scheme following environmental assessments and environmental impact reviews; the development of regulations respecting consultation, which are intended to help clarify the procedural roles and responsibilities respecting indigenous consultation; clarification of requirements for equal proportions of nominees from government and indigenous governments and organizations; a 10-day pause period between a board's preliminary screening decision and the issuance of an authorization to allow for other bodies under the MVRMA to refer a project to an environmental assessment; regional studies that provide the minister with the discretion to appoint committees or individuals to study the effects of existing and future development on a regional basis; the authority to develop cost-recovery regulations that would provide the federal government with the ability to recover costs associated with proceedings; and the extension of a board member's term during a proceeding to ensure board quorum is maintained until the conclusion of an application decision.

These are good regulations and I am glad to see that the current government is continuing on with that and did not throw away these provisions.

The Liberals will say that Bill C-88 is about consultation, however, under part 2 is where the real motivation for Bill C-88 becomes evident.

Part 2 is simply the Liberals' plan to further politicize the regulatory and environmental processes for resource extraction in Canada's north by giving cabinet sweeping powers to stop projects based on its so-called national interest. So much for the comments from the parliamentary secretary to the minister of indigenous and northern affairs, who, on speaking to the Conservatives' Bill C-15 on February 11, 2014, said:

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.

I would agree with that.

Bill C-88 exposes the Liberals' full rejection of calls from elected territorial leaders for increased control of their natural resources. The Liberals have demonstrated disregard for those who speak truth to power, they have demonstrated contempt for indigenous peoples advocating for the health and welfare of their children and now they are adding indifference for northern Canadians' interests to their long litany of groups marginalized by the Liberal government.

The Conservatives strongly criticized the Liberals for a moratorium on offshore oil and gas development in the Beaufort Sea, an announcement made in December 2016, in Washington, D.C. by the prime minister, an announcement, I might add, where territorial leaders were given less than an hour's notice. The Liberal government's top-down maternalistic approach to northerners must end. It does nothing to reduce poverty in remote and northern regions of Canada.

Like Bill C-69, the no-more pipelines bill before it, Bill C-88 politicizes oil and gas extraction by expanding the powers of cabinet to block economic development and adds to the increasing levels of red tape proponents must face before they can get shovels into the ground. Like Bill C-68, the convoluted navigable waters bill before it, Bill C-88 adds ambiguity and massive uncertainty in an already turbulent investment climate. Like Bill C-48, the tanker ban bill before it, Bill C-88 aims to kill high-quality, high-paying jobs for Canadians and their families who work in the oil and gas-related industries.

We know the Prime Minister's real motivation. He spelled it out for us at a Peterborough, Ontario town hall in January 2017, when he clearly stated that he and his government needed to phase out the oil and gas industry in Canada. The Prime Minister's plan to phase out the energy industry has been carried out with surgical precision to date.

The Liberals' job-killing carbon tax is already costing Canadian jobs. Companies repeatedly mention that the carbon tax is the reason they are investing in jobs and projects in the United States over Canada. The Liberals new methane regulations could end refining in Canada by adding tens of billions of dollars of cost to an industry that is already in crisis.

The Liberals introduced their interim review process for oil and gas projects in January 2016, which killed energy east, the 15,000 middle-class jobs it would have created and the nearly $55 billion it would have injected into the New Brunswick and Canadian economies, a review process which delayed the Trans Mountain expansion reviews by six months and added upstream admissions to the review process.

The Liberal cabinet imposed a B.C. north shore tanker ban within months of forming government, with no consultation or scientific evidence to support it. The Liberals cancelled the oil and gas exploration drilling tax credits during a major downturn in the oil and gas sector, which caused the complete collapse of drilling in Canada. The Liberals' proposed fuel standard will equate to a carbon tax of $228 per tonne of fuel according to their own analysis.

When the Prime Minister vetoed the northern gateway pipeline, he killed benefit agreements between the project and 31 first nations, worth about $2 billion. The unprecedented policy will apply not to just transportation fuels but to all industries, including steel production, heating for commercial buildings and home heating fuels like natural gas.

All this is destroying energy jobs and investment from coast to coast to coast. Now, with Bill C-88, we add another coast, the northern coast.

The Liberals love to champion the Prime Minister's personal commitment to a new relationship with indigenous people through new disclosure and friendly policies. They will, no doubt, due so again with Bill C-88.

This is what some organizations and people have to say, with respect to the Prime Minister's so-called commitment:

Stephen Buffalo, the president and CEO of the Indian Resource Council, in the National Post, October 19, 2018 stated:

...the government of Canada appears to consult primarily with people and organizations that share its views...It pays much less attention to other Indigenous groups, equally concerned about environmental sustainability, who seek a more balanced approach to resource development.

Here is another quote from that article:

The policies of the [Prime Minister's] government are systematically constraining the freedom and economic opportunities of the oil- and gas-producing Indigenous peoples of Canada. We are not asking for more from government. We are actually asking for less government intervention

Roy Fox, chief of the Kainaiwa first nation, in The Globe and Mail, December 10, 2018 stated:

While the Kainaiwa [nation] continue to fight against high unemployment, as well as the social destructiveness and health challenges such as addiction and other issues that often accompany poverty, my band’s royalties have recently been cut by more than half. Furthermore, all drilling has been cancelled because of high price differentials – the enormous gap between what we get on a barrel of oil in comparison to the benchmark price – which has limited employment opportunities on our lands.

Chief Fox continued:

...it’d be an understatement to say the policies proposed within Bills C-69 and C-48 are damaging our position by restricting access and reducing our ability to survive as a community....I and the majority of Treaty 7 chiefs strongly oppose the bill for its likely devastating impact on our ability to support our community members, as it would make it virtually impossible for my nation to fully benefit from the development of our energy resources.

I can continue to read quotes. However, we here on this side of the aisle are deeply disappointed that the Prime Minister, who campaigned on a promise of reconciliation with indigenous communities, blatantly would allow and choose to deny our 31 first nations and Métis communities their constitutionally-protected right to economic development.

This is from the Aboriginal Equity Partners:

We see today's announcement as evidence of the government's unwillingness to follow through on the Prime Minister's promise.

The Government of Canada could have demonstrated its commitment by working with us as environmental stewards of the land and water to enhance marine safety. All 31 AEP plus the other affected communities should have been consulted directly and individually in order to meet the Federal Government's duty to consult.

I have said this many times in my speech. It is time to stop politicizing these projects. Bill C-88 politicizes oil and gas development in the far north by providing the cabinet in Ottawa the unilateral power to shut down oil and gas development without consulting the people it affects directly.

I want to point to a few “key facts” from NRCAN's website. It states that in 2017, Canada’s energy sector directly employed more than 276,000 people and indirectly supported over 624,000 jobs; Canada’s energy sector accounts for almost 11% of nominal Gross Domestic Product (GDP); government revenues from energy were $10.3 billion in 2016; more than $650 million was spent on energy research, development, and deployment by governments in 2016-17; and Canada is the sixth largest energy producer, the fifth largest net exporter, and the eighth largest consumer

Just last week, in The Globe and Mail, David McKay, the president and CEO of the Royal Bank of Canada, stated:

History has placed Canada at a crossroads. No other country of 37 million people has access to more natural resources – and the brainpower to convert those resources into sustainable growth for a stronger society.

And yet, Canada is at risk of taking the wrong turn at the crossroads because some believe there are only two paths: one for economic growth, and the other for environment.

We’re seeing this dilemma play out in Canada’s energy transition as we struggle to reconcile competing ideas.

We aspire to help the world meet its energy needs and move to ever-cleaner fuel sources. We aim to reduce our carbon footprint. We want Indigenous reconciliation and long-term partnership. And we hope to maintain the standard of living we have come to enjoy.

But without a balanced approach to harnessing our energy future, all of this is at risk.

We need to take a third path--one that will help us develop our natural resources, invest in clean technologies and ensure a prosperous Canada....

But we’re reaching a critical time in our country’s history.

As our resources sector copes with a growing crisis, we worry that Canada is not setting up our energy industry for growth and success in a changing world.

When I travel abroad, and proudly talk up our country, too many investors tell me they feel Canada's door is closed when it comes to energy. We need to change that impression immediately, because these investors are backing up their words with action.

According to a recent study from the C.D. Howe Institute, Canada has lost $100-billion in potential investment in oil and gas in the past two years.

We can’t forget that energy is not only part of the economic fabric of Canada, it also funds our social needs. The sector has contributed $90-billion to government revenues over the past five years, which covers about 10 per cent of what the country spends on health care, according to RBC Economics.

And if we squander our huge advantage and cede the dividends to other countries, we’ll also risk losing the opportunity to help combat the most daunting challenge of all – climate change.

The article ends with the following charge to government:

We can’t stay at a crossroads.

It’s time for Canada to pull together on a plan – one that re-energizes our place in the world.

The Conservatives have long viewed the north as a key driver of economic activity for Canada for decades to come. The Liberals, however, view the north as a place to create huge swaths of protected land and shut down economic activity.

Bill C-88 appears to be based in a desire to win votes in major urban centres rather than reduce poverty in remote regions of Canada. Northerners face the unique challenges of living in the north with resilience and fortitude. They want to create jobs and economic opportunities for their families. They deserve a government that has their backs.

We are at a crossroads and it is time for Canada to pull together a plan. The Conservatives are up to that challenge. We look forward to unveiling our plan and growing the economy in the next election for voters to decide for themselves who really has the best interests of Canadians.

Foreign Lobbyist Transparency Act

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

Madam Speaker, I am pleased to rise today to speak to Bill C-278, an act to amend the Lobbying Act, specifically with regard to reporting obligations.

Canadians have a right to know when foreign entities are trying to influence federally elected officials. The intent of this bill is to require the sources of any foreign funding received by lobbyists and grassroots organizations to be reported in the lobbyist registry to provide Canadians with greater transparency about who is actually lobbying their politicians.

This bill aims to make two changes to the current law.

The first amendment requires all corporations and organizations that lobby the government to disclose all funds received from foreign nationals, non-resident corporations and non-resident organizations. Lobbyists would then need to disclose the original foreign source of their funding, rather than hiding behind layers of shell companies or a chain of charities and foundations.

The second amendment expands the types of activities that lobbyists must report, specifically requiring reporting of any activities that appeal to the public directly or through mass media to try to persuade them to communicate directly with public office holders to influence their opinion. Reporting any grassroots communications—and I say “grassroots” loosely—funded by foreign actors that impacts the government's ability to consult the Canadian public on a specific course of action would allow the Canadian public to assess for themselves the motives of these actors.

The bill does not restrict or prohibit any groups from seeking foreign funding, nor does it restrict or prohibit their right to protest; it simply requires organizations that want to participate in our democracy to be honest and transparent. It provides transparency to Canadians and allows them to draw their own conclusions from that clarity.

My colleague from Renfrew—Nipissing—Pembroke should be commended not only on a well-thought-out and important bill that strengthens democracy in this country, but also on her patience. Nearly three years ago, the foreign lobbyist transparency act was introduced and received first reading. In that time, the Liberal government bought a $4.5-billion pipeline nobody wanted to sell, and now we cannot even build it. The Liberal government killed energy east, a $12-billion pipeline that would have brought economic prosperity to New Brunswick and other provinces right across the country. The government killed northern gateway, an $8-billion project that would have seen Alberta oil get to lucrative markets in Asia to the benefit of all Canadians. The energy sector has lost $100 billion in potential investment, which is equivalent to 4.5% of Canada's gross domestic product. Capital investment in the mining sector has fallen every year that the current government has been in power. The value of total mining projects planned and under construction from 2018 to 2028 has been reduced by 55% since 2014, from $160 billion to $72 billion.

We have seen Bill C-69, the no-more-pipelines bill, and Bill C-48, the anti-tanker bill—which does not stop tankers, just Canadian tankers—pass in this House.

The polices of the Liberal government have doomed the Canadian natural resources sector.

While this bill has floundered in the House, a lot of time has passed for lobbyists to influence the government's policy decisions. We must have robust lobbyist regulations in place so that Canadians can have a clear picture of who is attempting to influence whom.

However, when it comes to the manipulation of domestic policy by foreign entities, the picture is not so clear. A CBC report in mid-February analyzed more than 21,000 tweets from so-called “troll accounts” that had been deleted by Twitter and that had set their sights on Canada, including on the pipeline debate. The report found 245 accounts re-tweeting messages about the pipeline and circulating media articles and re-tweets from the accounts of anti-oil activists.

According to the report, the foreign accounts are suspected of being based in Russia, Iran and Venezuela. It should come as no surprise that these three countries produce large amounts of oil. Russia and Iran are second and third respectively in global oil exports.

The hon. Minister of Natural Resources was questioned by the media about this foreign attack on Canada's oil and gas sector, and he had this to say:

Its always concerning when you have people from outside of your country trying to influence the decision-making. There is a legitimate way of doing that, and that's through diplomacy and other venues and avenues.... Misinformation and information that is not based on facts is never healthy for any democratic process to take place.

I could not agree more, and while this incident might not be caught up in this legislation, it is a symptom of the cold. By having in place a stronger, healthier act governing lobbying activity in this country, we can innoculate ourselves better against all forms of foreign influence in our political decision-making process.

We are all aware of the work of Vivian Krause, who has been researching the oil sands for nearly a decade and believes that there is a concerted push against Canadian oil, funded by U.S. interests, to keep Alberta oil chained to U.S. markets. Over the past 10 years, nearly $90 million in foreign funding, according to Krause, has gone into this endeavour.

Whether one believes that American philanthropists are behind the scheme to keep Canadian oil in the ground, whether one believes it is American industrialists ensuring low prices by restricting access to international markets, or whether one believes the whole thing is just a conspiracy theory, the fact remains that the amendments in the bill will illuminate the matter and provide a clear picture for Canadians to judge for themselves what is really going on.

That is what this bill is all about. It is about giving power to Canadians to judge for themselves. Almost two-thirds of Canadians have identified oil and gas as one of the most critical economic sectors in the entire country. Sixty-nine per cent of Canadians say that the country will face a considerable or significant economic impact if no new oil pipelines are built. Fifty-two per cent support constructing both the Trans Mountain and the now cancelled energy east projects, while 19% oppose both.

Are these opinions influenced by subversives, pro- or anti-oil, or are they based on clear economic, scientific and environmental facts? There are divisions, for sure, and alternate opinions are important in the policy-making process, but it is Canadians' opinions that need to shape Canadian policy, not foreign entities with their own political and economic agendas.

Earlier in the debate, on January 31, the member for Saanich—Gulf Islands asked if there was any concern, I believe her word was "disturbed," that the Fraser Institute had received more foreign funding to defend pipelines than environmental groups had received from the U.S. to attack Canadian pipelines. Yes, everyone in the House should be concerned when anyone is receiving foreign funds to influence Canadian policy, but it is far more important, in fact it is our duty here in this place, to be influenced by the 69% of Canadians who are worried about the significant economic impact if no new oil pipelines are built or the 52% for and the 19% opposed to the construction of the Trans Mountain and energy east pipelines.

During the debate on Bill C-278, the hon. member for Vancouver Quadra raised a concern that the lobbyist community might face an increased reporting burden and that any amendments must “respect the principles of the act, which seek to strike a balance between transparency and ensuring that the compliance burden imposed on lobbyists is reasonable and fair.” I believe, as do the vast majority of Canadians, it seems, that protecting our democracy from foreign influence might just be worth increasing the reporting burden for lobbyists.

Bill C-278, the foreign lobbyist transparency act, would achieve financial clarity and improved accountability through the public reporting of payments made by foreigners to lobbyists.This is a non-partisan piece of legislation that would support a healthy, transparent and accountable democracy for Canadians from coast to coast to coast, and I look forward to it undergoing full scrutiny at committee, returning and passing in the House.

Financial Statement of Minister of Finance

[Pierre Poilievre, Conservative, Carleton, ON]

Yes I will, Mr. Speaker.

I will restart the quote and I will properly ascribe pronouns and titles in place of personal names. Grand Chief Stewart Phillip is the grand chief of, I believe, the union of first nations in British Columbia. He said of the Prime Minister:

Well it was deeply disappointing to know and understand at this late date in the game that the vision and the promises [of the Prime Minister] that [he] announced in October 2015 have not come to pass. All of the promises and the commitments that he made have simply been set aside and now that he’s under tremendous pressure from the [former attorney general in the] SNC-Lavalin issue, [the Prime Minister] is really revealing himself to be who he really is, which is a very self-centred, conceited, arrogant individual and I think that was demonstrated with his very smug, mean-spirited response to the Grassy Narrows demonstrator. That situation is tragic. Many, many people have died. Many people are handicapped and living with the legacy of mercury poisoning and, you know, he’s such an arrogant individual. It’s very disturbing and very disappointing.

That respected chief was referring to the Prime Minister's disgusting comment at a recent $1,500 a ticket fundraiser where he was speaking to a bunch of well-connected Liberal lobbyists and wealthy donors. A courageous whistle-blower stood up and warned him about an issue of mercury poisoning in an aboriginal community. He had the audacity to laugh about the incident and say, “Thank you for your donation.” Then he said again, “Thank you for your donation to the Liberal Party of Canada.” He actually said it twice.

Of course, the millionaire Liberals in the room burst into uproarious laughter, thinking it was just hilarious, as she was being dragged out by security. He made a joke at the expense of the people suffering from mercury poisoning on a first nations reserve, saying, “Thank you for your donation”.

Is it not nice that he and his wealthy friends can gather together and luxuriate at a beautiful reception. with fine wine and other delicious liqueurs they can enjoy in the comfort and safety of a place where the water is not poisoned by mercury? However, God forbid, someone should stand up and confront him when he thinks no one is looking, when he did not know he was on camera. The real Prime Minister reveals himself, when he is not the drama teacher we all see on television.

The interview continued. Mercedes Stephenson then said, “The prime minister did apologize for his tone and what he said in that video. I take it that that apology doesn’t mean much to you.”:

The response from the grand chief was, “No. You know, I think at this late stage in the game, again, we’re used to [the Prime Minister's] apologies and alligator tears. It’s not about apologies. It’s about getting it right.”

The grand chief made a very good point there, when he talked about the Prime Minister's alligator tears. The Prime Minister has substituted his ability to generate these phony tears on demand for real action on behalf of the first nations people. They were not looking for more water to pour out of his eyeballs. They were looking for fresh water and clean water that they could drink on reserve, and he did not provide any of that. Instead, he provided a disgusting display of mockery against those same people.

Mercedes Stephenson then asks, “How would you describe the relationship between the government and Indigenous communities under the [Prime Minister] compared to previous governments?”

Grand Chief Stewart Phillip replies:

Well, I think started off with a great sense of hope and anticipation that the [Prime Minister and his] government was going to...embrace a UN declaration on the rights of Indigenous peoples and the TRC calls to action were going to be fully implemented, that there was going to be a seismic change with respect to our jurisdictional issues and the other issues around energy in this country. And as time has moved forward, all of those promises have been simply swept aside and have not come to pass. And here we are, six months out from the next...election and we’re faced with the [Prime Minister's] government totally unravelling, coming apart at the seams and without question, the sun is setting on [this Prime Minister].

Mercedes Stephenson continued the interview:

Do you think it’s that the government isn’t committed to reconciliation or that it’s simply much more difficult than they were anticipating and it’s taking more time and more effort to solve what are some very complex problems?

Grand Chief Stewart Phillip replied:

Well, quite honestly, I think that the clip that we witnessed, the most disturbing part of that clip, aside from the smugness and the mean-spirited remark on the part of the prime minister, was the spontaneous applause from the Liberal Party members who were attending, which to me is a reflection on the heart and soul of the Liberal Party, which for many, many decades has had this arrogant sense of entitlement, that they are a national party that is so accustomed to forming government and I think that’s the central issue here. [The] Prime Minister...paid a lot of lip service, you know, to this historic change but I don’t think the party itself was, you know, that much in support of those visionary statements made by [the] Prime Minister...in the early days of his tenure.

Then Ms. Stephenson asked the grand chief about the former attorney general, as follows:

Are you upset because of what happened there or is it also about the government not meeting the promises that you feel they put out there?

Grand Chief Stewart Phillip replied:

It’s both. But believe me, British Columbians, the Indigenous community in British Columbia, were so proud when [the former attorney general] was appointed as justice minister. We have had the privilege and the honour of working with her and we know her to be deeply committed, very conscientious and an absolute work horse. And she’s very meticulous in terms of preparation and keeping records of meetings and so on and so forth. And we knew immediately that the efforts to smear [the former attorney general] were politically motivated and needless to say, we were deeply angered by how terribly she was treated as an Indigenous woman, when the prime minister said there was nothing more dear to him than relationships with Indigenous peoples and in a very misleading way has always held himself out as a feminist.

Then Ms. Stephenson finished up the interview. I encourage everyone to watch the interview and listen to the grand chief's words, which they will find very revealing indeed about the Prime Minister's true motivations and his true character in respect of the issue of reconciliation.

Nowhere is this more evident than in the Prime Minister's decision to trample all over the will of first nations peoples in the approval or rejection of pipelines. First nations people supported the northern gateway pipeline. It was a wonderful opportunity for northern British Columbian first nations communities to generate billions of dollars for schools and hospitals and thousands of jobs for young people bursting with potential but lacking opportunity to fulfill it.

The aboriginal population in the country is the youngest of any demographic. We have this spectacular opportunity for Canada to address its aging population and retiring workforce by expanding opportunity to young first nations people to take on excellent jobs of the future. Many of those good, high-paying jobs, will be in natural resource sectors: building pipelines, pipefitting, welding, operating heavy machinery to install those pipelines and, of course, rightfully collecting royalties from the resulting economic wealth these projects generate.

One thing a lot of people who oppose natural resource projects do not realize is their potential to pay royalties to the rightful owners of the land, in many cases first nations communities. That is why energy companies regularly sign agreements, not only to pay directly to first nations governments revenues that can be used to build schools, hospitals and clinics and provide other services, but also to employ a youthful workforce in those communities.

Let me start with the northern gateway pipeline, which the Prime Minister vetoed, even though it had already been approved and the majority of first nations communities on the pathway of the pipeline had supported it. Many of them had signed benefit agreements with the company Enbridge to share in the prosperity that would come from that project. It is a constitutional obligation to consult with first nations people when their interests are directly affected by a natural resources project in or around their lands. That happened in the case of northern gateway. The project was approved.

However, in the last election, the Prime Minister ran on killing the project, because he wanted to take advantage of a hard-core anti-development agenda that was popular with the far-left base of his party in certain parts of the country. He also wanted to take advantage of the copious foreign dollars that were pouring into Canada to influence the outcome of the last election against resource development.

We now know these foreign interests do not want Canadian resources to get to market, because they are profiting from keeping Canada landlocked in its oil and gas sector. Why? Saudi Arabia, Algeria, Venezuela and numerous other foreign producers of oil do not want to have to compete with Canada. One easy way to prevent that competition is to block the construction of pipelines to tidewater. As a result of the fact we cannot expand our pipeline network to the east and west coasts, we ultimately have to sell 99% of our oil exports to the United States of America, which is the other foreign interest.

The refineries south of the border profit from buying Canada's oil at 40% and 50% price discounts and selling it to the world market at full price. They buy from Canada at 20 bucks, sell to the world at 50 bucks and pocket the difference. No wonder these foreign interests do not want Canada to have pipelines. It has been documented that millions of dollars poured into Canada through various forms of Internet advertising to dissuade people from supporting pro-development politicians, ultimately resulting in the election of an anti-development government. However, the victims of that political agenda, which the Prime Minister deliberately played into, have been first nations people.

Let me read from an article in the Financial Post entitled, “‘We are very disappointed’: Loss of Northern Gateway devastating for many First Nations, chiefs say”.

The article from the April 10, 2017, edition states:

Most aboriginal communities in northern British Columbia impacted by the Northern Gateway pipeline supported the $7.9 billion project and are angry [the Prime Minister] rejected it, say representatives of three of the bands.

Elmer Ghostkeeper of the Buffalo Lake Metis Settlement, Chief Elmer Derrick of the Gitxsan Nation, and Dale Swampy of the Samson Cree Nation said on the sidelines of a private meeting in Calgary on Friday with oilpatch leaders they are disappointed in the “political decision,” which they say was made without their input.

Let us stop there for a second.

The Prime Minister claims to support the constitutional obligation to consult with first nations people on resource projects, but does that consultation only go ahead with those who oppose development? What about consulting the communities, of which the majority support the development? Do they not have the constitutional right to be consulted by their government?

In that case, I would challenge the Prime Minister to tell me: How many first nations communities that had benefit agreements in the northern gateway pipeline did he meet with and consult personally before he vetoed the project?

The article continues:

They are now looking for ways to generate new energy development.

Ghostkeeper said more than 30 of the 42 bands on the Alberta-to-West Coast pipeline's right-of-way were looking forward to sharing in the construction and long-term benefits.

“Their expectations were really raised with the promise of $2 billion set aside in business and employment opportunities,” Ghostkeeper said before addressing the Canadian Energy Executive Association at the Calgary Petroleum Club. “Equity was offered to aboriginal communities, and with the change in government that was all taken away. We are very disappointed in this young government.”

Ghostkeeper said he'd like to see an oil pipeline revived, but led by aboriginals. “We have to partner with the oil and gas industry and be treated as equals, not as token, because any natural resource project that is going to take place on traditional lands has to be given free, informed, prior consent now. The old ways of doing business doesn't cut it.”

I continue to quote from the story:

Derrick said his band was supportive from the outset, but the Prime Minister didn't want to hear from supportive communities. “The fact that the Prime Minister chose not to consult with people in northwestern B.C. disappointed us very much,” he said.

Swampy said some of the bands are discussing legal action against the federal government for rejecting the project without proper consultation.

“They understand that it was a political decision, and not a decision acting in the best interests of Canadians,” Swampy said. “They weren't asked about the financial effect, the lost employment. They are trying to get themselves out of poverty, the welfare system that they are stuck to, and every time they try to do something like that, it's destroyed.”

Let me repeat that for the self-righteous anti-development types such as the Prime Minister, who consistently block these resource projects. Let me quote again from this first nations leader. He says of the local indigenous communities that wanted this project:

They weren't asked about the financial effect, the lost employment. They are trying to get themselves out of poverty, the welfare system that they are stuck to, and every time they try to do something like that, it's destroyed.

That was the effect of the Prime Minister's personal decision to veto the northern gateway pipeline. I quote the article:

Saying “the Great Bear Rainforest is no place for a pipeline and the Douglas Channel is no place for oil tanker traffic,” [the Prime Minister] killed Northern Gateway last November. The Enbridge Inc. project had received regulatory approval, as well as approval from the previous Conservative government, after a decade of planning and more than half a billion in spending.

Think about that. First nations, entrepreneurs and the previous Harper government consulted, studied and examined the ecological and economic impacts for a decade. The company spend half a billion dollars on that process, yet after the independent Energy Board concluded it was in the public interest and it was environmentally safe, the Prime Minister politically interfered and overturned the decision without consulting with the communities on first nations that had supported it and counted on it as their best hope to escape poverty.

The article goes on:

[The Prime Minister] also imposed a ban on tanker traffic on the northern B.C. Coast, while approving Kinder Morgan’s TransMountain pipeline expansion and the upgrading of Enbridge’s Line 3.

I will stop quoting right here.

In the case of Kinder Morgan's Trans Mountain, the Prime Minister claims he has approved that. Not a single shovel is in the ground, all these years later. Not a single inch of steel has been added in pipeline to the Kinder Morgan project. It has been entangled in political obfuscation now for years, even though it must be the least controversial project in the history of pipelines. They are not even seeking a new right-of-way. The pipeline is already there, and they are simply looking to twin it so that its capacity can go from the existing 300,000 barrels to 900,000.

So far, the Prime Minister has bought the old pipeline but done nothing to build the new pipeline. The courts have found that once again he failed to properly consult first nations communities along the route of the Kinder Morgan project and as a result had to go back to the drawing board and start all over. In the process, he has moved as slowly as possible. Do nothing in a mile that could be done in a yard. Do nothing in a yard that can be done in a foot. Do nothing in a foot that can be done in an inch.

The process inches along, with the Prime Minister giving vague reassurances that some day, one day, steel will be in the ground and we will begin building this project, a project on which he has already spent $4.5 billion in exchange for nothing we did not already have.

We know his real agenda, though. He is going to get through the next election by trying to convince Canadians, who polls show support pipelines, that he does too. If he gets back in, there will be no pipeline built, just as there has not been for the last three and a half years, because he is ideologically opposed to energy development.

He said so. He said he wants to phase out the oil sands. Those were his words, and he is succeeding. By blocking the three pipelines that were ready to go when he took office—Trans Mountain, northern gateway and energy east—he has landlocked the industry, put 100,000 people out of work and, as I was just saying, has attacked the interests and the autonomy of the indigenous community.

I was earlier quoting from the Financial Post in April of 2017. Now similar groups are coming forward to demand an end to the Prime Minister's tanker ban. The Prime Minister claims he supports pipelines. How will he get the oil from the coast to Asia if tankers are banned? Does he have some magical petroleum-carrying unicorn that is capable of lifting up the oil and taking it to foreign markets? If there is a tanker ban, how could it possibly get where it is needs to go?

Now I am quoting right out of the National Post:

First Nations coalition calls for rejection of [Liberal] tanker ban; one group plans to file UN complaint

Now we have first nations that are considering going to the UN to fight against the Prime Minister's anti-development policies that keep them in poverty.

The National Post continues:

The coalition has sketched out plans to build a roughly $18-billion oil pipeline from northern Alberta to around Prince Rupert, B.C.

A coalition of First Nations groups is imploring Ottawa to rein in an oil tanker ban on the northern B.C. coast, with one organization planning to level a United Nations complaint against the government to protest the legislation.

The plea is a last-ditch effort to reverse Bill C-48 as it nears passage through the Senate. The coalition, composed of the National Coalition of Chiefs, the Indian Resource Council and the Eagle Spirit Chiefs Council met with a number of senators Tuesday morning in Ottawa to oppose the moratorium.

Calvin Helin, who led the talks with senators, is CEO of Eagle Spirit Energy Holding, which has sketched out plans to build a roughly $18-billion oil pipeline from northern Alberta to around Prince Rupert, B.C.

Helin, a Lax Kw’alaams Band member, has long pitched the idea as Canada’s sole First Nations-led oil pipeline. Helin said C-48 is a matter of “enormous concern” for the roughly 200 First Nations communities represented by the coalition, and said [the Prime Minister's] tanker ban explicitly targets the project, effectively stripping Indigenous people of their economic self-determination.

“Is this what reconciliation is supposed to represent in Canada?” he said.

Is this what reconciliation looks like? When a group of ambitious, smart and industrious first nations people come forward with an $18-billion project that could lift whole communities out of the long-term poverty in which they have been trapped and give them full independence and control over their own destiny and the Prime Minister comes forward with a bill banning them from doing so, is that what he meant by reconciliation?

That is the question that this band member asks as he speaks out against the tanker ban, because the tanker ban is not just about blocking big oil companies from moving their product: It is about blocking these communities from their one chance to escape poverty. If the Prime Minister believed half as much in reconciliation as he does in his great dramatic and theatrical productions on the subject, then he would consult with and listen to these first nations people.

To members of the government, what did he say to Mr. Helin when he put forward Bill C-48, the tanker ban? Did he look him in the eye and tell him that generations of first nations people in western Canada will have to be held back because the government is blocking them from achieving economic independence through resource development, or did he even meet with him at all? My suspicion is that he could not be bothered. If there was no camera nearby and no photo opportunity to carry out, then he simply could not be bothered to show up for reconciliation.

The article continues:

His comments come amid intense angst in Alberta, which has failed for many years to build the necessary pipelines to carry away steadily increasing oilsands production.

The Eagle Spirit Chiefs Council said Tuesday it would file a complaint in “coming days” under the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP) against the federal government.

I will pause on this point. There is much legitimate debate about whether the declaration is the best way to achieve reconciliation with first nations people, but the Prime Minister gave plenty of lip service to that declaration before the last election. Now he appears to have violated it with his tanker ban, which prevents first nations from achieving the economic independence that they have worked so hard to achieve.

The National Post article goes on:

The chiefs said the ban unfairly restricts oil exports by the First Nations group, while allowing multinational corporations to ship their products from the southern portion of the B.C. coast.

So here we go again. Large multinational corporations will continue to ship their product, so this is not even about stopping the shipment of oil and gas; it is just about stopping Canadians from shipping their product.

The Prime Minister would never contemplate banning oil tankers from arriving at the east coast. All of those east coast tankers come right across the Atlantic, one tanker after another, to the eastern coast of our country, shipping foreign oil to Canadian markets. As that oil comes in, our money goes out, and we get poorer and poorer. No wonder our trade deficit is approaching record highs.

Let me quote further from that National Post article:

“All we're trying to do is take advantage of the resources available to us,” said former chief Wallace Fox, chairman of the Indian Resource Council, a part of the coalition.

The Eagle Spirit pipeline appears to present a conundrum on Indigenous rights. A handful of first nations communities—including the Yinka Dene Alliance, which opposed the other pipeline projects in B.C.—have opposed the project in the past due to environmental worries. Meanwhile, a host of Indigenous communities along the pipeline route support Eagle Spirit, saying it will give them more financial independence.

Helin said he is close to a consensus among First Nations on Eagle Spirit. He said much of the First Nations opposition to the pipeline comes from Indigenous people, backed by activist organizations, who claim to speak for whole communities but do not.

I continued to quote from the National Post there.

The story goes on and on. The Prime Minister—

[Chief Isaac Laboucan-Avirom]

Absolutely, it's not a best practice.

How I got involved in that situation is that the first nations from the coast, even from Haida Gwaii, got together. They were saying that they could see tankers going by their territories on a daily basis. This is from them; I'm just kind of restating what they stated. They said there was no actual consultation even with the Great Bear Rainforest. I know there might have been good intentions but those are ideological mindsets. The fishing is going away and they could literally see from their own houses all the benefits going into the States and into the Alaskan ports. Basically, they said, this is where we are in this day and age. The fishing industry is hurting. They just want to make a living. They want to create jobs. They want some income and prosperity to come from these opportunities, and Bill C-48 kind of limits that. That is not to say that we do not care. We absolutely care 110% about any waters—ocean waters, lake waters and river waters. We want to see those things survive and to protect them through our mechanisms.

I'm going to segue back into Alberta—

[Shannon Stubbs, Conservative, Lakeland, AB]

In the international context, not only would Bill C-69 obviously put Canada at a disadvantage, but another bill—Bill C-48, which is the shipping ban on oil off B.C.'s north coast—is another example, in the context of discussing best practices for this study, where I understand there was a limited or complete lack of consultation on the bill with indigenous communities.

I know that you yourself have said, “This tanker ban is not just going to hurt us at the moment, which it's doing, but it's going to hurt future generations.”

I wonder if there is anything that you wanted to share about the process in that consultation on Bill C-48. Also, do you consider it to be a best practice of a government imposing anti-energy legislation on indigenous communities and all Canadians without consulting?

[Chief Isaac Laboucan-Avirom, Chief, Woodland Cree First Nation]

Tansi. Kinana'skomitina'wa'w.

It's a pleasure and an honour to be here. My name is Chief Isaac Ausinis Laboucan-Avirom. I'm from the Woodland Cree First Nation. I was grand chief of the Treaty No. 8 territory not too long ago, grand chief of my tribal council, but today I'm here just as chief of my first nation. I'd like to say that I know that this is a good effort to do, but this is not in consultation with other first nations. I don't want to be accountable....

As for Woodland Cree, we are surrounded by natural resource activity, from oil and gas development to forestry to green energy projects like Site C. There are always negative and positive impacts when doing resource development, but we're in a day and age in which there has to be more accountability to first nations communities and to the environment. We have to make sure we're making good decisions so that we can have sustainability and so that generations of our children can grow in a country that is not fully polluted and that still has healthy jobs for people to get to.

You have to forgive me; I'm supposed to be on spring break, and my executive assistant is on spring break, so I'll be jumping back and forth in some of my notes here.

Companies should be encouraged to develop some understanding of the legal and constitutional rights of first nations. In Canada, first nations were not defeated in war. We have treaties. These treaty rights are constitutionally protected. Many international companies do not understand this, and they come from different perspectives. From my understanding of this, sometimes it gets very difficult when we are dealing with this mindset. We have to re-educate them and tell them who we are and why we have our rights. A best practice would include an educational component for international companies to understand the landscape in Canada so that first nations don't have to consistently recreate this work.

You know, one of the biggest struggles for first nations is that we are always looking for better and better human capacity. As I look around this room, I know that some of the best mindsets in Canada are here. As a first nations chief, sometimes I'm obligated to work with some of the best on the other side of the table, where I'm going against people such.... They used to be Shell, CNRL...where they have some of the best minds money can buy.

In order to have meaningful consultation, first nations need to have the capacity to understand the technical aspects of the projects, communicate information to community members, and gather information from community members and knowledge-keepers. This takes much more funding than is currently offered by Canada. The nation spends a lot of time and energy building the case for capacity funding and negotiating capacity funding, etc. The time and energy would be better spent actually engaging in the consultation and the search for accommodation measures. Best practices should include a requirement to provide adequate funding, which could be expressed as a percentage of the amount the company expects to spend on environmental, geotechnical and other types of studies.

I have the example of Site C. I'll be jumping back and forth between oil and gas and other resource departments. I had lawyers come to my nation one time, saying that they wanted to build Site C. My nation does not have monies to spend on lawyers. We'd rather build houses and put money into education and the elders. One of the questions I asked the Site C legal team was around what environmental impacts would be caused. They said, oh, there won't be much. Well, they'd be extinguishing two species of fish in the reservoir, the Arctic grayling and the goldeye. It doesn't take a university individual to understand that this has a direct impact on other ecological systems. Those are feeder fish for bigger fish, etc. Woodland Cree at that time did not have a million dollars to spend in the courts, so it's something.... And then also through the consultation process, that the borders between Alberta and B.C....said that the consultation process was basically a no-go zone.

Indigenous knowledge and input from the community should be incorporated into all aspects of the environment and social investigations into the projects. A best practice would include encouraging companies to look at the inclusion of indigenous communities through project development, design and implementation. Ultimately, the goal of any best practice would be to actually arrive at a meaningful mitigation or accommodation of impacts. When I think of meaningful consultation, that means I know exactly what the other side of the table, the proponent producer, is talking about.

When I look at these bills such as Bill C-69, I see this is just an example of where, at one of my chiefs meetings in Alberta, we condoned it, and then just last week we rescinded it. That's a good example of how it was so complex and misunderstood, and then now we're sitting here today where it's already gone so far in the process. I don't believe there was proper and meaningful consultation on Bill C-48 and Bill C-69, and we're at a place where we shouldn't be at.

In most cases today, the parties have become much better at exchanging information, but there is still a resistance to making meaningful changes to the projects to lessen impacts on traditional land uses and resistance to involving indigenous communities in long-term economic development benefits.

Woodland is one nation that has been working hard to make strong and meaningful partnerships with business to develop business capacities, local employment, etc., but these have to be long-term opportunities not just brush-clearing and construction.

Woodland Cree needs to get into the business of developing and eventually owning resources such as the Eagle Spirit pipeline. I am on the chiefs' committee of that group. I can only talk so much to companies. Yes, they will nod their head and they will say yes, we tried, but if we were actually owners and operators of those companies, then our corporate values would follow that company.

For example, if I'm an owner of a company, I want to say I want to be the best in the world. I want to make that pipeline as indestructible as we can. I know there's technology and the abilities to do that. We're at this meeting today to be the best in the world, and I know we can do that.

It also goes into trading aspects of it. If we had ownership of these pipelines, then we could tell our customers that they need a better environmental standard on the products they develop from our resources.

Best practices would include encouraging companies to dig into business development with indigenous communities to share with them what types of businesses should also be pursued in order to support the project. Companies should also be willing to learn about capacities that different first nations have to offer. If both parties come to the table with a willingness to share information and work together to build first nations' capacity, then we will achieve meaningful accommodation.

Sometimes the feds are typically avoiding absolutely any language in the question that alludes to free, prior and informed consent. There are also quite a few articles written specifically about this within UNDRIP. We know this, especially if we're looking internationally.

There is no perfect international example of projects. However, projects in Bolivia entrenched the rights of nature—they actually used “mother earth” in Spanish—using indigenous law. New Zealand protected the rivers using Maori law. The Sami have a parliament and can pass laws in their territory. If a corporation has personhood, so then should the same things that make first nations....

Project approval currently only represents one culture's law and relations with the land. In order for a project to be truly collaborative and successful from a first nations' viewpoint, it should also respect our culture and our laws too.

That can seem almost impossible when our laws in Canada aren't respected or admitted into courts of regulatory.... If we want projects to go through, then consent is the only way.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Very good.

Minister, in the horizons items of the 2018-19 supplementary estimates, the funding for the reconsideration of the Trans Mountain expansion project, INAC received $312,000 for operation expenditures to support consultations with indigenous peoples. I'm sure you've heard from first nations across the country that have said that there have been no real consultations on Bill C-48 or Bill C-69. They say these bills are flawed because they've proceeded without their consent. Do you believe that the consultation process for Bill C-48, the tanker ban, and Bill C-69 was flawed, considering that's what the first nations are claiming?

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Very clearly, then, your expectation would be to be consulted not just before a project moves forward but also before policies are put in place that will block projects. If I'm understanding correctly what you're saying, your view is that there is an absolute requirement to do that consultation not only before you say yes but also before you put in place those barriers like we're seeing in Bill C-48 and Bill C-69.

Transport, Infrastructure and Communities

[Kelly Block, Conservative, Carlton Trail—Eagle Creek, SK]

Mr. Speaker, Conservative members of the Standing Committee on Transport, Infrastructure and Communities support the committee's report, which was just tabled. Transportation corridors are integral to the safe and efficient flow of goods in and out of Canada. However, we have supplied a supplementary report, as we felt that the main report did not adequately address a number of important issues that were raised, which I will briefly outline.

Over the course of the many meetings held during this study, we heard from numerous stakeholders regarding the detrimental impact certain government actions and policies are having and will continue to have on Canada's transportation system, and more specifically, on our transportation corridors.

Specifically, the government policies we must highlight are Bill C-48, the Liberals' oil tanker moratorium act; Bill C-69, the Liberals' attempt to rewrite the law and regulations to make it even harder for pipelines to get built; and the Liberal government's carbon tax. From being unnecessarily restrictive, to creating investment uncertainty, to increasing costs for transportation companies and shippers alike, the actions of the Liberal government need to be reversed.

To that end, we have included three simple recommendations in our supplementary report: to withdraw Bill C-48, to withdraw Bill C-69 and to eliminate the carbon tax.

I encourage the government members to read our supplementary report, but if they do not have time for that, I hope they will simply adopt our recommendations. We believe that doing this would greatly support Canada's transportation systems and our vitally important trade corridors.

Natural Resources

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

Mr. Speaker, the Liberal government is in chaos, which means it is not spending any time fixing the energy sector crisis it created.

Today, the United We Roll convoy arrived in Ottawa. Its purpose is principled and worthy as it creates awareness for the oil and gas industry and raises concerns about the carbon tax and repealing the “no more pipelines” Bill C-69, and Bill C-48.

Its members are concerned, like millions of Canadians, that the current Liberal government has not, and is not, supporting them, their families, their communities or the energy sector. They feel they have lost their voice to a government that no longer works for them and they will not be ignored any more.

Our Conservative leader said:

The #UnitedWeRoll convoy is a testament to the importance of Canada's energy sector and the crisis it's facing. Canadian energy workers deserve a government that supports their industry and champions it worldwide. Conservatives will fix the Liberal mess & get people back to work.

[Shannon Stubbs, Conservative, Lakeland, AB]

Maybe we can talk about that. There is a member of your community, Calvin Helin. He said:

...what the chiefs are starting to see a lot now is that there is a lot of underhanded tactics where certain people are paid in communities and they're used as...spokespersons—essentially puppets and props—...to kill resource development.

He goes on to say:

It's outrageous. People should be upset about that, and the chiefs are [upset].

There are linkages of millions of dollars in foreign funding going into anti-energy campaigns in B.C., including for the explicit purpose of imposing Bill C-48 on B.C.'s north coast. I think most Canadians probably find that a little bit unbelievable. They don't know and they can't imagine that this could actually be happening.

Since you did mention it, could you expand on the experience of your community?

[Shannon Stubbs, Conservative, Lakeland, AB]

Yes, and whether or not there was consultation on the development of Bill C-48.

[Shannon Stubbs, Conservative, Lakeland, AB]

Thanks, Mr. Chair.

Thanks to all of you for being here.

As a member of Parliament from northeast Alberta, a big rural area, I certainly always enjoy the times when we can celebrate the ways in which indigenous communities are partners and owners in resource development. There are so many examples in the communities that I represent in Lakeland and that neighbour my riding to the north in Alberta.

I regret that we have limited time here. We have so many witnesses and such complex issues that our time is going to be limited.

Mayor Helin, I thank you for being here. Could you shed a little bit more light for the committee on your experience in terms of the development of Bill C-48, which you cited at the closing of your comments?

I'm just trying to get some clarity on a discrepancy of claims here. Last week, my office received a reply to an Order Paper question, and it said:

The Minister of Transport engaged directly with Indigenous groups.... The government held 20 meetings with Indigenous groups, including the Lax Kw'alaams....

However, a department official from Indigenous Services Canada said at this committee last week that he wasn't aware of or involved in any consultations with indigenous people before the Prime Minister imposed that initial ban after he was elected.

Can you just help me figure out what this discrepancy is? Maybe they met with your community on other issues not related to Bill C-48?