An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts

This bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Sponsor

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.

Part 1 enacts the Impact Assessment Act and repeals the Canadian Environmental Assessment Act, 2012. Among other things, the Impact Assessment Act
(a) names the Impact Assessment Agency of Canada as the authority responsible for impact assessments;
(b) provides for a process for assessing the environmental, health, social and economic effects of designated projects with a view to preventing certain adverse effects and fostering sustainability;
(c) prohibits proponents, subject to certain conditions, from carrying out a designated project if the designated project is likely to cause certain environmental, health, social or economic effects, unless the Minister of the Environment or Governor in Council determines that those effects are in the public interest, taking into account the impacts on the rights of the Indigenous peoples of Canada, all effects that may be caused by the carrying out of the project, the extent to which the project contributes to sustainability and other factors;
(d) establishes a planning phase for a possible impact assessment of a designated project, which includes requirements to cooperate with and consult certain persons and entities and requirements with respect to public participation;
(e) authorizes the Minister to refer an impact assessment of a designated project to a review panel if he or she considers it in the public interest to do so, and requires that an impact assessment be referred to a review panel if the designated project includes physical activities that are regulated under the Nuclear Safety and Control Act, the Canadian Energy Regulator Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act;
(f) establishes time limits with respect to the planning phase, to impact assessments and to certain decisions, in order to ensure that impact assessments are conducted in a timely manner;
(g) provides for public participation and for funding to allow the public to participate in a meaningful manner;
(h) sets out the factors to be taken into account in conducting an impact assessment, including the impacts on the rights of the Indigenous peoples of Canada;
(i) provides for cooperation with certain jurisdictions, including Indigenous governing bodies, through the delegation of any part of an impact assessment, the joint establishment of a review panel or the substitution of another process for the impact assessment;
(j) provides for transparency in decision-making by requiring that the scientific and other information taken into account in an impact assessment, as well as the reasons for decisions, be made available to the public through a registry that is accessible via the Internet;
(k) provides that the Minister may set conditions, including with respect to mitigation measures, that must be implemented by the proponent of a designated project;
(l) provides for the assessment of cumulative effects of existing or future activities in a specific region through regional assessments and of federal policies, plans and programs, and of issues, that are relevant to the impact assessment of designated projects through strategic assessments; and
(m) sets out requirements for an assessment of environmental effects of non-designated projects that are on federal lands or that are to be carried out outside Canada.
Part 2 enacts the Canadian Energy Regulator Act, which establishes the Canadian Energy Regulator and sets out its composition, mandate and powers. The role of the Regulator is to regulate the exploitation, development and transportation of energy within Parliament’s jurisdiction.
The Canadian Energy Regulator Act, among other things,
(a) provides for the establishment of a Commission that is responsible for the adjudicative functions of the Regulator;
(b) ensures the safety and security of persons, energy facilities and abandoned facilities and the protection of property and the environment;
(c) provides for the regulation of pipelines, abandoned pipelines, and traffic, tolls and tariffs relating to the transmission of oil or gas through pipelines;
(d) provides for the regulation of international power lines and certain interprovincial power lines;
(e) provides for the regulation of renewable energy projects and power lines in Canada’s offshore;
(f) provides for the regulation of access to lands;
(g) provides for the regulation of the exportation of oil, gas and electricity and the interprovincial oil and gas trade; and
(h) sets out the process the Commission must follow before making, amending or revoking a declaration of a significant discovery or a commercial discovery under the Canada Oil and Gas Operations Act and the process for appealing a decision made by the Chief Conservation Officer or the Chief Safety Officer under that Act.
Part 2 also repeals the National Energy Board Act.
Part 3 amends the Navigation Protection Act to, among other things,
(a) rename it the Canadian Navigable Waters Act;
(b) provide a comprehensive definition of navigable water;
(c) require that, when making a decision under that Act, the Minister must consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada;
(d) require that an owner apply for an approval for a major work in any navigable water if the work may interfere with navigation;
(e)  set out the factors that the Minister must consider when deciding whether to issue an approval;
(f) provide a process for addressing navigation-related concerns when an owner proposes to carry out a work in navigable waters that are not listed in the schedule;
(g) provide the Minister with powers to address obstructions in any navigable water;
(h) amend the criteria and process for adding a reference to a navigable water to the schedule;
(i) require that the Minister establish a registry; and
(j) provide for new measures for the administration and enforcement of the Act.
Part 4 makes consequential amendments to Acts of Parliament and regulations.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from 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 C-69s:

C-69 (2024) Law Budget Implementation Act, 2024, No. 1
C-69 (2015) Penalties for the Criminal Possession of Firearms Act
C-69 (2005) An Act to amend the Agricultural Marketing Programs Act

Votes

June 13, 2019 Passed Motion respecting Senate amendments to Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
June 13, 2019 Failed Motion respecting Senate amendments to Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (amendment)
June 13, 2019 Passed Motion for closure
June 20, 2018 Passed 3rd reading and adoption of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
June 20, 2018 Passed 3rd reading and adoption of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
June 19, 2018 Passed 3rd reading and adoption of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (previous question)
June 11, 2018 Passed Concurrence at report stage of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
June 11, 2018 Failed Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (report stage amendment)
June 11, 2018 Failed Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (report stage amendment)
June 11, 2018 Failed Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (report stage amendment)
June 11, 2018 Failed Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (report stage amendment)
June 11, 2018 Failed Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (report stage amendment)
June 11, 2018 Failed Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (report stage amendment)
June 6, 2018 Passed Time allocation for Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
March 19, 2018 Passed 2nd reading of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
March 19, 2018 Passed 2nd reading of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
Feb. 27, 2018 Passed Time allocation for Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts

Intergovernmental RelationsOral Questions

June 12th, 2019 / 2:40 p.m.


See context

Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Mr. Speaker, we all recall when the Prime Minister stood in the House and used the word “pandering” when referring to the provinces. Yesterday, he did it again when he said that provincial premiers were being threatening. That is simply unacceptable.

Does the Prime Minister seriously think that the provinces, municipalities, first nations, and Conservative and independent senators, whom he himself appointed, are being capricious and making threats when they disagree with him and propose amendments to Bill C-69?

Intergovernmental RelationsOral Questions

June 12th, 2019 / 2:40 p.m.


See context

Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Mr. Speaker, this morning the Premier of Quebec, François Legault, said it was unfortunate that the Liberal Prime Minister rejected the Senate's amendments.

Quebec's environment minister expressed concerns about Bill C-69, proposed an amendment and said that the Liberal government was not willing to talk.

I have a simple question for the Prime Minister. How can we maintain good relations with provincial governments if we do not listen to them?

Intergovernmental RelationsOral Questions

June 12th, 2019 / 2:35 p.m.


See context

Conservative

Candice Bergen Conservative Portage—Lisgar, MB

Mr. Speaker, here is what the Prime Minister does. If people raise concerns or disagree with him and what he is doing, he dismisses them, tries to discredit them and calls them names. Members can just ask the former attorney general about what happened to her.

Now the Prime Minister is insulting and dismissing provinces that disagree with his “no more pipelines” Bill C-69. Does the Prime Minister realize that he, and no one else, is the biggest threat to Canada's unity?

Natural ResourcesOral Questions

June 12th, 2019 / 2:30 p.m.


See context

Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, the Conservatives need to be the ones who are careful with the truth because the Kinder Morgan anchor loop, which is the pipeline they refer to consistently as having been built, goes nowhere near a port. We know that we need, and we have needed for a long time, to get our oil exports to markets other than the United States. For 10 years, the Conservatives failed because they ignored environmental concerns and they did not work with indigenous peoples.

We are now putting forward a pathway to do exactly that in Bill C-69, which is going to get projects built the right way. That is what the industry wants. That is what Canadians want. That is what we need to do to grow the economy.

Natural ResourcesOral Questions

June 12th, 2019 / 2:30 p.m.


See context

Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, the Conservatives' obliviousness to the facts is actually mind-boggling. For 10 years, Stephen Harper and the Conservatives could not get projects built because they marginalized environmental voices and ignored indigenous peoples. We knew that the only way to move forward was to improve the system around which we approve and move forward on projects and give clarity to investors. That is why we are moving forward with Bill C-69: because we know we are going to be able to get projects built by working with indigenous peoples and protecting the environment.

Intergovernmental RelationsOral Questions

June 12th, 2019 / 2:25 p.m.


See context

Regina—Qu'Appelle Saskatchewan

Conservative

Andrew Scheer ConservativeLeader of the Opposition

Mr. Speaker, the Prime Minister dismisses the legitimate concerns of premiers who are standing up for out-of-work men and women in the energy sector as playing political games. In fact, all provinces asked for amendments to Bill C-69. Even a letter from the Liberal Newfoundland and Labrador government stated that Bill C-69 would deter investment in the development of the resource sector without improving environmental protection. Therefore, the only person responsible for endangering national unity is the Prime Minister.

When will he do the right thing and kill Bill C-69?

Intergovernmental RelationsOral Questions

June 12th, 2019 / 2:25 p.m.


See context

Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, I would suggest to the Leader of the Opposition that he read the letter from the premiers, who themselves talk about the threat to national unity. I agree with him that such comments are completely irresponsible coming from provincial premiers. We know that the only way to move forward is to protect the environment, create partnerships with indigenous peoples and ensure clarity for investors. That is exactly what we are doing with Bill C-69.

Intergovernmental RelationsOral Questions

June 12th, 2019 / 2:25 p.m.


See context

Regina—Qu'Appelle Saskatchewan

Conservative

Andrew Scheer ConservativeLeader of the Opposition

Mr. Speaker, the Prime Minister received a letter yesterday from six provincial premiers who want him to accept the amendments to Bill C-69. What was the Prime Minister's response? He called them a threat to national unity. I would like to remind him that the only time Canadian unity is threatened is when the Liberals are in power.

When will he finally show some respect for all the provinces?

Federal-Provincial RelationsStatements By Members

June 12th, 2019 / 2:20 p.m.


See context

Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

Mr. Speaker, the Prime Minister is taking our country down a dangerous path.

Yesterday, in response to the united plea of six premiers urging him to accept amendments to Bills C-69 and C-48, he angrily accused the Conservatives of threatening national unity, as though the very real anger and anxiety over these two destructive bills are some kind of Conservative plot against him. This, from a Prime Minister who has made comments backing Quebec separatism if Conservatives stayed in power.

These premiers are not making a threat. They are stating the facts and they are pleading their case.

The Prime Minister is too partisan or too petulant to care. If he is so concerned about national unity, he should look in the mirror. If he does, he will see the greatest threat to national unity of the country staring right back at him. This is not about impressing celebrities or drinking boxed water; this is about doing what is best for Canada.

Alberta Energy SectorStatements By Members

June 12th, 2019 / 2:10 p.m.


See context

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Mr. Speaker, I am honoured to fight for the people of my riding of Calgary Nose Hill. They work hard and contribute much to the prosperity of Canada.

For many, that means working in a job in the energy sector. However, they have suffered as the Prime Minister vetoed the northern gateway pipeline, purposefully mismanaged the still unbuilt TMX pipeline, chased away any hope of investment in the energy sector with Bill C-69, landlocked Canadian energy with Bill C-48, told the world that he wished he could phase out the energy sector faster, celebrated when his efforts killed the energy east pipeline and refused to reopen the equalization formula after killing our jobs.

This is not nation-building policy. This is anti-Alberta policy. Here is a message to the Prime Minister and the anti-energy left on behalf of the people in my riding: We have had enough. If they continue on this path, they do so at the detriment of our confederation.

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 10:50 p.m.


See context

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, the letters from six premiers to the Prime Minister came out yesterday. There are letters from the territories, New Brunswick, the premiers of Ontario, Alberta, Saskatchewan and Manitoba. As well, one of the biggest oil and gas demonstrations this country has ever seen was taking place today in Calgary, Alberta.

It is shameful what the government has done with Bill C-69, Bill C-48 and certainly with this legislation, Bill C-88.

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 10:45 p.m.


See context

Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, I want to pick up on some of the comments my colleague made regarding the arbitrary decision-making that the government has done. The Liberals have not done any consultations. It seems that the Liberals' desire to consult is only when they feel like it, and that would be related to a number of projects, like the tanker moratorium, Eagle Spirit and the northern gateway. There is also the moratorium that was announced down in the United States.

We are hearing increasing concerns not only from indigenous communities, who have not been consulted properly, but also from the premiers of these provinces. I speak in particular about a very concerning letter regarding Bill C-48 and Bill C-69 and how dismissive the Prime Minister and his party are in terms of engaging the premiers and indigenous communities to allow projects to move forward. The Liberals are happy to cancel projects, but they are reluctant to create an environment for projects to move forward.

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 10:45 p.m.


See context

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

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

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

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 10:20 p.m.


See context

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

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

Once again, this bill, like many other bills we have seen in the House, is being debated and rushed through Parliament in the last few days before the House rises for the summer. It is worth noting that this is a bill that was only studied in our committee on indigenous and northern affairs for one meeting before we went into clause-by-clause consideration. As a result, we were unable to hear live testimony from stakeholders such as the Inuvialuit Regional Corporation, the Canadian Association of Petroleum Producers and the Northwest Territories Chamber of Commerce.

We have recently seen these legislative delays with other important bills, such as Bill C-92, which was passed at third reading in this House just last week, on June 3. It is totally unacceptable that the Liberals have so utterly mismanaged their legislative schedule when it comes to the bills that are now before us, days before we rise.

Bill C-88 is a bill that forms part of a long Liberal saga to kill natural resources development in this country. The bill would amend subsection 12(1) of the Canada Petroleum Resources Act to allow the Governor in Council to arbitrarily ban any oil and gas activity across the Arctic offshore. Under this bill, the government would only need to invoke the national interest to ban oil and gas development in the Beaufort Sea. However, the term “national interest” remains undefined in this bill, so the government would have complete discretion to decide when it should ban oil and gas activities in the Arctic offshore. These opportunities for greater economic prosperity in the north would therefore be limited and controlled by the ministers here in Ottawa. Again, under the current government, Ottawa knows best.

We have already seen the Liberals reveal their paternalism when it comes to economic opportunities for northern communities. We just have to go back to December 2016. While the Prime Minister was in Washington, D.C., he announced that there would be a moratorium on offshore oil and gas development in the Beaufort Sea. No, he was not up in northern Canada. He was, in fact, meeting with President Obama in Washington.

There was absolutely no consultation with the Government of Northwest Territories before this moratorium was announced in Washington. In fact, the territorial leaders of the day were given less than half an hour's notice before the Prime Minister declared the moratorium, in the United States, the farthest destination away from northern Canada.

By single-handedly introducing a moratorium on oil and gas development in the Beaufort Sea, the Liberals are telling northern communities that Ottawa knows best. The Liberals are saying, through their actions, that northerners do not have the right to pursue their own economic opportunities without the approval of the current federal government.

We heard from multiple witnesses in committee about the devastating impact the Liberals' moratorium has had on northerners. Wally Schumann, the minister of industry, tourism and investment and the minister of infrastructure for the Northwest Territories, said the following about the moratorium:

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

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

We also heard from Merven Gruben, the mayor of Tuktoyaktuk. He was very disappointed with the Liberal decision to unilaterally impose this moratorium on northerners. He was very concerned about the effects this ban would have on the people of his community. He said:

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

Unfortunately, the Liberals are not listening to the voices, again, of the northerners, and as a result, communities are paying the price now for the Liberal government's arrogance. There is absolutely no doubt that Bill C-88 is just another attempt by the Liberal government to polarize oil and gas extraction in this country. It explains the power of cabinet to block economic development and adds to the ever-increasing levels of bureaucratic red tape that need to be navigated by proponents of energy development.

The bill makes northern energy development more difficult by increasing the obstacles that must be overcome by energy proponents before they can even put shovels in the ground.

In response to these polarized anti-energy provisions, many stakeholders have voiced their concerns. One of the numerous stakeholders that want to see the Governor in Council power to ban oil and gas development removed finally from the bill is the Northwest Territories Chamber of Commerce. It has written submissions to our committee. The chamber indicated its opposition to the final authority of the Governor in Council to ban northern oil and gas development.

The chamber wrote to us as follows:

The final decision needs to be approved by the Indigenous Nation of the prescribed area who are the steward's of the area but also rely on the land to provide economic independence to their membership and throughout the NT.

Of course, in pushing through Bill C-88 without any amendments, the Liberals have demonstrated that they do not care about the opinions and concerns of our northern communities, which will be deeply affected by this piece of legislation. These northern voices are once again being ignored by the Liberal government.

Another important stakeholder that expressed really serious concerns about Bill C-88 was the Inuvialuit Regional Corporation. Unfortunately, like the Northwest Territories Chamber of Commerce, the IRC was not afforded the opportunity at all to present live testimony to our committee, because, as I mentioned before, we were only given one day to hear from witnesses on this very important matter.

Again, the Liberals rushed the process. It was the result of the Liberals' mismanagement of the parliamentary agenda and a consequence of the fact that the Liberals left this bill to the very last minute for deliberations.

Like so many other crucial stakeholders, the IRC is opposed to the unilateral power to ban oil and gas development in the Arctic offshore, which the bill gives to the Governor in Council.

It is hardly surprising that the IRC is against the arbitrary power given to politicians here in Ottawa to determine the fate of energy development in the north. Bill C-88 says that the Governor in Council can ban oil and gas development projects when “it is in the national interests to do so”. However, does Bill C-88 tell us what the national interest is? Does Bill C-88 tell northern communities what the national interest is? No, of course not.

Like so many other Liberal anti-energy policies, questions of the national interests are only for the Liberals to decide and nobody else. The bill is simply a reinforcement of the arrogant mantra that the Liberals know best.

Given that the IRC was not given the opportunity to offer live testimony on this discussion on Bill C-88, I would like to read into the record some of the serious concerns the IRC highlighted in its written submission to our committee.

First of all, it bears noting that the IRC is an organization that was created way back in 1984 to manage the settlement that formed part of the Inuvialuit Final Agreement, better known as the IFA. The Inuvialuit occupy the Inuvialuit Settlement Area, or the ISR, and beyond.

The IFA was the first comprehensive land claim agreement settled north of the 60th parallel and only the second settled in Canada's history.

Why was this land claim agreement so important for Inuvialuit people, and why did they initiate the negotiations with the Government of Canada? In the IRC's own words, the land claim negotiations “came in response to our limited influence in increasing development activity on our lands and the vast marine areas of the ISR.”

In the short term, then, the Inuvialuit secured a land claim agreement, in part, so that they could have greater influence over development activities on their own lands.

With this background in mind, the IRC has written about its serious reservations with regard to the power the bill would give to Ottawa to declare oil and gas moratoriums on IRC lands. In fact, the IRC already saw the Prime Minister declare a moratorium in a significant portion of their settlement region when the Liberals were first elected to power in 2016. In regard to this ban, the IRC wrote,

it is important to note that the imposition of the Moratorium by the Prime Minister was done without consultation with any Inuvialuit in contravention of the IFA and with the framework established and the promises made under the Northwest Territories Lands and Resources Devolution Agreement.

The Liberals simply seized the opportunity in 2016 to unilaterally implement a moratorium on oil and gas in the north while the Prime Minister, as I mentioned before, was not even in this country. He was in the United States of America looking for photo ops and free publicity. The Liberals did not consult at all with stakeholders before they took on this decision. What is worse, instead of apologizing to many of the northern communities that are suffering because of this moratorium, the Liberals are going full steam ahead with Bill C-88, as we see tonight, to ensure that they can unilaterally put bans on northern oil and gas development again and again.

Bill C-88 says that the Governor in Council can make these bans when it is in the national interest to do so. The IRC and Conservatives would like to know what the Liberals mean when they say “in the national interest”.

The IRC had the following to say on the issue of the national interest:

The national interest criterion is problematic as it elevates the national priorities of the day vis-à-vis Inuvialuit priorities within our traditional territory. It would be akin to an appropriation a constituent might experience in the south without any restitution from the government. Bill C-88 does not define national interest or incorporate an express requirement to consider how the national interest ought to be balanced against the ability of rights holders to provide for their economic future.

Despite these concerns from indigenous stakeholders in the north, the Liberals have demonstrated repeatedly, through their anti-energy policies, that they have no intention at all of ever balancing their vision of the national interest against the views of indigenous groups that do not share the Liberals' hostile attitude toward natural resource development.

Unfortunately, Bill C-88 is not the only bill the Liberals have pushed forward, to the detriment of the indigenous communities across this country. We have just heard from indigenous communities about the real concerns they have about Bill C-69, the Liberal environmental assessment act.

Stephen Buffalo, the president and CEO of the Indian Resource Council and a member of the Samson Cree Nation, 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.

Roy Fox, chief of the Kainai or Blood tribe first nation, said the following about Bill C-69:

...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.

Bill C-48, the northern B.C. oil tanker ban, is yet another Liberal anti-energy bill that the Liberals have rammed through this Parliament against the wishes of major indigenous stakeholders. Bill C-48 shuts the door to the Eagle Spirit pipeline proposal, an energy corridor that is supported by over 35 first nations and is an indigenous-led and indigenous-owned initiative. It is a $17-billion project that has the potential to provide economic opportunity to numerous indigenous communities. However, as with Bill C-88, this one tonight, Bill C-48 is another Liberal anti-energy bill that is both hurtful and patronizing to indigenous communities. Bill C-48 is another example of the Liberal government here in Ottawa telling indigenous communities that they cannot pursue their own natural resource development when it does not suit the interests of the Liberal agenda of the day.

Indigenous communities are tired of the paternalism that has been constantly demonstrated toward them by this anti-energy Liberal government. The chair and president of Eagle Spirit Energy, Calvin Helin, who is a member of the Lax Kw'alaams First Nation, had the following to say about the viewpoint of the 35 first nations that are in favour of the Eagle Spirit pipeline. He said that these first nations “do not like outsiders, particularly those they view as trust-fund babies, coming into the traditional territories they've governed and looked after for over 10,000 years and dictating government policy in their territory.”

However, the Liberals clearly do not think that these indigenous viewpoints are part of the current government's idea of a national interest, so they choose to ignore these voices. As a result of Liberal indifference to the concerns of these indigenous groups, in 2018 the chiefs council for the Eagle Spirit pipeline had to launch a GoFundMe campaign just to help pay legal costs in a court challenge to Bill C-48. The Eagle Spirit project noted the sad state of affairs by stating that this action is required to be taken by Canada's poorest people against a federal justice department with unlimited resources. Other indigenous groups have either filed lawsuits or are planning to do so pending the legislative fate of Bill C-48.

Sadly, the Liberals again did not listen to these indigenous voices then, and they are not listening to the indigenous voices in our northern communities today. It is glaringly clear that all the Liberals care about is the pursuit of their anti-energy policies at all costs. However, the cost is a very real human cost to the ability of northern communities to be in control of their own economic development opportunities.

The Liberals have promised time and time again to work with northerners. With only days left now in this Parliament, when will the Liberals finally live up to this promise?

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 10:10 p.m.


See context

Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, I have found it very interesting that as the Liberals have been debating this particular bill, they only pay attention to half of the bill, and that is the half related to the water board issue. They are completely silent on the very important second half, which is a direct paradox to consultation and collaboration. It is where the government is taking the power onto itself, in terms of placing moratoriums through Governor in Council, through the executive branch, for very vague national interest reasons.

I would ask my colleague to ignore part A in his answer, but look at Bill C-69, Bill C-48, the letter that was sent yesterday from the premier of his territory and part B of this bill, and tell us if he believes that the government is acting in the best interests of his territory.