An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Dominic LeBlanc  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

Part 1 of this enactment amends the Mackenzie Valley Resource Management Act to establish an administration and enforcement scheme in Part 5 of that Act that includes the issuance of development certificates. It also adds an administrative monetary penalty scheme and a cost recovery scheme, provides regulation-making powers for both schemes and for consultation with Aboriginal peoples and it allows the Minister to establish a committee to conduct regional studies. Finally, it repeals a number of provisions of the Northwest Territories Devolution Act that, among other things, restructure the regional panels of the Mackenzie Valley Land and Water Board, but that were not brought into force.
Part 2 of the enactment amends the Canada Petroleum Resources Act to allow the Governor in Council to prohibit certain works or activities on frontier lands if the Governor in Council considers that it is in the national interest to do so.

Elsewhere

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

Votes

June 17, 2019 Passed 3rd reading and adoption of Bill C-88, An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts
June 11, 2019 Passed Time allocation for 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
June 10, 2019 Passed Concurrence at report stage of Bill C-88, An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts
April 9, 2019 Passed 2nd reading of Bill C-88, An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts
April 9, 2019 Passed Time allocation for 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

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / noon
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Liberal

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / noon
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Yvonne Jones Parliamentary Secretary to the Minister of Intergovernmental and Northern Affairs and Internal Trade, Lib.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 12:15 p.m.
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Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, I listened to my colleague's speech with great interest.

I am going to focus on part 1 of the bill, which is with respect to the land and water boards. The devolution agreement allowed for them to be collapsed into one. The land agreements with the different communities actually allowed for this to happen. It was not contradicted within it. She might know that this came out of the McCrank report, who looked at what was happening and said that the regulatory process in the Northwest Territories was complex, costly, unpredictable and time-consuming and that certainly, this would allow for a more efficient use of expenditures and to allow administrative practices to be more understandable and consistent.

It sounds like she supports going back to the old system and it sounds like it has support from the communities up there. However, I think it is important for her to recognize what the implications are going to be. I think the McCrank report stated it very clearly.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 12:15 p.m.
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Parliamentary Secretary to the Minister of Intergovernmental and Northern Affairs and Internal Trade, Lib.

Yvonne Jones

Mr. Speaker, when I came to politics in 2013, what I remember very clearly were the early meetings I had with groups in the Northwest Territories with regard to the bill and the changes the Conservative government was pushing forward.

At that time, aboriginal governments and many others across the Northwest Territories were pushing back, but the Harper government was not listening. That government was unilaterally making changes with regard to how resource development would occur in the Northwest Territories without accepting the wishes, the understanding or even having further discussions with aboriginal governments at that time. That was the reason they sought the court injunction.

In making these changes, we have been able to build a relationship and a partnership with aboriginal governments to do what they feel is necessary and what is supported by the industry and by the Government of the Northwest Territories.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 12:20 p.m.
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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, I appreciate the parliamentary secretary's comments about the need for consultation and the need for input from first nations and other regional groups in making decisions around natural resource industries in the north.

Part of this bill is a reaction to a moratorium that was placed on resource extraction offshore in the Arctic and was made without any consultation at all.

Could the member tell us why the Prime Minister would think this was a good idea when that relationship. which is so important to him. called for consultation? I have heard from leaders across the north and I have talked to the Inuvialuit leader. One of the leaders said that they were hopping mad when this moratorium was put in place.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 12:20 p.m.
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Parliamentary Secretary to the Minister of Intergovernmental and Northern Affairs and Internal Trade, Lib.

Yvonne Jones

Mr. Speaker, it is fair to say that when it comes to the development of oil and gas in the Beaufort Sea and the Arctic, a lot of work has to be done on the technical side and with the logistical challenges that exist in that area, including the short operating season and ice conditions. Recently, when I was in the Inuvialuit region, I had the opportunity to have this discussion with people there as well as many others across the north.

One thing that northerners can agree on is that we need to have the technology in place to resolve the challenges when it comes to enabling offshore drilling and we need to ensure we can do that safely in the future. The goal of everyone in the north is to ensure we get this right and we do it properly.

That is why there is a process in place between the federal government and territorial governments so we look at this carefully and move forward together.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 12:20 p.m.
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Conservative

Leona Alleslev Conservative Aurora—Oak Ridges—Richmond Hill, ON

Mr. Speaker, this past weekend, the Liberal government imposed sanctions on Saudi Arabia in response to the Jamal Khashoggi affair.

Canada gets over $20 billion in oil from Saudi Arabia, yet the government has put a moratorium on northern Canadian oil.

Could my hon. colleague provide some insight into what would happen if Saudi Arabia were to cut off the $20 billion-worth of oil it gives to Canada when Canada is not in a position, as a result of this moratorium, to be energy secure?

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 12:20 p.m.
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Parliamentary Secretary to the Minister of Intergovernmental and Northern Affairs and Internal Trade, Lib.

Yvonne Jones

Mr. Speaker, this government is committed to offshore oil and gas development. It is committed to ensuring there is a pipeline that would allow the export of oil and gas around the world and build that industry within Canada.

However, we will also ensure that whatever we do, whatever investments we make, whatever developments occur within the oil and gas industry are done in the best interests of not only the people in our country, but also done in the best interests of our environment. We will take the time to ensure that offshore drilling in the Arctic and Beaufort Sea is done safely and properly in the future. That is the responsible thing to do and it is supported by many in the country.

When it comes to further oil and gas development, we are the one government that has stood up in the country to ensure we get a pipeline built so we can get oil and gas to market and continue to build on that industry for Canadians.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 12:25 p.m.
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Liberal

Michael McLeod Liberal Northwest Territories, NT

Mr. Speaker, I remember when the decision was made many years ago. The leaders from the Northwest Territories were outraged. The Tlicho chiefs were very upset. The grand chief of the day, Eddie Erasmus, said, “We are Canada’s treaty partner. We thought the days of the government in Ottawa thinking it ‘knows best’ about our lands, resources and future were over when we signed the Tlicho Agreement. We won’t go back to the day....”

Many leaders felt betrayed when the agreement was breached by this decision. They felt their constitutional rights were breached. The agreement was supposed to be protected by the Constitution.

Could the member explain how something like this could happen when the an agreement is supposed to be protected by the Constitution?

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 12:25 p.m.
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Parliamentary Secretary to the Minister of Intergovernmental and Northern Affairs and Internal Trade, Lib.

Yvonne Jones

Mr. Speaker, I want to thank the member for Northwest Territories. Every opportunity he has, in the House and outside, he stands to speak for the people of the north and the people of the Northwest Territories.

I know he has lived with the unrest around the decision made by the Harper government in 2013-14. Not only was it a unilateral decision that was imposed on the people of the Northwest Territories and aboriginal governments, it was a change of legislation that really gave no respect to the land claims that had been settled with indigenous people in that area.

We are a government that is looking at reconciliation with indigenous people all across Canada. That means working together. That means overcoming the challenges that were there in the past and moving forward with a new direction. I am happy to say that we respect indigenous governments. We respect the land claim agreements and we will work with them for the best interests of the people in their jurisdictions.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 12:25 p.m.
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Conservative

David Yurdiga Conservative Fort McMurray—Cold Lake, AB

Mr. Speaker, it is really concerning. We talk about consultations, but when it comes to the oil and gas industry, we saw no consultation on the west coast tanker ban. There was some on the moratorium on offshore oil on the Beaufort Sea. It was less than an hour before it was announced.

Could the member explain to me exactly when consultation is important and when it is not?

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 12:25 p.m.
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Parliamentary Secretary to the Minister of Intergovernmental and Northern Affairs and Internal Trade, Lib.

Yvonne Jones

Mr. Speaker, I do not know if any government in history has ever consulted more in our country than the government of the day. It consulted with all people, not just one group. We consult with indigenous governments, territories and provinces. We consult with industry, investors and ordinary Canadians who have an expertise or opinion in the areas on which we are focused.

We have not been out there pushing back on aboriginal land claims and rights, like the former government did. It set back aboriginal governments in the Northwest Territories by years. It unilaterally rammed legislation through the House of Commons without proper consultation. As a result, it ended up in the courts, and the Supreme Court ruled on the side of indigenous governments.

Even then, the Conservatives appealed that decision, because they could not accept that indigenous people and other Canadians outside of their government actually had rights in our country. We have an obligation and responsibility to work together to get a good path forward for all Canadians.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 12:25 p.m.
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Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mr. McLeod further wrote:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 12:45 p.m.
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Yvonne Jones Parliamentary Secretary to the Minister of Intergovernmental and Northern Affairs and Internal Trade, Lib.

Mr. Speaker, I think what the member finds very difficult to believe is that we can actually have a government that can stand up for the environment in a very responsible way, as we have done, and it not be a weakness to economic development, but really be a strength. That is what has happened in Canada over the last few years under this government.

We are creating a stronger and more sustainable economy. We only have to look at the fact that we have created over 600,000 new jobs in this country. We have been able to acquire the assets of a pipeline because we are determined to get our oil to markets, something the Conservatives could not do. We are continuing to permit mining operations at expanded mines right across the country. We have invested more money in infrastructure, and economic and business development than any government in the past.

When the member's Conservative government was in power it pushed legislation upon the indigenous people of the Northwest Territories that was unwanted. They took the government to court. We are remedying that today. Will she now support that legislation?

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 12:50 p.m.
See context

Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

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

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

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