Bill C-88 (Historical)

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

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.

Bill C-88—Time Allocation Motion

[Bardish Chagger, Liberal, Waterloo, ON]

Madam Speaker, when the Conservative Party is going to, nationally, make comments that it will do whatever it can to disrupt the House of Commons to ensure that the government cannot advance the mandate it was provided by Canadians, yes, I will use the limited tools I have available to ensure that we show up to work and advance legislation that will make a difference in the lives of Canadians.

That member made a fairly rich comment just now with regard to an emergency debate. There have now been two opportunities when the opposition could have raised an emergency debate request. Last Friday, not a single Conservative stood up during the rubric under Routine Proceedings for an emergency debate, and no one asked for it. Members know that it would be a decision for the Speaker to rule on. Today, once again, the Conservatives chose to stand up under Motions rather than stand up under Request for Emergency Debate.

For the Conservatives, the issue is not an emergency, and that is exactly why they asked no questions in question period, yet they are making a mockery of the system by thinking it is a light issue. It is a serious issue when it comes to our farmers. Canola is a serious matter. The government will respond.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Madam Speaker, we keep seeing this happening with the Liberals, who shut down debate and then speak to the content of the bill we would all like to be debating here.

What is the whole point of this bill we are supposed to be debating, except that the Liberals would rather shut down debate? It is about giving a voice to people What is the purpose of shutting down the debate? It is to take away the voice of people.

I regret the day my former colleague Dennis Bevington was not re-elected. Why? It is because we never hear a voice for the north in this place anymore. All the representatives of the north are either Liberals or, now, an independent. It is very sad. In the previous term I was in office, we spoke regularly in this place about the north and the need for the protection of the resources and the protection of the environment and particularly about giving a voice to the people of the north. Contrary to what is being expressed by the Conservatives, that is exactly what they did in their bill. They shut down those local voices.

I would prefer that we spend the time in the House talking about the need to give a voice to northerners instead of debating another shutdown of voices for democracy.

[Bardish Chagger, Liberal, Waterloo, ON]

Madam Speaker, if that member has the permission of her leadership, because I am sure she will not get to speak on her own, she will have plenty of time today to actually debate this important legislation.

When it comes to Bill C-88, it is important to note that it is the result of co-operative, conciliatory discussions that resulted in an agreement to repeal the restructuring provisions in the Northwest Territories Devolution Act. The Government of the Northwest Territories supports these amendments. Indigenous governments and organizations in the Northwest Territories want these amendments. The mining industry that conducts its business in the territory has indicated its support for these changes.

These conversations and discussions have taken place. It is northerners, it is the Northwest Territories, who are asking us to move quickly on this legislation. If that member wants to talk about it, she will have plenty of time today to talk about it. Northerners need action. They need this legislation to go to committee so that we can act. Enough with the talking. Let us move this legislation along. The opposition needs to stop playing games. Let us get to work.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, the hon. government House leader will know that being in the position of the Green Party in this Parliament means that we are not part of the discussion.

I sympathize with her concern that we do not have goodwill in planning expediting legislation in this place. However, I really must protest that we cannot continually have time allocation. The debates on bills are shut down far too often.

I support this legislation. I think it is important to get it through the House. However, on the use of time allocation, and I know the member just referred to her having limited tools, a government in this place with the majority of the seats has the ultimate tools all the time. It is very frustrating for members in positions such as mine and for other members who are not part of the two larger opposition parties to try to have our voices heard on legislation.

[Bardish Chagger, Liberal, Waterloo, ON]

Madam Speaker, I agree with the member that we should not have to use time allocation. Everyone knows that when I need to use time allocation, I do it with sincere regret, because I would rather find a way forward. I can assure the member that we will do our best to accommodate her to ensure that her voice is heard in this place.

I can speak to the efforts we have made with many members who are not considered recognized parties in this place to ensure that they can represent their constituents. Whenever we are able to share some of the time provided to us, I am more than willing to do that. I agree that the member should be able to be on the record. She represents her constituents, like everyone else. I will do my best to ensure that she is given that opportunity.

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

Madam Speaker, it is unfortunate that we have come to this situation in this place. Bill C-88 is yet another anti-energy policy the Liberals are trying to bring in. They are driving investment out of Canada's north. Just like Bill C-69, Bill C-88 politicizes oil and gas extraction by expanding the power of cabinet to block economic development and add to the increasing levels of red tape, hampering investment in the north.

I was at the AME Roundup in Vancouver a few months ago and spoke with numerous mining professionals and people inside the mining and oil and gas extraction industries. They are quite frustrated with the Liberals' plan to take power from the people of northern Canada, in the Northwest Territories in particular. Making the Northwest Territories basically a part is not a way to solve the issues of economic development in Canada's north.

The people spoke loud and clear at that conference. I would like to hear the Liberals' plan for solving the poverty rates in the Northwest Territories if they are actually hampering the industry that could provide jobs, opportunity and wealth.

[Bardish Chagger, Liberal, Waterloo, ON]

Madam Speaker, I agree that it is unfortunate that we have to use these tools. I would encourage the member to perhaps talk to his leadership team to find a better way forward. Let us also understand why we are where we are today.

It was the previous Conservative government, with its rush to weaken environmental reviews and trample on land claims and indigenous governments, that, overall, put a cloud of uncertainty over the regulatory regime in the Northwest Territories. The Conservatives added a few extra clauses to the Northwest Territories Devolution Act in 2014 to amend the Mackenzie Valley Resource Management Act. These changes were made to restructure the land and water boards. What they meant by “restructure” was eliminating the regional panels that had been in place and effective for years and that are a significant component of indigenous participation.

The member talks about participation. The Conservatives did whatever they could to bring in a concept of super-boards to take those rights away. They were challenged in court, and they lost. We were elected. We did not appeal that decision, because we knew it was the wrong approach. Therefore, we are trying to correct that.

It is important that we move forward on this bill as quickly as possible to bring clarity to environmental assessment processes in the Northwest Territories for those wanting to benefit from economic opportunities in the north, including indigenous peoples and all northerners. This brings the clarity—

[The Assistant Deputy Speaker, NDP, Carol Hughes]

Questions and comments, the hon. member for New Westminster—Burnaby.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Madam Speaker, I want to come back to the question I asked earlier that the government House leader has not responded to. I must say that I find the tone the government House leader is adopting in the House to be very disrespectful. All members of Parliament have a responsibility to stand up for their constituents. Whether we are Liberals, Conservatives, New Democrats, Greens, Bloc members or independents, we all have the best interests of the country in mind. The government House leader casting aspersions on all members of Parliament I find completely inappropriate.

I asked earlier why the Liberal government is not supporting the amendments the NDP wanted to bring forward to have references to the United Nations Declaration on the Rights of Indigenous Peoples and to include intervenor funding. These are things that have been sent forward. The Liberal government, to date, has absolutely refused to entertain them, and the use of closure today indicates, unfortunately, a trend to try to ram this through committee.

Will the government support these amendments, yes or no?

[Bardish Chagger, Liberal, Waterloo, ON]

Madam Speaker, I am on the record numerous times in the House, as well as outside the House, saying that I have a lot of respect not only for this place but for all members of Parliament. I recognize and acknowledge that all member of Parliament have the best interests of their constituents and the country at heart. Whether I agree or not, I believe that when people make decisions, they do so in the belief that those decisions are in the best interests of the country. I have always said that, and I will continue to say that.

I do not need it to be mansplained to me. It is unfortunate that the member does not like my tone. It is my voice. I work hard for my constituents in the same way I am sure he and every member of Parliament does.

That member should take partial responsibility for our being in this situation. He and the opposition House leader do not want to find a way forward on legislation. They have publicly stated that they will do whatever they can to disrupt the work we are doing in the House, because they do not want to see us advance legislation.

This legislation is at second reading. It will be debated all day today, and then it will go to committee, where committee will be able to look at it.

This legislation would undo the restructuring the Conservatives brought in. That needs to be corrected. That is what northerners are asking for. That is what the people of the Northwest Territories are asking for. We have committed to getting it done. We would like to find a way forward. Unfortunately, the NDP is not willing to provide it.

[Colin Carrie, Conservative, Oshawa, ON]

Madam Speaker, I rise frustrated by the responses of the government House leader. She is trying to tell Canadians why we are in this situation right now. The reason we are here is that we have a government that, instead of doing the work it is supposed to be doing, is obsessed with its scandals and selfies.

This government is actually one of the worst functioning governments since the 1920s. The Liberals are not working with anyone. They are not getting any of the legislation that is important to Canadians put through. They are shutting down debate once more on a very important bill.

Regardless of what the House leader is saying, let us look at the facts. Bill C-88 reveals a full rejection of calls from the elected territorial leaders for increased control of their natural resources by giving the federal cabinet the ability to block oil and gas projects. These are key economic activities in the north. This top-down, paternalistic action of the Liberal government would do nothing to reduce poverty in the north.

This is just another sign that the Liberal government is obsessed with what it feels is important: the selfies and the scandals that are going on. Canadians expect us to debate bills in the House, debate them for northerners, so we can get some economic activity and decreased poverty in the north.

[Bardish Chagger, Liberal, Waterloo, ON]

Madam Speaker, the member's comments have just confirmed that he has not read the bill and is not aware of what we are debating right now. This legislation would increase local autonomy. It would give back what the Conservatives tried so hard to take away.

The member talks about poverty and all these factors. Let the record once again show that since this government came into office, close to 300,000 children have been lifted out of poverty because of the tax-free Canada child benefit, which the Conservatives voted against. Over 800,000 Canadians have now been lifted out of poverty.

I recognize that there is definitely a lot more work to do. That member represents a community that is going through challenging times. We want to be able to provide support. These are the kinds of programs that actually provide those supports.

We have an economy today that has created 900,000 jobs. Canadians have those jobs because of our investments. Every single investment we have made, the Conservatives have voted against. Conservative members take quite literally their job as the opposition. Their job is to hold the government to account. That does not mean they have to oppose every single thing, and that does not mean we cannot be productive.

[Jenny Kwan, NDP, Vancouver East, BC]

Madam Speaker, I have been listening to this debate, and it has become clear to me that the government House leader is talking exactly from the same page as the Prime Minister. They will not take responsibility for their actions.

The truth of the matter is that the Liberal government's agenda is to try to bring forward the work that needs to be done, and it has failed to do so. Who do the Liberals blame? They blame everyone else. In that process, they are exerting something they said they would not do during the 2015 election. I remember, because I was a new candidate at that time. They said that they would not copy the ways of Harper, that they would not shut down debate, yet time and time again they have shut down debate.

What is the NDP trying to do with respect to this legislation? We are trying to do something the government says is its top priority on the question around reconciliation. What do we want to see in the bill? We want to see amendments that recognize exactly that, the UN Declaration on the Rights of Indigenous Peoples. The Liberals refuse to allow it, and now they are shutting down debate.

When will the government House leader and her government take responsibility for their actions for a change?

[Bardish Chagger, Liberal, Waterloo, ON]

Madam Speaker, I have an open door policy and I try to find a way forward. I will take responsibility for being unable to find a way forward. The New Democrats and the Conservatives did not want to offer a way forward so, yes, I am using time allocation to advance this legislation.

This bill responds to indigenous concerns respecting the legislative and regulatory framework flowing from their constitutionality, protected land claims and self-government agreements. This is what is being asked for. That is exactly why we are advancing this piece of legislation, and we are going to do it by using time allocation because the Conservatives and the New Democrats refused to provide a path forward.

That member and the NDP should definitely take responsibility for abolishing the Kelowna accord as well as the Kyoto protocol. That member and the NDP should take responsibility for turning the clock back on Canada and allowing Stephen Harper to have the platform to do it. When that member takes responsibility, we will actually be able to find a way forward in a better way. Yes, I chose to move time allocation. I take responsibility.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

I want to remind members that when someone has the floor, other members who have questions and comments to add will wait until it is the time for questions and comments.

The hon. parliamentary secretary to the government House leader.