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.

Third Reading

[Michael McLeod, Liberal, Northwest Territories, NT]

Mr. Speaker, I appreciate being able to use the rest of my time on Bill C-88, which would amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act.

This is a very important piece of legislation in my riding of Northwest Territories. The Mackenzie Valley Resource Management Act is the legislation that defines our unique system of land and water management in Mackenzie Valley, which is most of the Northwest Territories.

I had left off yesterday discussing the previous amendments made in 2014 to the Mackenzie Valley Resource Management Act. The current amendments would not only fix the terribly thought out board amalgamation amendments of the previous government, but would also reintroduce all of the other proposed improvements to and modernization of the act that were halted with the NWT Supreme Court injunction.

These amendments were initially brought in by the members opposite, so I really cannot understand why they would be against Bill C-88. It must be their resistance to getting rid of the superboard and affirming the importance of the regional panels as set out in the constitutionally protected land claim agreements.

Other amendments in Bill C-88 clarify board composition when special representatives are added to the boards and provide for board member term extensions to allow for the completion of ongoing proceedings.

The amendments also allow for the creation of an enforceable development certificate scheme to clarify expectations for developers and enforcement agencies, following the environmental assessment. The development certificate amendment process provides for the reconsideration of specific elements of a project rather than having to undergo a full project environmental assessment for technological or environmental changes. Regional study provisions, if employed, would simply add valuable information to the regional data centre that could help inform responsible development.

The regulation-making authorities for administrative monetary penalties and cost recovery are also proposed in this bill and are consistent with modern-day approaches to resource management in other parts of the country. All northern partners, including industry groups, would be involved in the development of these regulations, which would provide further clarity on expectations, roles and responsibilities.

As we all know, there are those across the aisle who seem to not want to have a robust, inclusive and effective regulatory process in the Northwest Territories. The resulting ill-informed and cherry-picking amendments to the MVRMA were brought in by the previous Conservative government in 2014. The Conservatives' goal was to move decisions away from regional community members and restructure the land and water boards with a complete disregard for land claim agreements. As history has shown, the Supreme Court of the Northwest Territories had a problem with that.

Indigenous governments have settled land claims. Canada and the NWT government worked very long and hard to conclude these agreements. They cannot be ignored for expediency, for political gain and pandering to interest groups. As we have seen in this case, and we will see in the future if required, if any level of government thinks it can just set them aside when convenient, it will end up before the courts and will not like the outcome.

Bill C-88 is not just about keeping decision-making in the hands of those who know best, the indigenous and northern people; it is also about targeted improvements to the regime as a whole. These amendments do both.

I thank everyone here today for their continued support. Hopefully, we will see some new supporters here today. These amendments would right past wrongs and certainly improve the regulatory system in the north.

I certainly want to highlight the initial work that the Tlicho government has done to spearhead the court challenge of the ill-conceived Conservative amendments back in 2014, which stopped the superboard from ever being created in the first place. Their successful injunction at the Supreme Court of the Northwest Territories suspended those flawed provisions from being enacted.

Finally, I would like to thank the Minister of Intergovernmental and Northern Affairs for bringing them forward. I wish him well and look forward to seeing and working with him in the future.

The House resumed from June 10 consideration of the motion that 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, be read the third time and passed, and of the amendment.

Bill C-88—Time Allocation Motion

[Carolyn Bennett, Liberal, Toronto—St. Paul's, ON]

Madam Speaker, I would like to reassure the member that face-to-face consultations with the officials from three territorial governments, representatives from the Inuvialuit and Inuit organizations, as well as the existing oil and gas rights holders were launched in March 2017 and concluded in July. The consultations allowed Canada to take stock in stakeholder interests, plans and a vision for future oil and gas exploration and development in the Arctic offshore.

All parties affirmed the strategic economic value to the north from oil and gas development in the Arctic offshore and supported the measure in Bill C-88 to authorize the Governor in Council to issue a prohibition order to freeze the terms of the existing licences in the Beaufort Sea for the duration of the moratorium so the clock would stop and their licences would restart when the moratorium was lifted.

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

Madam Speaker, as is not uncommon for me, I find myself somewhat in the middle on this. I deeply object to this very harsh time limitation on the debate of Bill C-88. At the same time, I was here in the 41st Parliament and I did work against the legislation. It was clear at the time to be disrespectful and a violation of treaty rights to create a so-called superboard without consultation in violation of treaties.

After the decision of the Northwest Territories Supreme Court, which suspended the creation of the superboard, this legislation is almost a no-brainer. It is required that we get rid of the legislation from the 41st Parliament that ignored the treaty rights of indigenous people, but it deserves proper and full consideration in this Parliament.

Therefore, I object to the proceeding we are going through tonight, although I do support the legislation. I also do not believe it is inappropriate for any woman or man in this place to choose first nations designs to promote first nations designers. I find that level of debate really demeans this place.

We are here to promote reconciliation, democracy and respect for each other. The way we conduct ourselves in this place would make any indigenous person wonder if he or she wants to actually join this country or find a way to avoid reconciliation and go back to pre-colonial times, without the burden of the way we conduct ourselves in this place.

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

Madam Speaker, I am very saddened. Sunny ways are definitely dead. Democracy is dying.

Tonight, we just had an extreme closure motion that even Stephen Harper never brought in. It was an extreme closure motion that did not allow for the right to reply of one opposition member in the entire House. There was a 20-minute closure speech. That was for a bill that has raised real concerns around civil liberties and the fact that we are talking about metadata of innocent Canadians being kept without proper scrutiny.

What we had from the Liberals was a few hours of debate a year ago, and then tonight, closure. It is absolutely unacceptable. Now, with Bill C-88, we are seeing the same thing of bulldozing. Even Stephen Harper did not go this far. Liberals promised, back in 2015, to bring a new tone to the House, to actually work with opposition members, and they have chosen to do the opposite. Why are Liberals bulldozing through legislation that requires proper scrutiny and proper discussion?

[Michael McLeod, Liberal, Northwest Territories, NT]

Madam Speaker, in the previous government, Bill C-15 was created in 2014 with complete disregard for the land claims agreements. The Mackenzie Valley Resource Management Act was created through the negotiations of land claims, and it certainly destroyed the trust factor with indigenous people in the Northwest Territories.

I want to ask the member if she would talk a little about how Bill C-88 would re-establish trust with indigenous people in the Northwest Territories, protect their constitutionally protected land claims and self-government agreements and restore legal certainty.

[Carolyn Bennett, Liberal, Minister of Crown-Indigenous Relations]

Madam Speaker, as with all legislation that responds to the kinds of negotiations that happen between indigenous governments, provincial and federal governments, this consultation needed to take place. We are now responding to what both Premier McLeod and Grand Chief George Mackenzie have stated in their joint letter.

We hope that Bill C-88 will proceed expeditiously through the legislative process and will receive royal assent in this Parliament. The negative implications of the status quo are significant.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, this is an expression that I think should apply here: that the government's lack of planning and good House management does not constitute an emergency on our part.

This particular government was aware. It introduced Bill C-88 months ago. The Liberals have rarely brought it up for debate, and now they want to shut it down in the last couple of days of Parliament. It is a piece of legislation that deserves an opportunity for appropriate debate.

Again, they have had it on the Order Paper for over 18 months, and finally they bring it up in the last week. I would like the minister to explain what happened to the last year and a half when we could have been debating this legislation.

Mackenzie Valley Resource Management Act

[The Speaker, Liberal, Geoff Regan]

It being 3:12 p.m., pursuant to order made on Tuesday, May 28, 2019, the House will now proceed to the taking of the deferred recorded division on the motion to concur in Bill C-88 at report stage.

The House resumed from June 7 consideration of the motion that 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, as reported (without amendment) from the committee, be concurred in.

The House proceeded to the consideration 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, as reported (without amendment) from the committee.

[The Chair, Liberal, MaryAnn Mihychuk]

Thank you.

I believe that the budget has been distributed. I need approval for the Grassy Narrows First Nation project study, $10,000, and for Bill C-88, the Mackenzie Valley, $20,200.

Cathy.

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Madam Speaker, this afternoon, we will resume debate at report stage of Bill C-93, an act to provide no-cost, expedited record suspensions for simple possession of cannabis. Tomorrow, we will start report stage of Bill C-97, budget implementation act, 2019, No. 1.

Currently, the intention is to have Monday, June 3 and Friday, June 7 as allotted days.

Next week, priority shall be given to Bill C-97, the budget implementation act; Bill C-93, concerning cannabis pardons; Bill C-92, an act respecting first nations, Inuit and Métis children, youth and families; Bill C-88, concerning the Mackenzie Valley; and government business no. 29, the national climate emergency.

We will also give priority to bills coming back from the Senate.

Finally, I would like to mention that following Private Members' Business on Tuesday and Wednesday evening next week, we will have three hours set aside for speeches by members not seeking re-election in the next election.

These are our current intentions, but as we know, things can always change.

Indigenous and Northern Affairs

[MaryAnn Mihychuk, Liberal, Kildonan—St. Paul, MB]

Mr. Speaker, I have the honour to present, in both official languages, two reports of the Standing Committee on Indigenous and Northern Affairs.

The first is the 19th report in relation to Bill C-92, an act respecting first nations, Inuit and Métis children, youth and families. The committee has studied the bill and has decided report the bill back to the House with amendments.

With the introduction of Bill C-92, we mark a historic turning point for first nations, Inuit and Métis children and families. Bill C-92 would finally put in law what indigenous peoples across the country have been asking of governments for decades: that their inherent jurisdiction be affirmed so they can decide what is best for their children, their families and their communities. The amendments that we accepted at committee yesterday would strengthen the bill further. We will continue to listen to our partners on this important legislation.

The second is the 20th report in relation to Bill C-88, an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other acts. The committee has studied the bill and has decided to report the bill back to the House without amendment.

[The Chair, Liberal, MaryAnn Mihychuk]

That concludes Bill C-88.

We've had a request to move in camera to do some committee business.

Thank you, everyone, for joining us. We have to clear the room, so I'll suspend the meeting for a couple of minutes.

[Proceedings continue in camera]