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.

Mackenzie Valley Resource Management Act

[Sheri Benson, NDP, Saskatoon West, SK]

Madam Speaker, I think my colleague and I would both agree that the people of the Northwest Territories know best how their resources should be used and managed. I agree with his assessment of what happened with the previous Conservative government. It ignored the spirit, intent and the word of constitutionally protected land claims and self-government agreements. It failed to listen, and it has led to lengthy legal battles.

Generally we support Bill C-88. At the same time, there is an important opportunity here for the government to put into action the United Nations Declaration on the Rights of Indigenous Peoples. Although it is not included in the bill, I would like to hear my hon. colleague's comments about his support for including the UN Declaration on the Rights of Indigenous Peoples in this bill.

[Dan Vandal, Liberal, Parliamentary Secretary to the Minister of Indigenous Services]

Madam Speaker, I am thankful for the opportunity to speak on this traditional Algonquin territory to explain my support 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.

The legislation before us proposes to strike a more appropriate balance between economic development and environmental protection in Canada's north.

As my hon. colleagues recognize, Canada is blessed with an abundance of valuable natural resources, vast forests as well as deposits of minerals, oil and gas. Throughout our history, these resources have been the cornerstones of the economy and while the national economy grows ever more diverse thanks to the rise of other sectors, resource development remains crucial to national prosperity.

Resource development projects create jobs, generate export sales and stimulate technological innovation. Tempering these benefits, however, are the environmental and the social impacts of resource extraction and development. These include pollution, destruction of ecosystems and changes in the fabric of communities and traditional indigenous ways. Throughout much of our nation's history, while we relied on resource development for our prosperity and growth, we often failed to appreciate and to take into account its long-term environmental and social consequences. Thankfully, this view is no longer prevalent.

To strike a better balance between economic and environmental concerns, Canada has developed a unique regulatory regime that governs resource development projects in the north, a regime that is co-managed with indigenous partners. The regime requires that proposed projects undergo stringent reviews of anticipated impacts. Review processes are structured for fairness, transparency, effectiveness and to consider traditional knowledge. Members of the public, along with stakeholder groups, are encouraged to participate in project reviews and the decisions of review boards are published for everyone to see.

The regulatory regime helps to ensure that resource projects maximize potential economic benefits and minimize potential environmental impacts. In this way, it restores public confidence, creates certainty and predictability, which are so important to industry, and sets the foundation for a sustainable and long-term natural resource industry in the north.

To maintain an appropriate balance between these concerns, the regulatory regime evolves continually as our country evolves and as our understanding of the environment and of resource development deepens. In the north in particular, the settlement of modern land claims has enabled the creation of unique systems of governance in co-operation with indigenous partners.

The proposed legislation now before us lays out a series of amendments to the regulatory regime that governs resource development in the Northwest Territories. The roots of Bill C-88 stretch back to a series of amendments made to the regulatory regime in 2014. Some of the amendments provoked indigenous communities in the Northwest Territories to initiate court actions against the Government of Canada. The Tlicho Government and Sahtu Secretariat Incorporated filed similar court challenges that effectively put a halt to some of the 2014 amendments.

Since 2015, the Government of Canada has launched a concerted effort to address the concerns that had provoked indigenous communities to initiate court actions. The primary issue is the amalgamation of four regional land and water boards into a single entity: the Mackenzie Valley Land and Water Board. To resolve this issue, representatives of the Government of Canada consulted with indigenous groups, the Government of the Northwest Territories and industry. The Government of Canada then drafted a legislative proposal, shared it with all interested partners and made changes to it in response to the feedback we received. The proposed legislation now before us is the product of this co-operative conciliatory process.

Among other changes, Bill C-88 would end amalgamation, reinstate the regional land and water boards and effectively end the court challenges.

The proposed legislation would promote reconciliation with indigenous peoples, a key priority for this country.

The proposed legislation now before us would also resolve a different problem created by the court challenges related to board amalgamation. To simplify a complex story, the court challenges effectively put a halt not only to amalgamation but to several policy measures that were central to the regulatory regime. These included the use of development certificates and the necessary enforcement scheme, inspector notice requirements on Gwich'in and Sahtu lands and other measures. Bill C-88 would reinstate these measures through specific amendments to the Mackenzie Valley Resource Management Act.

Another effect of Bill C-88 would be to further strengthen environmental protections in the Arctic, home to some of the world's most fragile ecosystems. The effects of climate change are more evident in the Arctic and appear to be progressing more quickly than anywhere else.

In 2016, Canada agreed to take a series of actions to better protect the Arctic. Chief among these was a moratorium on the issuance of new oil and gas rights in Canada's Arctic offshore region, subject to a five-year, science-based review. To ensure the appropriateness of these actions, the Government of Canada initiated year-long consultations with territorial and northern indigenous governments and with existing Arctic offshore oil and gas rights holders to discuss their interests. These consultations highlighted the importance of protecting the Arctic's unique offshore environment while pursuing safe, responsible activities that create jobs and economic opportunities in northern indigenous economies.

The consultations featured many discussions about how best to balance environmental and economic concerns. The result of the consultations was the series of amendments before us in Bill C-88 concerning the Canada Petroleum Resources Act.

First, to complement the moratorium on the issuance of new licences, which our Prime Minister announced in 2018, the amendments would allow us to prohibit any oil and gas exploration or development activities under existing exploration and significant discovery licences in the Arctic offshore.

Furthermore, the proposed amendments would fix a gap in the current legislative regime regarding existing licences and the five-year, science-based review. The legislation as it now stands does not allow licences to be suspended to allow for the review to unfold as required. In fact, some existing Arctic offshore oil and gas rights will begin to expire before the next review period is over. Bill C-88 proposes to resolve this issue by allowing the government to preserve existing rights until the review is completed. At that point, we would have a better understanding of the next steps for Arctic offshore oil and gas.

These amendments would be fair to the existing rights holders and would produce an effective compromise. The scientific research could be completed without any pressure associated with existing oil and gas activity in the region, while existing oil and gas rights could not expire in the meantime.

Bill C-88 proposes to improve the regulatory regime in the north through a series of amendments informed by several important developments, including court challenges, the accelerated impact of climate change in the Arctic and the opportunity to foster reconciliation between indigenous peoples and the Government of Canada. The amendments proposed in Bill C-88 would increase the predictability, consistency and timeliness of regulatory reviews in the north while strengthening environmental protections.

Northerners deserve a fully functional modernized regulatory regime that meets their particular needs, the kind of regime that promotes growth and prosperity while safeguarding fragile ecosystems, the kind of regime that strikes an appropriate balance between economic and environmental concerns.

[Darrell Samson, Liberal, Sackville—Preston—Chezzetcook, NS]

Madam Speaker, I am pleased 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. I would like to acknowledge that we are gathered on the traditional lands of the Algonquin people.

The bill before us today would not only resolve the litigation resulting from the attempt to amalgamate land and water boards in 2014, but also improve the regulatory regime. The Northwest Territories Devolution Act made a number of changes to the Mackenzie Valley Resources Management Act, which provides the legislative framework for the regulatory regime.

One of the changes was to amalgamate the Northwest Territories' four land and water boards into a single entity. Two indigenous governments challenged the amalgamation in court, and the Supreme Court of the Northwest Territories granted an injunction that halted amalgamation and other changes designed to make the regulatory regime more effective.

As my hon. colleagues know, in order to work effectively, a regulatory regime must continually earn the trust of project proponents and the general public. It does that by working in a steady, fair, reliable and predictable manner.

This description applies to the resource development regime in the Northwest Territories. The current four-board structure works wonderfully. However, there is always room for improvement. This bill ensures that the current structure will be maintained and adds improvements that were proposed over four years ago.

In reality, the changes proposed in Bill C-88 seek to make the regime more fair, reliable, predictable and efficient. It clearly serves the interests of northerners and all Canadians.

One example of how the changes will improve the regime relates to the members of the boards responsible for reviewing proposed projects.

There are five boards in all: the Mackenzie Valley Environmental Impact Review Board, the Sahtu Land and Water Board, the Gwich’in Land and Water Board, the Wek'èezhìi Land and Water Board and the Mackenzie Valley Land and Water Board. One or more of these boards can be authorized to conduct a regulatory review, depending on the nature and location of the proposed project.

The Mackenzie Valley Resource Management Act sets out the quorum required for some of the boards' activities. For example, a board cannot issue a permit unless it has the minimum number of members. That is completely appropriate because the boards' decisions often have significant consequences. To ensure that the five boards always make sound decisions, each one is made up of members from various backgrounds with different perspectives. This diversity is one of the boards' greatest assets. It helps them consider every nuance from different angles.

The members' diversity also fosters strong public trust in the boards' decisions. Naturally, in some cases, a member may not be able to participate in certain board activities because of illness or some other legitimate reason, but that should be the exception, not the rule.

The Government of Canada realizes it can be difficult for northern boards to maintain a quorum, partly because of how hard it is to recruit and retain members with the necessary experience and expertise.

To help the boards overcome this challenge, Bill C-88 would authorize them to extend the terms of individual members if the term expires during a review. That would help guarantee that the boards maintain a quorum throughout the reviews.

The bill states that the board must request the extension at least two months before the day on which the member's term expires. The request must be submitted to the minister. The temporary extension of the board member's term will end when the review that is in progress at the time of the request is concluded.

The Northwest Territories' five regulatory boards are responsible for conducting complex reviews that often include hearings, scientific reports and economic forecasts. The reviews can take months to complete. It is common for new information and perspectives to emerge during a review. Board members who have been continuously involved in a review are better equipped to understand and contextualize new information and perspectives.

The five boards make decisions that can have a profound impact not only on ecosystems, but also on local and national communities. Given the magnitude of these decisions, the boards need to be part of a modern, functional regulatory regime.

Not only does Bill C-88 propose a mechanism to support continuity, but it also makes a number of other improvements to the regulatory regime. The bill currently before the House establishes an efficient inspection and enforcement system. Under that system, proponents would be required to abide by the conditions imposed by a board when it approves a project following an environmental assessment. These conditions would be clearly set out in a document called a development certificate.

To ensure that proponents are fulfilling their obligations, inspectors would be authorized to carry out activities like site visits. Proponents who do not use valid development certificates, who fail to comply with the conditions set out in the certificate or who interfere with the work of inspectors could face stiff penalties, including fines and imprisonment.

As my hon. colleagues must understand by now, Bill C-88 proposes a long list of measures that will considerably improve the regulatory regime in the Northwest Territories. The bill currently before the House makes improvements to a regime that is already functional and efficient. Such a regime will help maintain the respect and trust of Canadians, proponents and investors. It will help ensure that resource development projects strike an appropriate balance between economic, social and environmental goals. For all these reasons, Bill C-88 deserves the support of the House.

[Mel Arnold, Conservative, North Okanagan—Shuswap, BC]

Madam Speaker, it is an honour to 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.

I say it is an honour, but I really question that when I take a look at what this bill is proposing to do. I say “proposing” because I hope we can make changes to it. What we see in this bill is what we have seen in other bills and in actions by the government. Basically, they are anti-resource actions.

The first action we saw on this was in November 2015, barely a month into the government's hopefully very short reign, when the Prime Minister decided to shut down the northern gateway project that would have taken oil resources from northern Alberta to tidewater. Rather than working with the challenges that were identified in that project, the Prime Minister decided, basically unilaterally, without debate in the House and without any criticism of his actions, to shut that down.

People in the north were looking forward to those jobs. People in ports and people right across the country could have benefited from those jobs. However, the Prime Minister made the decision almost single-handedly. Was it single-handedly, or was it a decision by his senior advisers? There was certainly very little input or debate in this House on that decision.

Next was the energy east pipeline, which would have taken high-quality Canadian products, produced and refined in Canada, to meet the fuel needs of eastern Canada. However, instead of allowing that project to proceed, the Prime Minister canned it as well.

Where are we now? We are still bringing in billions of dollars' worth of foreign oil. This foreign oil is produced in countries with lower environmental standards than we have in Canada, with lower human rights standards than we have in Canada and with lower technologies than we have in Canada.

That is the type of choice the Prime Minister and the government have been making. They have been penalizing Canadian resource workers and the companies and businesses that supply the resource sector from right across the country.

A lot of people think that the only jobs affected are those in Alberta or those in the oil sands projects, but those jobs stretch far further than that. I live in the North Okanagan—Shuswap, the south central part of British Columbia, a long way from the Alberta oil sands, but it is very close for some of the businesses and workers in my communities. I visited a machine shop that builds the highest-quality parts and pieces for the oil sector, everything from pipefittings to brackets and attachments used in the oil sector.

When I visited that machine shop and talked to the managers and people there, the pride they took in the quality of products they built, because of the technology that is developed out of the resource sector in Canada, was second to none. They manufacture and machine to a higher quality than anywhere else in the world, and it is because of one thing. It is because we have a strong resource sector in Canada.

They have seen their technology work. They have continuously improved on it. They have decided to go into a niche market of only looking at that top-end, high-quality, high environmental standard, high safety standard product, because there are people and businesses all over the world competing for the 20-year-old technology that is used in some of those countries I just referred to, which have lower environmental standards, lower human rights standards and lower worker safety standards.

The government continues to penalize Canadians for being innovative, for being creative and for taking the risk. They sometimes risk millions of dollars, their personal investments and their family homes to build a business or an industry that is reliant on the Canadian resource sector.

This bill is another step in that direction. The government is taking what we had done in a previous government in reducing the size of bureaucracy, making it easier for projects to move forward still with our the same high environmental standards. Now the Liberals are splitting it up, making it so that a major project like the Mackenzie Valley pipeline would have to go through multiple individual steps all the way through. The bill would do that kind of thing. As I mentioned, Bill C-88 is similar to many other bills in some other ways.

I am very familiar with Bill C-55, the Oceans Act, and the unilateral power that that bill would give to the minister, the unilateral power to shut down activities in an area, regardless of whether there would be scientific evidence as to the effects or not. Bill C-68 does much the same thing.

Bill C-69, which has been referred to as the “never do anything ever again” bill, is now in the Senate, I believe.

Those bills would give unprecedented unilateral power to ministers to make a decision to shut down activities without it being based on science, without it being based on debate.

The other one, which we saw for the first time, was in Bill C-68, the Fisheries Act. There is a paragraph in there that says that the minister on making decisions on a project must consider the intersection of sex and gender into his decision-making process. We saw that clause and it baffled us. What does that mean in a Fisheries Act bill? We also have to wonder what it means in a resource act bill.

The briefing that we received, to summarize and really simplify it, meant that any project moving forward had to look at the impact of outside workers coming into a community, for example, the impact of growth in the community, the impact of, as I said, sex and gender in the project. That did not seem too bad, all in itself, until the Prime Minister actually was questioned on it and started referring to resource and construction workers as a threat to communities. I believe he called them “dangerous” and said that they could present a danger to those communities. We heard the outcry from people in communities where they had seen the benefits of those projects. They absolutely could not believe those construction workers could be considered a threat.

We see this trend continuing, with the government attempting to shut down anything that resembles a major resource project. Those projects are going to be needed if Canada is to continue to prosper and thrive as we move forward. We know countries with strong economies create the best environmental conditions and protect their environments better than others. However, the government seems to want to take away anything that would allow benefits and prosperity in our country. We have seen it in the government's previous budgets, in which it attempted to attack small business or attack family farms and the succession planning of small business to pass their family businesses and farms on to their family members. It would cost them as much as four times higher to sell the family farm to a family member than to a total stranger or a foreign entity. It is an absolutely atrocious attack on small business and family farms.

[Marc Miller, Liberal, Parliamentary Secretary to the Minister of Crown-Indigenous Relations]

Madam Speaker, thank you for giving me the opportunity to express my support for Bill C-88 and explain why I approved it at second reading stage.

First, I want to congratulate the hon. member for Yukon on his fine speech and thank him for his support for a region of this country that I rarely get to visit. I also want to thank the member for Northwest Territories, who is also a very strong advocate for that region. Goodness knows that they have approached me as Parliamentary Secretary to the Minister of Crown-Indigenous Relations with many requests. I am well aware of how passionately these two individuals advocate in favour of that beautiful part of our country, which is so rarely visited by most Canadians. I would like to take this opportunity to encourage all my fellow members to visit the far north. It is a beautiful place that reinforces and reminds us what it means to be Canadian.

I would like to use my time to draw the attention of my hon. colleagues to the authorization of regional studies. Although this may be a lesser-known aspect of Bill C-88, regional studies should have a significant and positive impact on the review process at the core of the regulatory regime governing resource development in Canada's north.

The changes proposed in the bill before us would allow the Minister of Intergovernmental and Northern Affairs and Internal Trade to establish committees to conduct regional studies. These studies could take very diverse forms. They could, for example, be as narrow as a documentary analysis or as broad as in-depth research to create databases on a body of water or a land mass. The relevant text of the proposed bill is purposely broad in order to allow for a variety of scopes and activities.

One of the reasons why the bill uses non-specific language is that science and scientific knowledge are expanding and becoming increasingly sophisticated. It is impossible to accurately predict today what kind of regional study will be most beneficial 10 or 20 years from now. That said, regional studies can generate valuable environmental and socio-economic information about the potential impacts of a proposed project. The Northwest Territories' regulatory boards would definitely find that kind of information useful.

Although the proposed bill does not specify the form, scope, or subject of the studies, it clearly sets out what these studies and committees are not. Regional studies are not a substitute for the regulatory boards, for example, or any of the roles these boards play in the regulatory regime. The bill also states that a committee has no other role than what is set out in its terms of reference. Asking a committee to undertake a study essentially means hiring an expert or consultant to prepare a report. Under this bill, regional studies would be subject to the general principles of the integrated co-management regulatory regime authorized by the Mackenzie Valley Resource Management Act.

The value of including regional studies in environmental impact assessments has long been recognized. For example, the 1992 version of the Canadian Environmental Assessment Act referred directly to regional studies. Under subsection 16(1), proponents had to consider the cumulative environmental effects of their projects, while section 16(2) emphasized the role and value of regional studies, outside the scope of the act, in considering cumulative effects. Parliament repealed the act in 2012, replacing it with a new version that explicitly authorizes the minister of the environment to establish committees to conduct regional studies.

Regional studies also feature prominently in a 2009 publication issued by the Canadian Council of Ministers of the Environment. The publication, which is entitled “Regional Strategic Environmental Assessment in Canada: Principles and Guidelines”, lists the benefits of regional studies. These include analyzing, identifying and managing cumulative environmental effects at a more appropriate, regional scale.

According to this publication, regional studies can also contribute to the discussion of alternative sustainable future scenarios and key environmental goals and objectives for a region.

Studies can save time and resources by avoiding environmental effects early on, rather than mitigating cumulative effects much further down the line. Regional studies establish regional environmental targets, limits and thresholds against which to monitor and evaluate subsequent development and management actions. In this way, studies support effective project-based performance assessment. Lastly, the publication suggests that regional studies can provide an early indication of public interest in regional environmental issues.

It is clear that the value of regional studies to environmental impact assessments is increasingly being recognized. Many regulatory regimes in Canada use them as a way to collect environmental data and analyze environmental effects. Besides the Canadian Environmental Assessment Act, provisions authorizing regional studies also appear in section 5 of Saskatchewan's Environmental Assessment Act and section 112 of the Yukon Environmental and Socio-economic Assessment Act.

Many other jurisdictions in Canada incorporate regional studies into impact assessments even though those studies are not explicitly mentioned in the legislative measure in question. The simple truth is that regional studies are becoming increasingly popular because they are useful. They can provide accurate, up-to-date, relevant data. They are versatile and can be adapted to specific, practical circumstances. For example, a regional study may analyze potential impacts from the perspective of an ecosystem or region as a whole, rather than solely from the perspective of a particular project. Regional studies can provide necessary baseline data from which to analyze the impact of future development projects. These studies can also help to determine environmental thresholds. Ultimately, the reliable data and analyses generated by regional studies help board members make well-informed decisions. That is very important.

By authorizing regional studies, Bill C-88 will make this valuable tool available to regulatory boards in the Northwest Territories. The studies can be used to support project reviews and potentially speed up environmental assessments and environmental impact reviews. By referring to regional studies, the boards would be better able to properly review complex data that exceed the technical expertise of their members. Regional studies can also be used to gather and analyze baseline data, which is not part of the boards' responsibility.

The government is committed to maintaining strong legislation that protects Canada's rich natural environment, respects the rights and interests of indigenous peoples and supports Canada's resilient natural resources sector. Bill C-88 makes a number of significant improvements to the system.

In addition to authorizing the use of regional studies, the bill restores the regional land and water boards and creates a law enforcement system comprising inspections and revised penalties. Other changes will allow the boards to request extensions of their members' terms and enact regulations governing how governments and proponents consult indigenous peoples during the process to issue licences and permits and the environmental impact assessment process under the law.

All these improvements will strengthen northerners' ability to maximize the benefits of resource projects while minimizing their negative impact.

The bill before us deserves the support of the House. I encourage my hon. colleagues to join me in supporting Bill C-88 at second reading.

[Larry Bagnell, Liberal, Yukon, YT]

Madam Speaker, I stand today on the traditional unceded territory of the Algonquin Anishinabe people to express my support for Bill C-88, which proposes to modernize the regulatory regime governing resource development projects in the north.

Before I start, one of the last Conservative speakers said the decision should be made in the north. The northern governments—the Sahtu, the Gwich'in, the Tlicho, the Government of the Northwest Territories—are all in agreement with this legislation. I assume that unless they are going to contradict their own speaker, the Conservatives will be supporting this bill, which leaves the decisions in the north as they were negotiated in the constitutionally protected land claims.

The key reason I support the legislation now before us has to do with the proposed enforcement system. As my colleagues know, the effectiveness of any regulatory regime depends largely on the quality of its enforcement system. As it stands today, the Mackenzie Valley Resource Management Act lacks an effective enforcement system when it comes to assessments of environmental impacts.

While the amendments to the Northwest Territories Devolution Act did create an enforcement system, the court challenges initiated by northern indigenous groups on the decimation of their boards effectively eliminated it. Bill C-88 would amend the Mackenzie Valley Resource Management Act to establish an enforcement system based on development certificates.

A development certificate is a form of authorization, a permission slip of sorts. For a project to proceed, an environmental assessment body must first issue a development certificate to the proponent. The Nunavut Planning and Project Assessment Act follows a similar approach.

Under such a system, that environmental assessment body can include specific mitigation measures in the development certificate. The proponent might be authorized to drive heavy vehicles only on frozen winter roads, for instance, or be banned from designated areas during the time of year when caribou typically birth and nurse their calves, which I wish the Trump administration would do in the Arctic National Wildlife Refuge.

Under Bill C-88, the Mackenzie Valley Environmental Impact Review Board would be authorized to issue development certificates listing mitigation measures within the jurisdiction of the responsible ministers. After completing an environmental assessment or environmental impact review, the board would issue a certificate to the proponent.

Under the enforcement system envisioned in Bill C-88, it would be a violation to proceed with a project without a valid certificate or to contravene the conditions of a certificate. These and other violations could lead to an administrative monetary penalty, or AMP. An AMP is a fine imposed by an inspector. It is a civil sanction imposed through an administrative process, rather than a criminal sentence imposed by a court.

Bill C-88 would amend the Mackenzie Valley Resource Management Act to provide all the necessary and appropriate authorities for AMPs and associated regulations. The regulations would specify penalty amounts, as well as the method of calculating penalties for each type of violation. The amendments also specify the maximum fine would be $25,000 for individuals and $100,000 for organizations. A violation that continues for multiple days would be subject to a separate AMP for each day. I am convinced that the threat of such potentially large fines would promote compliance with the proposed legislation.

There are many advantages to an enforcement system based on development certificates. The threat of a hefty fine removes the potential financial benefit of non-compliance, for instance. By imposing particular restrictions on a project through a development certificate, the system helps regulators to achieve particular goals, such as environmental protection. Civil sanctions such as AMPs tend to be more efficient than criminal prosecutions, which can be lengthy and expensive undertakings.

The enforcement system proposed in Bill C-88 is consistent with those authorized in other federal legislation, including the Environmental Violations Administrative Monetary Penalties Act, the National Energy Board Act and the Nuclear Safety and Control Act.

Another worthwhile feature of the proposed enforcement system is that it features many effective checks and balances. Development certificates, for example, could not include measures within the jurisdiction of a designated regulatory agency, such as the National Energy Board or the Tlicho government. Anyone issued an AMP could seek to have the notice investigated by an official review body. The review would determine whether the penalty was issued in accordance with the regulations, whether the person committed the violation, or both.

For violations related to part 5 of the Mackenzie Valley Resource Management Act, which pertains to environmental assessment, the federal minister would be empowered to act as a review body. For violations related to part 3 of the act, which deals with land and water management, the board that issued the original authorization would serve as the review body. If a violation was related to an activity that did not involve an authorization, the board responsible for the region where the violation occurred would serve as the review body.

The enforcement system would also include a reconsideration process. A proponent could request an adjustment to a development certificate to address changing circumstances, ineffective or unclear project conditions or new technologies. Reconsideration would be limited to the area of change and to any effects the change may have had on the project. The proponent would not be required to complete another full environmental assessment, and the original decision to authorize the project could not be challenged under reconsideration.

Inspection is another important aspect of the proposed enforcement system. Qualified persons, such as federal or territorial officers, would be authorized under the Mackenzie Valley Resource Management Act to inspect projects for compliance with the conditions of development certificates. The inspectors would have broad authority to enter and examine premises. They could also prohibit or limit access to premises. If an inspection uncovered evidence of an activity that contravened part 5 of the act, the inspector could issue an order to cease the activity and to mitigate the effects of the activity.

To deter proponents from interfering with the work of inspectors, this part of the enforcement system would include more stringent measures. Rather than civil sanctions, violators would be subject to criminal prosecution. It would be a criminal offence to obstruct inspectors, for instance, or to knowingly provide them with false or misleading information. It would be an offence to carry out development without the proper authority or to contravene an order to cease an activity.

Offenders would face stiff penalties. Conviction for a first offence, for example, could lead to a fine of up to $250,000 and a one-year prison sentence. The maximum fine for subsequent offences would rise to $500,000. This part of the enforcement system would also feature important checks and balances. For instance, an action could not be subject to both an AMP and a criminal sanction.

As my hon. colleagues can now appreciate, the legislation before us envisions an effective enforcement system. Proponents would be required to abide by specific conditions set out in development certificates. To promote compliance, the system would include sanctions corresponding to the seriousness of a violation or offence. As well, the system would incorporate a series of checks and balances to prevent potential abuses of process.

I am convinced that such an enforcement system would enable northerners to maximize the potential benefits of resource development and to minimize the potential environmental impacts. I will vote in favour of Bill C-88 at second reading, and I urge my hon. colleagues to do the same.

The years involved in negotiating these settlements, land claims and self-government settlements are a remarkable testament to parliamentarians and to Canada. These agreements are working very well. As I said previously, one of my greatest moments in Parliament was to get the Tlicho land claims and self-government agreement through Parliament.

We have to maintain the honour of the Crown, maintain respect for those constitutionally protected agreements and make sure that we do not pass legislation that would infringe on those agreements.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Madam Speaker, I wish to focus my comments on the first part of Bill C-88, the amendments to the Mackenzie Valley Resource Management Act. However, I cannot resist adding that contrary to the remarks the hon. member just made, it was the Harper government that took the power away from the National Energy Board to make the final decision of nay or yea for a pipeline and gave it to the cabinet, so the statement lacks a certain level of credibility.

Forty-five years ago, the federal government commissioned Judge Thomas Berger to lead an inquiry to investigate the social, environmental and economic impacts of a proposed gas pipeline that would run through the Yukon and the Mackenzie River Valley of the Northwest Territories. The Berger inquiry set the bar for proper consultation with communities, in particular with indigenous communities, on proposed major energy projects.

Justice Berger heard testimony from diverse groups with an interest in the pipeline. The inquiry was notable for the voice it gave to aboriginal people, whose traditional territory the pipeline was intended to traverse.

Berger travelled extensively in the north in preparation for and during the hearings, visiting all 35 communities along the Mackenzie River Valley, as well as other cities across Canada, to gauge public reaction. In his travels, he met with Dene, Inuit, Métis and non-aboriginal residents. He heard from experts. He held community meetings across the Northwest Territories and Yukon. This played an important role in shaping his views.

Sadly, despite my request, no similar community-level process was agreed to by the parliamentary committee on review of Bill C-69.

For the first time, intervenor funding was provided to aboriginal communities to ensure their voices would be heard. This inspired many of us to pursue similar rights and open processes for energy reviews in my province of Alberta and before the NEB. My Canadian environmental bill of rights, Bill C-438, is premised on these same basic rights and principles.

The commission recommended that no pipeline be built through northern Yukon and that a pipeline through the Mackenzie Valley should be delayed for 10 years.

His report's first volume, entitled “Northern Frontier, Northern Homeland”, highlighted the fact that while the Mackenzie Valley could be the site of the biggest project in the history of free enterprise, it was also home to many people whose lives would be immeasurably changed by the pipeline.

Berger was quoted as saying this:

The North is a frontier, but it is a homeland too, the homeland of the Dene, Inuit and Métis, as it is also the home of the white people who live there. And it is a heritage, a unique environment that we are called upon to preserve for all Canadians.

The commission found no significant economic benefit to northerners from the pipeline. The report was prescient in concluding that large-sale projects based on non-renewable energy sources rarely provide long-term employment and that those locals who did find work during construction could only find low-skill, low-wage positions.

In addition, Berger feared that the pipeline development would undermine local economies, which relied on hunting, fishing and trapping, possibly even increasing economic hardship. Berger ultimately found that the economy of the region would not be harmed by not building the pipeline.

The commission believed that the pipeline process had not taken native culture seriously and that any development needed to conform to the wishes of those who lived there.

Berger predicted that the social consequences of the pipeline would not only be serious; they would be devastating. The commission was particularly concerned about the role of indigenous peoples in development plans. At the time the report was released, there were several ongoing negotiations over native land claims in the area. Berger suggested that the pipeline construction be delayed until those claims were settled.

The commission found that the local population would not accept development activity without some control. In addition, land claims were part of a broader native rights issue that needed to be settled between the government and the first nations.

In Berger's view, rapid development in the north would preclude settlement of these important issues due to the influx of non-native populations and growing business interests.

The north today bears little resemblance to the north of Berger's time. The land is the same and the resources are still there, but the people of the north have changed. Most land claims have been settled. For many, the traditional ways of life have waned, and indigenous peoples are seizing control of their own destinies. Many who fought so fiercely against the Mackenzie Valley pipeline now favour building one, or building other developments, including a highway, but on their own terms, which include making sure the benefits flow to their communities over the long term.

In the previous Parliament, the Conservatives tacked on to a devolution bill regressive measures that directly contradicted any of the lessons of the Berger inquiry. Those measures also undermined rights within the constitutionally entrenched land claims and self-government agreements or modern treaties. These first nation final agreements provide that those communities most impacted by developments must have a direct voice.

The Conservatives' Bill C-15, contrary to the wish of northerners, eliminated four regional land and water co-management boards created under carefully negotiated first nation final agreements. Lawsuits successfully filed by the Tlicho and Sahtu First Nations succeeded in stopping these measures.

The bill before us, Bill C-88, restores the co-management boards, providing more effective voices for first nations in the development reviews and approvals. However, as my colleague, the MP for South Okanagan—West Kootenay, has pointed out, Bill C-88 could fully recognize and strengthen indigenous rights by entrenching the UNDRIP in this proposed law.

A few years back, I had the honour of attending a Dene gathering in Fort Providence with my former colleague, Dennis Bevington, the then Northwest Territories member of Parliament. I heard first-hand concerns from northerners about an oil spill that was discovered on the land by indigenous hunters and their struggle to receive the necessary assistance to monitor the cleanup of the disaster, so the struggle continues to have a true voice.

However, I also experienced the joy of seeing the mighty Mackenzie River running along the shores of Fort Providence, a magnificent transboundary river basin relied upon by many communities that have long deserved a greater voice in decision-making.

I look forward to supporting the bill before us.

The House resumed 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 second time and referred to a committee.

Second Reading

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

Mr. Speaker, I want to be very clear about the government's instincts. When it comes to many pieces of legislation, the Liberals' instincts are wrong. Their instinct is to manage to bureaucrats and to the wealthiest few in this country.

I want to walk people who are watching through Bill C-88 as an example of why this is the case and also compare it to something that just happened in the last 24 hours that proves that the government really does not care about the environment but does care about bettering the interests of the Liberals' corporate donors and the wealthy companies in this country.

Part 2 of bill C-88 would amend the Canada Petroleum Resources Act to allow the Governor in Council to issue orders, when in the national interest, to prohibit oil and gas activities and freeze the terms of existing licences to prevent them from expanding during a moratorium. For those who are watching, what that means is that like Bill C-69, the no more pipelines act, the government is introducing yet another piece of legislation that would allow the cabinet or the Liberal Party of Canada to interfere politically in the review process, or essentially in the economy, in a way that is not positive.

What do I mean by that? Part of what we have seen in terms of the economic downturn in Canada, when it comes to the natural resources sector, and what we will hear from anyone who wants to look at Canada as a potential place to invest, is that the Liberal government, led by the Prime Minister, has made it uncertain and unstable for people to invest in Canada because of pieces of legislation like this.

If we were sitting around a board table or were a small business trying to decide whether to make an investment, one of the questions we would ask is what the government was going to do with regard to regulations or whether a project was going to go forward. What the government has done with bills like part 2 of Bill C-88, which we are discussing today, and Bill C-69 is say that it would politically interfere in their decision and make a decision that would be in the Liberals' best interests politically, whatever they might be. That would not help investment in Canada. That would not help protect the environment.

Liberals might say that this would help protect the environment, but it would not. All it would do is create an environment of uncertainty so that people could not and would not invest in natural resources projects in Canada. It is a convenient way for them to kick the can down the road.

Rather than standing up and saying that as a government, as a political party, this is what the Liberals' vision is for natural resource development in Canada, they are saying, “Maybe we will do something at some point. Why don't you invest? However, we may pull that football away through legal provisions” such as the one they are introducing in the bill. That is why it is important for Canadians to pay attention to this.

With regard to protecting the environment and perhaps protecting average Canadians, we saw something remarkable happen yesterday. The environment minister not only signed off on $12 million worth of taxpayer money going to one of the wealthiest companies in Canada, Loblaws, to buy new fridges, she also staged a taxpayer-funded announcement at a Loblaws store. Twelve million dollars of taxpayer funds went to a company that makes hundreds of millions of dollars a year to buy fridges, and then tax dollars were used for the minister to get a photo opportunity for doing that.

One could argue that Loblaws is a very successful company. If everyone is so committed to protecting the environment, why could Loblaws not just buy those fridges itself? Why was the government's policy instinct not to incent the company, either through regulations or tax credits or something that would be better for everyone in the country and would put everyone on a level playing field? Why was the Liberals' instinct to give money to this company, which can afford lobbyists to fill out very complicated grant applications? Why was it the Liberals' instinct to give money to a wealthy company that could have done this itself instead of something that would have evened the playing field for all Canadians and incentivized business?

I like to call it “reverse Robin Hood”. The Prime Minister has a really great track record of doing everything possible to take money away from Canadians. It includes this announcement and the SNC-Lavalin scandal and things like the carbon tax, which will never reduce greenhouse gas emissions, as well as giving opportunities to wealthy companies that have lobbyists.

I believe in the economy. I believe that we should create an opportunity for companies to thrive. What I do not believe is that the government should be using tax dollars to pay for fridges for a company that has done three things that I will describe.

First, it makes hundreds of millions of dollars of net profit every year. It made about $3 billion in net revenue and $800 million in net profit last year. It is doing okay. I think can afford a few fridges.

Then this company was involved for years in a price-fixing scheme on bread that by all accounts impacted poor people in Canada the most.

Also, early last year, reports broke that this company was involved in a fight with the Canada Revenue Agency over $400 million in claims over a bogus offshore account. That was a CBC headline.

What was the minister thinking? I know what she was thinking. I would like to chalk it up to incompetence, but when we look at SNC-Lavalin and this announcement, it is not as if she signed this accidentally. It was not, “Oh, no; I accidentally signed this.” She scheduled a funding announcement for it. She took pictures with somebody.

When I talked about this issue yesterday, somebody named Amanda from Lundar, Manitoba, wrote to my office to say that the dairy cooler in the family grocery store she owns in her community had broken and that she cannot afford to replace it. She said she just cannot afford it. She asked why the government is so out of touch that it thinks the right thing to do is to give $12 million to a big company that makes hundreds of millions of dollars and then increase her taxes to pay for it. That shows how out of touch the government is.

The government has no desire to fix the environment. It is like the Prime Minister saying he is a feminist. Now he is saying he is fixing the environment, but he is finding ways to give money to Loblaws.

Loblaws should be concerned. Loblaws should know better. In terms of any brand credit that Loblaws gets from this, I know the company is managing profit and loss for their shareholders, but did the board members think this was a good idea? Come on. There is $12 million for new freezers when that company made $800 million in profit. Why should Amanda have to go without a dairy freezer—

[Serge Cormier, Liberal, Parliamentary Secretary to the Minister of National Defence]

Mr. Speaker, I am pleased to rise today in support of Bill C-88.

The Government of Canada, our government, is taking a new approach. We are currently conducting extensive consultations with indigenous governments and organizations as well as other key stakeholders on issues that will affect them. By working directly with indigenous governments and stakeholders on developing this bill, we can respond to concerns that are raised and ensure that the rights of indigenous peoples are respected. This process has helped create a law that will benefit all Canadians.

Bill C-88 amends the Mackenzie Valley Resource Management Act in direct response to comments from key stakeholders, as well as concerns expressed to the Government of Canada by indigenous groups affected by the previous piece of legislation.

Our indigenous partners have made their views quite clear. The Tlicho government and the Sahtu Secretariat Incorporated applied to the courts in 2014 and 2015 respectively for protection of their rights in accordance with their individual land claim and self-government agreements. The bill we are debating today corrects those problems and responds directly to the concerns expressed by indigenous governments and organizations.

As part of the ongoing reconciliation process, the Minister of Crown-Indigenous Relations asked departmental officials to initiate an ongoing dialogue with indigenous organizations and governments in the Northwest Territories to address their concerns.

On September 23, 2016, the minister sent letters to indigenous groups and stakeholders launching consultations on the draft bill to amend the Mackenzie Valley Resource Management Act in order to address these issues.

Bill C-88 is the result of consultations with indigenous organizations and governments in the Mackenzie Valley, transboundary indigenous organizations and governments, resource co-management boards, and oil and gas industry organizations.

In addition to indigenous organizations and governments, Canada consulted the Government of the Northwest Territories. Our government also consulted members of the mining and gas and oil industries, including the NWT & Nunavut Chamber of Mines, the Mining Association of Canada, the Prospectors and Developers Association of Canada and the Canadian Association of Petroleum Producers. The text of the bill was communicated to these groups to get their feedback, and several meetings were held to respond to their concerns.

Ongoing consultations over the long term with key stakeholders have provided Canada with invaluable insight into the practical nature of the bill before us today. The comments from our partners provided unique perspectives and useful guidance which, in the end, led to the drafting of this bill.

Canada recognizes that the previous legislation was drafted without enough consultation. This is why the government of Canada ensured that the voices of indigenous groups, the government of the Northwest Territories and industry representatives were heard at every stage of the process.

Bringing together stakeholders is the key to developing effective policies and practices. Our government is holding extensive consultations in order to create processes that satisfy the needs of all parties. That ensures that the final product serves everyone in a positive manner and gets rid of any possible uncertainty regarding natural resources.

In March 2018, the Minister of Crown-Indigenous Relations met with industry groups to better understand their opinion on developing and co-managing resources in the north. Industry plays a major role in creating a stronger and better relationship with governments and indigenous organizations when it comes to protecting, managing and developing Canada's natural resources. In order to truly make progress on the path to reconciliation with indigenous peoples, industry must be taken into consideration as a key strategic partner alongside all levels of governments.

Consultation and engagement with stakeholders on Bill C-88 began in February 2017. A draft bill was distributed to participants for an eight-week review, during which two meetings were held in Yellowknife. At these meetings, departmental representatives from the former department of Indigenous and Northern Affairs Canada explained the content of the proposal and the accommodation measures in response to the participants' comments.

Throughout the consultation process, changes to the draft bill were clearly communicated to give stakeholders the opportunity to express their opinion.

By engaging stakeholders, we were able to address all concerns as they were raised. With our innovative approach to drafting this bill, we are improving how our government makes decisions, gathers information, and engages with different stakeholders. Today's bill reflects that process.

If passed, the proposed amendments would contribute to the efficient, predictable and coherent management and use of land, water and natural resources in the Mackenzie Valley. By charting a clearer course for governments and organizations with respect to natural resource management, industry will no longer have to contend with potential uncertainty that hinders its ability to invest in northern Canada.

This legislation will enhance economic opportunities and growth while protecting the environment for future generations. It addresses concerns expressed by indigenous organizations and governments and is consistent with constitutionally protected land claim and self-government agreements. It recognizes the importance of indigenous peoples' active participation in the co-management of natural resources and protects their right to oversee the future of their lands.

The environment, the economy and reconciliation go hand in hand. We need to create a more effective system for everyone, and that is exactly what Bill C-88 accomplishes. I invite my hon. colleagues to support it.

We will achieve reconciliation with indigenous peoples. We will work closely with indigenous peoples and all other stakeholders, whether from industry or other levels of government. It is a priority for our government, always has been, and we will stay the course and continue our work.

[Marjolaine Boutin-Sweet, NDP, Hochelaga, QC]

Mr. Speaker, I am so pleased to see that Bill C-88 is revisiting the principle of self-determination of indigenous peoples. However, the concept of self-determination of indigenous peoples applies to many other areas, including housing, for example.

The minister responsible for housing put forward a housing strategy over a year ago, but we still do not have a targeted housing strategy for indigenous people. I would argue that self-determination should form the foundation of that strategy.

I would like to know whether my colleague would commit to putting some pressure on his colleague, the minister responsible for housing, first, to bring forward a targeted housing strategy for indigenous people, and second, to ensure that strategy is squarely based on self-determination.

[Nick Whalen, Liberal, St. John's East, NL]

Mr. Speaker, I am pleased to rise today on the traditional territory of the Algonquin people in support of a bill that proposes to strike a more appropriate balance between environmental protection, social responsibility and economic development in Canada's north. As my hon. colleagues recognize, Canada is blessed with an abundance of natural resources, and throughout Canada's history these resources have been a cornerstone of the economy.

While the national economy grows ever more diverse thanks to the rise of other sectors, resource development remains crucial to our national prosperity. Resource development projects create jobs and export sales and stimulate technological innovation. Tempering these benefits, however, are the environmental and social impacts of resource extraction and development. These include pollution, destruction of ecosystems and changes in the fabric of communities and traditional indigenous ways.

Throughout much of our nation's history, while we relied on resource development for prosperity and growth, we often failed to appreciate and take into account its long-term environmental and social consequences. To strike a better balance between economic and environmental concerns, Canada has developed a unique regulatory regime that governs resource development projects in the north, a regime that is co-managed with indigenous partners.

The regime requires that proposed projects undergo stringent reviews of anticipated impacts. This regulatory regime helps to ensure that resource projects maximize potential economic benefits and minimize potential environmental impacts. In this way, the regime restores public confidence and creates certainty and predictability, which are so important in industry, and it sets the foundation for a sustainable and long-term natural resource industry in the north.

I am going to take the opportunity now to advise that I will be splitting my time with the parliamentary secretary, the member for Acadie—Bathurst.

To maintain an appropriate balance between these concerns, the regulatory regime evolves continually as Canada evolves and as our understanding of the environment and of resource development deepens. In the north in particular, the settlement of modern land claims has enabled the creation of unique systems of governance in co-operation with our indigenous partners.

Through the amendments proposed in Bill C-88, our government has established a clear path forward in managing land, water and natural resources in the Mackenzie Valley, one that respects indigenous inhabitants and is fair and equitable to industry. These amendments strengthen trust and provide certainty, and they provide an effective approach to natural resource co-management. They also support a modern regulatory regime that is stable, predictable, coordinated and balanced.

Bill C-88 responds to the concerns raised by indigenous governments and organizations in the Mackenzie Valley about the provisions of the 2014 Northwest Territories Devolution Act. That act devolved the administration and control of public lands and waters to the Government of the Northwest Territories and also made other amendments to the Mackenzie Valley Resources Management Act.

Those 2014 amendments to the Mackenzie Valley Resources Management Act included provisions to amalgamate the regional land and water boards in the Mackenzie Valley into a single board. While the government of the day argued that an amalgamated board structure would provide clarity and certainty to the regulatory regime in the Mackenzie Valley, the opposite occurred.

Instead of bringing certainty, the proposed amalgamated boards led to court challenges by indigenous organizations. Indigenous groups argued that their authorities in land and water management, guaranteed by their land claims and self-government agreements, were not being respected, and that their land and water boards could not be unilaterally abolished by the federal government.

A court injunction in February of 2015 halted the provisions of section 253(2) of the Northwest Territories Devolution Act, the section that included restructuring of the land and water boards. The injunction also affected important policy measures that are central to the regulatory regime, such as the use of development certificates and their enforcement scheme and inspection notice requirements on Gwich'in and Sahtu lands.

So much for bringing certainty to the regulatory regime. Stakeholders agree that the 2014 legislation has done the opposite; it creates a climate of uncertainty and discourages the responsible development of the Mackenzie Valley's natural resources.

The Government of Canada is committed to exploring ways to fix the restructuring provisions, resolve the legal proceedings and renew the government's relationship with indigenous peoples in the Northwest Territories.

Bill C-88 is the product of productive discussions with indigenous governments and organizations, the Government of the Northwest Territories, resource co-management boards, industry and other stakeholders. Input received has been carefully considered and helped shape the bill.

If passed, Bill C-88 will undo the controversial land restructuring provisions and reintroduce important regulatory improvement provisions from the Northwest Territories Devolution Act that did not come into force due to the court injunctions. Bill C-88 provides certainty to proponents, and it supports a modern-day regime that balances environmental, social and economic well-being.

My understanding is that the Government of the Northwest Territories supports the amendments proposed in Bill C-88, contrary to what the opposition has said. Indigenous governments and organizations in the Northwest Territories also want these amendments. The mining industry that conducts its business in the territory is not opposed to the board restructuring amendments, and supports anything that provides greater clarity and certainty in the regulatory process and gets us through these injunctions.

Companies with commercial interests in the north also understand the importance of protecting the unique arctic environment, while pursuing safe, responsible development, which creates jobs and economic growth right in the northern communities from whence the resources come.

Bill C-88 proposes to improve the regulatory regime in the north through a series of amendments informed by several important developments. These include the court challenges I mentioned earlier, as well as the accelerated impacts of climate change in the Arctic and the Government of Canada's commitment to foster reconciliation between indigenous peoples and the Crown.

The amendments proposed in Bill C-88 would increase predictability, consistency and timeliness of regulatory reviews in the north, while strengthening environmental protections. Northerners deserve a fully functional, modernized regulatory regime that meets their particular needs, the kind of regime that promotes growth and prosperity while at the same time safeguards the fragile northern ecosystem, the kind of regime that strikes the appropriate balance between economic and environmental concerns.

Bill C-88 would provide the clarity and certainty that the regulatory process needs in order to encourage industry investment in resource development in the Mackenzie River valley. I call upon all members of the House to support Bill C-88, which will enable us to balance the development of untapped economic potential in the north with strong partnerships and sound environmental stewardship.

One of the main issues that has arisen in my conversations with oil and gas companies around uncertainty, and I know the opposition shadow minister raised this point, actually relates to the uncertainty that arises out of the courts. The biggest fear of companies that have proposed to invest billions of dollars in resource development and extraction is that the courts will impose some type of an injunction late into their process, creating a great amount of uncertainty as to whether or not their capital can be effectively deployed. This is exactly what happened with TMX. It is exactly what happened with the previous 2014 legislation that this bill hopes to amend. It is the greatest source of risk that our government is trying to fend off.

Although some members of the House suggest that these injunctions occurred on our watch and, therefore, must be our fault, the exact opposite is the case. The injunction arose in the cases that I just mentioned from decisions that were made by the previous government and its failure to properly consult, to take indigenous concerns into account, to abide by our constitutional commitments and to abide by the duty to accommodate.

This is what so much of our focus has been on for the last four years, to get our environmental regulatory regime back in line with our constitutional and economic commitments, to help make sure indigenous communities thrive. In this particular instance, we have the right balance and we know we do because the groups that have brought forward the injunction are in favour of the changes.

[Shannon Stubbs, Conservative, Lakeland, AB]

Mr. Speaker, we are challenging this piece of legislation because in part 2 it gives unprecedented and unilateral power to the federal cabinet to do exactly the opposite of what the member is talking about, by completely unilaterally blocking and banning economic oil and gas development in these territories.

This is the challenge of the Liberals, who constantly say they believe a bunch of things and are putting forward this suite of policies and different legislation. They are probably well intentioned, but the outcome, consequences and the way it actually works defeat the very objectives they said they stood for in the first place.

That is the same with Bill C-88. Members cannot really, in good conscience, stand up here and pretend that this legislation gives further authority to indigenous communities in the north and to territorial leaders, while right in the legislation is an unprecedented granting of power to the federal cabinet to make unilateral decisions that will destroy economic development in those regions.

[Shannon Stubbs, Conservative, Lakeland, AB]

Mr. Speaker, the changes that the Liberals made to YESAA and that they made in the Yukon actually have exactly the same impact as Bill C-88 and other legislation, which is a regression of the empowerment of territorial and local decision-making over responsible resource development.

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, one of my most cherished times in this House was when I got the Tlicho land claim and self-government agreement, which is referenced in Bill C-88, through the House of Commons. It was a very exciting day for the Tlicho people, but there were some objections from the Conservatives.

I would like to ask the member if the Conservative Party now agrees with the Tlicho self-government and land claim agreement.