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

Sponsor

Dominic LeBlanc  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

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

Part 1 of this enactment amends the Mackenzie Valley Resource Management Act to establish an administration and enforcement scheme in Part 5 of that Act that includes the issuance of development certificates. It also adds an administrative monetary penalty scheme and a cost recovery scheme, provides regulation-making powers for both schemes and for consultation with Aboriginal peoples and it allows the Minister to establish a committee to conduct regional studies. Finally, it repeals a number of provisions of the Northwest Territories Devolution Act that, among other things, restructure the regional panels of the Mackenzie Valley Land and Water Board, but that were not brought into force.

Part 2 of the enactment amends the Canada Petroleum Resources Act to allow the Governor in Council to prohibit certain works or activities on frontier lands if the Governor in Council considers that it is in the national interest to do so.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.

Votes

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

Oil Tanker Moratorium ActGovernment Orders

June 17th, 2019 / 1:40 p.m.
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Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Mr. Speaker, I rise today to respond to the government's motion on the Senate amendments to Bill C-48. While I do appreciate the opportunity to speak to the motion, what I do not appreciate, what millions of other Canadians do not appreciate, is that we have to respond to the bill at all.

I want to recap what the bill would do.

First, this legislation was created as a result of a directive in the Prime Minister's mandate letter to the Minister of Transport dated November 2015.

If passed, this legislation would enact an oil tanker moratorium on B.C.'s northwest coast. The proposed moratorium would be in effect from the Canada-U.S. Alaska border to the northern tip of Vancouver Island.

The legislation would prohibit oil tankers carrying crude and persistent oil as cargo from stopping, loading and unloading at ports or marine installations in the moratorium area. Vessels carrying less than 12,500 metric tons of crude oil would be exempted from the moratorium.

I would suggest that this bill is an open, sneering attack on our oil and gas sector, an anti-pipeline bill poorly masquerading as an environment bill.

Environmental legislation is supposed to be based on science. Bill C-48 is not. It is not science but rather politics and ideology that inform this legislation; Liberal ideology that is as damaging to national unity as it is cynical.

Afer reviewing the bill, which included travelling across the country to hear from witnesses from coast to coast, the Senate transport committee recommended that it not proceed. While the Senate as a whole rescued Bill C-48, the Prime Minister should have taken the hint and withdrawn this anti-energy legislation.

Six premiers, including Premier Scott Moe from my province of Saskatchewan, wrote an open letter to the Prime Minister outlining their legitimate concerns about the anti-oil, anti-energy legislation pushed by the Liberal government here in Ottawa, in particular, Bill C-69 and Bill C-48.

The premiers explained the damage that these two pieces of legislation would do to the economy, but more importantly, they warned of the damage this legislation has done and will continue to do to our national unity.

This was not a threat. This was not spiteful. These six premiers were pointing to a real and growing sense of alienation, alienation on a scale not seen since the Prime Minister's father was in office.

Rather than listening to their concerns, the Prime Minister lashed out at the premiers, calling them irresponsible and accusing them of threatening our national unity if they did not get their way.

The premiers are not threatening our national unity. It is in fact the Prime Minister's radical, anti-science, anti-energy agenda that is; but he is refusing to listen.

Since the Prime Minister is refusing to heed these warnings on Bill C-48 and Bill C-69, I am going to take this opportunity to read them into the record now:

Dear Prime Minister,

We are writing on behalf of the Governments of Ontario, New Brunswick, Manitoba, Saskatchewan and Alberta and the Northwest Territories. Collectively, our five provinces and territory represent 59 per cent of the Canadian population and 63 per cent of Canada's GDP. We are central to Canada's economy and prosperity, and it is of the utmost importance that you consider our concerns with bills C-69 and C-48.

Canadians across the country are unified in their concern about the economic impacts of the legislation such as it was proposed by the House of Commons. In this form, the damage it would do to the economy, jobs and investment will echo from one coast to the other. Provincial and territorial jurisdiction must be respected. Provinces and territories have clear and sole jurisdiction over the development of their non-renewable natural resources, forestry resources, and the generation and production of electricity. Bill C-69 upsets the balance struck by the constitutional division of powers by ignoring the exclusive provincial powers over projects relating to these resources. The federal government must recognize the exclusive role provinces and territories have over the management of our non-renewable natural resource development or risk creating a Constitutional crisis.

Bill C-69, as originally drafted, would make it virtually impossible to develop critical infrastructure, depriving Canada of much needed investment. According to the C.D. Howe Institute, between 2017 and 2018, the planned investment value of major resource sector projects in Canada plunged by $100 billion – an amount equivalent to 4.5 per cent of Canada’s gross domestic product. To protect Canada’s economic future, we, collectively, cannot afford to overlook the uncertainty and risk to future investment created by Bill C-69.

Our five provinces and territory stand united and strongly urge the government to accept Bill C69 as amended by the Senate, in order to minimize the damage to the Canadian economy. We would encourage the Government of Canada and all members of the House of Commons to accept the full slate of amendments to the bill. The Senate Committee on Energy, the Environment, and Natural Resources heard 38 days of testimony from 277 witnesses including indigenous communities, industry, Premiers, and independent experts. Based on that comprehensive testimony, the committee recommended significant amendments to the bill, which were accepted by the Senate as a whole. We urge you to respect that process, the committee’s expertise, and the Senate’s vote.

If the Senate’s amendments are not respected, the bill should be rejected, as it will present insurmountable roadblocks for major infrastructure projects across the country and will further jeopardize jobs, growth and investor confidence.

Similarly, Bill C-48 threatens investor confidence, and the tanker moratorium discriminates against western Canadian crude products. We were very disappointed that the Senate did not accept the recommendation to the Senate Committee on Transport and Communications that the bill not be reported. We would urge the government to stop pressing for the passage of this bill which will have detrimental effects on national unity and for the Canadian economy as a whole.

Our governments are deeply concerned with the federal government’s disregard, so far, of the concerns raised by our provinces and territory related to these bills. As it stands, the federal government appears indifferent to the economic hardships faced by provinces and territories. Immediate action to refine or eliminate these bills is needed to avoid further alienating provinces and territories and their citizens and focus on uniting the country in support of Canada’s economic prosperity.

Perhaps having heard the letter read aloud, the Prime Minister will acknowledge that it contains no threats, but rather it is an appeal from leaders who have listened to their constituents. The Prime Minister needs to understand that simply saying things louder is not going to make them go away. Shouting will not put food in the stomachs of the laid-off construction workers' children. Chanting talking points will not pay the gas bill in the middle of winter.

If this were the only piece of legislation that the government had introduced, one might argue that this is an overreaction, but it is not just one piece of legislation, it is a targeted, cynical, ongoing political attack of our resource sector. The Prime Minister has filled his cabinet with vocal opponents of the oil sands. In 2012, the now Minister of Democratic Institutions posted a tweet that read: “It's time to landlock Alberta's tar sands - call on BC Premier @christyclarkbc to reject the #Enbridge pipeline now!”

Then there is the President of the Treasury Board who said publicly that the approval of the Trans Mountain extension was deeply disappointing and who celebrated when the Prime Minister killed the northern gateway pipeline project. Here I should pause and point out the ridiculous theatrics surrounding the TMX project.

In 2016, the government approved TMX, yet tomorrow, we are told, the government will decide on whether to approve the project all over again. It is like we are in a terrible remake of Groundhog Day. Meanwhile, not an inch of pipeline has been built since the government nationalized Trans Mountain.

However, it is not only the cabinet that the Prime Minister has filled with anti-oil activists, but senior staff positions as well. Here I quote an article from the March 14 edition of the Financial Post:

Prior to ascending to the most powerful post in the Prime Minister’s Office, from 2008 to 2012 Gerald Butts was president and CEO of World Wildlife Fund Canada...an important Tides campaign partner. Butts would use his new powerful position to bring other former campaigners with him: Marlo Reynolds, chief of staff to the Environment Minister...is past executive director of the Tides-backed Pembina Institute. Zoë Caron, chief of staff to Natural Resource Minister...is also a former WWF Canada official. Sarah Goodman, on the prime minister’s staff, is a former vice-president of Tides Canada. With these anti-oil activists at the epicentre of federal power, it’s no wonder the oil industry, and hundreds of thousands of workers, have plummeted into political and policy purgatory.

Why should we be surprised? The Prime Minister is no friend of the oil sands. The Prime Minister stated that he wants to phase out the oil sands and during the election loudly proclaimed that, “If I am elected Prime Minister, the Northern Gateway Pipeline won't become a reality”.

The Prime Minister has spent his time in office attempting to do just that and he has been willing to trample on not only the rights of the provinces, but the rights of aboriginal peoples as well to get his way. When the Prime Minister used an order in council to cancel the northern gateway pipeline, he stole the future of 30 first nations that would have benefited enormously from it. This very bill is facing a lawsuit from Laxkw'alaams Indian band for unjustly infringing on their rights and titles.

Bill C-48 will prevent the proposed first nations-owned and -operated eagle spirit pipeline project from being built as the proposed route to tidewater ends within the area wherein this bill bans tanker traffic. It was done without any consultation with first nations communities. Again, this should come as no surprise.

Just last week I spoke against another anti-energy bill, Bill C-88. As I said then, C-88 makes a mockery of the government's claim to seriously consult with indigenous and Inuit peoples. Without any consultation with Inuit peoples or the territorial governments, the Prime Minister unilaterally announced a five-year ban on offshore oil and gas development. Not only did the Prime Minister refuse to consult the premiers of the territories, he gave some of them less than an hour's notice that he would be making that announcement.

Does that sound like a Prime Minister who wants to listen, consult and work with aboriginal Canadians? Does it reflect the Prime Minister's declaration that his government's relationship with indigenous peoples is their most important relationship or does it sound like a Prime Minister who says what he believes people want to hear and then does the exact opposite by imposing his own will on them? If he had consulted, this is what he would have heard:

Minister Wally Schumann of the Northwest Territories, on how they found out about the ban and the impact it will have on our north, stated:

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

Councillor Jackie Jacobson of Tuktoyaktuk said:

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

Then premier of Nunavut, Peter Taptuna stated, “ We do want to be getting to a state where we can make our own determination of our priorities, and the way to do that is gain meaningful revenue from resource development.”

Mr. Speaker, I note that you are indicating that my time is up. I assume that I will be able to continue at another time.

Bill C-68—Time Allocation MotionFisheries ActGovernment Orders

June 13th, 2019 / 10:50 a.m.
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Liberal

Robert-Falcon Ouellette Liberal Winnipeg Centre, MB

Mr. Speaker, in the Senate there are a number of bills that are so important, just like this exact bill here, Bill C-68. There are also Bill C-88, Bill C-91, Bill C-92, Bill C-93, Bill C-391, Bill C-374, Bill C-369 and Bill CC-262. All these bills are being delayed by the Senate because they are taking far too long.

I was wondering if the hon. minister could tell us why the Conservative senators are delaying all these bills, delaying us from doing the job that Canadians have sent us here to do. They gave us a mandate in 2015, after a decade of darkness with the Conservatives, to repair the damage they had done to the environment and to indigenous communities and to make sure we get this job done.

Can the hon. minister talk a little bit about that, please?

Bill C-68—Time Allocation MotionFisheries ActGovernment Orders

June 13th, 2019 / 11:05 a.m.
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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, I am generally in favour of this bill, as a biologist working in the country for a very long time. The federal Fisheries Act was often held up as only piece of legislation, certainly in British Columbia, that protected wildlife habitat period. It was very much noticed when the previous Conservative government took away much of those habit protection powers.

However, I want to talk about the pattern of the Liberal government to shut down debate on almost everything. I think this is the 70th time we have had a time allocation or a closure motion. We started off today missing Routine Proceedings and going right to orders of the day because the government was afraid of whatever. I had petitions to present and people may have had private members' bills to propose.

I do not know how many times we have gone to orders of the day, but we are supposed to be debating Bill C-88. Instead we are talking about closure and the shutting down of democracy.

Mackenzie Valley Resource Management ActGovernment Orders

June 13th, 2019 / 1:15 p.m.
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Labrador Newfoundland & Labrador

Liberal

Yvonne Jones LiberalParliamentary Secretary to the Minister of Intergovernmental and Northern Affairs and Internal Trade

Madam Speaker, it is a pleasure to rise in the House and speak in support of the third reading of Bill C-88. This bill would amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act. These changes have been long awaited by governments, both indigenous and territorial, in the Northwest Territories.

On Monday, we heard colleagues in the House speak to this bill, including the member of Parliament for the Northwest Territories, who worked very closely with indigenous governments, treaty and land claim owners and the Government of the Northwest Territories to ensure that this bill would be in the best interests of the constituents he represents and would meet the standards they have been requesting from the Government of Canada.

I want to applaud the member of Parliament for the Northwest Territories for the great work he has done on Bill C-88 and for ensuring that members in this House on both sides fully understand this bill and the need for the changes being proposed.

Bill C-88 is based on a simple but wise idea, which is that the best way to regulate development along the Mackenzie Valley and in Arctic waters is to balance the interests of industry, the rights of indigenous governments and organizations, and environmental protection. The proposed legislation before us aims to achieve this balance in three ways.

First would be by foster certainty, which is required by industry. As we know, the Northwest Territories is no stranger to industry. It has been home to some of the largest mining developments in Canada and to some substantial energy, oil and gas developments. It is a region of our country that has been very active in engaging with industry.

Second would be by reinstating a mechanism to recognize the rights of indigenous communities to meaningfully influence development decisions. This would allow indigenous communities to have full input, full insight and full decision-making in industry and resource developments that are occurring within their land claim areas. This would allow them to be part of development, to look at the impacts and benefits of development initiatives, and to be true partners in decisions and outcomes.

Third would be by ensuring that scientific evidence on the state of the environment would inform development decisions. The indigenous governments of the Northwest Territories have set up a model that allows them to look at individual projects and their impact on the environment, not just today but for generations to come, and to make decisions based on scientific information. Scientific evidence ensures that decisions are informed, not just from an economic perspective but from an environmental perspective.

As it stands today, the regulatory regime fails to strike this balance. In particular, the regime currently in place fails to provide clarity, predictability for proponents who are investing, and respect for the rights of indigenous communities in that region and in the north. In large part, that is because of the Northwest Territories Devolution Act, which was endorsed by this House in 2015, and which I, too, voted for. However, it was subsequently challenged by a court order, which led the Supreme Court of the Northwest Territories to effectively suspend key provisions of the act. This ruling caused uncertainty in the regulatory regime for the Mackenzie Valley, and as many of my colleagues have already stated, that uncertainty has not been good for business.

I voted for the bill in 2015, even though it contained clauses that would eradicate the treaty rights of indigenous people in the Northwest Territories. We knew it was wrong. We fought hard to change the bill. We proposed amendment after amendment, but the Harper government would have none of it. It accepted no amendments to the bill that would ensure the rights of indigenous people.

We were left to make a choice. Do we support the devolution of the Northwest Territories, which needed to happen and was long overdue, or do we not support it because of these clauses? We supported the bill but said that when we formed government, we would reverse the negative legislation in the bill that eradicated the rights of indigenous people and did not uphold the environmental and economic responsibilities that should be upheld in any major development. We made a commitment to the people of the Northwest Territories that when we formed government, we would change the legislation to reflect what they wanted. That is what we are doing today.

Over the last couple of years, we have worked very closely with indigenous governments in the Northwest Territories, its member of Parliament and the Government of the Northwest Territories to get this legislation right and change the injustices caused by the Harper government and imposed on people in the Northwest Territories. Today we are removing them.

We would be allowing companies that want to invest in the Northwest Territories through major resource development projects to have certainty. This would ensure that there would be no unforseen impacts for them and would ensure that they would know the climate in which they are investing and the process expected of them.

We would allow indigenous governments, which have had land claims, treaty rights and self-government agreements for many decades, to take back control of their own lands and to make decisions in the best interests of their people for generations to come, and to do so in a systematic and scientific way that looks at all the impacts and benefits. This would allow these indigenous governments to not only have a choice about whether a project went forward but to have the opportunity to partner with investors and resource development companies. Everyone can benefit when they work together.

That is the kind of relationship we have promoted right across Canada with indigenous groups, territorial and provincial governments, investors, resource development agencies and others.

Today we would legislate the changes we committed to in 2015 regarding the Northwest Territories. We know that the legislation would achieve the balance we are trying to establish in three ways. I have already outlined them in my speech.

I want to take a few minutes to talk about how Bill C-88 would restore certainty in the regulatory regime, which was a key aspect of the Northwest Territories Devolution Act. The act eliminated regional boards mandated to review proposed development projects that were likely to impact the traditional lands of three particular indigenous groups: the Tlicho, the Gwich’in and the Sahtu. Their rights were eradicated, and the impact on their lands and treaty agreements forced on them, by the Harper government.

Today we would be giving the Tlicho, the Gwich’in and the Sahtu the right to make decisions about their own lands. They could look at the impact on their traditional lands, their way of life and their environmental footprint and at how their people can benefit from development projects.

It is just common sense, so why would any government want to take that away from indigenous groups in Canada? We saw only a few years ago that the former Harper government had no shame when removing rights from indigenous groups and indigenous governments. That is exactly what it did to the Tlicho, the Gwich'in and the Sahtu in the Northwest Territories. They had spent years working and negotiating with the federal government and territorial government. Generations of elders never lived to see the day they reached self-government agreements in their own lands.

When they finally did, it was an opportunity for them. That opportunity was eroded by the Harper government overnight with one piece of legislation that said that it would now tell them how they were going to regulate resource development in their traditional lands and in the Northwest Territories.

We made a commitment then that if we ever formed government, we would reverse those changes, and that is exactly what we are doing today. Each of those communities concluded comprehensive land claim agreements. Doing so in this country guaranteed them a role on land and water boards and a mandate to review and make decisions on development projects on or near traditional lands. Parliament reviewed and endorsed each one of these agreements and authorized the establishment of the regional boards.

Bill C-88 proposes to reverse the board restructuring and reintroduce the other provisions that were suspended by the Supreme Court decision. These indigenous groups in the Northwest Territories knew that their rights were violated by the Harper government. They knew that what was happening was the epitome of colonization. That is why they fought in the courts. They went to the Supreme Court to argue their case, to say that they had negotiated these rights, that they were inherent rights, that they had treaty agreements and that no government should have the right to impose upon them the way the former government did.

The Supreme Court decision outlined several things that needed to happen to restore confidence in the regime, particularly among indigenous people and proponents and investors in resource development in the Northwest Territories.

The proposed legislation would build confidence in another way. It would clarify the processes and expectations for all parties involved in the regulatory regime. I happen to live in the north, and I represent a riding that is very engaged in resource development, the mining industry and the energy sector in particular. I also know that with every one of those development projects, there are major investments and major commitments. There is nothing better in moving forward on a project than knowing what all the expectations are of all the parties involved and knowing what the process is and what is expected of companies before they put a shovel in the ground. Those things are important.

The party opposite will say that Liberals are too engaged in regulating, restricting and putting too many demands around the environmental component. However, large-scale industries that care about the people where they want to develop want to do what is right. They want to ensure that their environmental footprint is as small as it can be. They want to have the support of the indigenous people and the communities in which they are investing. They want to have strong partnerships to ensure that their development projects are not interrupted by protests or by unforeseen regulations and can move forward and are sustainable. That is why many of these companies, and many I have known personally over the years, are happy to sign impact benefit agreements.

These companies are happy to work with indigenous governments to hire indigenous workers, to ensure that benefits accrue to their communities and to ensure that environmental concerns that indigenous and non-indigenous people have with development in their areas are going to be listened to and dealt with. These companies want to address those issues up front. They do not want to plow into communities and put pressure on them to do things. They do not want to rule what is going to happen. They want to operate in partnership, too.

It is the party opposite that has the idea that these companies are not interested because they have to follow regulatory regimes or look at what the environmental implications are. Very few companies would take that approach, and I am so proud that in this country there are companies investing heavily in resource development that really care about the footprint they leave behind for the environment and the people who live there. Those are the companies that are successful and that Canadians hold up as examples of how resource development partnerships work with communities and indigenous people in Canada. We should be very proud of that. We should not be trying to change how we do that through legislation and impose regulations on people because we think they should do it this way or that way.

People should understand that in the previous legislation by the Harper government, Conservatives wanted to get rid of the regulatory boards of the Gwich'in, the Sahtu and the other groups in the Northwest Territories. They wanted one megaboard to deal with all these issues. They even hired a consultant by the name of McCrank. When Mr. McCrank testified at committee, I sat in that day. One of the questions asked of him was where he came up with the idea that we should get rid of the regulatory boards in the Northwest Territories, that indigenous groups should no longer have control over what is happening on their own lands, their own regulatory boards or negotiating their own deals, and that we would infringe upon them and implement a super regulatory board in the Northwest Territories for the Mackenzie Valley.

When he was asked where that idea came from, he did not know. He did not know where that idea came from or who suggested it to him, but he wrote it in a report as a strong recommendation, and the Harper government at the time said it would run with it, yet everyone in the Northwest Territories, including the three aboriginal groups and the territorial government, knew this was not the right approach and wanted to stop it. This is what is happening today.

We are restoring confidence to the people in the Northwest Territories. Under this act, we would also make changes to the petroleum regulatory board. A moratorium would be implemented that would allow the reissuing of licences for oil and gas development in the Northwest Territories. This moratorium would be revisited every five years. As we know, there were no new applications for licences, no investment was being made. There was no projection for oil and gas, and there was no body to manage oil and gas development in the Northwest Territories to ensure there would be benefits to that region.

It is not like Atlantic Canada, which has oil and gas agreements that pay royalties to the provinces. There are agreements in Nova Scotia, Newfoundland and Quebec. When the Northwest Territories asked the former government for that agreement, the answer was no. It did not want to pay royalties to the indigenous groups or the territorial government on oil and gas. We are working with them to get it right, and that is why this bill is important today.

Mackenzie Valley Resource Management ActGovernment Orders

June 13th, 2019 / 1:40 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, what is sad is that the term “reconciliation” has become a buzzword under the government. I take this to heart.

Many members know I have stood in the House, time and again, and have said that my wife and children are first nations. It is troubling for me when some members stand in the House, put their hands on their hearts and say that it is in the best interests of reconciliation, not just with respect to Bill C-88 but also Bills C-69, C-48, C-68 as well as the surf clam scam that took place earlier in this session.

The only part I will agree with in the hon. parliamentary secretary's intervention was when at she said there was enough blame to go around. Nobody should be pointing fingers, saying one group is better than another group. Reconciliation is about creating a path forward. It is not about pitting a first nation against a first nation or a first nation against a non-first nation. It is about how we walk together moving forward.

What I am about to say is not related to all members on both sides of the House. Some members truly understand this. However, time and again some Liberals will stand in the House and say that they support reconciliation or that this is all about reconciliation. Then a heavy-handed policy comes down or words are said, which we call “bozo eruptions”, and there is regret afterward.

I will go back to how we started the spring session. The first female indigenous Attorney General in our country spoke truth to power, and we saw what happened to her.

Bill C-88 is interesting, because it looks to reverse the incredible work our previous government did in putting together Bill C-15.

I will read a quote from our hon. colleague across the way when she voted for Bill C-15. She stated:

As Liberals, we want to see the Northwest Territories have the kind of independence it has sought. We want it to have the ability to make decisions regarding the environment, resource development, business management, growth, and opportunity, which arise within their own lands.

The parliamentary secretary has offered a lot of excuses today as to why she voted for it, such as she was tricked or voted for it for a specific reason. It is easy for members to stand after the fact and say, “I could have, would have, should have” or “This is the reason; my arm was twisted.” However, if we do not stand for something, we will fall for anything. That is what we have seen with the government taking up the eco-warrior agenda to pay back for the 2015 election. That is why we have Bills C-68, C-69, C-48 and C-88.

The parliamentary secretary wants to talk about how Bill C-88 would empower our first nations. Let me offer the House a few quotes.

Mr. Merven Gruben, the mayor of the Hamlet of Tuktoyaktuk, stated:

Tuk has long been an oil and gas town. Since the first oil boom, or the whalers hunting whales in the late 1800 and early 1900s, we have grown up side by side with industry. We have not had any bad environmental effects from the oil and gas work in our region, and we have benefited from the jobs, training and business opportunities that have been available when the industry has worked in Tuk and throughout the north, the entire region.

Never in 100-plus years has the economy of our region, and the whole north, looked so bleak for the oil and gas industry, and for economic development, generally. All the tree huggers and green people are happy, but come and take a look. Come and see what you're doing to our people. The government has turned our region into a social assistance state. We are Inuvialuit who are proud people and who like to work and look after ourselves, not depend on welfare.

I thank God we worked very closely with the Harper government and had the all-weather highway built into Tuk. It opened in November 2017, if some of you haven't heard, and now we are learning to work with tourism. We all know that's not the money and work that we were used to in the oil and gas days that we liked.

He further states:

Nobody's going to be going up and doing any exploration or work up there.

We were really looking forward to this. There was a $1.2-billion deal here that Imperial Oil and BP did not that far out of Tuk, and we were looking forward to them exploring that and possibly drilling, because we have the all-weather highway there. What better place to be located?

The Hon. Bob McLeod, the premier from the Northwest Territories, said that the moratorium was “result of eco-colonialism”.

I speak of the moratorium. The Liberals want to talk about all the work they are doing in standing up for the north and the indigenous peoples in the north. It was just before Christmas when Prime Minister travelled to Washington, D.C. to make the announcement with the then United State President, Barack Obama. There had been zero consultation with northerners, despite consistent rhetoric about consulting with Canada's indigenous peoples. Prior to decision making, the resolution was made unilaterally from the Prime Minister's Office.

The indigenous peoples and the people from the Northwest Territories had about an hour's notice with that. Wally Schumann, the Ministry of Industry, Tourism and Investment, Minister of Infrastructure for the Northwest Territories, stated:

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

Merven Gruben said:

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

Our hon. colleague, the parliamentary secretary, in response and to pre-empt my speech, called us the government on the other side. We are the government in waiting. We will be government in October. She said that the guys across the way would criticize the Liberals for caring too much about the environment. That is incorrect. We criticize them because they put the priorities of the environmental groups like Tides, World Wildlife Fund and like Greenpeace ahead of the local stakeholder, the indigenous peoples who are saying that they are tired of being poster boys for these eco-groups.

If my colleagues do not believe me, I will read some quotes.

Calvin Helin, chair of Eagle Spirit Chiefs Council, said “What the chiefs are starting to see a lot now is that there is a lot of underhanded tactics and where certain people are paid in communities and they are used as spokespersons.” He also said, “Essentially (they are) puppets and props for environmental groups to kill resource development” and “It’s outrageous and people should be upset about that…the chiefs are....”

Also, Stephen Buffalo, president and CO of the Indian Resource Council said, “Since his government was elected in 2015, Prime Minister Justin Trudeau has repeatedly—

Mackenzie Valley Resource Management ActGovernment Orders

June 13th, 2019 / 1:55 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, I am merely reading a quote from a concerned indigenous leader, who the Liberals say stand up for. Clearly they do not, which is probably why they take offence.

Stephen Buffalo, president and CEO of the Indian Resource Council, said:

Since his government was elected in 2015, [the] Prime Minister...has repeatedly spoken about his personal commitment to a new relationship with Indigenous people in Canada. In action, however, he has clearly privileged those Indigenous peoples, our friends and relatives, whose perspective aligns with the more radical environmental movement.

Stephen Buffalo also said:

When pipeline opponents use the courts to slow or stop pipelines, they undermine our businesses, eliminate jobs in our communities and reduce the amount of money flowing to our governments.

Why do I bring that up? Over the last four years, time and again the Liberals have stood and have said that only they no better. They point fingers and say that a certain government did this or that and that they know the NDP will not do this. The Liberals had four years, and Canadians are now learning that it was all just talk; all show, no go.

Bill C-88 is nothing more than an all talk, all show and no go type of bill. It is shameful to have bills such as Bill C-69, Bill C-48 and Bill C-88.

Bill C-88 would give the minister the authority to shut down the north and essentially turn it into a park, taking away any economic opportunity for indigenous peoples and those who live there. That is the worry.

Members can sit here and listen to all the talking points of the Liberals, but the reality is that they are being disingenuous. They will stand here, as I said earlier, with their hands on their hearts and say that it is all about reconciliation. We know that it is the opposite because they have proven it time and again.

In the 2015 election, on day 10, the member for Papineau, who is now the Prime Minister, told Canadians that he would not resort to such parliamentary tricks as omnibus bills. He told Canadians that he would balance the budget by 2019. He also told Canadians that he would let the debate reign. What did he mean? It means that he would not invoke closure or time allocation on bills.

I remind those in the House, in the gallery as well as those listening that this is your House. You have elected the 338 members of Parliament to be your voice. When the government invokes closure, it silences your voice. It is silencing the electors who elected the opposition.

Business of the HouseOral Questions

June 13th, 2019 / 3:15 p.m.
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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

Mr. Speaker, I appreciate and acknowledge the opposition House leader's new-found respect and regard for the environment. It probably means the Conservatives will be coming out with a plan soon. We have been waiting for it for well over a year now.

In answer to her question, this afternoon we will begin debate on the Senate amendments to Bill C-58, an act to amend the Access to Information Act. This evening we will resume debate on the Senate amendments to Bill C-69, the environmental assessment legislation. We will then return to Bill C-88, the Mackenzie Valley bill.

Tomorrow we will resume debate on the Senate amendments to Bill C-68, an act to amend the Fisheries Act. We expect to receive some bills from the Senate, so if we have time, I would like one of those debates to start.

Next week, priority will be given to bills coming back to us from the Senate, or we may have an opportunity to continue to debate the motion referred to by the House Leader of the Official Opposition.

Personally, I am reassured to hear that the Conservatives want to talk about the environment. Perhaps they will also share their plan with Canadians.

Bill C-88—Time Allocation MotionMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 8:55 p.m.
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Conservative

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.

Bill C-88—Time Allocation MotionMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 9 p.m.
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NDP

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?

Bill C-88—Time Allocation MotionMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 9:15 p.m.
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Green

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.

Bill C-88—Time Allocation MotionMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 9:25 p.m.
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Liberal

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.

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 10:05 p.m.
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Liberal

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.

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

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

Michael McLeod Liberal Northwest Territories, NT

Mr. Speaker, I would like to correct the hon. member. There are not only two parts to this piece of legislation. There are actually three. The first part is referring to the superboard. The second part contains the eight regulatory items that were brought forward by the previous Conservative government that I think everybody agreed to and were focused on. When the bill came forward it had the superboard attachment. In Bill C-88, we have a further piece which is the Canadian Petroleum Resources Act. I believe that is the part the member is referring to.

We heard loud and clear from the Premier of the Northwest Territories when he appeared as a witness in front of the indigenous affairs committee. The member was chairing the meeting so she was there when he said he appreciated how well the negotiations were going. There are negotiations that are happening with the Inuvialuit Regional Corporation and the Government of the Northwest Territories and the federal government that will bring oversight and co-management abilities on the Beaufort Sea. This is a piece that was ignored by the previous Conservative government. The Conservative government would not put the Beaufort Sea discussions on the table.

I find it very surprising when members are concerned about how we react to the discussions on the Beaufort Sea when the previous Conservative government would not include it. Neither would it include the Norman Wells oil fields, two cash cows that generate revenue. They were left out. They were not part of the deal. The Conservative government would not let them put these items on the table, but our government has.

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 10:15 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I thank my colleague for his speech.

He probably already knows that the NDP will be supporting Bill C-88, which fixes some of the mistakes made by the previous government.

We agree on the broad principles and the fact that the people of the Northwest Territories should have the right to manage their own affairs and govern themselves when it comes to assessments and respect for the environment.

I do, however, have one simple question. My colleague, and all other members of the Liberal government, voted to support the bill that states that we must respect and include the United Nations Declaration on the Rights of Indigenous Peoples in every piece of Canadian legislation. Unfortunately, it has not been included in Bill C-88. I would like to know why.

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 10:15 p.m.
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Liberal

Michael McLeod Liberal Northwest Territories, NT

Mr. Speaker, it took many years to get to the point where the management and decision-making around resource development in the Northwest Territories could be agreed to in the form of the Mackenzie Valley Resource Management Act. The government of the day agreed to it, signed on to it, only to renege a couple of years later, saying it was going to make changes, while not consulting with anybody. A consultant was brought in from Alberta, a consultant who specialized in oil and gas and knew nothing about land claims or self-government or any kind of legislation in that area.

I think it shattered the trust of all the indigenous people who were involved with the Mackenzie Valley resource management boards and also the people who were involved in the creation of the Mackenzie Valley Resource Management Act. It has taken a long time. People wonder why it has taken so long to bring Bill C-88 back to the table. We had to deal with the trust factor. We had to convince indigenous people that we were serious and that we were not going to do what the previous government did, and that we were going to sort out all the issues before we got here.

Now, every indigenous government that has a role in the Mackenzie Valley boards supports this legislation. They have taken out ads in newspapers stating that they support it. The Government of Northwest Territories supports it. Industry supports it. It provides reassurance that they know the process and everybody is comfortable with it.