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.

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Thank you for that.

Mr. Gruben, could you expand on your thoughts around the duty to consult? I know that's one of your major issues here with the moratorium specifically, but also perhaps this bill. As far as I know, there are no specifics around putting the duty to consult in this bill. I assume that it's all coming from the Constitution, instead of being put right into Bill C-88.

Do you have any comments on what you feel about that? Should the duty to consult and the ability for indigenous peoples and northern communities to interact with the government on that level be in this bill?

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Thank you.

Grand Chief Norwegian, I'd like to ask you a few questions about the Dehcho. Perhaps you could expand on how the Dehcho were consulted about Bill C-88, this piece of legislation, and whether it was adequate.

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Herschel is almost.... You're in the sea, anyway

There was oil and gas work being done in those days. I wanted to start by asking Mr. Wright a question about the first part of Bill C-88 that you're willing to talk about today. I think you expressed some concern. Because this bill was being rushed through at the end of Parliament there were some concerns about whether it would make it through to royal assent before Parliament rises. I'm wondering if you could expand on that, the “what if” question.

What if this bill doesn't pass? How would that affect the Gwich'in?

[David V. Wright]

I'm just not prepared to share a comment today on part 2 of Bill C-88.

[David V. Wright]

As the previous member pointed out, the MVRMA applies in the Gwich'in settlement area but not in the Inuvialuit settlement region, so our comments, and indeed the consultation on Bill C-88 with GTC, have been focused almost entirely on part 1.

[Merven Gruben, Mayor, Hamlet of Tuktoyaktuk]

Good morning to you, and good morning to our people in the western Arctic.

Thank you for giving me the opportunity to speak on Bill C-88. At first, I did not support this bill, but after some discussions with my NWT colleagues, in particular our good friend Premier Bob McLeod, I do support it but with a strong statement that, moving ahead, full discussion and consultation is taken with our people of the north regarding future decisions and legislation that affects us. For example, early in the current government, Prime Minister Trudeau put in place, without consultation with us, a crippling offshore moratorium that was imposed on us without one word beforehand.

Furthermore, we should be getting the shares or royalties from any developments going forward, similar to the provinces.

We may also be faced with the effects of the currently planned Bill C-69, which may make it harder and harder to develop and bring about economic development throughout our region, and throughout Canada.

To shed some light on why I wanted to be here to speak in person, it's always better to see who you're talking to. Having said that, it's always better to see what you're talking about, so I really invite each and every one of you to come up and take a look at what's going on. Take a look at what your decisions are doing up in the north, in our region. Come and take a look and live in our shoes for a while and see if you can live like that.

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.

I see the industry coming back. I support this to hopefully make things smoother for us a little further down the road when it does, as long as Bill C-69 doesn't throw a monkey wrench into things, as it looks like it will.

If you want to discuss Bill C-69, I could come back and give you a longer discussion, but as it is, thank you for your time.

[Grand Chief Gladys Norwegian, Dehcho First Nations]

Thank you very much, and good morning to everyone. I'm very happy to get some time to present this statement. I'll get right into it, since time is of the essence.

Just to give you a little bit of background, I am Grand Chief Gladys Norwegian, elected to represent the Dehcho First Nations. We are a regional body representing eight member first nations and two Métis locales in the Dehcho region of the Northwest Territories.

The Dehcho First Nations communities are connected through language, cultural beliefs, practices, genealogy and principles. We are part of the Dene nation and have lived on our homeland and according to our own laws and system of government since time immemorial.

Our homeland comprises the ancestral territories and waters of the Dehcho Dene. We were put here by the Creator as keepers of and guardians over our waters and land. We therefore share responsibility in managing the land.

We understand that the committee is here today to consider Bill C-88, which, among other things, incorporates the proposed amendments to the Mackenzie Valley Resource Management Act. I'm here to share our thoughts on those amendments. These amendments would have significant impact upon the way our land, resources and rights are impacted by development occurring within the territories of our member first nations. We appreciate the opportunity to share our view.

I would like to start by saying that on a general level Dehcho First Nations has not been a party to the Mackenzie Valley management regime. We're still negotiating with Canada on land and resource issues in our region; however, in the meantime we are made subject to the MVRMA and accordingly must deal with what is now before us.

With those points noted, I would like to say that we believe the proposed amendments are positive and are a move in the right direction. They will, if they come into force, allow for better environmental review and protection measures for the developments that are occurring within the Dehcho region.

Most notably, they will reverse the unacceptable amendments of 2014 that would have eliminated the regional co-management boards. These boards were negotiated as part of the modern treaties, but the previous government attempted to replace them with a single super-board. Those amendments are now subject to a successful injunction brought by our neighbour, the Tlicho Government, who are a party to the modern treaty and who are supposed to be a partner in the MVRMA process. We agree that the super-board should never have been put into the law and that those provisions must be reversed.

The amendments before you in Bill C-88 now make it clear that the members of the board appointed to a hearing panel will include indigenous government appointees equal in number to other appointees named by public governments. In making this provision, the proposed amendments will help to restore balance to the way the MVRMA operates and will ensure that the voice of indigenous board members will be heard. This point cannot be overstated.

Responsible management of our land and resources is a sacred duty for our people. We are prepared in the context of our treaty relationship to work with other governments, but we will never again be silenced and sidelined.

The new amendment also creates a cost-recovery scheme against proponents and an administration enforcement scheme for development certificates that is backed by fines and other penalties. From DFN's perspective, first, this will prevent hesitant or less serious proponents who lack a solid business case from moving ahead with regulatory applications. Second, this will make sure the regime is enforced and that developments move forward in accordance with specific terms and conditions. Terms and conditions of DFN and others have the opportunity to influence, under the amendments. The amendments enable intervenors before the board, such as DFN, and to seek changes to develop certificates to impose conditions on an already-approved project.

Notwithstanding the positive aspects of the bill, in the remaining time that I have here today, DFN would like us to put forward a few recommendations on the following topics.

I didn't start timing myself, so I just wonder how much time I have.

[David V. Wright, Legal Counsel, Gwich'in Tribal Council]

Good morning, distinguished members of the committee.

My name is David Wright and I am presenting this morning on behalf of the Gwich'in Tribal Council.

Grand Chief Bobbie Jo Greenland-Morgan sends her regrets but sincerely thanks you for the invitation and welcomes this opportunity to provide input on Bill C-88. I should add that I also regret being unable to attend in person. If there are any technical difficulties during my submission, feel free to stop me while we sort those out.

By way of background, I was formerly in-house legal counsel with the Gwich'in Tribal Council and am currently assisting on this particular matter. I intend to be very brief with my remarks, recognizing the time constraints, but I welcome any questions you may have as we proceed.

I'll begin with a few short contextual, informational points about the Gwich'in before moving on to three succinct points about Bill C-88.

As many of you would know, the Gwich'in are North America's northernmost first nations people. Since time immemorial, the Gwich'in have occupied traditional territories across what is today Yukon, Northwest Territories and Alaska. In 1921, the chiefs and headmen of Gwich'in, Fort McPherson and Tsiigehtchic—what was formerly known as Arctic Red River—signed Treaty 11 with representatives of the Crown. In 1992, the Gwich'in signed the Gwich'in Comprehensive Land Claim Agreement with Canada and the Government of Northwest Territories.

The Gwich'in Tribal Council, which I'll refer to today as the GTC, was established in 1992 to represent the Gwich'in in regard to implementation of the land claim agreement and protection of Gwich'in rights and interests in the Mackenzie Delta region and beyond. Since signing the land claim agreement, the GTC and the four community-level land claim organizations—typically referred to as designated Gwich'in organizations or DGOs—have been working extremely hard to implement the land claim.

Similar to the Tlicho and the Sahtu, the Gwich'in have a treaty right to co-management. This includes requirements in chapter 24 of the land claim that establish the Gwich'in Land and Water Board.

With respect to Bill C-88 specifically, the GTC is present today to voice its support for swift passage of this bill. I'll make three specific points, all in relation to part 1 of the bill, which is the part dealing with the Mackenzie Valley Resource Management Act.

The first point is that passage of Bill C-88 in a timely manner has great importance in terms of Crown-indigenous relations and reconciliation. Your review of Bill C-88 is taking place within this broader context of implementation of land claim agreements.

Your review of Bill C-88 and its implementation context is part of what has not been a smooth or straightforward journey for any of the treaty parties. Canada has lost the trust of indigenous groups at many turns. There are, of course, numerous examples of this, unfortunately, but certainly a clear case in point is the problematic changes that Bill C-15 attempted to bring in. I am speaking, of course, about the creation of the super-board and the associated elimination of the land and water boards of the Gwich'in, Tlicho and Sahtu.

As you know, the current government committed to eliminating these problematic Bill C-15 changes. This is an extremely important commitment made by Canada to the indigenous communities of the Northwest Territories. It represents an important step towards restoring trust. Indeed, the consultation process on Bill C-88 has actually helped restore some of the trust between Canada and the GTC. That trust would be eroded by any further delay, or at worst, failure to pass this bill in a timely manner.

As an aside, a significant amount of consultation on this bill has already taken place, as I am sure representatives from Canada will tell you this morning. Away from that government-to-government negotiation, the GTC and the board of directors of the GTC have been working hard to review and deliberate on the changes proposed in this bill.

The second point is that while the GTC will leave it to the Tlicho this afternoon to discuss the litigation and the court injunction barring implementation of the super-board, the GTC reiterates that it was very pleased with the result obtained by the Tlicho in court. The GTC sees passage of Bill C-88 as a critical next step.

If Bill C-88 is not passed, not only will Canada not have fulfilled its commitment to Northwest Territories indigenous communities, but these communities will be forced back into time-consuming, expensive, acrimonious litigation, all adversely affecting that treaty relationship and the broader reconciliation project. Further, this would generate regulatory uncertainty that benefits no one, as the architecture for project reviews in the Mackenzie Valley would then remain fluid.

Bill C-88 is a step toward certainty in the Mackenzie Valley, and that is a step that should be taken at this time in the view of the GTC.

Third, and finally, for members of the committee interested in reforms that are not included in Bill C-88 in its present form, the GTC would respectfully submit that now is not the time to pursue such changes. Rather, now is the time to pass the important changes in Bill C-88, particularly part 1, so that the Northwest Territories modern treaty partners can move forward beyond the threat of the super-board and the toxicity of litigation.

However, members of the committee will, no doubt, be heartened to recall that an opportunity for further review of the Mackenzie Valley Resource Management Act is in the offing. As I believe you've heard from members of this committee, and other witnesses, further review of the MVRMA is coming as part of the five-year post-devolution review of the legislation, and a previously announced broader review of the legislation.

For example, if members are interested in including explicit reference to the United Nations Declaration on the Rights of Indigenous Peoples, that could be part of this forthcoming review. Similarly, the review will likely take place at a time when there's finally certainty with respect to changes that may come through the proposed impact assessment act, for the regime in southern Canada. For example, changes with respect to timelines, factors to consider in an assessment and decision-making parameters could all be part of that later review.

As such, it will make sense to revisit the MVRMA at a later time, to ensure, perhaps, proper alignment between northern and southern project assessment regimes.

All this is to say that there is this release valve, or parking lot, if you will, that exists right now for ideas that go beyond the current version of Bill C-88. Discussion about potential inclusion of those ideas in the bill is, respectfully, inappropriate at this time and would be better directed towards this future process, which we expect will be a process in which indigenous communities will fully collaborate.

Those are the prepared submissions of the GTC today, but I'm more than happy to discuss any of this during the question and answer period. I would note that if any questions are particularly technical or political in nature, I may refrain from answering, but will respond at a later time, after we are able to discuss with the GTC leadership and technical staff.

Thank you. Mahsi cho.

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Thank you, Madam Chair, and thank you, Minister and departmental officials.

Minister, one of the primary tasks of this bill, as you talked about, is to reverse changes made by the former Conservative government with the Northwest Territories Devolution Act back in 2014. As you mentioned, this included consolidating the four land and water boards in the Mackenzie Valley into one. The Liberal Party at that time supported it, including the current Prime Minister, and even your parliamentary secretary, MP Jones, who is with us here this morning.

I'm going to quote what she said at the time:

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.

That is from 2014.

These comments actually stand in direct contradiction to Bill C-88, which extends powers to the cabinet to put moratoriums on energy development and to include the national interest, which, to be honest with you, has never really been clearly defined.

I will note that the Prime Minister of the day, when he did the moratorium, wasn't even in this country. He was in Washington, D.C., at the time he talked about the moratorium up north, and the elected northern officials at the time had less than half an hour to scramble to come up with the decision of the day.

I'm also going to talk, if you don't mind, about last night in the Senate, because it has major ramifications for northern Canada and moratoriums on northern development, allowing the north to make its own environmental and economic decisions. We have seen repeated paternalism coming from this government when it comes to energy development, not only in relation to northerners but as we saw last night first nations as well.

We saw it with Bill C-48 in the Senate last night: the B.C. oil tanker ban. As you know, Calvin Helin is the CEO of Eagle Spirit Energy Holdings, which is an indigenous-led group. He has been deeply critical of these types of moratoriums being directed by your government in Ottawa. He said, in response to these bans, “Is this what reconciliation is supposed to represent in Canada?”

That statement last night by Calvin speaks volumes, and we saw it last night in the Senate as they voted against Bill C-48. We'll see what happens when it comes back to the House.

We talk of an “Ottawa-down” approach. Can we let the north make the environmental and economic decisions instead of “Ottawa knows best”?

[Yves Robillard, Liberal, Marc-Aurèle-Fortin, QC]

Bill C-88 contains other regulatory improvements that were originally part of Bill C-15. These improvements never came into force, due to a court injunction. I gather that, as you mentioned in your speech, these improvements are broadly supported by Northwest Territories residents, and the former government was right about those provisions.

Could you summarize what the other regulatory amendments do to improve the regulatory system in the Northwest Territories?

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

Thank you, Madam Chair, for this opportunity to participate in your committee's review of Bill C-88 as we gather once again on traditional unceded Algonquin territory.

I am also appearing before this committee on behalf of my honourable colleague, Minister LeBlanc.

I know that—on behalf of all on the committee—our thoughts and wishes are with him. We all want him to have a speedy recovery, but we also want him to take the time to be well and to be back advocating for northerners and northern issues, and doing his important work with the provinces and territories.

As you all know, Bill C-88 proposes to amend both the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act.

In terms of the MVRMA, the bill is focused on repealing the previous government's decision, through Bill C-15, to arbitrarily merge four land and water boards in the Mackenzie Valley into one super-board. This decision violated constitutionally protected indigenous land claim and self-government agreements, and it ended up in court.

The bill also seeks to reintroduce a number of positive changes introduced by the previous government through Bill C-15 that have not been implemented because of the court-imposed injunction that focused on stopping the imposition of the super-board.

The Mackenzie Valley Resource Management Act includes four land and water boards in the Mackenzie Valley, which are central to comprehensive land claims and self-government agreements of several local indigenous governments and organizations.

This creates an integrated co-management regime for lands and waters in the Mackenzie Valley, and it provides legal certainty for our resource development investors in the area.

Bill C-15 was passed by the previous government in 2014.

Among other changes, it merged the Mackenzie Valley land and water boards into one entity.

The legislation was immediately challenged in court. It was alleged that it violated indigenous land claim and self-government agreements.

In early 2015, the Supreme Court of the Northwest Territories granted an injunction that suspended the proposed board restructuring, along with other positive regulatory amendments included in Bill C-15. Rather than improve the regulatory process for the Mackenzie Valley and enhance legal certainty for proponents and investors, the previous government's approach landed these MVRMA regulatory reforms in Bill C-15 in court.

As we've said at this committee before, our government believes that a sustainably developed resource sector is essential to the success of the Canadian economy and, if we get it right, will serve as an important foundation for future economic and job growth. Unlocking this economic potential must be contingent on environmental sustainability and on impacted indigenous communities being engaged as equal partners.

The current situation is untenable as it creates legal uncertainty, and the positive regulatory changes are now tied up in the courts.

In November 2015, discussions with indigenous organizations and governments in the Northwest Territories began about the government moving forward with legislative amendments to resolve this matter.

Bill C-88 has been developed through consultation with indigenous governments and organizations, the Government of Northwest Territories, industry and their resource co-management boards.

The bill will resolve the litigation regarding the restructuring of the boards and reintroduce the positive policy elements of C-15 currently prevented from coming into force by the injunction. It will re-establish trust with indigenous partners in the Northwest Territories, respect their constitutionally protected land claim and self-government agreements, and restore legal certainty for responsible resource development.

I think Northwest Territories Premier McLeod and Grand Chief George Mackenzie summed it up very well in a joint letter they sent on April 24, 2019, when they wrote, “We are hopeful that Bill C-88 will proceed expeditiously through the legislative process and will receive Royal Assent in this Parliament. The negative implications of the status quo are significant.”

Madam Chair, we have copies of that letter for the members.

In terms of CPRA, Bill C-88 proposes to provide new criteria for the Governor in Council to prohibit existing exploration licence holders and significant discovery licence holders from carrying on any oil and gas activities, in the case of the national interest.

It would also freeze the terms of the existing licences in the Arctic offshore for the duration of any such prohibition.

The “national interest” refers to a country's national goals and ambitions, whether economic, military or cultural, and is not a new legislative concept. There are numerous references to the national interest in Canadian legislation and specifically in northern legislation.

For example, the term appears in section 51 of the Yukon Act and section 57 of the Northwest Territories Act. In both acts, the Governor in Council may prohibit any use of waters or the deposit of waste in cases in which the Governor in Council considers the use of waters or the deposit of waste to be incompatible with the national interest.

The decision to move forward with a moratorium on new Arctic offshore oil and gas licences in federal waters was a risk-based decision in light of the potential devastating effects of a spill and limited current science about drilling in that area. It is important to remember that at that time there was no active drilling occurring in the Beaufort Sea and no realistic plans to initiate drilling in the short or medium term.

The moratorium was announced in conjunction with a five-year science-based review, as well as a consultation on the details of that review.

Territories and indigenous and northern communities are partners in the science-based review process, and others, including industry, are being actively consulted. The outcome of the review process will inform next steps in the Arctic offshore. Freezing the terms of the impacted existing licences in the Arctic offshore was a key priority expressed by the industry in our discussions regarding the implementation of the moratorium.

The proposed amendments to both the MVRMA and the CPRA are essential to ensuring a responsible, sustainable and fair resource development regime in the Northwest Territories and the Arctic.

I urge you to pass Bill C-88 and look forward to your questions.

Mackenzie Valley Resource Management Act

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

Madam Speaker, I am pleased to have an opportunity to speak to Bill C-88. Despite the use of time allocation, I appreciate that the Leader of the Government in the House of Commons earlier today said she would make efforts to give me a chance to speak and has done so. Even with abbreviated debate, I am therefore able to speak to this legislation.

I am also able to speak to what happened to this legislation when the Northwest Territories Devolution Act was brought forward in the 41st Parliament in 2014. It was something everyone wanted to support, but there were many measures with that act that were offensive to the foundational principles of self-government and respect for treaties.

In fact, the Mackenzie Valley Land and Water Board, the Gwich'in Land and Water Board, the Sahtu Land and Water Board and the Wek’eezhii Tlicho Land and Water Board, all of which were the result of treaty negotiations between the Crown and those nations, were callously, carelessly, disrespectfully and completely violated with the notion that we could replace them with something described as more efficient.

I protested those changes at the time, as did the previous NDP member of Parliament for the Northwest Territories, Dennis Bevington. We tried quite hard to persuade the 41st Parliament that it was wrong to change the law in this way.

Subsequent to the changes being made, a number of the boards that were impacted went to court to challenge what had just happened. The notion of a superboard was deeply offensive to the principle that had been there, which was that the land and water boards represented fifty-fifty decision-making between first nations and the federal government. It would have reduced the self-government that the Northwest Territories Devolution Act was supposed to respect. It would have taken away rights and reduced the scope of review by those various boards.

Earlier today in debate I heard a Conservative member say that Bill C-88 was another effort by the Liberal government to interfere with development, to thwart development and to drive investment away from Canada.

I am saddened by that kind of commentary. I agree with a number of criticisms of the Liberal government. There are a lot of measures being taken that I find far short of what is required, particularly when looking at the climate crisis, and far short of what is required when looking at the need for thorough environmental assessment. There was a commitment in the election to undo the damage that had been done by the Harper administration in a number of areas, and so far the Liberal government has done really well in some areas and less well in others.

It did extremely well in undoing discriminatory legislation towards trade unions, and that was done relatively quickly by the former member of cabinet responsible for labour issues.

The Liberal government did an extremely good job on a piece of legislation that is still before the Senate, Bill C-68, to repair the Fisheries Act. Bill C-68 not only repairs the damage that was done by the previous prime minister and his government and not only brings back protections for fish habitat. It also expands and improves other protections for habitat. It is an extremely important piece of legislation and I hope it passes quickly.

It is also complementary to a piece of legislation that I hope will be passed here. Earlier today in the House, the hon. member for Avalon, the chair of the fisheries committee, presented the report, and Bill S-203 is now back before the House. I hope we move to report stage and third reading expeditiously.

Bill C-68, which I am referencing, is also complementary in saying that we are now going to ban the taking of cetaceans into captivity in Canadian waters.

Again, all of these bills speak to undoing the damage done by the previous government, but Bill C-68 goes beyond that with more progressive measures.

Unfortunately, Bill C-69 is also before the Senate. I hope it will be amended and sent back here quickly. The Minister of Transport did an excellent job of repairing the former Navigable Waters Protection Act. There are some innovative changes to energy regulations. Unfortunately, the middle piece of legislation in that omnibus bill, the one on environmental review, does not undo the damage of the previous government, but rather keeps it in place.

However, this legislation is excellent in that it would actually undo the damage the previous government had done. It would set back in place the integrity of self-government, of decisions for land and water boards that reflect the negotiations under self-government agreements and treaties. Now that we are debating this bill at second reading, I would certainly like to see this bill in committee so that it could receive one or two additional amendments.

As was mentioned on the floor of the House earlier today when we started second reading debate of Bill C-88, given the content, the context and the need to take a step further and be more progressive than merely repairing, we should say that this bill operates under the United Nations Declaration on the Rights of Indigenous Peoples. That would be a very welcome amendment and, assuming this bill gets to committee and we are in a position to put forward amendments during clause-by-clause consideration, it is one that the committee can expect to hear from the Green Party.

I certainly support this bill, including the provisions to allow moratoria on drilling to affect such decisions based on evidence. I do hope the bill passes. I would like to see it pass with an amendment to ensure that it operates under the terms of the United Nations Declaration on the Rights of Indigenous Peoples.

[William Amos, Liberal, Pontiac, QC]

Madam Speaker, I am very pleased to rise today in support of a bill that would make a positive difference in the relationship between indigenous peoples and the Crown. In starting my speech, I acknowledge that I stand here on traditional unceded Algonquin territory.

Today we are holding a second reading debate on Bill C-88, an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act. I will use the time allotted to me to speak about the amendments to both of these and to speak a bit about the issue of Arctic offshore oil exploration.

First, I want to start with some context around the Mackenzie Valley. To understand the mess that we are fixing right now, one has to rewind the clock, back to the 1970s.

In 1974, the federal government, under the Right Hon. Pierre Elliott Trudeau, appointed Justice Thomas Berger of the Supreme Court of British Columbia to hold hearings into a proposed natural gas pipeline down the Mackenzie Valley.

At that time, the Dene and the Inuvialuit were asserting their claims to these traditional lands. The Berger Inquiry broke with tradition by hearing evidence, offered not merely by the pipeline companies but also by residents in more than 30 small communities in the Northwest Territories.

The Berger Inquiry heard from over 1,000 indigenous people in seven languages and over 500 southern voices were there as well to give their opinions. The process was groundbreaking. The federal government funded research by indigenous, environmental and community groups. Justice Berger enabled media participation that brought Canadians from far and wide, from coast to coast to coast, into the proceeding.

In May 1977, Berger recommended that, for environmental reasons, no pipeline should ever be built along the northern coastal plains. Although Berger concluded that an environmentally sound pipeline could be built through the Mackenzie Valley, he urged a 10-year moratorium on pipeline construction in the region to allow time to settle indigenous land claims. Ottawa, the federal government, endorsed his recommendations.

This concluded in the delaying of any construction on the pipeline in the Mackenzie Valley and was seen as a turning point in indigenous Canadian relations. In amassing over 40,000 pages of documentation, it also provided a unique and comprehensive window into the Dene and Inuvialuit political resurgence of the 1970s. There would be no turning back on consultations with indigenous people after this inquiry; the precedent was set.

Public sympathy and interest in both indigenous and environmental concerns were heightened as a result of the Berger Inquiry. It was a watershed event for reconciliation. It allowed first nations to speak about their history, their issues related to the land, their culture and the impacts that the southern man's projects would have on their communities.

What we have learned from the Berger Inquiry of the 1970s is that when we consult with indigenous people, we take a first step toward our commitment to reconciliation. We learned lessons that ultimately led to regional land claims agreements and the Mackenzie Valley Resource Management Act of 1998.

The 1998 Mackenzie Valley Resource Management Act put in place an integrated system for the co-management of the land and waters in the Mackenzie Valley in the Northwest Territories. This act established two boards with jurisdiction over the entire valley, namely the Mackenzie Valley Land and Water Board and the Mackenzie Valley Environmental Impact Review Board.

Three regional land and water boards were created for the Gwich'in settlement area, the Sahtu settlement area and the Tlicho settlement area, pursuant to the Gwich'in, the Sahtu Dene and Metis and the Tlicho land claim agreements, which conferred on these boards the responsibility for issuing land use permits and water licensing.

Fast forward to 2014, when the Harper administration passed the Northwest Territories Devolution Act, it consolidated four indigenous regulatory boards into one, without their agreement, and in so doing, stifled the voices of indigenous people. It flew in the face of lessons learned through the Berger Inquiry, where we learned of the importance of indigenous people's voices, of incorporating indigenous communities in governance processes.

That is why our government's Bill C-88 is so important. We are fixing the mess of the previous Harper administration.

That is why our government's bill, Bill C-88, is so important. We are fixing the mess of the Harper administration.

The Northwest Territories Devolution Act, the infamous Bill C-15 introduced by the Harper government, transferred land and water management to the Government of the Northwest Territories and amended three existing acts, including the Mackenzie Valley Resource Management Act. It included the restructuring of the land and water boards and the elimination of regional boards.

The Tlicho government was totally against those changes and filed a statement of claim before the Supreme Court of the Northwest Territories, stating that the Harper government had no right to unilaterally abolish the Wek'èezhìi Land and Water Board because such action would go against its land claims agreement and right to self-government. It added that consultation had been inadequate and that the act violated constitutional promises made to that first nation.

The Tlicho government and Sahtu Secretariat Incorporated sought injunctions in July 2014 and February 2015 respectively in order to maintain their respective water boards until the major issues in their statements could be resolved.

I will cite the court decision on the injunction, because it is just so damning and clearly indicates why we had to come and clean up the mess. It says:

The Tlicho government has raised a reasonable possibility that Canada has overstepped the bounds of what it is permitted to do under the Tlicho Agreement. ...there is a reasonable likelihood the Tlicho Government will suffer...irreparable losses...as a result of a breach of a constitutionally protected right. ...irreparable harm could result from the breach of a constitutionally protected right. This is particularly so where the legislation...will have the effect of dismantling and disrupting existing infrastructure which will then have to be rebuilt.

The court granted an injunction suspending the application of subsection 253(2) of the Northwest Territories Devolution Act, which would have brought into effect the provisions related to the restructuring and other regulatory amendments.

In November 2015, the newly appointed Minister of Indigenous and Northern Affairs, the Minister of Crown-Indigenous Relations, began discussions with indigenous organizations and governments in the Northwest Territories in order to make the legislative changes needed to resolve this issue. The amendments to the Mackenzie Valley Resource Management Act are the result of those discussions and discussions with other regional stakeholders.

We have learned from the past that an effective regulatory body and thorough consultation processes are necessary to consider the needs of those directly impacted by these projects. Transparent and thorough consultation also promotes sound decision-making, and it ultimately will help create better projects that will deliver more benefits to regional communities and to the workers.

This is why Bill C-88 seeks to consult with rights holders and northern indigenous governments when it comes to oil and gas projects in the northern offshore, by making consequential amendments to the Canada Petroleum Resources Act, or CPRA.

I will provide some context on the history of Canada's Arctic offshore oil and gas issue. Oil spills in offshore regions across the world have underlined the importance of a precautionary approach when operating in fragile marine ecological environments. The BP blowout in the Gulf of Mexico put Canada on alert, and Arctic offshore as a possibility was, and still is, seen in that light. We are aware of the vulnerabilities of any marine ecosystem to a potential blowout, and this is especially true for the unique and fragile marine ecology of the Beaufort Sea.

Canadians can be proud that our Liberal government collaborated with the Obama administration to establish a moratorium on Arctic offshore drilling and the issuance of more licences on the basis of the precautionary principle and of science and traditional knowledge.

We know that oil and gas exploration has been part of the northwest economy for many years, so much so that it is part of the 1984 Inuvialuit Final Agreement and the 1993 Nunavut Land Claims Agreement. However, at the same time, we know that northerners and southerners, indigenous and non-indigenous peoples, and all Canadians can agree that a catastrophic blowout in the deep water of the Beaufort Sea could cripple the Inuvialuit way of living and their future prospects. This is another reason this bill is important.

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Madam Speaker, I appreciate my colleague's question.

I think that everyone involved should have a say on the future of their territory and on natural resource development. Bill C-88 calls for exactly that; it would let those involved decide.

However, in Bill C-88, some decisions are already made without consultation with these same governments and are inconsistent with what they want. This is what we want to avoid.

The government cannot do things and then say it will consult these governments for everything else. Unfortunately this is what happened with Bill C-88. This is unfortunate and is why we cannot agree with or adopt a bill like this. In retrospect, it is easy to support something when you have not been consulted and then pick up the pieces afterwards.

This is quite unfortunate for elected officials in these territories, which is why we will stand with them on this matter.

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Madam Speaker, it is my turn to rise in the House 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, at second reading. This bill was introduced by the Minister of Intergovernmental and Northern Affairs and Internal Trade on November 8, 2018.

Before I begin, I would like to say that I have never had the opportunity to visit these northern territories, but I have made two trips to Nunavik, in Quebec's far north. Once someone goes to these areas and speaks with the people who live in Canada's far north, they gain a completely different view, a different perspective, of northerners' potential and desire for self-determination, their desire to take charge of their land. During my two visits, I felt that the people in this area truly wanted to look after their own affairs and contribute to Canada's social and economic development in their own way. They want to be a part of this great big country that we share.

The bill consists of two parts. Part 1 amends the Mackenzie Valley Resource Management Act. It repeals the provisions that would consolidate the Mackenzie Valley land and water boards into a single board. Those provisions were introduced by the previous Conservative government in Bill C-15. Part 2 amends the Canada Petroleum Resources Act to allow the Governor in Council to issue orders to prohibit oil and gas activities, freeze the terms of existing licences and prevent them from expiring during a moratorium, if it is in the national interest to do so.

Part 1 undoes what the Conservatives did, and part 2 announces that the Liberal government is going to make things worse. That is what I get from Bill C-88. Overall, what I get from Bill C-88 is that it is a Liberal anti-energy policy that will drive even more energy investments out of Canada. It will cost Canadian workers their jobs, and that certainly will not help improve the quality of life of residents of northern Canada. Bill C-88 reveals a full rejection of calls from elected territorial leaders for increased control of their natural resources.

The previous government believed the north would be a key economic driver for decades to come. Other Arctic nations, such as China and Russia, are exploring similar opportunities. Unfortunately, the Liberal government decided to take a different tack.

I was mayor of Thetford Mines for seven years. My community has grappled with major problems. It was an asbestos mining community where companies dug up white gold, as it was known then, for years. We see asbestos in an entirely different light now. For years, we were exploited by outsiders who came into our community and left nothing but deep scars, from mountains of tailings to infrastructure that still mars the landscape. We wish we had had a say in all of those projects. We wish we could have played a role and worked with the people who operated the mines. We could have influenced how it was done, and we definitely could have told them where to put the massive piles of tailings, how to dispose of it all, and how to improve our people's quality of life.

In some territories, when one is elected to represent a community, the more control that territory has over its own affairs, the more one can contribute, the more decisions are made at the local level, and the more one understands the impact of decisions. Unfortunately, in this case, just before Christmas 2016, the Liberal government cavalierly decided to force the territories to do things its way.

During a trip to Washington, the Prime Minister took the opportunity to announce a moratorium. There was no consultation with people in the north, despite the same old tune from the Liberals that consultation is important. Despite the countless consultations that were held in this case, the Liberal government did not feel obliged to consult the people of the north. The decision was made unilaterally by the Prime Minister's Office. Then we learn that the leaders of these territories were informed just one hour before the government announced important changes that would affect them.

I will quote the leaders of the affected communities. The Premier of the Northwest Territories published a red alert for a national emergency debate on the future of the Northwest Territories. He said that the promises of the north are fading and the dreams of northerners are dying as we watch a resurgence of colonialism. Whether we are talking about ill-conceived ways to fund social programs or new, disconcerting restrictions on their economic development, he says, their spirit and energy are being eroded.

Then, he said that staying in the middle class or trying to join it is becoming a distant dream for many. He says that means that northerners, through their democratically elected government, have to have the power to determine their own destiny and that we can no longer allow the bureaucrats and governments in Ottawa to make the decisions. He says that decisions concerning the north have to be made in the north. He says that unilateral decisions made by the federal government without consultation to impose a moratorium on offshore oil and gas development in the Arctic is just an example of how their economic self-determination is thwarted in Ottawa.

The Premier of the Northwest Territories was rather quick to respond.

In an interview on national television on December 22, 2016, another premier, the Premier of Nunavut, said that they want to get to a point where they can make their own determination of their priorities, and the way to do that, he said, is by gaining meaningful revenue from resource development. Meanwhile, when one potential revenue source is taken off the table, it puts them back at practically square one, where Ottawa will make the decisions for them.

Those statements are rather clear. These are not extremists who wanted to attack the government. They just wanted to be consulted on important decisions related to natural resource development on their lands. It is important to hear those messages and act accordingly. When the government is making these kinds of decisions, it is even more important to avoid concentrating too much power within one office, in other words, the Prime Minister's Office. This helps ensure that decisions are not made for purely political reasons. That is unfortunately what happens when the PMO is given so much decision-making power that a moratorium can be imposed without having to consult.

On October 22, 2018, the mayor of Tuktoyaktuk said the following to the Standing Committee on Indigenous and Northern Affairs:

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

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

We're proud people who like to work for a living. We're not used to getting social assistance and that kind of stuff. Now we're getting tourists coming up, but that's small change...[We don't just want to sell] trinkets and T-shirts and that kind of stuff.

Those messages are clear. I hope that the government will listen to elected officials from these territories and reconsider Bill C-88.