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

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Dominic LeBlanc  Liberal

Status

This bill has received Royal Assent and is now 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, an excellent resource from 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

Motion in relation to Senate amendmentsOil Tanker Moratorium ActGovernment Orders

June 18th, 2019 / 7:15 p.m.
See context

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, I appreciate the opportunity to rise to continue my response to the government's motion on the Senate amendments to Bill C-48.

As I said yesterday, I, along with millions of other Canadians, would rather that Bill C-48 be consigned to the dustbin of bad ideas. I read aloud the letter from six premiers that highlights the damage Bill C-48 and Bill C-69 are doing to our national unity. I left off quoting testimony from indigenous leaders and elected representatives on this and other bills, which underscored the hypocrisy of the government's claim to consult.

I will pick up there, considering the backdrop of Liberal attacks on the Canadian oil and gas industry, and share some of the testimony, much from first nations leaders, that the transport committee heard when we studied this bill. These are not my words. These are not the words of the Leader of the Opposition or any of my colleagues. These are the words of Canadians who, day in and day out, are working hard to provide good jobs and economic growth while maintaining a healthy environment.

Ms. Nancy Bérard-Brown, manager of oil markets and transportation with the Canadian Association of Petroleum Producers, said:

CAPP did not support the proposed moratorium because it is not based on facts or science. There were no science-based gaps identified in safety or environmental protection that might justify a moratorium.

Mr. Chris Bloomer, president and chief executive officer of the Canadian Energy Pipeline Association, said:

The proposed oil tanker moratorium act, Bill C-48, is yet another change that will compound uncertainty and negatively impact investor confidence in Canada....

In conclusion, the consequences of potentially drastic policy changes for future energy projects have instilled uncertainty within the regulatory system, adding additional risks, costs, and delays for a sector that the Prime Minister publicly acknowledged has built Canada's prosperity and directly employs more than 270,000 Canadians.

The approach to policy-making represented by the development of Bill C-48 contributes to this uncertainty and erodes Canada's competitiveness.

Commenting on the practical, or rather impractical, ramifications of this bill, Mr. Peter Xotta, vice-president of planning and operations for the Vancouver Fraser Port Authority, said the following on what this bill could mean for the west coast transportation corridor:

With regard to Bill C-48, the Vancouver Fraser Port Authority assumes that government understands the potential economic impact for such a moratorium, given that there are very few suitable locations, particularly on the west coast, for movement of petroleum products, as was articulated by my associate from Prince Rupert.

Notwithstanding the fact that any future proposals would be subject to government's rigorous environmental and regulatory review process, this moratorium could create pressure on the southwest coast of British Columbia to develop capacity for future energy projects.

As I said earlier, there were many first nations representatives who gave testimony at committee. Ms. Eva Clayton, president of Nisga'a Lisims Government, said:

In the weeks that preceded the introduction of Bill C-48, we urged that the moratorium not be enforced before further consultation took place and that the moratorium should not cover our treaty area.

Much to our surprise, Bill C-48 was introduced before we had been offered an opportunity to review the detailed approach that the government decided to take, nor were we able to comment on the implications of the proposed legislation on the terms and shared objectives of our treaty even though the area subject to the moratorium includes all of Nisga'a Lands, all of the Nass area, and all coastal areas of our treaty....

We aspire to become a prosperous and self-sustaining nation that can provide meaningful economic opportunities for our people. This aspiration is reflected in our treaty, which sets out the parties' shared commitment to reduce the Nisga'a Nation's reliance on federal transfers over time. The Nisga'a Nation takes this goal very seriously. However, it stands to be undermined by Bill C-48.

Mr. Calvin Helin, chairman and president of Eagle Spirit Energy Holding Ltd., stated:

In that context, first nations people, particularly the 30-plus communities that have supported our project, have told us that they do not like outsiders, particularly those they view as trust-fund babies coming into the traditional territories they've governed and looked after for over 10,000 years and dictating government policy in their territory.

Mr. Dale Swampy, coordinator of Aboriginal Equity Partners, stated:

We are here to oppose the tanker ban. We have worked hard and diligently. Our 31 first nation chiefs and Métis leaders invested a lot of time and resources to negotiate with northern gateway with the prospect of being able to benefit from the project, to be able to get our communities out of poverty.

Please listen to how Mr. John Helin, mayor of the Lax Kw'alaams Band, identified those who support the oil tanker ban. He said:

What we're asking is, what is consultation? It has to be meaningful. It can't be a blanket moratorium.

If you look at our traditional territory and the Great Bear Rainforest, that was established without consultation with members from my community. The picture that was taken when they announced that, it was NGOs from America standing there trumpeting that accomplishment. We can't let people from outside our communities, NGOs and well-funded organizations that are against oil and gas or whatever they're against come in and dictate in our territories what we should and should not do.

In contrast to Mr. Helin's comments, Ms. Caitlyn Vernon, campaigns director for the Sierra Club of British Columbia, a witness who supports this bill, actually let the cat out of the bag in response to a question, when she said:

on the south coast, tankers pose a huge risk to the economy, communities, wildlife, the southern residents, and endangered orca whales that live in the Salish Sea.... Absolutely, I would support a full-coast moratorium.

Mr. Ken Veldman, director of public affairs for the Prince Rupert Port Authority put the views of Ms. Vernon, and others like her, including, I would point out, members of this House in the NDP, the Bloc, the Green Party and likely even the Liberal Party, in perspective when he said:

As you may imagine, there are a wide variety of opinions as to what's acceptable risk and what isn't. However, the reality is that risk can be quantified, and if you're looking to achieve zero risk, then you're correct that zero transportation is really the only way to achieve that.

That said, if our appetite for risk is zero, that has very broad ramifications for shipping off the coast in general.

When speaking to our committee this spring, Captain Sean Griffiths, chief executive officer of the Atlantic Pilotage Authority, also reflected on the impact of an oil tanker moratorium on the Atlantic Canadian economy. He stated:

Twelve of our 17 ports in Atlantic Canada ship large volumes of oil and petroleum products in and out of port. I can imagine it's a way of life back in the east, and it has been for quite some time. We move a lot of oil in and out of our ports. Placentia Bay alone, for instance, has 1,000 to 1,100 tanker movements every year on average, so a moratorium would, I'm sure, devastate the region.

Bill C-48, along with Bill C-88, and the no-more pipelines bill, Bill C-69, paint a pattern of a government and a Prime Minister obsessed with politicizing and undermining our energy resources sector at every turn. Whether it be through legislation, the carbon tax, the cancellation of the northern gateway and energy east pipelines or the continued bungling of the Trans Mountain expansion, which we heard today the Liberals have approved yet again, the current Prime Minister has proven, at every turn, that he is an opponent of our natural resources sector. If the government was serious about the environment and the economy going hand in hand, it would implement real changes.

Hypothetically speaking, let us look at some the changes the government might make. It could use scientific independent studies to further strengthen our world-leading tanker safety system by making changes that would not only protect our domestic waters but the waters of any country with which we trade. It could require all large crude oil tankers operating in Canadian waters to have a double hull, since a double hull has two complete watertight layers of surface and is much safer. It could even go a step further and inspect every foreign tanker on its first visit to a Canadian port and annually thereafter, holding those tankers to the same standards as Canadian-flagged vessels.

This hypothetical government could also expand the national aerial surveillance program and extend long-term funding. It could increase surveillance efforts in coastal areas, including in northern British Columbia. It could ensure that the aerial surveillance program was given access to remote sensing equipment capable of identifying potential spills from satellite images.

This theoretical government could give more power to the Canadian Coast Guard to respond to incidents and establish an incident command system. It could amend legislation to provide alternate response measures, such as the use of chemical dispersants and burning spilled oil during emergencies, and could clarify the Canadian Coast Guard's authority to use and authorize these measures when there was likely to be a net environmental benefit.

It could create an independent tanker safety expert panel to receive input from provincial governments, aboriginal groups and marine stakeholders and then implement the changes recommended by this panel. It could focus on preventing spills in the first place and cleaning them up quickly if they did occur, while making sure that polluters pay.

Hypothetically, the government could modernize Canada's marine navigation system and have Canada take a leadership role in implementing e-navigation in our tankers while supporting its implementation worldwide. This is doubly important, since e-navigation reduces the risk of an oil spill by providing accurate real-time information on navigation hazards, weather and ocean conditions to vessel operators and marine authorities, thereby minimizing the potential for incidents.

It could establish new response planning partnerships for regions that have or are expected to have high levels of tanker traffic, such as the southern portion of British Columbia, Saint John and the Bay of Fundy in New Brunswick, Port Hawkesbury in Nova Scotia, and the Gulf of St. Lawrence in Quebec. It could work to develop a close partnership with each of these regions, including with local aboriginal communities, to develop responses to the unique challenges facing their tanker traffic.

This theoretical government could strengthen the polluter pay regime by introducing legislative and regulatory amendments that would remove the ship-source oil pollution fund per incident liability limit and ensure that the full amount was available for any incident. It could ensure that compensation was provided to eligible claimants while recovering these costs from industry through a levy. As well, it could extend compensation so that those who lost earnings due to an oil spill would be compensated even if their property had not been directly affected.

All these changes could be done by a government that actually cared about protecting the environment and continuing to grow the economy. Wait a minute. We are not talking about a hypothetical government. Every single one of the changes I just mentioned was brought in by the previous Conservative government. Unlike the Liberal government, we listened to the experts, which empowered us to make real, practical changes that made a difference.

While Liberals vacillate between paralysis and empty, economically damaging, virtue-signalling legislation, Conservatives look for real solutions. Case in point, the Liberal government is so preoccupied with appearances that it just finished its third round of approving a pipeline supported by over 60% of British Columbia residents.

I read the quote earlier by some who support this legislation. Some would like to see a complete prohibition on oil movement.

This ideological oil tanker moratorium, as I have said, is not based on science. We know that. That is why, frankly, we did not propose any amendments when this bill was before the transport committee. We did not believe that this bill was redeemable, and I still do not. There was a brief moment of hope for me when the Senate committee recommended that the bill not proceed. Sadly, that hope was short-lived.

This brings us to today and the motion that is the basis of our debate. I will take a few minutes to outline my thoughts on the government's response to the Senate's amendments to the Liberals' terrible bill.

Last week, the Senate voted on three amendments to Bill C-48. One, by a Conservative senator, which would have given the Minister of Transport the authority to adjust the northern boundary of the tanker moratorium, would have been an improvement to the bill. Regrettably, it was narrowly defeated.

The amendment in the other place that did pass cannot be called an improvement to this bill. While somewhat noble in its intent, it is a thin attempt to mask the fact that this entire bill is an affront to indigenous people's rights. The inclusion of these clauses in the bill does not change that fact.

Regarding the second part of the amendment passed by the Senate, I acknowledge that it is at least an attempt to recognize that this bill is an assault on a particular region of the country, namely, the oil-producing prairie provinces. This second part of the amendment passed by the Senate calls for a statutory review of the act as well as a review of the regional impact this act would have. The government's motion, which we are debating today, amended certain elements of this Senate amendment.

No one will guess which section of this amendment the government kept and which section it rejected. Those who guessed that it rejected the section that, at the very least, acknowledged indirectly that this bill was an attack on western Canada, would be correct.

This further demonstrates that when the Prime Minister or one of his ministers claims that others are threatening national unity with their opposition to certain pieces of legislation by the government, it is the ultimate doublespeak. Hon. senators who support this bill had the decency to propose and pass an amendment that was at least a tip of the hat to the alienation felt by western Canadians brought on by the Liberal government's actions. The motion we are debating today has stripped these sections from the bill, proving once again that this is just another step in the Prime Minister's plan to phase out the oil sands, regardless of the impact on Canada's economic well-being.

It is for these reasons that my colleagues and I oppose the government's motion on the Senate amendments to Bill C-48. We on the Conservative side will always stand up for Canada. We support Canada's natural resource sector, which contributes billions to our economy and economic growth. We support Canada's environment with practical, science-based policies that have a real and positive impact on our country's, and indeed the whole world's, environment. We support Canadians in their hope and desire for sustainable, well-paying jobs so that they can support their families, support each other and contribute to a happy and healthy Canada.

Conservatives support legislation that is based on science, research and the facts, and this bill is none of the above.

Opposition Motion—The EnvironmentBusiness of SupplyGovernment Orders

June 18th, 2019 / 3:35 p.m.
See context

Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, I want to thank our hon. colleague from Carleton. As a new father, I know that he considers this a very important debate. I know he takes this matter very seriously.

It is all about a better future for our children. The Minister of Environment has said that lots of times in this House, very loudly and very passionately. We all strive to leave our country better off for those who will come after us. This debate is about the future. It is about ensuring our children have a better future.

It has been interesting over the last three and a half years and indeed over the last couple weeks as we debate Bill C-48, Bill C-68, Bill C-69 and Bill C-88. Again, on the virtue-signalling motion that we had last night, Motion No. 29, everybody wants to know how everybody voted. I was travelling, I landed and all of a sudden the media wanted to know how we voted on it. Motion No. 29 does nothing. It declares that we all agree there is a climate emergency, but there is nothing behind it. There are no critical steps behind it to actually make things better. We have a carbon tax that the Liberal government implemented that does nothing but punish Canadians who live in rural communities.

I want to read something into the record.

“...to constrain the growth of...production by increasing the perception of financial risks by potential investors and by choking off the necessary infrastructure (inputs and outputs)...[the campaign’s original strategy states]. We will accomplish this by raising the visibility of the negatives associated with...[the production]; initiating legal challenges in order to force government and corporate decision-makers to take steps that raise the costs of production and block delivery infrastructure; and by generating support for federal and state legislation that pre-empts future demand for tar sands oil.

It also says this: How are we going to do that? Demarketing, raise the negatives, raise the costs, slow down and stop the infrastructure, enrol key decision-makers, goals, we want to influence debate, a moratorium, strategy, stop or limit pipelines, refineries, significantly reduce future demand for Canadian oil, leverage debate for policy victories in the U.S. and Canada, resources required, first nations and other legal challenges, public mobilization in Ontario and Quebec.

Members would be forgiven if they thought that was the mandate letter for the Minister of Environment. That is exactly what we are up against, the dogma that we hear, that is spread, the language that we hear time and again.

Bill C-68, Bill C-69, Bill C-48, Bill C-88, and Motion No. 29 are all aimed at our natural resources, and somehow Canada produces dirty products and our producers are going the way of just polluting our world.

It is interesting that the carbon tax targets soccer moms and small businesses, but does not go up against the very same polluters of the campaigns, Greenpeace, TIDES, the World Wildlife Fund and all these groups that now have executives or members who are former executives in the highest offices of the Liberal government. It does nothing. It gives those very same polluters a pass.

There is no denying that climate change is real. Humans contribute to the problem. We all must do our part to address the problem, but a carbon tax is not a climate plan. The Prime Minister does not have a climate plan, he has a tax plan.

Time and again it has been said that my province of British Columbia is seen as a success, yet we have had a carbon tax for over 10 years. When it was first introduced, it was supposed to be revenue-neutral, and now it is not. It goes in one hand and stays in the government coffers. It was supposed to lower emissions, and we know that that is not the case.

Over the last two summers, we have had some of the worst wildfires in our province's history. In my riding alone, we have had the worst fire season, the largest mass evacuation in our province's history.

I have stood in this House and asked how high the carbon tax has to be before we start to see those wildfires and natural disasters mitigated and lessened. I cannot seem to get an answer. As a matter of fact, I was laughed at when I asked that question.

The Liberals have pandered to the environmental lobbyists for the last four years. As a matter of fact, what we are seeing today with the legislation and all this virtue signalling they are doing with their hands on their hearts is payback for the 2015 election. Leading into this next election, they want to make sure that they are solidly behind them.

They have had four years to come out with a real plan, and the best they can do is a carbon tax. The Minister of Environment stands up here and shouts loudly so that we will all believe her, yet time and again, she has approved the dumping of millions of litres of raw sewage into our waterways.

A great Senate amendment came forward regarding third-party habitat banking, and I will go back to Bill C-68, where we talked about that. Where there is displacement of fish or fish habitat because of a project, it would allow the government to enlist people who are experts to create fish habitat. However, the Minister of Fisheries and Oceans and his department turned that down, and we heard testimony that they were the only people around the table who did not seem interested in creating fish habitat.

The Liberals like to stand up there, with all their environmental credits and their peeps behind them, saying that what they are doing is for the good of the country. We know that all they are doing is making things less affordable for those of us who live in rural communities.

I do not know if there is a fuel available that can power a logging truck or a freight truck. Our forestry sector has taken a massive hit since the current government has been in power, because we do not have a softwood lumber agreement. I will not put all the forestry downturn on the current government. However, it could have taken some major steps forward in assisting our forestry industry by securing a softwood lumber agreement.

We live in rural areas. Many of our first nations live off-grid. They have to power their communities with diesel. What has the government done to lift any of those first nations off their dependency on diesel and fossil fuels?

What about rural communities? At one point, we were a resource-driven economy. However, we know from the Prime Minister's very first speech that, under his government, our country has become known more for our resourcefulness than our natural resources. I guess that was a promise he has kept, because we have seen the government attack our natural resources sector time and again.

As we speak, there are forestry families who are receiving more layoff notices in my riding and in my home province of British Columbia. They do not have other projects or other opportunities to go to. What will they do? What is it that our Minister of Environment said? There is $500 million worth of opportunity. Where is it? It is not in our rural communities. In some of our northern climates, we cannot plug any of our school buses in. We cannot plug logging trucks or freight trucks in. We need them to get our goods to market.

Everything this carbon tax does makes the way of life in rural communities more expensive. This is not an environmental plan. It is a revenue plan, and it is on the backs of rural communities and rural Canadians. That is shameful.

Mackenzie Valley Resource Management ActGovernment Orders

June 17th, 2019 / 3:05 p.m.
See context

Liberal

The Speaker Liberal Geoff Regan

It being 3:08 p.m., pursuant to order made on Tuesday, May 28, the House will now proceed to the taking of the deferred recorded division on the motion at third reading stage of Bill C-88.

The House resumed from June 13 consideration of the motion that Bill C-88, An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts, be read the third time and passed.

Oil Tanker Moratorium ActGovernment Orders

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

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.

Fisheries ActGovernment Orders

June 14th, 2019 / 10:05 a.m.
See context

Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, it is an honour to once again be here to talk about the Senate amendments to Bill C-68.

I would be remiss if I did not talk about what we have witnessed over the last three and a half years, this week and last night, with the egregious affront to our democracy. It is pertinent to this discussion, because what we have seen with Bill C-68, Bill C-69, Bill C-48 and Bill C-88 is the government's attempt to subvert democracy to pass legislation that is really payback for the assistance the Liberals received in the 2015 election.

Last night, we had the debate, or the lack of debate, on Bill C-69. There were hundreds of amendments from the Senate, and the government forced closure on that debate without any debate whatsoever. Even the Green Party, in its entirety, stood in solidarity with the official opposition to vote against the government on this. That says something.

Bill C-68 is the government's attempt, in its members' words, to right the wrongs of the former Conservative government in amending the Fisheries Act in 2012. The Liberals said that the Conservatives gutted the Fisheries Act. The bill would replace the wording for HADD, the harmful alteration, disruption or destruction of fish habitat. However, we studied this. We consulted on this, and not one example was given. When pressured yesterday, throughout the last week and throughout the last year, not the minister nor anyone from the government was able to provide one example of where the 2012 changes to the Fisheries Act by the previous Conservative government led to the harmful alteration, disruption or destruction of fish habitat. As a matter of fact, despite the government's assertions that changes to the Fisheries Act are necessary to restore the lost protections for fish and fish habitat, the government's response to Order Paper Question No. 626 showed that the government had no record of harm or proof of harm to fish or fish habitat resulting from the 2012 changes.

On November 2, 2016, the then Minister of Fisheries and Oceans appeared before the fisheries committee and stated that “Indigenous people have expressed serious concerns with the amendments made to the [Fisheries Act]” and that his department was “holding face-to-face meetings with various indigenous groups and providing funding so that they can attend these meetings and share their views on the matter”. However, according to the government's response to Order Paper Question No. 943, DFO did not undertake any face-to-face consultation sessions in relation to the review of the changes to the Fisheries Act in the 2016-17 fiscal year.

The Liberals have stood before Canadians in the House and have been disingenuous. They continue to use the same eco-warrior talking points we see from Tides, Greenpeace and the World Wildlife Fund, which is essentially an attack on our natural resource sector, whether that be forestry, fisheries, oil and gas, mining or agriculture. That is what Bill C-68, Bill C-88, Bill C-48 and Bill C-69 are attempting to do. They want to shut down anything to do with natural resources.

In the Senate right now, Bill C-48 is being debated. It deals with the tanker moratorium on the west coast, yet we have double and triple the number of tankers on the east coast, but it does not matter. We do not see groups like Greenpeace, Tides and the WWF protesting those ships and oil tankers from foreign nations that have far more egregious human rights issues than what we have here in our country.

Dirty oil is flowing through our eastern seaport, but there has not been one mention of that by the government. Instead, it wants to shut down anything to do with western Canada's economic opportunities, and that is egregious and shameful, and that is why we are here today.

The Senate amendments with respect to Bill C-68 were decent amendments. They folded into Bill S-203, the cetaceans in captivity bill, and Bill S-238, the shark finning bill.

For those who are not aware of the shark finning bill, it would ban the importation of shark fins, with the exception that they must be attached to the carcass. Shark fin is a delicacy in some Asian cultures and is used in soup and medicinal products. We asked officials at committee if shark fin in any form could be imported into our country, and they replied that it could be imported in soup. That was their testimony. When pressed further on this, they said, “soup is soup”.

The whole intent of Bill S-238 is to stop the importation of shark fins so that shark fin soup may be stopped or that at least the fins would be imported into the country with the entire carcass used. That is a fairly reasonable thing to ask.

The other Senate amendments to Bill C-68 that are important are with respect to the inshore fishery. We heard time and again that the inshore fishery is important to Atlantic fishermen. Adjacency and the inshore fishery are the same thing, but the language is different on either coast. It is important to our coastal communities and fishermen who depend on fishing for their livelihood.

Another important Senate amendment is with respect to third-party habitat banking. I went into great detail about what third-party habitat banking means in terms of fish habitat. That was a reasonable amendment put forward by a Conservative, and all senators agreed with it.

Interestingly enough, before the Senate finished studying the bill, the minister directed our fisheries committee to study third-party habitat banking. Prior to the fisheries committee getting a chance to study it, the Liberals scrapped any of the third-party habitat banking amendments brought forth by the Conservative Party and agreed to by independent senators. It was an exercise in futility.

Senator Wells, who appeared before committee just the other day, said that by all accounts, it appeared that the only people who were interested in protecting fish and fish habitat were those around the table, and the only people who were against protecting fish and fish habitat with respect to third-party habitat banking were the officials. That is odd.

I want to talk again about why we are here. I spoke at length about the influence of third-party groups at the highest levels of our offices. I will remind the House that the former chief adviser to the Prime Minister, Gerald Butts, was the president and CEO of the World Wildlife Fund. The Prime Minister's new director of policy is a former top executive at Tides Canada.

Why is this important? It is important because these are the very organizations whose mandate is to shut down Canada's resources every step of the way and to tarnish Canada's natural resource sector on the world stage.

It says right on their own websites that they were going to use celebrities, their media and their influence to tarnish Canada's oil and gas and forestry to attack and landlock our resources. They have now permeated every office in this government.

In 2015, 114 third parties poured $6 million into influencing the election outcome, and many of those parties were funded by the U.S.-based Tides foundation. The World Wildlife Fund is deciding fisheries policy on the east coast.

As the shadow minister for Fisheries, Oceans and the Canadian Coast Guard, I went to meetings with the former fisheries minister, and there were no fisheries stakeholders there. The table was surrounded by environmental groups. We are placing a higher priority on these environmental groups than we are on the stakeholders who make their living and depend on our natural resources for their economic well-being.

Late last night, I took another phone call about another mill closure in my riding of Cariboo—Prince George. I know that colleagues understand our economic plight in western Canada. We have seen a lot of emotion over the last weeks and months about the plight of the west. The reality is that we are losing our jobs, and we do not have other opportunities. It is not that we are against the environment, unlike what a parliamentary secretary said yesterday, in response to Bill C-88, which is that the Conservatives blame the Liberals for putting such a high priority on the environment. That is not true. We blame the Liberals for putting such a high priority on environmental groups, not on the stakeholders, indigenous peoples and our local communities that depend on our natural resources for well-paying jobs to provide for their families.

There are hundreds of workers in my riding and adjacent ridings, and thousands of workers across the province of British Columbia, who are waking up today to more work curtailment and job closures. That is shameful.

When the House hears our emotion and concern when we raise the issues, it is not that we are against the environment, as much as the Minister of Environment would like people to believe that. It is that these policies the government has put forth have shaken the confidence of industry. They have a real impact. They may not impact those members of Parliament from downtown Toronto or in major urban centres, but they impact rural Canadians, and that is the truth.

I am going to close by reminding the House that this House does not belong to any of us who are in here. We are merely vehicles to be the voices of the electors. There are 338 members of Parliament in this House. Last night, we saw one courageous Liberal who stood against what her government was doing. We have been placed here to be the voices of those who elected us.

Despite saying in 2015 that they would let debate reign, the Liberals have time and again forced closure and time allocation on pieces of legislation. In doing so, they have silenced the voices of the electors who have put us here.

I would like to move the following motion, seconded by the member for North Okanagan—Shuswap:

That the motion be amended by deleting all of the words after the word “That” and substituting the following:

“the amendments made by the Senate to Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence, be now read a second time and concurred in.”

The House resumed from June 11 consideration of the motion that Bill C-88, An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts, be read the third time and passed, and of the amendment.

Business of the HouseOral Questions

June 13th, 2019 / 3:15 p.m.
See context

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.

Mackenzie Valley Resource Management ActGovernment Orders

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

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.

Mackenzie Valley Resource Management ActGovernment Orders

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

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 / 1:15 p.m.
See context

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.

The House resumed from June 11 consideration of the motion that Bill C-88, An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts, be read the third time and passed, and of the amendment.

Bill C-68—Time Allocation MotionFisheries ActGovernment Orders

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

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.

Bill C-68—Time Allocation MotionFisheries ActGovernment Orders

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

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?

Mackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 11:55 p.m.
See context

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, it is my privilege to speak to this bill.

I do not know if members have ever seen a hostage situation where the hostage makes a statement by video conference. We hear that statement and it is interesting because we know the person and that person would never make that statement otherwise. We kind of have that going on here.

We have heard the same statement read over and over again tonight. People say they support the bill. They say that there is a part of the bill that everybody in the Northwest Territories supports and there is a part of the bill that people do not. However, when they say they support it, the good outweighs the bad and therefore they support it.

One of part of the bill that does not fit with the rest is the fact that it would allow for a moratorium to be imposed from on high, from Ottawa, on the north. The moratorium was imposed without any consultation in the north whatsoever. What we have here is the Government of the Northwest Territories in this hostage situation where it either takes the bill or not. The Liberals ran around and got statements of support for the bill, despite there being a poison pill in it that people actually did not like.

When it comes to consultation, the Liberals, if it is to hold something back, if it is to ensure development does not happen, are entirely in favour of consultation. However, if it comes in a place where they are trying to hold something back unilaterally, then they do not have to do the consultation. In the case of putting in more regulations or preventing a pipeline from happening, then they need to have more consultation. However, if they are just going to unilaterally do something that is in that same vein, like a drilling moratorium, then they do not have to consult whatsoever.

It seems to me that the bill is entirely in keeping with the anti-energy agenda of the Liberal government. If it comes to getting a pipeline built, consult and consult. If it comes to imposing a drilling moratorium, or a tanker ban or a shipping ban, do not consult at all, just impose it from on high.

The government's anti-energy agenda is being portrayed loud and clear in Bill C-88. I find it completely disingenuous for the member for Yukon to say that the bill will help attract resource development in the territory. It will not do that whatsoever. He is correct when he says that it brings in regulatory certainty. It does bring in regulatory certainty. It will ensure that companies know that developing in the north sea is not allowed.

The House resumed consideration of the motion that Bill C-88, An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts, be read the third time and passed, and of the amendment.

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 11:50 p.m.
See context

Liberal

Michael McLeod Liberal Northwest Territories, NT

Mr. Speaker, I want to touch on an issue that comes mostly from industry. I meet quite often with the Chamber of Mines. It attends a lot of the round tables and has very strong opinions on resource development and the economy. So does the Chamber of Commerce. They always talk about the need to address a number of things if the north is going to become more economically secure.

The first thing is to address the issue of cost through infrastructure, mostly transportation infrastructure. The second thing is to sort out and resolve land tenure, compensation and self-governance with the indigenous people. They claim, and I agree with them, that certainty is a big issue and that we should not change the system we have. Everyone is comfortable and familiar with it.

Would the member agree that keeping the system, with the changes in Bill C-88, would give legal certainty to industry and all northerners, including the indigenous governments?

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 11:50 p.m.
See context

Liberal

Michael McLeod Liberal Northwest Territories, NT

Mr. Speaker, I would like to thank the member for Yukon for his very good presentation on Bill C-88.

I want to ask the member about the unique co-management systems that we have in the north across the board, and why the co-management system for resource development is so important to us in the north. Could he elaborate on that a little bit?

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 11:25 p.m.
See context

Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, first I want to acknowledge that we are on the traditional territory of the Algonquin Anishinabe people.

I have a speech, but I think I will start by trying to answer questions and concerns that have been brought up. If I do that, then members could vote unanimously for this bill.

The first thing members have been asking is why there are only five more hours to debate this bill. For a lot of bills, that would be a valid question, but at this particular time we have had Conservative after Conservative getting up and not talking about the bill. We heard a lot about Bill C-48, Bill S-6, a letter from premiers not related to this bill, Bill C-15 and a northern moratorium.

I have been here awhile, and last night I witnessed an amazing situation. One of the Conservative speakers, in a 10-minute slot to speak on this bill, spent nine and a half minutes talking before they got to the bill, and then answering three questions by not referring to anything in the bill.

If the public wonders why Parliament has decided to call time allocation on this bill, it is obviously because the Conservatives have nothing more to say. We have heard the same arguments over and over again, and they are not valid. I will go through them one by one right now.

I am not sure why a party would want to stretch out a debate on a terrible injustice that it has caused, and it has done this a number of times. It is strange. Why would they want to put that in the light? Why would they not want to fix that injustice by supporting this bill? One of the members mentioned that he was not here at the time that it happened, so in good justice, he could support the bill.

People have asked what we have been doing for the last four years and why we did not debate this bill earlier. Some of the people in the House now have actually asked this question. This Liberal government has passed something like 85 bills. I think some members' constituents would like to ask them where they have been while these very important 85 bills were being discussed and debated.

One bill in particular was in the exact same situation as this one. It was Bill C-17. Again, the previous government had unlawfully, either technically or in spirit, abrogated a modern treaty, a constitutionally protected treaty, and tried to pass a law that got around it. That was certainly disrespectful.

Some may ask why Liberals did not get more things done, and a good example was what happened when Bill C-17, related to the treaty, was ready to pass. There was a grand chief, chiefs and aboriginal people here in the galleries. It cost thousands of dollars for them to get here from the Yukon. What did the Conservatives do at that time? They called a dilatory motion that the next speaker be allowed to speak, and then the bill could not be done. Some members ask why things are not done, yet they continue to do tricks like that.

This particular bill broke a constitutionally protected treaty, as I said earlier, a land claim. The members opposite have asked—and it is a good question for the ones who were not here before—why Liberals voted for that bill. This question has been brought up a number of times. The reason is that the part of the bill in which the law was broken in spirit or in technicality was snuck in in a much larger devolution bill.

The devolution bill transferred the remaining federal powers to the territorial government. That was a tremendous move, and that is why the party supported that initiative. Unfortunately, even though the people affected by this wanted this taken out and some parliamentarians tried to get it out, the Conservatives pushed ahead with the bill, and that is why the other parties voted for it.

Another concern the Conservatives have noted a number of times is that there are two parts to the bill. I think the member for Northwest Territories corrected them and said there are three parts. Nevertheless, they said there is part 1 and part 2, and there was no consultation regarding part 2. That is not true at all. When we consulted, we consulted with all the local governments involved regarding the entire bill, both part 1 and part 2. Shortly, I will read to members some of the things they said, because the opposition has suggested they did not support both parts of the bill.

The bill concerns the Sahtu, the Gwich’in and the Tlicho. When the Tlicho signed its constitutionally protected land claim and its self-government agreement, I was parliamentary secretary to the Minister of Indigenous Affairs. At that time, unfortunately, we had to fight against the Conservatives to get that agreement signed. At least the Conservatives can now make peace with that wrongdoing of the past and support the bill.

I will read some comments of support, because the Conservatives have said that indigenous groups did not support part 2 or the bill.

Grand Chief George Mackenzie, from the Tlicho Government, said, “We urge the community to move swiftly and decisively to ensure that Bill C-88 comes into force during the current session of Parliament.”

David Wright is legal counsel to the Gwich'in Tribal Council. I say to David, drin gwiinzih shalakat. He said the following at the INAN committee:

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....

I know the Conservatives have spoken against uncertainty in the past, so that is another reason for them to support the bill.

Premier McLeod and Grand Chief George Mackenzie, in a joint letter, said:

[W]e are hopeful that Bill C-88 will proceed expeditiously through the legislative process and receive Royal Assent [in this Parliament].... The negative implications of the status quo are significant.

Mervin Gruben was also quoted as supporting the bill, as well as Duane Smith from Inuvialuit. It was suggested he was not allowed to come to committee, but he was actually invited. He did provide a written submission, and it was nice to have that information added to the record.

A Conservative member talked about not listening to indigenous people and indigenous voices. The member said that not listening to the people of the north is arrogance. I just read that the four governments involved, the Sahtu, the Gwich’in, the Tlicho and the GNWT, all support the bill. Conservatives are right; we should listen to those people. They should listen to those people as well, along with the rest of the parties supporting the bill, and support the bill.

Another thing the Conservatives have talked about a lot is support for resource development. I am sure all other parties agree with sustainable development. It is another reason the Conservatives should vote for the bill. I will read some comments about how the bill promotes and ensures this.

Chief Alfonz Nitsiza, from the Tlicho Government, said:

[F]ailure to resolve this matter co-operatively would damage our treaty relationship and undermine the process of reconciliation as directed by the courts. Long-term regulatory uncertainty for any reason will damage the economy of the Northwest Territories, including within the Tlicho community. This is all avoidable with the passage of Bill C-88.

David Wright, legal counsel to the Gwich'in Tribal Council, said, “Bill C-88 is a step toward certainty in the Mackenzie Valley, and that is a step that should be taken at this time”.

Finally, Premier McLeod said:

The proposed amendments to the MVRMA in Bill C-88 would increase certainty around responsible resource development in the Northwest Territories. That certainty is something our territory needs as we continue to work with the indigenous governments in the territory to attract responsible resource development.

Conservatives, to be true to the values they so eloquently put forward on resource development, can support those values by supporting this bill.

I support Bill C-88, an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act. Although the debate so far has focused on the content of the proposed act, I want to talk about what is not in Bill C-88 and why it would be a mistake to make major amendments at this stage.

Amending Bill C-88 at this stage of the process would defeat its overall purpose, which is to resolve a court challenge arising from the previous government's decision to merge the land and water boards without holding appropriate consultations.

The Northwest Territories Devolution Act, Bill C-15, was assented to in March 2014. The act transferred the administration and control of public lands and waters to the Government of the Northwest Territories and amended the Mackenzie Valley Resource Management Act. The act includes provisions restructuring the Mackenzie Valley land and water boards.

The Tlicho government and Sahtu Secretariat Incorporated challenged the changes to the Mackenzie Valley Resource Management Act that would have dissolved their regional land and water boards. They argued that theses changes violated their land claims agreements and infringed on the honour of the Crown. They added that the consultations had been inadequate. On February 27, 2015, the Supreme Court of the Northwest Territories granted an injunction that suspended the proposed board restructuring, along with the coming into force of other regulatory amendments.

I would like to point out that those regulatory amendments, which included the addition of a regulation-making authority for cost recovery, administrative monetary penalties, development certificates and other provisions related to regional studies, all passed through the parliamentary process in 2014. Those same provisions are being presented today. However, they were rewritten to ensure that they could apply under the existing four-board structure. They were not part of the court challenge. Bill C-88 responds to the court challenge by reversing the provisions to merge the boards and re-introducing some regulatory elements that are applicable under the existing four-board structure.

On September 23, 2016, the Minister of Crown-Indigenous Relations sent a letter to indigenous governments, organizations and stakeholders to launch the consultation process on Bill C-88.

Consultations were held with indigenous governments and organizations in the Mackenzie Valley, transboundary indigenous governments and organizations, resource co-management boards, organizations from the mining, oil and gas sectors, and the territorial government. To ensure that the indigenous governments and organizations were able to fully participate in the process, the Government of Canada provided funding to these groups and to the resource co-management boards that took part in the consultations.

Representatives from Crown-Indigenous Relations and Northern Affairs Canada, or CIRNAC, held a teleconference with stakeholders to consider next steps and to discuss the consultation plan. A legislative proposal to repeal the board restructuring provisions was drafted and submitted to the groups for review. During the review period, the groups had the opportunity to meet with CIRNAC representatives in Yellowknife to talk about the content of the proposal and to ask questions. This was also an opportunity for CIRNAC representatives to determine whether any part of the proposal was unclear or could be improved, based on the feedback they received.

I will not have time to finish, but I do not want to miss this particular point. The only other questions someone could ask that I have not already answered are whether the consultation that was done was serious and, although they were in agreement at the end, whether any changes were made. The answer is yes. I will give an example of two of the changes that were made.

The first was that because of the consultations with the people involved, a court jurisdiction related to a judicial review of administrative monetary penalties, AMPs, was modified in order to ensure consistency with the exclusive jurisdiction of the Northwest Territories Supreme Court under section 32 of the Mackenzie Valley Resource Management Act.

A second change was that consultation obligations related to the AMPs were added to the bill to ensure consistency with the comprehensive land claim agreements.

The only other thing I think someone might ask is related to the position of national interest and whether this is the only case of that. The answer is no; it is a clause, an idea, that comes up in different legislation. I will give members some examples from the north: the Mackenzie Valley Resource Act, Statutes of Canada 1998, chapter 25, section 130, and the Nunavut Planning and Project Assessment Act, Statutes of Canada 2013, chapter 14, section 2.

Section 94 of the Mackenzie Valley Resource Management Act provides for the federal minister to refer a proposed project to the Minister of Environment for the purpose of a joint review of the Canadian Environmental Assessment Act if it is in the national interest to do so.

The Nunavut Planning and Project Assessment Act also provides for the responsible minister to reject a board decision or to reject or vary recommended terms or conditions if it is in the national interest to do so.

A few close references can also be found in section 51 of the Yukon Act, Statutes of Canada 2002, chapter 7, and in section 57 of the Northwest Territories Act, Statutes of Canada 2014, chapter 2, section 2.

To boil it all down, basically an act was passed that abrogated the land claim and went against a constitutionally protected law of Canada, which we cannot change by just doing another law. Of course, the court found that out and would not let it go ahead. All this bill would do is to put into law what the court had ordered.

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 11:05 p.m.
See context

Liberal

Mike Bossio Liberal Hastings—Lennox and Addington, ON

Mr. Speaker, simply, it shatters the trust completely. Rural Canadians are very generous, and indigenous peoples are very generous people, but if someone breaks that trust, it takes a very long time to earn that trust back again.

This bill will go a long way towards earning that trust, because so much consultation was done in the writing of the legislation. Once again, Premier McLeod and many leaders in the indigenous communities are in full support of this bill. They want this bill to be passed expeditiously, as soon as possible. We heard that in testimony at committee many, many times.

I encourage everyone in this House to please vote for Bill C-88.

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 11:05 p.m.
See context

NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

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

I think that he already knows that the NDP will support Bill C-88, which will fix some of the mistakes made by the previous government. This bill is a step in the right direction.

Unfortunately, I do not really understand the lack of consistency. The Liberals voted in favour of the bill to include in federal legislation the principles of the UN Declaration on the Rights of Indigenous Peoples, but unfortunately those principles are nowhere to be found in Bill C-88.

I would like my colleague to explain that inconsistency to me.

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 10:50 p.m.
See context

Liberal

Mike Bossio Liberal Hastings—Lennox and Addington, ON

Mr. Speaker, I am thankful for the opportunity to speak on Bill C-88, and I acknowledge that I do so on traditional Algonquin territory.

I will be splitting my time with the member for Port Moody—Coquitlam.

This important bill demonstrates the Government of Canada's commitment to the north and to the people who live there.

The legislation now before us proposes to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act. This bill would reverse legislation that aimed to amalgamate three regional land and water boards established under comprehensive land claim agreements in the Northwest Territories. It would also modernize the overall regulatory regime that oversees the development of resources along the Mackenzie Valley and in the offshore Arctic.

Perhaps most significantly, though, Bill C-88 would be a tremendous win for the environment. With the devastating effects of climate change that are evident in the Arctic more than anywhere else in the world, we all know how important this is. While Canada's north is rich in natural resources, it is also a fragile and rapidly changing environment. I am sure that my hon. colleagues will agree that it needs to be handled with care.

How do we do that? We would take a big step forward with Bill C-88 on what I call the three Ps of environmental responsibility: people, protection and prosperity. Bill C-88 would provide the right people with the right regulatory tools to make the right decisions for the environment and for Canada.

The first P in environmental responsibility is people, and one of the best ways to care for the environment in the north is to involve the people who live there in decisions about development projects. In the same way that urban communities across Canada invite residents to have a say in proposed developments in their neighbourhoods, northerners must also have a meaningful say in how natural resources are managed in their region. Bill C-88 aims to do this in the best possible way.

Most importantly, the legislation would repeal provisions in the Northwest Territories Devolution Act that would have eliminated the regional panels of the Mackenzie Valley Land and Water Board and established a single consolidated board. Bill C-88 would reverse the board restructuring and reintroduce other regulatory elements to function under the existing four-board structure, including the Gwich'in Land and Water Board, the Sahtu Land and Water Board, the Wek'èezhìi Tlicho Land and Water Board and the Mackenzie Valley Land and Water Board.

These are all independent, co-managed boards that have appointed members who bring valuable local and traditional knowledge to the table. These members have the experience and local knowledge needed to effectively review and influence resource and development projects, as only they can. It is also important to know that the regional land and water boards are part of the existing land claim agreements, and that respecting these agreements is crucial to reconciliation with indigenous peoples.

The second P of environment responsibility is protection. A scientific report from Environment and Climate Change Canada shows that the Arctic is being hit hardest by climate change. The region is warming at a rate that is about three times faster than the rest of the world. In winter, this means melting permafrost and less sea ice. By the middle of this century, most marine regions in the Canadian Arctic may be ice free for at least a month at a time.

This would change everything. The habitat of ice-dependent wildlife, such as narwhals, polar bears and walruses, would be severely impacted. The Arctic caribou population would be at risk, because these animals rely on sea ice for their long-distance migration. Various species of fish would likely move away from where they are usually harvested in search of colder water temperatures. Of course, the melting sea ice would likely open new shipping routes and expose more fossil fuel reserves to development.

What is clear is that we have to understand what is happening to the environment and protect it, for both current and future generations. Bill C-88 would help us accomplish this goal. This is because the legislation also proposes amendments to the Canada Petroleum Resources Act, CPRA, which regulates oil and gas rights on federal Crown lands in the north and in offshore areas not under federal-provincial co-management.

The CPRA amendments support commitments made by Canada and the United States in the joint Arctic leaders' statement of 2016. The two nations agreed to base decisions about the future development of offshore oil and gas resources in the Arctic on scientific reviews that would be conducted every five years.

Bill C-88 would encourage governments and local communities to work together and move forward with both scientific and traditional knowledge to protect and develop the rich natural environment. It is so important that we take our indigenous knowledge into account, which has existed for thousands of years and that has a far greater understanding of the Arctic than any other Canadian does. We need to ensure that traditional knowledge is taken into account when we are considering any resource projects or otherwise that occur in the north.

Bill C-88 would encourage governments and local communities to work together, to move forward with both scientific and traditional knowledge to protect and develop the rich natural environment.

This brings me to my third P of environmental responsibility, and that is prosperity. Canada's prosperity, in many ways, relies on the development of natural resources. As the Right Hon. Prime Minister said recently at the 2019 Nature Champions Summit in Montreal, “We can't afford to ignore climate change.” The future of our country and our economy depends on it. “You cannot have a plan for the future of our economy as a country, as a nation, if you don't also have a plan for environment sustainability and environmental protection.”

Bill C-88 would support a robust regulatory regime that not only protects the environment, but also provides a responsible approach to the development of natural resources. Furthermore, renewing the relationship with northern and indigenous organizations and governments is the proper and just way to move forward in partnership, with legal certainty in regard to environmental protection and toward increased investment and jobs.

All told, I would suggest that this is what reconciliation is all about. It is establishing that relationship with indigenous communities that can be based on trust. That trust is only going to happen if we have meaningful and collaborative consultation with our indigenous communities.

It is about making sure that indigenous peoples have a meaningful voice in important decisions about their lands, their lives and their future. Bill C-88 would enable a resilient resource sector while also respecting the rights and interests of indigenous peoples.

The three Ps of environmental protection, people, protection and prosperity, are the key drivers of Bill C-88. They are also sound reasons to support the proposed legislation. This legislation is finally going to bring about an environment where all indigenous peoples in the north will feel they can actively participate in determining what happens with that environment, what happens with their economy, and what happens with their future, for both today and for their children and grandchildren. Once again, indigenous people always look out seven generations. We need to take that into consideration in the north.

I encourage my hon. colleagues to vote in favour of Bill C-88 at third reading.

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 10:50 p.m.
See context

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, the letters from six premiers to the Prime Minister came out yesterday. There are letters from the territories, New Brunswick, the premiers of Ontario, Alberta, Saskatchewan and Manitoba. As well, one of the biggest oil and gas demonstrations this country has ever seen was taking place today in Calgary, Alberta.

It is shameful what the government has done with Bill C-69, Bill C-48 and certainly with this legislation, Bill C-88.

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 10:45 p.m.
See context

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, well, there is not much, as members can tell by my 20-minute speech.

The minister said that the Northwest Territories government wanted Bill C-88 passed expeditiously. Why then did the Liberals sit on this bill for months, if not years? They had the opportunity to move this long before 10 days before the House rises. That is the question I had when the minister stood before us and talked about how great Bill C-88 was when, in fact, the Liberals buried the legislation for months.

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 10:45 p.m.
See context

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, we did have Neil McCrank, from Calgary. He did all the consultations regarding the superboard. He was one of the few live guests we could bring in on the one day we had to talk about Bill C-88 at committee. As members may know, other submissions were submitted through email.

At committee, Neil McCrank disputed that claim. He spent months talking about the superboard. As members know, the proposal back then was to go from four boards down to one. Members know the result: It ended up in court and we did not do that.

I want to put on the record that Neil McCrank spent months in the territories dealing with the superboard issue.

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 10:20 p.m.
See context

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, I am pleased to rise tonight to speak to Bill C-88, an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act.

Once again, this bill, like many other bills we have seen in the House, is being debated and rushed through Parliament in the last few days before the House rises for the summer. It is worth noting that this is a bill that was only studied in our committee on indigenous and northern affairs for one meeting before we went into clause-by-clause consideration. As a result, we were unable to hear live testimony from stakeholders such as the Inuvialuit Regional Corporation, the Canadian Association of Petroleum Producers and the Northwest Territories Chamber of Commerce.

We have recently seen these legislative delays with other important bills, such as Bill C-92, which was passed at third reading in this House just last week, on June 3. It is totally unacceptable that the Liberals have so utterly mismanaged their legislative schedule when it comes to the bills that are now before us, days before we rise.

Bill C-88 is a bill that forms part of a long Liberal saga to kill natural resources development in this country. The bill would amend subsection 12(1) of the Canada Petroleum Resources Act to allow the Governor in Council to arbitrarily ban any oil and gas activity across the Arctic offshore. Under this bill, the government would only need to invoke the national interest to ban oil and gas development in the Beaufort Sea. However, the term “national interest” remains undefined in this bill, so the government would have complete discretion to decide when it should ban oil and gas activities in the Arctic offshore. These opportunities for greater economic prosperity in the north would therefore be limited and controlled by the ministers here in Ottawa. Again, under the current government, Ottawa knows best.

We have already seen the Liberals reveal their paternalism when it comes to economic opportunities for northern communities. We just have to go back to December 2016. While the Prime Minister was in Washington, D.C., he announced that there would be a moratorium on offshore oil and gas development in the Beaufort Sea. No, he was not up in northern Canada. He was, in fact, meeting with President Obama in Washington.

There was absolutely no consultation with the Government of Northwest Territories before this moratorium was announced in Washington. In fact, the territorial leaders of the day were given less than half an hour's notice before the Prime Minister declared the moratorium, in the United States, the farthest destination away from northern Canada.

By single-handedly introducing a moratorium on oil and gas development in the Beaufort Sea, the Liberals are telling northern communities that Ottawa knows best. The Liberals are saying, through their actions, that northerners do not have the right to pursue their own economic opportunities without the approval of the current federal government.

We heard from multiple witnesses in committee about the devastating impact the Liberals' moratorium has had on northerners. Wally Schumann, the minister of industry, tourism and investment and the minister of infrastructure for the Northwest Territories, said the following about the moratorium:

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.

We also heard from Merven Gruben, the mayor of Tuktoyaktuk. He was very disappointed with the Liberal decision to unilaterally impose this moratorium on northerners. He was very concerned about the effects this ban would have on the people of his community. He said:

It's so easy to sit down here and make judgments on people and lives that are some 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.

Unfortunately, the Liberals are not listening to the voices, again, of the northerners, and as a result, communities are paying the price now for the Liberal government's arrogance. There is absolutely no doubt that Bill C-88 is just another attempt by the Liberal government to polarize oil and gas extraction in this country. It explains the power of cabinet to block economic development and adds to the ever-increasing levels of bureaucratic red tape that need to be navigated by proponents of energy development.

The bill makes northern energy development more difficult by increasing the obstacles that must be overcome by energy proponents before they can even put shovels in the ground.

In response to these polarized anti-energy provisions, many stakeholders have voiced their concerns. One of the numerous stakeholders that want to see the Governor in Council power to ban oil and gas development removed finally from the bill is the Northwest Territories Chamber of Commerce. It has written submissions to our committee. The chamber indicated its opposition to the final authority of the Governor in Council to ban northern oil and gas development.

The chamber wrote to us as follows:

The final decision needs to be approved by the Indigenous Nation of the prescribed area who are the steward's of the area but also rely on the land to provide economic independence to their membership and throughout the NT.

Of course, in pushing through Bill C-88 without any amendments, the Liberals have demonstrated that they do not care about the opinions and concerns of our northern communities, which will be deeply affected by this piece of legislation. These northern voices are once again being ignored by the Liberal government.

Another important stakeholder that expressed really serious concerns about Bill C-88 was the Inuvialuit Regional Corporation. Unfortunately, like the Northwest Territories Chamber of Commerce, the IRC was not afforded the opportunity at all to present live testimony to our committee, because, as I mentioned before, we were only given one day to hear from witnesses on this very important matter.

Again, the Liberals rushed the process. It was the result of the Liberals' mismanagement of the parliamentary agenda and a consequence of the fact that the Liberals left this bill to the very last minute for deliberations.

Like so many other crucial stakeholders, the IRC is opposed to the unilateral power to ban oil and gas development in the Arctic offshore, which the bill gives to the Governor in Council.

It is hardly surprising that the IRC is against the arbitrary power given to politicians here in Ottawa to determine the fate of energy development in the north. Bill C-88 says that the Governor in Council can ban oil and gas development projects when “it is in the national interests to do so”. However, does Bill C-88 tell us what the national interest is? Does Bill C-88 tell northern communities what the national interest is? No, of course not.

Like so many other Liberal anti-energy policies, questions of the national interests are only for the Liberals to decide and nobody else. The bill is simply a reinforcement of the arrogant mantra that the Liberals know best.

Given that the IRC was not given the opportunity to offer live testimony on this discussion on Bill C-88, I would like to read into the record some of the serious concerns the IRC highlighted in its written submission to our committee.

First of all, it bears noting that the IRC is an organization that was created way back in 1984 to manage the settlement that formed part of the Inuvialuit Final Agreement, better known as the IFA. The Inuvialuit occupy the Inuvialuit Settlement Area, or the ISR, and beyond.

The IFA was the first comprehensive land claim agreement settled north of the 60th parallel and only the second settled in Canada's history.

Why was this land claim agreement so important for Inuvialuit people, and why did they initiate the negotiations with the Government of Canada? In the IRC's own words, the land claim negotiations “came in response to our limited influence in increasing development activity on our lands and the vast marine areas of the ISR.”

In the short term, then, the Inuvialuit secured a land claim agreement, in part, so that they could have greater influence over development activities on their own lands.

With this background in mind, the IRC has written about its serious reservations with regard to the power the bill would give to Ottawa to declare oil and gas moratoriums on IRC lands. In fact, the IRC already saw the Prime Minister declare a moratorium in a significant portion of their settlement region when the Liberals were first elected to power in 2016. In regard to this ban, the IRC wrote,

it is important to note that the imposition of the Moratorium by the Prime Minister was done without consultation with any Inuvialuit in contravention of the IFA and with the framework established and the promises made under the Northwest Territories Lands and Resources Devolution Agreement.

The Liberals simply seized the opportunity in 2016 to unilaterally implement a moratorium on oil and gas in the north while the Prime Minister, as I mentioned before, was not even in this country. He was in the United States of America looking for photo ops and free publicity. The Liberals did not consult at all with stakeholders before they took on this decision. What is worse, instead of apologizing to many of the northern communities that are suffering because of this moratorium, the Liberals are going full steam ahead with Bill C-88, as we see tonight, to ensure that they can unilaterally put bans on northern oil and gas development again and again.

Bill C-88 says that the Governor in Council can make these bans when it is in the national interest to do so. The IRC and Conservatives would like to know what the Liberals mean when they say “in the national interest”.

The IRC had the following to say on the issue of the national interest:

The national interest criterion is problematic as it elevates the national priorities of the day vis-à-vis Inuvialuit priorities within our traditional territory. It would be akin to an appropriation a constituent might experience in the south without any restitution from the government. Bill C-88 does not define national interest or incorporate an express requirement to consider how the national interest ought to be balanced against the ability of rights holders to provide for their economic future.

Despite these concerns from indigenous stakeholders in the north, the Liberals have demonstrated repeatedly, through their anti-energy policies, that they have no intention at all of ever balancing their vision of the national interest against the views of indigenous groups that do not share the Liberals' hostile attitude toward natural resource development.

Unfortunately, Bill C-88 is not the only bill the Liberals have pushed forward, to the detriment of the indigenous communities across this country. We have just heard from indigenous communities about the real concerns they have about Bill C-69, the Liberal environmental assessment act.

Stephen Buffalo, the president and CEO of the Indian Resource Council and a member of the Samson Cree Nation, said:

Indigenous communities are on the verge of a major economic breakthrough, one that finally allows Indigenous people to share in Canada's economic prosperity. Bill C-69 will stop this progress in its tracks.

Roy Fox, chief of the Kainai or Blood tribe first nation, said the following about Bill C-69:

...I and the majority of Treaty 7 chiefs strongly oppose the bill for its likely devastating impact on our ability to support our community members, as it would make it virtually impossible for my nation to fully benefit from the development of our energy resources.

Bill C-48, the northern B.C. oil tanker ban, is yet another Liberal anti-energy bill that the Liberals have rammed through this Parliament against the wishes of major indigenous stakeholders. Bill C-48 shuts the door to the Eagle Spirit pipeline proposal, an energy corridor that is supported by over 35 first nations and is an indigenous-led and indigenous-owned initiative. It is a $17-billion project that has the potential to provide economic opportunity to numerous indigenous communities. However, as with Bill C-88, this one tonight, Bill C-48 is another Liberal anti-energy bill that is both hurtful and patronizing to indigenous communities. Bill C-48 is another example of the Liberal government here in Ottawa telling indigenous communities that they cannot pursue their own natural resource development when it does not suit the interests of the Liberal agenda of the day.

Indigenous communities are tired of the paternalism that has been constantly demonstrated toward them by this anti-energy Liberal government. The chair and president of Eagle Spirit Energy, Calvin Helin, who is a member of the Lax Kw'alaams First Nation, had the following to say about the viewpoint of the 35 first nations that are in favour of the Eagle Spirit pipeline. He said that these first nations “do not like outsiders, particularly those they view as trust-fund babies, coming into the traditional territories they've governed and looked after for over 10,000 years and dictating government policy in their territory.”

However, the Liberals clearly do not think that these indigenous viewpoints are part of the current government's idea of a national interest, so they choose to ignore these voices. As a result of Liberal indifference to the concerns of these indigenous groups, in 2018 the chiefs council for the Eagle Spirit pipeline had to launch a GoFundMe campaign just to help pay legal costs in a court challenge to Bill C-48. The Eagle Spirit project noted the sad state of affairs by stating that this action is required to be taken by Canada's poorest people against a federal justice department with unlimited resources. Other indigenous groups have either filed lawsuits or are planning to do so pending the legislative fate of Bill C-48.

Sadly, the Liberals again did not listen to these indigenous voices then, and they are not listening to the indigenous voices in our northern communities today. It is glaringly clear that all the Liberals care about is the pursuit of their anti-energy policies at all costs. However, the cost is a very real human cost to the ability of northern communities to be in control of their own economic development opportunities.

The Liberals have promised time and time again to work with northerners. With only days left now in this Parliament, when will the Liberals finally live up to this promise?

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 10:20 p.m.
See context

Liberal

Michael McLeod Liberal Northwest Territories, NT

Mr. Speaker, I am aware that Bill C-15 was a Conservative bill that really shattered the confidence of the indigenous people in the Northwest Territories.

It was a bill that never should have come forward. It is a bill that we are trying to correct today. There is an opportunity for my honoured colleague from across the way, who I travel with most weekends to return home, to support this bill. He has the opportunity to stand up now and support Bill C-88. I would appreciate it if he would do so. I think he knows the bill. He knows how important it is to the Northwest Territories. I think he is quite supportive of indigenous governments and resource development.

This would provide reassurance. I would ask the member to stand up and support this bill. Let us clear up some of the wrongdoings from the past.

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

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

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.

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

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

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 / 10:10 p.m.
See context

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 / 10:05 p.m.
See context

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.

The House resumed from June 10 consideration of the motion that Bill C-88, An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts, be read the third time and passed, and of the amendment.

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

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

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.

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

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

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 p.m.
See context

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 p.m.
See context

Liberal

Michael McLeod Liberal Northwest Territories, NT

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

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

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

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

Toronto—St. Paul's Ontario

Liberal

Carolyn Bennett LiberalMinister of Crown-Indigenous Relations

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

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

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

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

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.

Mackenzie Valley Resource Management ActGovernment Orders

June 10th, 2019 / 3:10 p.m.
See context

Liberal

The Speaker Liberal Geoff Regan

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

The House resumed from June 7 consideration of the motion that Bill C-88, An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts, as reported (without amendment) from the committee, be concurred in.

June 4th, 2019 / 10:15 a.m.
See context

Liberal

The Chair Liberal MaryAnn Mihychuk

Thank you.

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

Cathy.

Business of the HouseOral Questions

May 30th, 2019 / 3:10 p.m.
See context

Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

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

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

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

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

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

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

Indigenous and Northern AffairsCommittees of the HouseRoutine Proceedings

May 30th, 2019 / 10:05 a.m.
See context

Liberal

MaryAnn Mihychuk Liberal Kildonan—St. Paul, MB

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

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

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

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

May 30th, 2019 / 8:55 a.m.
See context

Liberal

The Chair Liberal MaryAnn Mihychuk

That concludes Bill C-88.

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

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

[Proceedings continue in camera]

May 30th, 2019 / 8:45 a.m.
See context

Liberal

The Chair Liberal MaryAnn Mihychuk

Good morning, everyone.

We are at the Standing Committee of Indigenous and Northern Affairs of the Parliament of Canada. We're on the unceded territory of the Algonquin people.

I want to welcome everybody to the clause-by-clause deliberation on Bill C-88. Pursuant to the order of reference of Tuesday, April 9, 2019, we are examining 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.

Now we are going to go through the process. We have received one amendment. It is on clause 85.

We have no other amendments. If it's the will of the committee, can we have concurrence on clauses 1 to 84?

(Clauses 1 to 84 inclusive agreed to on division)

(On clause 85)

Extension of Sitting HoursGovernment Orders

May 27th, 2019 / 12:25 p.m.
See context

Conservative

Candice Bergen Conservative Portage—Lisgar, MB

Mr. Speaker, I stand today to speak to the government motion that would, among other things, extend the hours we would be sitting in this place until we have completed this Parliament on June 21. It would also take away a lot of the tools we have as the opposition to hold the government to account.

As we listened to some of the answers by the government House leader, it is no surprise that in the dying days of the scandal ridden, promise breaking, tax raising and very severely ethically challenged disaster of a Liberal government, we are seeing Liberals use disrespectful, draconian and bully-like mannerisms to get their agenda accomplished.

It was quite interesting and telling when the government House leader was answering questions and referring to a couple of things. First of all, when I asked her about our opposition day and whether she was going to make those days short, she stood and said to my colleague, the House leader for the NDP, as well as to me, that somehow our behaviour earlier in this Parliament was the reason she was going to punish us with shorter days.

That speaks volumes, and not in a positive way, to the utter lack of respect the Liberals, under the leadership of the Prime Minister and the government House leader, have for the work we do in the opposition. We are not doing anything on this side of the House outside of the rules. We are using the rules, mechanisms and the tools we have to hold the government to account. What is the answer from the government to that? It is going to punish the opposition because it can. It is going to punish the opposition by giving us a very short day and not extend our hours of opposition. That answer was very indicative of the attitude of the Liberal government and the Liberal Party in general to this House of Commons and Parliament.

Secondly, when the government House leader was giving answers about debate, she talked about members of Parliament repeating themselves or speaking about partisan issues. She felt that that was when she should tell her members not to speak quite as long and that they should shut down their comments. Are we now in a new day and age when the Liberal House leader will tell duly elected members of Parliament that they should not use all of their time, and that she is going to shut down the opposition as well because she thinks that what we are saying is not relevant and that we are repeating ourselves?

When the Prime Minister appointed the House leader to her position three years ago, a lot of us had concerns because she was a very newly elected MP. She had not been in the House as a backbencher or sat on committees. She had been in her role for I think 70 days or so. She has really done a commendable job in that time with the hand she has been dealt. However, I do believe that with her comments that I mentioned, it is clear that is the message she is getting from the top. That is what she is hearing from the Prime Minister and the people at the top who direct her. She has been told by them to shut the backbenchers down. If members are talking too much on our side, she is to shut them down, as well as do whatever she can to shut down the opposition.

At the end of the day, the Liberals are in charge and are the bosses, so they are going to tell people what to think and members of Parliament what they can and cannot say. If they are talk too much or for too long, or the Liberals think their remarks are repetitive or partisan, because God forbid, Conservatives act like Conservatives and New Democrats act like NDP, they must be shut down. The Liberals are clearly partisan, but the Liberal belief is that if something does not align with what they think, then it must be dismissed and shut down. We have seen that on a number of occasions.

Sadly, the House leader's comments in the last few minutes regarding opposition days and that she is going to punish us, as well as telling her own members not to speak because it would be repetitive, are absolutely unbelievable and a very sad reflection of what we have seen over the last four years.

Now here we are. We have all returned from another May constituency week to another Liberal motion to extend our sitting hours. I have already acknowledged, and will say for the record, that our previous Conservative government did the same thing in 2013 and 2014.

In the last election year, 2015, however, we did not have to extend our sitting hours, because we managed the House in an efficient, respectful way. Stephen Harper's government had a well-managed parliamentary agenda. His House leader, my former colleague, the very well-respected Peter Van Loan, would often remind the House of the ambition to have a hard-working, orderly and productive Parliament. That is what Canadians enjoyed up until the 2015 election.

Since then, things have changed, and they have changed drastically. That change is where the seeds for today's motion were planted. In came a new Prime Minister in late 2015, heavy on charm and light on substance, as it would turn out. One government, ours, with a track record of delivering, was replaced by a government obsessed with something called “deliverology”. Do members remember those days? I think my colleagues opposite were also kind of interested in what deliverology meant and where it was going to take us.

Deliverology was like a lot of things from the government. There are a lot of buzzwords. No matter how many buzzwords the failed Liberal government has repeated, it has conjured up pretty well zero results.

Let us go through some of those buzzwords, because they really are interesting to reflect on. Let us look at what was presented to Canadians, what was advertised and what was actually delivered, which was not as advertised.

Let us begin with the buzzwords “hope” and “hard work”. I am afraid the Liberals put way too much emphasis on a lot of hope and very little emphasis on hard work.

There were some things they worked hard on. The Liberals worked very hard on mastering government by Instagram and Twitter. They worked hard on posturing and, unfortunately, on dividing Canadians. The Liberals worked hard on finding ways to run endless deficits, to the point where it would take decades for the budget to balance itself, as our Prime Minister said. The Liberals have also worked hard on virtue signalling. In fact, they have that one down to an art form.

What about actual hard work and actual accomplishments here in the House of Commons? So far in this Parliament, 48 government bills, other than routine appropriation bills approving spending, have received royal assent, with 17 more passed by the House. Some of these bills were simply matters initiated by us, the previous Conservative government, such as a number of the bills related to the border. Those were bills we initially brought forward.

There were also free trade agreements, such as with the European Union and the Trans Pacific Partnership, as well as bills on victims' rights in the military justice system. Obviously, we agreed with those bills. We basically brought the government to the one yard line, and it took it across the finish line. The Conservatives know that we did the heavy lifting, but we were in agreement with those bills. Those are among the bills the government passed.

These numbers are also in spite of the government regularly using time allocation and relying on omnibus bills, even though that flies in the face of all the sanctimony the Liberals have thrown our way. Let us remember that. Let us remember that during the 2015 election, the Conservatives were preached at by the then-Liberal candidate, soon to be the Prime Minister, about how Parliament was going to be respected. He was not going to use time allocation. The Liberals would not be using omnibus bills, and they would allow parliamentarians to have their say. Let us remember the sanctimony.

By comparison, when the 41st Parliament drew to a close, a total of 95 government bills, other than appropriation bills, had received royal assent. That was under the Conservative government.

The contrast gets no better for the Liberals when it comes to private members' bills. Since the 2105 election, 20 private members' bills have received royal assent. At the close of the previous Parliament, 41 private members' bills had become law. That is why the previous Conservative government was able to claim that it had posted the strongest legislative results in a generation. No matter how many midnight sittings the Liberals plan, they simply will not be able to match our record.

I think of all the time the Liberal government has wasted. I think back to a year and a half ago when the Liberal government tried to bring forward changes to the Standing Orders. Those changes would have given us a four-day work week, when the rest of Canadians work all week long. The Liberals wanted us to get Fridays off. The Liberals wanted to make changes so that the Prime Minister would not have to come and answer questions in this place.

The Liberals wanted to make a number of massive changes, and they fought tooth and nail for them. Thankfully, between the NDP and the Conservatives, we were able to put a halt to that. With the small tools we had that they had not tried to take away, we were able to stop that.

We have seen, again, the lack of hard work on matters of substance that needed to be completed in the House of Commons on the legislative agenda. It never really happened. That is one buzzword we heard.

Here is another buzzword we were all really interested in. That was “Canada is back”. Do members remember that one? Boy oh boy. That one has not turned out well at all.

Right now, under the present Prime Minister, Canada has probably fewer friends than ever. The Prime Minister has managed to tick off and offend just about every one of our major friends and allies. It has been shameful to watch. We know that we will have our work cut out for us when the Conservatives win government in October. We will once again restore respectful, principles-based foreign policy on the world stage so that countries around the world know that they can respect us. They will know that we are not just lecturing them. We will have a relationship with our trusted allies, and we will build on those relationships.

The Liberals first talked a big game on peacekeeping, then they stalled and dithered. Then, when the rubber had to hit the road, they put forward a token effort, limited in time and scale, yet quite dangerous and misaligned with Canada's national interests.

In the NAFTA talks, the Prime Minister capitulated and failed to get Canada a better deal. Instead of negotiating, the Liberals focused on opportunistic leaks, photo ops and sound bites.

The Liberal leader, in the presence of the Japanese Prime Minister, twice mistook him as a representative of China. Do members remember that? That was only a few weeks ago. I am still shocked by that.

Then there was the strident, knee-jerk virtual signalling tweet sparking a diplomatic standoff with Saudi Arabia, with ramifications in a range of areas, including front-line health care in Canada.

Speaking of social media, the Prime Minister's infamous “Welcome to Canada” tweet sparked a massive, unprecedented surge in illegal border crossings into Canada.

In foreign relations, we were told what wonderful doors would open in China for Canada with the arrival of the new Liberal government. Tell that today to canola farmers. Tell that to our pork farmers. Tell that to any number of Canadian businesses, large or small, trying to do business in China. Tell that to individual Canadians who have been harassed by the Chinese government, denied visas, detained and arrested on political grounds.

Of course, there was the Prime Minister's unforgettable trip to India. It was a seven-day trip with half a day of government meetings. Each outfit was more colourful than the last; each development was more embarrassing than the previous one. The Prime Minister spent tens of thousands of dollars flying in a celebrity chef to cook supper, a celebrity chef who happens to be on his hand-picked Senate selection panel.

However, that was hardly the worst. The Prime Minister invited a convicted attempted murderer to hobnob with him at two receptions, and when that was discovered, the fingers started pointing. Wow. Of all the things that happened in the Liberal government, when we look back at the India trip, it was probably one of the most embarrassing for Canadians, not only because of what their Prime Minister did in India but because of the aftermath and the blame that was levelled. It started with it being a backbencher's fault. The Prime Minister threw one of his own backbenchers under the bus. He does that quite often.

Then it was an Indian government plot, then maybe it was someone else. In the end, Daniel Jean announced his retirement. In no circumstance would the Prime Minister fess up and acknowledge that he had blown it and that his office had blown it with a bad decision and bad judgment.

God forbid that the Prime Minister would actually apologize for something he did. He will apologize for all kinds of things, but there have been so many opportunities, as we have seen in the last four years, when he has done things that are wrong, when he has done things that are unethical and when he has done things that are on the borderline of illegal. That remains to be seen. He has fired people. He has treated people disrespectfully. He has done things that have shocked and appalled us.

The India trip was one of those where the Prime Minister could have stood up and said, “I am sorry. I made a mistake. I have issues with bad judgment. I'm trying to learn from my mistakes. All of you are paying for it, but I am human. I err a lot." He should have said that, but no, he did not. Everyone else got the blame.

Saying “Canada is back” really has not panned out very well, has it? It certainly did not help the Liberals advance their agenda here in Parliament.

Let just try another one on for size. How about “Sunny ways, my friends. Sunny ways”? Do members remember that one?

To start with, I think this is one of the things that has disturbed Canadians across the board, even those who voted for the Prime Minister. There were a lot of people, obviously millions of Canadians, who voted for the Prime Minister, believing him, believing his promises, believing that he was a fresh face who was going to do things differently. One of the things that is so frustrating and disappointing is his lack of ability to really embrace diversity. People may wonder how I can say that, because the Prime Minister always says that diversity is our strength. Just like everything with the Prime Minister, he says one thing with his words, but his actions are completely different.

The Prime Minister has very little tolerance for diversity of thought and different opinions. He wants to embrace diversity when it is easy for him and when it might help him score some political points. However, if an individual dares to disagree with him, that is when his real character seems to be exposed.

One of those items became very clear when illegal border crossers started crossing into Canada. There were a lot of concerns. A lot of Canadians, including in my riding, have been doing a wonderful job helping refugees who are coming into this country who need solace, who need protection and who need to be able to be in a country where they can live, worship and raise their families. Canada is welcoming them. We have so many private sponsors and Canadians across the country who are helping them, but there have been concerns raised about people coming across the border illegally. However, the minute these concerns were expressed, the Prime Minister, Prime Minister “Sunny Ways”, began the reckless name-calling, calling people racist, or, as his minister said, “un-Canadian”. It is un-Canadian if someone dares to ask questions of the government.

We will remember the Canada summer jobs attestation, where if one disagreed with the government on matters of conscience, one would not be allowed to have government funding. So much for diversity, again.

We should have seen this from the very early days and early months of this Parliament, when the Prime Minister almost lost a vote, and certainly lost his temper. Everyone will remember, after his legislation to help his friends at Air Canada squeaked through on the Speaker casting a vote, the Liberals proceeded with the draconian and outrageous Motion No. 6. Does everyone remember Motion No. 6? I think we all remember Motion No. 6, an outrageous and scandalous power play to silence the opposition and sideline critics.

In the midst of the uproar over Motion No. 6, the Prime Minister, as everyone will recall, stormed across the floor of the House, jostled some MPs who were slowing down his day and fiercely elbowed one of my colleagues. It was clear then that this was a prime minister who would have his way when he wanted it. We understood those words just recently with respect to the SNC-Lavalin scandal and how the Prime Minister would ensure he would get his way. We saw this tactic coming, foreshadowed by Motion No. 6.

Then, a year later, the government House leader released the so-called discussion paper, which I alluded to earlier, about standing order changes. It was a naked power grab that her colleagues on the procedure and House affairs committee were keen to rush through.

I also remember the government noting that committees were free to do what they wanted to do. That has become the biggest punchline around this place. Committees are not free to do what they want to do. They are completely directed by the Prime Minister. We saw that at the procedure and House affairs committee regarding the Standing Orders.

This would have eliminated 20% of question periods, would have the Prime Minister show up once a week, would have silenced the opposition at committees and would have created a new time allocation on steroid procedure. Thanks to the efforts of the opposition, the Liberals would back down some six week later on the worst parts of their proposal. That did not represent a very sunny ways type of government.

With respect to name-calling, I want to mention something particularly disturbing. We heard the finance minister call our deputy leader a “neanderthal” because she dared challenge him on some of the policies he was bringing forward. Then the Prime Minister called her an “ambulance chaser”. I think that was during the time when we were asking why in the world Terri-Lynne McClintic was being moved to a healing lodge. At around that time, the Prime Minister called the Conservatives ambulance chasers.

Not only are the Liberals trying to shut us down in what we do in the House of Commons, but they are trying to shut down Canadians through this name-calling. We have been specifically called names by the Prime Minister, again, with no apologies at all. I think the former attorney general has also been victim to the same kind of thing. She has been accused of things, called names, maligned and has not been able to defend herself. She not only has not received an apology from the Prime Minister, but has not been able to defend herself.

This brings to mind somebody else who needs an apology from the Prime Minister. In all honesty, this man more than anybody deserves an apology from the Prime Minister, and it is Vice-Admiral Mark Norman.

All of us on this side are used to these kinds of attacks from the Liberals and the Prime Minister, but not Vice-Admiral Mark Norman, who has served his country with such distinction. Before any charges were even brought against him, the Prime Minister was already saying the issue would go before a court. It looked as if the Prime Minister and the PMO tried to bankrupt him. They accused him of things and put him and his family through such an emotional ordeal. I am sure it affected his family's physical health, financial, mental health and reputation. It is absolutely disgusting to see what the Prime Minister and his minions did to Vice-Admiral Mark Norman.

I do not like that the Conservatives were called neanderthals and ambulance chasers and that Canadians were called racists and un-Canadian, but above anyone, Vice-Admiral Mark Norman deserves an apology from the Prime Minister. All of us, including those on this side, need to remind the Prime Minister that before he writes up any more apologies to anybody else, for whatever reason he thinks might do him well politically, he needs to apologize to that man, this honourable Canadian. He needs to show the courage that he should have as a prime minister and apologize to Vice-Admiral Mark Norman.

The actions and this attitude reflected in the Liberals' relationship with Parliament have only served the paralyze the House, not facilitate the passage of an agenda. As I said, so much for sunny ways.

I have given a few examples of all these empty gestures and slogans, but I want to highlight a few of them.

The next one is, “better is always possible”. That was another one from the government. After watching how the Liberal government has approached the criminal justice system, I cannot help but think this. After the Liberals leave office, things will get better for Canadians on a lot of fronts. Better will definitely be possible.

For example, the Prime Minister sees the criminal justice system as a toy. We saw the Prime Minister weigh in and condemn a unanimous jury verdict that he did not like in Saskatchewan. However, that was just small potatoes, as we would learn later.

As I said, Vice-Admiral Mark Norman would be charged with the breach of trust. That was his interference in that case. The charge was not a surprise, of course. The Prime Minister had been musing for months, a year actually, that Mark Norman would end up before the courts. How could he have known that?

He had demanded an investigation into an embarrassing leak that some members in the Liberal cabinet were looking to do the bidding of well-connected friends. The RCMP had clear signals from the very top that something must be done. Therefore, once before the courts, the government denied the vice-admiral access to the material he needed to defend himself. He was not even allowed access to his own emails. Things kept getting worse and worse for the Liberals. Finally, a well-respected MP, the Prime Minister's former chief whip, announced he would testify against the government. Days later, the charges were withdrawn.

I refer back to that case because I want to link it to the SNC-Lavalin affair. Even though a lot has been said, again it very much shows the disrespect of the Prime Minister.

In short, the Prime Minister wanted yet another friendly corporation to enjoy the blessings of its well-groomed Liberal connections. Amendments to the Criminal Code, as members will recall, to let SNC-Lavalin off the hook from a trial for foreign corruption and a ban on government contracts were shoved into a mammoth omnibus budget bill, the very thing Liberals swore off, and whisked through Parliament last spring. However, the Liberals were stumped, even though they got this bill passed. The director of public prosecutions was simply not going to do what the Liberals expected her to do.

Therefore, the Prime Minister set all kinds of pressure from various angles upon the former attorney general to get her to overrule the Public Prosecution Service, but she was not going to do it. She said no to the Prime Minister. How dare she, but she did. She said no not only to the Prime Minister, she told the finance minister that he and his staff needed to back off. She told the Prime Minister, his chief of staff and the clerk of the Privy Council, as we all heard on that tape, to back off, that they were interfering.

However, let us remember that the Prime Minister is used to having his way all the time. Some people who feel they are entitled and have never had to go through a hardship in their life and have a lot of privilege are used to getting their way. Clearly, the Prime Minister is one of those. When the former attorney general stood up to him and stood by her respect for the rule of law in Canada, she stood up to political interference in the criminal justice system. For that, she got fired. Sadly, we have not been able to hear her full story because the Prime Minister has not waived that privilege, but we have seen enough that we can connect the dots. We can see that when she was fired as attorney general and moved to Veterans Affairs, that was the reason why.

Thankfully, courageously, all of this has been exposed. Although we still do not have the full truth of what the Prime Minister has done, again it has shown Canadians that the Prime Minister is not at all as advertised. So much for hope and hard work, so much for sunny ways, so much for diversity, so much for tolerance, all of that is a sham under the Prime Minister.

We do hope the Prime Minister will one day lift the gag order. If he will not, the next prime minister probably will, and I think there will be an opportunity for that to happen. Canadians will hear the truth at one point or another.

What happened? Both the former attorney general and the former president of the Treasury Board stood up to the Prime Minister. and not only did they get fired and resign from their positions, they got kicked out of the Liberal caucus in violation of the Reform Act, again in violation of the law. That is a day in the life of the Prime Minister.

How many laws did he break with respect to conflict of interest and ethics? Four. He is the first Prime Minister in the history of Canada to break those laws. Then he broke the rules and the law regarding the Reform Act.

That entire episode gripped this entire House and paralyzed the government. It was in chaos. I think it had 10 cabinet shuffles in three weeks. The government was in absolute chaos. While there were all kinds of issues going on across the country, the Liberal government and the Prime Minister could only focus on one thing. It lost the clerk of the Privy Council. The principal adviser, Mr. Butts, resigned. It lost a number of cabinet ministers. It was in absolute chaos and shambles. We were gripped with this in the House of Commons as well.

In fact, it is the continuing mismanagement by the government that has brought the need for it to propose government Motion No. 30, which we are debating right now. It is the mismanagement that comes from the very top.

The Prime Minister is so infatuated with his own image and so focused on being a celebrity that he overlooks the substance and hard work of leading a government. That is a very sad reflection of the government and where we are in the country today. This is a prime minister who does not understand that being a prime minister is not a ceremonial role, not something just for a celebrity, but the top job in the country. It is governing not only the people of the country but the budget, the economy and foreign affairs. All of these aspects of a country like Canada should be at the forefront in the mind of the Prime Minister. Instead, he is focused on his celebrity status and getting on the pages of Vanity Fair or Vogue. Perhaps it is GQ, People or TigerBeat, if it is still a magazine. Imagine Donny Osmond and the Prime Minister on the cover of TigerBeat. He is sadly overlooking the substance and hard work of leading a government.

I have been here for almost 11 years and it really has been quite a privilege. I started as a backbencher. Backbenchers are underrated. They do such tremendous work.

I was on a committee for a number of years and learned so much about how committees worked. I was then privileged to chair a committee. That also helped me understand the rules of this place. I chaired a committee during a minority parliament. Even more so, when chairing the committee, I had to ensure I was impartial and applied the rules equally to both sides, the government members as well as the opposition, which at that point was a smaller Liberal opposition, the NDP and the Bloc. It was such a privilege to learn and work with colleagues. Then I was privileged to be a parliamentary secretary. In 2013, a number of years later, I became a minister. I believe that experience really helped me become a good minister, and now the opposition House leader.

Many of us on both sides have worked our way up from being backbench MPs to maybe working on committees and into other offices.

As I watched, I was inspired by the example set by our former prime minister, Stephen Harper, an exact opposite of the current Prime Minister. Stephen Harper knew every file backward and forward. He was not concerned about celebrity status. He wanted to connect with Canadians to know what their concerns were and to govern in a responsible way. He was an example of tireless devotion and hard work on behalf of Canadians.

The current Prime Minister has not helped his case by building a PMO where everything is reportedly bottlenecked through just one or two staff. We are hearing a lot about that. Even current Liberal MPs are very concerned with what is going on in the PMO and how decisions are being made there. As the House leader just confirmed, she tells her backbenchers whether they should shorten or lengthen their speeches.

Another example, and I already mentioned that, is the government House leader's early appointment. As I said, the hon. member for Waterloo had been here 70-some days when she was appointed as the government House leader. I felt that it sent a message. This is with respect to the House leader. She and I work well together. We certainly disagree, and I am certainly not happy that she is giving us more short opposition days, but as I said earlier, I think she has done the best she could with the hand that was dealt to her.

When the Prime Minister appoints as a House leader an individual who has been here only for 75 days, it tells all of us that he really is not very serious about getting things done. Maybe he thinks her position is just a ceremonial role as well. We certainly have seen her have to carry a lot of very difficult answers and non-answers to questions for the government. She has been put in a position where unfortunately she has lost a lot of credibility. While the Prime Minister is sitting there silently or signing autographs, she is having to defend his trip to billionaire island. While he is sitting in question period staring off into space or thinking about things, she is the one who is standing and answering or not answering very difficult questions. It is sad because I feel that the Prime Minister set her up to fail, and it is very disappointing to see that he has done that.

I did give a longer speech about this point previously. It was a speech around the Prime Minister's so-called approach to feminism, which I find to be fake. It is a lot of signalling and not true respect for the equality of women, and for us as women in this place being able to be where we are based on merit, based on our ability and our strength, being able to speak truth to power, being able to stand in this place knowing that we got here absolutely on our merit. When the Prime Minister appoints people just because they are women and then does not even respect them and listen to them, as he did with the former attorney general, we have seen time and time again that his approach to feminism is a lot of words and no action.

I am going back to the power of the PMO. I imagine the House leader has had a lot of struggles with the PMO behind the scenes trying to line up a legislative agenda and trying to get departments to hustle and bring their long-overdue proposals to the cabinet table and convert them into bills, and trying to get her colleagues to meet what a coordinated plan requires of them. However, it sounds like she is basically just telling her colleagues what to do.

News flash for them, that is not the way it happens. In the previous government, not only did we pass many private members' bills, but we had more government MPs vote against the government's position. We had more free votes than any other government. It was really quite remarkable.

I would never betray caucus confidentiality, but I will say this. I think this is a departure for the Liberals and it might be a good thing for them to think about when they are the third party again or maybe opposition after the next election, which remains to be seen, but they may want to allow their caucus members to speak their minds freely and not have to set their agenda ahead of time or allow the Prime Minister and his minions to tell them if they can speak. It is wonderful in caucus to be able to stand and not get permission, but be able to speak to the leader freely. He or she listens, and sometimes decisions are changed.

That actually happened in our previous government, and it is wonderful to be able to speak freely in our caucus to each other and to our leader. That would be a nice thing. Maybe those who have served under previous leaders like Jean Chrétien, Paul Martin or Michael Ignatieff were able to speak freely, but it does not appear that they are able to do that with the current government.

It is the Prime Minister's way, or they are out. Unfortunately, we are seeing more and more members of Parliament who were Liberals and who, under various circumstances, were disrespected and did not feel welcome anymore in the Liberal caucus. That is very sad to see.

Let us get to the next mess that the Prime Minister has made, and that is in the Senate. It is quite something to see what is happening in the Senate. The Prime Minister has a leader of the government in the Senate whom he tries to disavow. The Prime Minister has, however, done an excellent job appointing ideological fellow travellers to the Senate, though he likes to call them “independent”. At the end of the day, though, when something comes to a vote, the Prime Minister has always been able to count on his so-called independent senators' votes. However, getting there has not always been very pretty. I have to say it is a bit entertaining to watch on this side.

The real litmus test for his so-called independent Senate will be whether it heeds Liberal political imperatives in an election year, follows the spirit of Motion No. 30 and passes all of the Prime Minister's bills in the way that he wants. I guess time will tell.

In the meantime, it means that we have seen a number of Senate amendments to current legislation. Of course, at the end of the day, the Senate has backed down to the government's opinion every single time. It is quite interesting. While there is something generally reassuring about an elected House, even under the thumb of a majority government carrying the day, it has nonetheless meant that the House spends an extra two days or more on every government bill that gets bounced back from the Senate.

It is also a reflection of the government's lack of consultation with Canadians over many of its pieces of legislation. Bill C-69, Bill C-48 and Bill C-71 are all bills where, had the government just taken a little time to listen to Canadians, had it admitted that maybe it made some mistakes and had it made those adjustments, it might not be seeing the problems it is seeing with the current legislation in the Senate. However, that is what the government is getting.

The Prime Minister's mismanagement of the Senate has directly contributed to the mismanagement of the House of Commons, hence the need for government Motion No. 30. Here is the present scene: a scandal-ridden, disastrous Liberal government flailing about in the dying days of this Parliament in a rush to just do something, to get something done, something other than making pot legal. That is about the only thing the government has done, and it has actually done that pretty poorly. The legalization of cannabis is really the only notable accomplishment of the government to date. Even with that, it turned out to be a disaster.

What does the government have left to do, which it is in such a hurry to achieve? The government has horribly failed in meeting any of its lofty commitments to indigenous peoples. Now it is in a panic to rush through Bill C-91 and Bill C-92, the indigenous languages and indigenous family services legislation, so that it can say, “Look, we have done something.”

There is, of course, yet another omnibus budget bill that it is ramming through the House at this moment. The government will no doubt want to see that piece of legislation and all of its provisions to implement another promise-breaking, deficit budget through Parliament. Rumours have also started to fly that the government will seek to implement, before the election, the Canada-U.S.-Mexico agreement, the new NAFTA, where the Liberals capitulated to the American administration on replacing the North American Free Trade Agreement.

On the NAFTA negotiations, the Prime Minister wasted a once-in-a-lifetime opportunity to get a better deal. However, Conservatives worked hard to get tariffs removed, and we recognize how important free trade with the United States is. We will be voting to ratify the deal in Parliament, but the Liberals cannot take this as a licence to abuse Parliament. We are already well into the 11th hour for this Parliament. I can confidently predict that the House will not be a happy place if the implementation legislation is brought forward at the very last minute and then we are called to rush through the bill with little or no scrutiny to make fundamental changes to the world's most important bilateral economic relationship.

Again, we need the government, at this very late hour, to show some responsibility and let Canadians know, let members know, what it is planning to do with this agreement and with the ratification.

Turning to other priorities the government will seek to advance this spring, we see other economic legislation that is really hurting our economy. The government is the proud owner of a $4.5-billion pipeline, which has not even started to be built. Government members are scrambling to shore up the support of environmental activists, whose votes they heavily courted in 2015 but clearly are losing. Today we are going to be seeing the welcoming of a new member of Parliament from the Green Party. I think when the Liberals talk about an emergency, that is an emergency they are very much seized with, the emergency of their losing their so-called environmentalist vote.

However, there is some legislation that is really problematic, such as Bill C-88, which is a bill that would restrict pipeline and resource development in Canada's north. Bill C-68 would make negative changes to fisheries laws, which would result in economic activity being hampered. Bill C-48, and it is quite interesting to see what is happening in the Senate with that one, is a symbolic gesture; well, it is more than a gesture, as this bill would ban tanker traffic from part of the B.C. coast, which is where many first nations are calling for greater pipeline development and economic opportunity. At the same time, there is no proposed tanker ban on the east coast, where Saudi Arabian and Venezuelan oil is coming to Canada.

Of course, there is Bill C-69, the no-more-pipelines bill, which would absolutely stop any energy infrastructure development in Canada. We have heard from experts, stakeholders, provinces and first nation groups that Bill C-69 is an absolute disaster for this country. We would not have any more pipelines built. They will be built in other countries. Canada will miss this window of opportunity. Again, the government does not seem to understand the consequences of its actions. However, I understand there have been many amendments by the Senate, up to 200 amendments, so it will be interesting to see if those are overturned by the Liberals, who are hoping to regain their environmentalist votes.

In Canada, majority government policies are usually assured of being put into place. Therefore, the shadow cast by these bills has, unfortunately, already done a huge amount of damage in our resource sector and in other parts of our country, putting a chill on investment and development long ahead of these bills becoming law.

Adding to that is the sad, sorry spectacle of the duelling climate emergency motions before the House this month, which is another interesting thing to watch. Before Victoria Day, the New Democrats put forward an opposition day motion declaring a climate emergency, and the Liberals defeated it. Lo and behold, the very next day, the Liberals brought forward their own climate emergency motion, which we debated for just a few hours. Then, the day after, they were on to something else, and the Prime Minister was flying somewhere in his jet. Can members imagine that there is a climate emergency and the Prime Minister gets on his jet and flies away? It is pretty unbelievable. I call that a high-carbon hypocrite.

Here we are this morning, back from our constituency break. Where is the emergency debate? I do not see it. The government's emergency is worrying about what is happening on its left flank, worrying about the senators and worrying about getting legislation through. However, this morning we have this debate, which is something different still. This afternoon, the Liberals are going to squeeze in another two or three hours on their climate emergency, hoping that some of their environmentalists are listening and they can fool them into thinking they care about the environment, when in fact the only plan the Liberals have for the environment is a tax plan. Who knows? The motion goes back into the parliamentary ether under the who-knows-when category.

I think this is just a political emergency. As I mentioned, the Green Party won a by-election on Vancouver Island, with the Liberal candidate running fourth, which is really quite something. I think the Liberals are very worried. They have to be worried about what is going on in B.C. The Prime Minister, as I said, scrambled and stuck something in the window to look like he was doing something. It is sort of fun to watch them do this.

I know what the Liberals are going to do. The Minister of Environment and Climate Change actually mentioned it on the weekend. Their approach, according to the minister, is that if they stand in the House and say it loud enough, as well as yell it in question period, Canadians will just believe it. Now we know why the Prime Minister and that minister stand and yell. It is sad to say, but they believe that if they say it loud enough and yell it enough times in this place that Canadians will believe it. That is horrible. It is cynical, disrespectful and shameful. I certainly hope that maybe at their next caucus meeting, some of those Liberals will have the courage to speak up to their boss, the Prime Minister, and maybe a few of their ministers, and tell them that it is about time they respect this place and respect Canadians.

Here we are debating government Motion No. 30, because the Liberals claim they are working hard to pass legislation. Then we will turn to a virtue signalling motion that will not change one law or do one thing. It is really interesting to see what the Liberal government is doing.

Let us go back to Motion No. 30. Those were my opening remarks, and now I am getting into the real substance of my speech. I appreciate the encouragement. Motion No. 30 before us today calls us to sit until midnight on four days a week, as well as for most votes to take place after question period. These are understandable. We were in government and understand it, but we did not have to do it in 2015. We were able to manage things so efficiently under Peter Van Loan and Stephen Harper that we did not extend into night sittings in the summer of 2015. However, for all the reasons I have pointed out, the Liberals had to.

Some of these measures can be understood by us, as Conservatives, as they are things we have asked the House to do. There is one addition to the motion that is truly a nice one, and I am going to compliment the government on it. There is a provision in this motion to have a couple of evenings that are dedicated to statements by retiring members from all sides. We will have the opportunity to set aside partisanship for a short period of time to hear the farewell speeches by our departing colleagues. That is something we do not always get to enjoy when we have one-off statements made in the midst of one political battle or another. I am really glad to see that provision. There are members on every side of the House who are retiring and not running again for various reasons. In the last Parliament, we set aside a couple of evenings for those members, who could invite their families, friends and staff members. It is a really good thing and I am grateful. I thank the government for putting that provision into this motion.

However, the motion is not perfect. This is where I am going to discuss the parts of the motion that we do not like and believe are a greedy approach on behalf of the Liberals. I have already talked about 2017 and 2018 when the government motion proposed reducing opposition days to opposition half days. We objected then, and we object again.

This year's motion is very aggressive in some other ways also. The rules normally require report stage votes and third reading debate to occur on separate days. Under government Motion No. 30, that waiting period would be eliminated. Again, this is another way that the government can rush through legislation.

With regard to the way that the previous motion on extended hours worked, there was a one-day delay between a vote on the previous question and a vote on the main motion. That would be eliminated under government Motion No. 30. In previous years, all dilatory motions were banned after 6:30 p.m., but now ministers would be allowed to propose them. The government wants us to sit late every night, yet wants to keep for itself the power to send us home early.

On the last opposition day in each supply period, we vote on the estimates. That is when we go through the government spending plan line by line and approve the items. Unfortunately for the current government, these have often fallen at times when the government was being particularly arrogant, like in March when the Liberals were insisting on preventing the members for Vancouver Granville and Markham—Stouffville from speaking. Therefore, we did have to hold the government's feet to the fire and we triggered marathon voting, which is one of the very few devices left for us to make our disagreements felt.

Now, government Motion No. 30 would create a backdoor procedural trick to group and apply these votes. That is in an effort to spare the Liberals from standing and voting for their spending proposals, and that is if a voting marathon even happens this spring. Again, this is one of the small tools we have to hold the government to account and draw attention to what the government is doing. The Liberals have taken that away as well. It is shameful. The takeaway from this is that while the Liberals are setting long hours, they want to make light work. Again, it is a lot of hope but very little hard work.

There is also one small curious difference between this motion and those from the previous years. Normally, when a concurrence debate is interrupted, the government has 10 sitting days to reschedule the conclusion of that debate. Under past motions for extended hours, whether Liberal or Conservative, that 10 days has been increased to 20 days to avoid further extending some House sittings from 2 a.m. to 3 a.m. Instead, the government motion proposes 31 sitting sitting days, not 20. It is an interesting little change, nuance, in this motion. Since there are only 20 scheduled sittings days left, that tells me one thing: The Liberal government now recognizes it has mismanaged its agenda so badly that it could be preparing for the House to have a summer sitting. I am wondering if all the Liberal members were aware of that little nugget. Again, it is going to be a matter of our watching this space to see what happens.

Finally, something that is not in the motion also has us concerned. That is the prospect of amendments to the Standing Orders getting rammed through this spring under the cover of midnight sittings. On one hand, there is a private member's motion, Motion No. 231, sponsored by the member for Pierrefonds—Dollard. It did not come through this morning, but many of us have had a chance to look at that private member's motion and have to wonder if it is not under the direction or the support of the Liberals. The Liberal government did—

Extension of Sitting HoursGovernment Orders

May 27th, 2019 / noon
See context

Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

moved:

That, notwithstanding any Standing Order or usual practice of the House, commencing upon the adoption of this Order and concluding on Friday, June 21, 2019:

(a) on Mondays, Tuesdays, Wednesdays and Thursdays, the ordinary hour of daily adjournment shall be 12:00 a.m., except that it shall be 10:00 p.m. on a day when a debate, pursuant to Standing Order 52 or 53.1, is to take place;

(b) subject to paragraph (e), when a recorded division is requested in respect of a debatable motion, including any division arising as a consequence of the application of Standing Order 61(2) or Standing Order 78, but not including any division in relation to the Business of Supply or arising as a consequence of an order made pursuant to Standing Order 57, (i) before 2:00 p.m. on a Monday, Tuesday, Wednesday or Thursday, it shall stand deferred until the conclusion of Oral Questions at that day’s sitting, or (ii) after 2:00 p.m. on a Monday, Tuesday, Wednesday or Thursday, or at any time on a Friday, it shall stand deferred until the conclusion of Oral Questions at the next sitting day that is not a Friday, provided that, if a recorded division on the previous question is deferred and the motion is subsequently adopted, the recorded division on the original question shall not be deferred;

(c) notwithstanding Standing Order 45(6) and paragraph (b) of this Order, no recorded division in relation to any government order requested after 2:00 p.m. on Thursday, June 20, 2019, or at any time on Friday, June 21, 2019, shall be deferred;

(d) the time provided for Government Orders shall not be extended pursuant to Standing Order 45(7.1) or Standing Order 67.1(2);

(e) when a recorded division, which would have ordinarily been deemed deferred to immediately before the time provided for Private Members’ Business on a Wednesday governed by this Order, is requested, the said division is deemed to have been deferred until the conclusion of Oral Questions on the same Wednesday;

(f) any recorded division which, at the time of the adoption of this Order, stands deferred to immediately before the time provided for Private Members’ Business on the Wednesday immediately following the adoption of this Order shall be deemed to stand deferred to the conclusion of Oral Questions on the same Wednesday;

(g) a recorded division requested in respect of a motion to concur in a government bill at the report stage pursuant to Standing Order 76.1(9), where the bill has neither been amended nor debated at the report stage, shall be deferred in the manner prescribed by paragraph (b);

(h) for greater certainty, this Order shall not limit the application of Standing Order 45(7);

(i) when one or several deferred recorded divisions occur on a bill at report stage, a motion, “That the Bill be now read a third time and do pass”, may be made in the same sitting;

(j) no dilatory motion may be proposed after 6:30 p.m., except by a Minister of the Crown;

(k) notwithstanding Standing Orders 81(16)(b) and (c) and 81(18)(c), proceedings on any opposition motion shall conclude no later than 5:30 p.m. on the sitting day that is designated for that purpose, except on a Monday when they shall conclude at 6:30 p.m. or on a Friday when they shall conclude at 1:30 p.m.;

(l) during consideration of the estimates on the last allotted day, pursuant to Standing Order 81(18), when the Speaker interrupts the proceedings for the purpose of putting forthwith all questions necessary to dispose of the estimates, (i) all remaining motions to concur in the Votes for which a notice of opposition was filed shall be deemed to have been moved and seconded, the question deemed put and recorded divisions deemed requested, (ii) the Speaker shall have the power to combine the said motions for voting purposes, provided that, in exercising this power, the Speaker will be guided by the same principles and practices used at report stage;

(m) when debate on a motion for the concurrence in a report from a standing, standing joint or special committee is adjourned or interrupted, the debate shall again be considered on a day designated by the government, after consultation with the House Leaders of the other parties, but in any case not later than the 31st sitting day after the interruption; and

(n) Members not seeking re-election to the 43rd Parliament may be permitted to make statements, on Tuesday, June 4, and Wednesday, June 5, 2019, at the expiry of the time provided for Private Members’ Business for not more than three hours, and that, for the duration of the statements, (i) no member shall speak for longer than ten minutes and the speeches not be subject to a question and comment period, (ii) after three hours or when no Member rises to speak, whichever comes first, the House shall return to Government Orders.

Mr. Speaker, I rise today to speak to Motion No. 30, which allows for the extension of the sitting hours of the House until we rise for the summer adjournment.

I rise today to speak to Motion No. 30. This motion would allow for the extension of sitting hours of the House until we rise for the summer adjournment. There is a clear and recent precedent for this extension of hours to give the House more time to do its important work. It occurred last year at this time and also the year before that. As well, in the previous Parliament, the hours of the House were extended in June 2014.

Four years ago, our government came forward with an ambitious mandate that promised real change. Under the leadership of our Prime Minister, our government has introduced legislation that has improved the lives of Canadians from coast to coast to coast. However, we have more work to do.

So far in this Parliament, the House has passed 82 government bills, and 65 of those have received royal assent. The facts are clear. This Parliament has been productive. We have a strong record of accomplishment. It is a long list, so I will cite just a few of our accomplishments.

Bill C-2 made good on our promise to lower taxes on middle-class Canadians by increasing taxes on the wealthiest 1% of Canadians. There are nine million Canadians who have benefited from this middle-class tax cut. This tax cut has been good for Canadians and their families. It has been good for the economy and good for Canada, and its results have been better than advertised. On our side, we are proud of this legislation. We have always said that we were on the side of hard-working, middle-class Canadians, and this legislation is proof of exactly that.

As well, thanks to our budgetary legislation, low-income families with children are better off today. We introduced the biggest social policy innovation in more than a generation through the creation of the tax-free Canada child benefit. The CCB puts cash into the pockets of nine out of 10 families and has lifted nearly 300,000 Canadian children out of poverty.

Early in this Parliament, in response to the Supreme Court of Canada, we passed medical assistance in dying legislation, which carefully balanced the rights of those seeking medical assistance in dying while ensuring protection of the most vulnerable in our society.

Also of note, we repealed the previous government's law that allowed citizenship to be revoked from dual citizens. We also restored the rights of Canadians abroad to vote in Canadian elections.

We added gender identity as a prohibited ground for discrimination under the Canadian Human Rights Act. Also, passing Bill C-65 has helped make workplaces in federally regulated industries and on Parliament Hill free from harassment and sexual violence.

We promised to give the Office of the Parliamentary Budget Officer the powers, resources and independence to properly do its job. We delivered on that commitment through legislation, and the PBO now rigorously examines the country's finances in an independent and non-partisan manner.

Through Bill C-45, we ended the failed approach to cannabis by legalizing it and strictly regulating and restricting access to cannabis, as part of our plan to keep cannabis out of the hands of youth and profits out of the pockets of organized crime. Along with that, Bill C-46 has strengthened laws to deter and punish people who drive while impaired, both from alcohol and/or drugs.

These are just some examples of the work we have accomplished on behalf of Canadians.

We are now heading into the final weeks of this session of Parliament, and there is more work to do. Four years ago, Canadians sent us here with a responsibility to work hard on their behalf, to discuss important matters of public policy, to debate legislation and to vote on that legislation.

The motion to allow for the extension of sitting hours of the House is timely, and clearly it is necessary. We have an important legislative agenda before us, and we are determined to work hard to make even more progress.

Passage of this motion would give all members exactly what they often ask for: more time for debate. I know every member wants to deliver for their communities and this motion will help with exactly that. We have much to accomplish in the coming weeks and we have the opportunity to add time to get more done.

I would like to highlight a few of the bills that our government will seek to advance.

I will start with Bill C-97, which would implement budget 2017. This budget implementation act is about making sure that all Canadians feel the benefits of a growing economy. That means helping more Canadians find an affordable home, and get training so that they have the skills necessary to obtain good, well-paying jobs. It is also about making it easier for seniors to retire with confidence.

Another important bill is Bill C-92, which would affirm and recognize the rights of first nations, Inuit and Métis children and families. The bill would require all providers of indigenous child and family services to adhere to certain principles, namely the best interests of the child, family unity and cultural continuity. This co-drafted legislation would transfer the jurisdiction of child and family services delivery to indigenous communities. This is historic legislation that is long overdue.

We have another important opportunity for us as parliamentarians, which is to pass Bill C-93, the act that deals with pardons as they relate to simple possession of cannabis. As I mentioned, last year we upheld our commitment to legalize, strictly regulate and restrict access to cannabis. It is time to give people who were convicted of simple possession a straightforward way to clear their names. We know it is mostly young people from the poorest of communities who have been targeted and hence are being left behind. This bill would create an expedited pardon process, with no application fee or waiting period, for people convicted only of simple possession of cannabis. Canadians who have held criminal records in the past for simple possession of cannabis should be able to meaningfully participate in their communities, get good and stable jobs and become the contributing members of our society that they endeavour to be.

Meanwhile, there is another important bill before the House that we believe needs progress. Bill C-88 is an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act. This legislation only impacts the Northwest Territories, and its territorial government is asking us to act. This legislation protects Canada's natural environment, respects the rights of indigenous people and supports a strong natural resources sector. This bill will move the country ahead with a process that promotes reconciliation with indigenous peoples and creates certainty for investments in the Mackenzie Valley and the Arctic.

Earlier this month, our government introduced Bill C-98, an act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act. This bill would create civilian oversight of the Canada Border Services Agency. It would provide citizens with an independent review body to address complaints about the CBSA, just as they now have complaint mechanisms in place for the RCMP. Let me remind members that it was our government that brought forward Bill C-22 that established the national security intelligence committee of parliamentarians, which has tabled its first annual report to Parliament. We are committed to ensuring that our country's border services are worthy of the trust of Canadians, and Bill C-98 is a significant step towards strengthening that accountability.

We have taken a new approach. We, as a government, have consulted with Canadians when it comes to our legislation. We have seen committees call witnesses and suggest amendments that often times improve legislation, and we, as a government, have accepted those changes. We were able to accomplish this work because we gave the committees more resources and we encouraged Liberal members to do their work.

Likewise, currently there are two bills that have returned to the House with amendments from the Senate. I look forward to members turning their attention to these bills as well. One of those bills is Bill C-81, an act to ensure a barrier-free Canada. Our goal is to make accessibility both a reality and a priority across federal jurisdictions so that all people, regardless of their abilities or disabilities, can participate and be included in society as contributing members. Bill C-81 would help us to reach that goal by taking a proactive approach to getting ahead of systemic discrimination. The purpose of this bill is to make Canada barrier free, starting in areas under federal jurisdiction. This bill, if passed by Parliament, will represent the most significant legislation for the rights of persons with disabilities in over 30 years, and for once it will focus on their abilities.

The other bill we have received from the Senate is Bill C-58, which would make the first significant reforms to the Access to Information Act since it was enacted in 1982. With this bill, our government is raising the bar on openness and transparency by revitalizing access to information. The bill would give more power to the Information Commissioner and would provide for proactive disclosure of information.

There are also a number of other bills before the Senate. We have respect for the upper chamber. It is becoming less partisan thanks to the changes our Prime Minister has made to the appointment process, and we respect the work that senators do in reviewing legislation as a complementary chamber.

Already the Senate has proposed amendments to many bills, and the House has in many instances agreed with many of those changes. As we look toward the final few weeks, it is wise to give the House greater flexibility, and that is exactly why supporting this motion makes sense. This extension motion will help to provide the House with the time it needs to consider these matters.

There are now just 20 days left in the parliamentary calendar before the summer adjournment, and I would like to thank all MPs and their teams for their contributions to the House over the past four years. Members in the House have advanced legislation that has had a greater impact for the betterment of Canadians. That is why over 800,000 Canadians are better off today than they were three years ago when we took office.

We saw that with the lowering of the small business tax rate to 9%, small businesses have been able to grow through innovation and trade. We see that Canadians have created over one million jobs, the majority of which are full-time, good-paying jobs that Canadians deserve. These are jobs that were created by Canadians for Canadians.

That is why I would also like to stress that while it is necessary for us to have honest and vibrant deliberations on the motion, Canadians are looking for us all to work collaboratively and constructively in their best interests. That is exactly why extending the hours will provide the opportunity for more members to be part of the debates that represent the voices of their constituents in this place, so that we continue to advance good legislation that benefits even more Canadians.

It has been great to do the work that we have been doing, but we look forward to doing even more.

May 16th, 2019 / 12:55 p.m.
See context

Conservative

The Vice-Chair Conservative Cathy McLeod

Thank you.

Thank you to the witnesses who have come a long way to participate in a very important hearing.

I believe that this ends not only this particular session but the panels that we'll be having on Bill C-88.

Again, I think it was great to have you to finish it off. Thank you.

The meeting is adjourned.

May 16th, 2019 / 12:50 p.m.
See context

Tlicho Government

Grand Chief George Mackenzie

Thank you for the question.

When we listen to the question that you just asked, you have to think back that our advisers are our elders. They are the ones who give us a lot of advice on how we do things on the land. The elders always said that one of the worst things to do is to bring people to court: “Everybody gets hurt when you go to court. Try to avoid court if you can. One of the best things you can do when you talk to the other side of the table—industry, government—is to show kindness and respect and try to understand each other to go forward.”

That's the way we want to approach things. We want the injunction to be lifted. We want Bill C-88 to be supported today in our Tlicho world, as well as other indigenous worlds in NWT—wherever else. We need to support development. We need to support development for the sake of our young generation to get out of poverty and have opportunities for their young families. That is so much needed.

This Bill C-88 allows that to happen. There are more certainties for industry to work on our backyard and to develop the country where it would give opportunities for young people. We live in the north. It's a harsh, cold country. The cost of living is high, and opportunities are hard to come by.

That's why we so much want to see Bill C-88 being passed as quickly as possible, and with a kind heart, this I'm sure can be done.

Masi cho.

May 16th, 2019 / 12:50 p.m.
See context

Premier of the Northwest Territories

Bob McLeod

Yes. Thank you, Madam Chair.

What we see is that Bill C-88 certainly will improve and rebuild certainty for our investors in the north. I think it will also address court injunctions from indigenous governments and will bring into force modernization amendments to the MVRMA that were first passed five years ago.

Industries have indicated to us that they're prepared to work within the modernized MVRMA. We all want to move past court injunctions and have clear rules again.

Thank you.

May 16th, 2019 / 12:50 p.m.
See context

Liberal

Yvonne Jones Liberal Labrador, NL

Thank you, Madam Chair.

Thank you all for your presentations today and for being here. I really appreciate it.

I just want to ensure that a couple of things are clear on the record.

First of all, in response to some of the questions that were asked by my colleagues, yes, the Liberals voted in support of the bill because the bill was about devolution. It was overall support for devolution that we endorsed at the time. Also at that time, we made a commitment that we would revert the changes that were arbitrarily being imposed upon the Government of Northwest Territories, its citizens and indigenous governments. That's what we're doing today. I want to clarify that as well.

What I find ironic about Bill C-88 is that the only dissenting voices we've really heard around this bill have come from the south and not from the north. It leads me to believe that we might actually have gotten this right, which is a good thing.

I read a letter that was submitted by Premier McLeod and Grand Chief Mackenzie that outlined the need to have the changes in Bill C-88 passed and implemented in this session of the House. I'd like to ask both of them if they could speak to that today and to the urgency to have those changes legislated in Canada.

Thank you.

May 16th, 2019 / 12:50 p.m.
See context

NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

In Bill C-69, there's intervenor funding included, but in Bill C-88, there is not.

May 16th, 2019 / 12:50 p.m.
See context

Paul Bachand Legal Counsel, Tlicho Government

Thank you, Grand Chief.

I am wondering if you could clarify the question. Is this about Bill C-69 or Bill C-88?

May 16th, 2019 / 12:50 p.m.
See context

NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Okay, I'd like just a quick comment, perhaps from the grand chief, about intervenor funding.

I know there's the northern participation program or whatever that provides funding for intervenors, but in Bill C-69, that was included in the actual language of the bill. I'm just wondering if you have any comments on whether you would have liked to see a clause within Bill C-88 about intervenor funding for participation in the land and water board proceedings.

May 16th, 2019 / 12:45 p.m.
See context

Premier of the Northwest Territories

Bob McLeod

When the government changed, our government approached the federal government and said that we had negotiated a five-year review of the MVRMA that would have kicked in during 2019. We approached the new government to say, “Why don't we just start the review right now?” The answer that we got was that we couldn't do it because of the injunction. Then the other answer was that we had to get the aboriginal governments onside before they would take that into consideration.

They also talked about the moratorium. The moratorium came into play. In my mind, it's the result of eco-colonialism—that's the term I use—and United States-style environmental interventions.

Now we're in a situation where we have Bill C-88. We think that the improvements that were negotiated in devolution still haven't come into force yet or that a lot of them still haven't come into force yet. I think that with Bill C-88 we'll make that happen. We can deal with the moratorium through the negotiation of co-management. I think we're getting there.

May 16th, 2019 / 12:40 p.m.
See context

NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

I'd like to thank you all for being here. It's wonderful to have you here, face to face in front of us.

I want to pick up on this whole discussion of the Bill C-15 and Bill C-88 continuum. I hear the message loud and clear that you all want Bill C-88 passed without delay, yet there has been delay. That's why we're getting a bit anxious.

Going back to Bill C-15, as you were just saying, we had a bill there that was largely about devolution. There were a lot of good things and everybody was in favour of that, yet there was almost this kind of poison pill part of it with the elimination of the regional boards. That's why the NDP didn't support Bill C-15. We felt that devolution needed to be done properly. Of course, it went to the courts because of the Tlicho, so here we are today with Bill C-88, which is a response to that court injunction.

Now they've added this other part, so again we have a bill that has two disparate parts. One part everybody seems to love, but I'm having a hard time finding anybody who supports the second part of this bill, whether it's because of the lack of consultation with indigenous people.... Industry doesn't seem to be too happy, and now we hear that environmentalists aren't that happy either. I am afraid that this is what has caused this delay.

Grand Chief and Premier, perhaps you could both respond to this question. This government came into power in 2015. The consultations around this bill went for a couple of years, or a year and a half, and were finished by the spring of 2017. We had a draft bill created in 2017, yet it was another 16 months before we saw it in the House. Do you have any insights as to why this process dragged on for so long that now we're faced with literally weeks left to make sure this happens?

May 16th, 2019 / 12:40 p.m.
See context

Premier of the Northwest Territories

Bob McLeod

I guess it was similar to our government. We had to tiptoe around the issue, because obviously devolution was a big priority for our government. The government of the day saw fit that it had to be dovetailed with this super-board, which we didn't support.

Sometimes we have to deal with the realities of the day. The aboriginal government supported devolution, but they didn't like the super-board. Now we're here today. Bill C-88 will keep the board structure intact. We have concerns about the moratorium, but we're going to deal with that through co-management negotiations.

May 16th, 2019 / 12:35 p.m.
See context

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Thank you.

Would you say that Bill C-88 helps build the welcome mat to bring industry to the Northwest Territories?

May 16th, 2019 / 12:35 p.m.
See context

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Thank you, Madam Chair.

Thank you to our witnesses for being here today.

Premier, one of the pieces in Bill C-88 is around the changes to the Canada Petroleum Resources Act. It puts in the ability for cabinet to block things that they deem “national interest”. They can block things by invoking national interest. What does that mean to you and what do you think about that?

May 16th, 2019 / 12:25 p.m.
See context

Tlicho Government

Grand Chief George Mackenzie

Yes. In conclusion—please, if you don't mind—it is in the best interests of Tlicho citizens, Wek'èezhii and northern residents, and all Canadians, to support and preserve the Wek'èezhii Land and Water Board while finally implementing the other long-awaited improvements to our co-management system, which have been developed through broad consultation for the benefit of present and future generations.

The Tlicho Government encourages the committee to prioritize the passage of Bill C-88 with the urgency that an important treaty commitment deserves.

We again thank the committee for the opportunity to appear before you today, and we hope these submissions assist you in fulfilling your important responsibilities.

We are happy to address any questions you may have.

May 16th, 2019 / 12:20 p.m.
See context

Chief Alfonz Nitsiza Tlicho Government

Thank you, Grand Chief, and thank you, Madam Chair.

The constitution and mandate of the Wek'èezhii Land and Water Board is set out in the Tlicho agreement. The Wek'èezhii Land and Water Board has a dual regulatory mandate, which is the conservation of the environment and the development and use of resources. The Tlicho agreement required Canada to establish the land and water board through legislation. lt did this in 2005 through the Mackenzie Valley Resource Management Act, after extensive consultation with the Tlicho Government.

In our view, there are three key characteristics of the Wek'èezhii Land and Water Board that you need to know. lt implements treaty rights and represents co-management in action. It has built capacity, experience and the trust of Wek'èezhii residents. lt has been documented that it performs its function well and operates efficiently and effectively in the public interest.

The Northwest Territories Devolution Act was passed in 2014. The act would amend the Mackenzie Valley Resource Management Act to eliminate the Wek'èezhii Land and Water Board and the treaty co-management system without meaningful consultation with the Tlicho Government or other indigenous governments.

The Wek'èezhii Land and Water Board and other boards in the Northwest Territories would be replaced with a single super-board. Instead of appointing 50% of the board members, as our Tlicho agreement requires, the Tlicho Government would appoint only one out of 11 members on this super-board. The Mackenzie Valley Resource Management Act amendments could allow decisions about Wek'èezhii to potentially be made by a panel of the super-board that could lack Tlicho Government appointees entirely. This was unacceptable to us. Tlicho were promised something different in their treaty from what was designed in the Northwest Territories Devolution Act. The treaty promise was broken with no good reason, so we went to the courts for justice.

The Tlicho Government immediately sought an injunction from the Supreme Court of the Northwest Territories. That injunction was granted. It prevents the Mackenzie Valley Resource Management Act amendments from coming into force, and remains in effect to this day. You should also know that the underlying lawsuit also remains active, pending the results of this legislative process. The injunction will remain in effect until either a new law is passed or our lawsuit regarding the Northwest Territories Devolution Act runs its course.

There is an urgent need for action. The Tlicho Government hopes that Bill C-88 can be passed by the current Parliament without delay. Otherwise, both starting the legislative process again from scratch and proceeding with our lawsuit against Canada will likely take years. Proceeding with our lawsuit, which is still in its earliest stages, would be a particularly bad result for all stakeholders. ln addition to being long and expensive, failure to resolve this matter co-operatively would damage our treaty relationship and undermine the process of reconciliation as directed by the courts. Long-term regulatory uncertainty for any reason will damage the economy of the Northwest Territories, including within the Tlicho community. This is all avoidable with the passage of Bill C-88.

The Tlicho Government supports the passage of Bill C-88 without reservation. It has been clear that the protection of the Wek'èezhii Land and Water Board in accordance with the spirit and intent of the Tlicho agreement is of the utmost importance to the Tlicho people.

Bill C-88 serves at least three essential functions. It preserves the established and effective regional co-management boards, including the Wek'èezhii Land and Water Board, in accordance with the Tlicho agreement. lt strengthens the co-management system by reintroducing other new provisions that did not come into force because of the injunction. These have broad support from industries and governments, including the Tlicho Government. lt delivers industry the certainty it desires, and will allow us to collaborate with proponents and our co-management and treaty partners to ensure responsible use and development of our shared resources.

May 16th, 2019 / 12:10 p.m.
See context

Grand Chief George Mackenzie Tlicho Government

Thank you, and good morning. I'll just get into my presentation.

On behalf of the Tlicho Government, thank you for inviting us here to Ottawa to address Bill C-88. It is very important for the Tlicho chiefs to all be here personally to emphasize how vital this bill is for our communities, our territories and our treaty relationships.

I'm here today with Chief Nitsiza of Whati, Chief Wedawin of Gamèti, and Chief Football of Wekweèti. The law guardians of the Tlicho, Bertha Rabesca Zoe and Paul Bachand of the Pape Salter Teillet law firm are being made available to respond to technical legal questions that might be posed.

We view this bill as affirming a direct treaty promise to the Tlicho people. We urge the community to move swiftly and decisively to ensure that Bill C-88 comes into force during the current session of Parliament.

Regarding the treaty right to co-management, it is necessary that the committee understand the significance of the Tlicho agreement and its relationship to Bill C-88. The Tlicho agreement was signed in 2003 and has been in force since 2005.

The Tlicho agreement is key to keynote documents in the modern history of the Tlicho people. It is a modern treaty that enjoys the protection of section 35 of the Canadian Constitution. It sets out our rights and jurisdiction on Tlicho land and throughout our traditional territories. The signing of our agreement more than 15 years ago was a landmark moment for Tlicho people, for the Northwest Territories and for all Canadians.

The Tlicho agreement confirms that the Tlicho Government has jurisdiction on over 30,000 square kilometres of Tlicho land. Tlicho citizens also exercise aboriginal rights, including harvesting rights, throughout all our larger traditional territories of Mowhi Gogha Dè Ni?i?tlèè. In the heart of Mowhi Gogha Dè Ni?i?tlèè is the environment and resource management area of Wek'èezhii, which covers about 160,000 square kilometres.

The co-management of natural resources in Wek'èezhii is an essential part of the Tlicho agreement. Co-management is essential to address the overlapping interests and jurisdiction of Tlicho Government, other indigenous government and public government.

Protecting the environment while promoting responsible development and use of resources is a concern to all the responsible governments in the north. Both sides of that equation are very important to us. Under the Tlicho agreement, the Tlicho Government is co-manager and joint decision-maker with respect to lands, waters and renewable and non-renewable resources within Wek'èezhii.

The Tlicho agreement provides for co-management in part through the establishment of regional land, water and renewable resource boards. The Tlicho Government, other IGOs and public government are all represented.

The Tlicho Government has the treaty right to appoint 50% of the members to all co-management boards within Wek'èezhii. This includes the Wek'èezhii Land and Water Board, which is the centrepiece of the management regime for land and water in Wek'èezhii.

We are here today on behalf of the Tlicho government, to ensure that this effective and representative co-management system is preserved and strengthened in accordance with our modern treaty.

I will now pass the microphone to Chief Nitsiza of Gamèti, who will continue our presentation.

Thank you for listening.

May 16th, 2019 / 12:05 p.m.
See context

Bob McLeod Premier of the Northwest Territories

Thank you, Madam Chair. I should note that if we had got you to move to the Northwest Territories we would have had a real McLeod government.

Good afternoon. Thank you for the invitation to appear before the standing committee today as you review Bill C-88, an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act. As you review this bill, I would like to share with you some recent Northwest Territories history that is specific to the Northwest Territories offshore and the Mackenzie Valley Resource Management Act.

The Northwest Territories is home to 44,000 residents, who live in 33 communities spread out over more than 1.3-million square kilometres. We are a unique jurisdiction in which indigenous and non-indigenous people live, work and govern together in the same communities, and where half of our population identifies as being first nations, Inuit or Métis. The result of this combination of indigenous and non-indigenous people living and working together is a public government where actions and decisions are informed by and include northern indigenous views and priorities from the outset.

A large part of our territory's modern history can be linked to resource development dating back to the 1920s, with the discovery of oil in the Sahtu region. Today our economy is still heavily reliant on resource development, with mining, oil and gas accounting for more than 25% of our gross domestic product.

Since 1984, the governments of Canada and the Northwest Territories have been party to six settled indigenous claims. Most of these agreements are land claims that formally recognize the rights of indigenous governments to manage and benefit from the ownership of land and resources in their region. The rights of the Dene and Métis of the Mackenzie Valley are reflected in the Mackenzie Valley Resource Management Act, which was enacted in 1998 and provides an integrated, co-managed land and water management regime throughout the Mackenzie Valley.

The MVRMA has been a world-recognized model for public-indigenous co-operation in the management of lands, waters and other resources in the Northwest Territories for more than 20 years. The co-management model emerged from the three constitutionally protected land claim agreements of the Mackenzie Valley. We've provided an “MVRMA at a Glance” handout, and also a map of the territory. The MVRMA applies to all Northwest Territories areas outside the northernmost region, the Inuvialuit settlement region, which takes a different approach to resource and land management.

The MVRMA ensures both that there is transparency during project reviews and that economics, the environment and culture are considered during project assessment. The MVRMA also provides for the review of government-led infrastructure projects and holds both our governments to the same high standard of accountability that industry is held to.

The Government of Northwest Territories wants to ensure we have a progressive regulatory system that works for the people of the Northwest Territories and governments and will also attract industry investment. Bill C-88 seeks to advance numerous modern amendments to the MVRMA that were first passed in 2015, in Bill C-15.

They include the authority to direct regional studies that can examine the effects of a development at a regional scale, the authority to develop administrative monetary penalty regulations that can be used to promote compliance, and the establishment of development certificates, which are becoming common tools across Canada to ensure measures from environmental assessments and impact reviews are carried out.

This was the intention when the Government of Northwest Territories and the Government of Canada signed a devolution agreement in 2013. However, those Bill C-15 amendments never came into force due to a court injunction brought about because of a section of Bill C-15 that would have consolidated the four regional land and water boards into one larger board.

Bill C-88 seeks to advance the amendments from Bill C-15 again, while preserving each of the regional land and water boards. We don't see Bill C-88 as a partisan bill. It ensures that land claim agreements are fully implemented by maintaining the regional boards, and it also has modern amendments with multi-party support. As you can see, the MVRMA is also quite unlike other project assessment laws that are currently being considered.

The MVRMA is well established and has allowed indigenous and public governments to work together for the past 20 years to manage the development of land and resources. The proposed amendments to the MVRMA in Bill C-88 would increase certainty around responsible resource development in the Northwest Territories. That certainty is something our territory needs as we continue to work with the indigenous governments in the territory to attract responsible resource development.

I would also like to touch briefly on Bill C-88's proposed changes to the Canada Petroleum Resources Act, or CPRA. The CPRA is the law that outlines how petroleum exploration and development rights are issued in the Arctic Ocean, which is still under federal jurisdiction.

Unfortunately, Canada unilaterally imposed a moratorium on new offshore oil and gas licences in 2016 without consulting either the indigenous or public territorial governments.

Although disappointed with the way the moratorium was imposed, we also recognize that Canada has a need to provide a legal basis upon which to implement this moratorium.

As a government, our current focus is moving forward towards co-management of the Northwest Territories' Arctic offshore waters and resources. We are working with Canada and other partners on the five-year review of the moratorium. We also want to ensure that the review is evidence-based and evaluates the different regions of the Arctic individually, as the Beaufort in particular has benefited from many years of study.

We fully expect this CPRA provision to be a short-term measure and expect Canada to fulfill its commitment to developing an offshore co-management regime comparable to the Atlantic accord's. We need this accord to ensure that northerners will be decision-makers on oil and gas exploration and development in our offshore, including when decisions are made about whether, when, where and how it happens.

The Government of the Northwest Territories supports swift passage of Bill C-88. The implications of not proceeding with the bill within the lifetime of this government and retaining the status quo are significant. Amendments to the MVRMA have been on the books for five years, and we don't want any more uncertainty associated with our regulatory regime. Resource developers are contemplating investing in developing the Northwest Territories' rich natural resources, and everyone benefits from regulatory certainty.

The Government of the Northwest Territories and indigenous governments are working together to build our territorial economy. The passage of Bill C-88 and the preservation of the regional land and water boards, as committed to in land claim and self-government agreements, is an important part of this.

Thank you very much.

May 16th, 2019 / 12:05 p.m.
See context

Conservative

The Vice-Chair Conservative Cathy McLeod

We're recommencing our hearings into Bill C-88. I'd like to welcome our guests, both Premier McLeod—and I'd like to note there are three McLeods sitting at this table—and the Tlicho Government delegation, which includes Grand Chief George Mackenzie, Chief Alfonz Nitsiza, Paul Bachand and Bertha Rabesca Zoe.

We will start with Premier McLeod. It's a very important bill for your community. You have 10 minutes to present, and as you know, there will be a period of questions and answers after all the presenters.

Welcome.

May 16th, 2019 / 11:55 a.m.
See context

Liberal

Yvonne Jones Liberal Labrador, NL

Okay.

The only thing I want to ask you, Mr. Campbell, is whether you support the United Nations Declaration on the Rights of Indigenous Peoples. What Bill C-88 is doing is giving those rights and protections to indigenous governments, to ensure that they have a say in the activity that happens in their land claim areas. Do you support that declaration? In doing so, do you support the amendments in Bill C-88?

May 16th, 2019 / 11:50 a.m.
See context

NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Thank you.

I'm going to move on to you, Mr. Brooks, and try to get some more information on what you were saying.

Your main point, it seems, is that the existing licensees were not covered by this moratorium. They had an obligation to undertake work, which seems to have been eliminated after a year of consultation. I don't know if you want to speculate on what went on behind those closed doors, but would these companies feel some concern about future moratoria under Bill C-88, and then feel the ground rules have changed?

How do you think their positions have changed, and is that why the government did this? If they were still allowed to go ahead and do their work—do their exploration, if they had found significant resources—could they still develop them under the present situation? Why do you think it's unfair that they don't have to fulfill their obligations? Are there any future concerns that they might have?

May 16th, 2019 / 11:45 a.m.
See context

Senior Counsel, Commercial Litigation, Borden Ladner Gervais LLP, As an Individual

Neil McCrank

Thank you for the comment on my report.

Until about a week ago, I had not heard of C-88. This was new to me. I have not kept up-to-date on what's going on in the north since I did this report some 11 or 12 years ago, beyond what I mentioned about having appeared before committees.

I don't know all of what's in C-88, but I know there is an attempt to roll back the land and water boards to where they were. Let's be clear what my recommendation was. My recommendation was, number one, to finish the land use plans, because in my view that is where the local community has the greatest effect on future development.

May 16th, 2019 / 11:25 a.m.
See context

Mark Brooks Senior Specialist, Artic Oil and Gas, World Wildlife Fund-Canada

Thank you, Madam Vice-Chair.

Good morning. My name is Mark Brooks. I'm the Arctic oil and gas senior specialist with WWF-Canada. I wish to thank the committee for their invitation to speak about Bill C-88. We are submitting written comments in addition to this oral submission. I'll be speaking specifically about the proposed CPRA amendments.

First, I have a few words about my organization, the World Wildlife Fund. WWF is one of the largest independent conservation organizations in the world with projects in more than 100 countries. We have offices across Canada, including the Arctic, and we partner with local communities, indigenous peoples and other groups to help find solutions to the environmental challenges that matter most for Canadians.

Let me first say that WWF-Canada believes that community-supported economic development is vitally important throughout the Arctic. However, significant capacity, information and funding gaps currently exist in Canada's oil spill response framework across the Arctic, including in the Beaufort Sea region, which make potential offshore oil and gas activities particularly high risk at the present time.

I also want to emphasize the position of our organization on the need for modernizing laws governing offshore oil and gas activities in Canada, including the Canada Petroleum Resources Act, which has not been substantially updated in decades and tends to favour industrial development at the expense of other possible alternatives.

CPRA is over 30 years old. Its guiding policy focuses almost exclusively on expediting the development of petroleum resources at the expense of other alternatives. Contemporary priorities such as conservation, indigenous rights, climate change, marine safety and other issues are not mentioned in the CPRA's policy framework. Full modernization of the CPRA, along with the entire oil and gas regulatory regime is long overdue.

As for Bill C-88, it's proposing, as you well know, an amendment to the CPRA that would permit the government to prohibit any licence holder from commencing or continuing any work or activity authorized under the Canada Oil and Gas Operations Act, if the Governor in Council considers that it is in the national interest to do so.

WWF-Canada has some concerns with this bill. It's timing and precise purpose has raised some questions for us, which we believe should also be of concern to members of this committee. First, let me back up and provide some context. Of course, this has come up already today, but the December 2016 Canada-U.S. joint leaders' statement included a moratorium on new offshore oil and gas licensing in Canada's Arctic. This was followed by a year of private, closed-door consultations between government and oil and gas licence holders to discuss their interests. Public interest groups and civil society organizations were not invited, nor were we permitted to participate in these meetings. The results of the negotiations were not made public.

Following the conclusion of these consultations, in October 2018, the Government of Canada announced it planned to “freeze the terms of the existing [exploration] licences in the Arctic offshore to preserve existing rights, remit the balance of any financial deposit related to licences to affected licence holders and suspend any oil and gas activities for the duration of the moratorium”.

Eleven exploration licences in the Beaufort region are set to expire over the next few years. The government could simply allow these licences to expire on their own, likely without any liability on the government's part, and collect hundreds of millions, perhaps billions of dollars, in forfeited financial deposits for work that was promised under the terms of the licence but not carried out. This is money that could be used for critical investments in the north.

Instead, the government is introducing a proposed amendment to the CPRA through Bill C-88 to prohibit oil and gas activities for reasons of national interest, which is not defined, and it's not clear to us why there is a need for this expanded power.

Concurrently, in last week's Canada Gazette, the government announced its intention to issue new exploration licences in the Beaufort Sea, effective July 10, 2019, to replace existing licences. From our perspective, the proposed amendment in Bill C-88 appears to be a way of ensuring, after one year of private negotiations with industry, that licence holders do not lose their rights or their licence deposits, despite having failed to do the work required by the terms of their exploration licences.

Extensions to exploration licence terms are expressly prohibited by the CPRA. If the government is using Bill C-88 as a way to preserve rights and extend licence terms, we believe this would be an abuse of the expanded prohibition powers. As noted, term extensions would also mean that licence holders do not lose their deposits, even though they were unable or unwilling to complete the work they had committed to doing. As companies will avoid substantial financial losses, one could argue that, in effect, this is a form of indirect subsidy to industry from a government that has committed itself to eliminating all inefficient oil and gas subsidies.

Licence holders may argue they are entitled to licence extensions and a refund of financial deposits because the 2016 oil and gas moratorium in the Arctic and the 2015 ministerial review of the CPRA created regulatory uncertainty. However, the review of the CPRA lasted only 10 months, and the moratorium did not apply to existing licences.

I want to emphasize this point, because I'm not sure it's been raised yet this morning: The moratorium did not apply to existing licences. The government's announcement at the time, in 2016, even stated, “Exploratory licences may accede to Significant Discovery within their existing permit timelines.”

As an example, Imperial Oil holds two of the largest exploration licences in the Beaufort Sea, both of which are due to expire in the next year and a half. Despite holding these licences since September 2010, Imperial has done no exploration work to our knowledge. Chevron, another licence holder in the Beaufort, put its plans on hold in 2014, citing a drop in oil prices. These and other licence holders appear to have been speculating when they bid on these licences years ago. Now that the time limit on their interests is expiring, they seem to want the government to extend their terms and preserve their rights, which the government appears willing to do. This is not acceptable in our view.

In addition to being unjustified, this attempt to preserve rights and extend licence terms is a threat to the sensitive Arctic marine environment. An oil spill from shipping or a well blowout would devastate the surrounding marine environment, potentially destroying habitat for polar bears, seals, walrus and seabirds, as well as beluga, narwhal and bowhead whales. In addition, research indicates that seismic testing can seriously harm marine wildlife, which many Inuit depend upon for their livelihoods. However, in the Canadian Arctic only limited emergency response equipment currently exists on a scale required to adequately deal with a major oil spill or well blowout. Many coastal communities have access to only the most basic oil spill response equipment from the Canadian Coast Guard.

We believe there's no justification for the government to extend licence terms and refund financial deposits to licence holders, and we're deeply concerned by the government's stated intention to reissue identical exploration licences with extended terms before Canada is sufficiently prepared for the risks of offshore oil and gas activities. Until oil recovery and cleanup technologies in icy waters have improved and Canada is better prepared for these activities, drilling in the Canadian Arctic should not proceed.

Immediate steps, including substantial investments and more research to fill many data gaps, must be taken to provide adequate response capacity and infrastructure support if offshore oil and gas activities are ever to take place in the Canadian Arctic.

Thank you again for your invitation today. I welcome any questions you might have.

May 16th, 2019 / 11:15 a.m.
See context

Joseph Campbell Vice-President, Northwest Territories, Northwest Territories and Nunavut Chamber of Mines

Good morning, honourable members.

My name is Joe Campbell. I am an executive board member of the Northwest Territories and Nunavut Chamber of Mines and vice-president for the Northwest Territories. I am here to present the chamber's comments on Bill C-88.

I am also an executive chairman of TerraX Minerals, a publicly traded junior exploration company currently exploring for gold around the city of Yellowknife in the Northwest Territories. I am also president of a geological consulting company providing services to the mining industry around the world. As part of that consulting business, I have acted as expert adviser to the Kivalliq Inuit Association in Nunavut for environmental review of mine developments. My varied work experience is relevant to my appearance here on Bill C-88.

I wish I could say that the layering of personal workload is exceptional. However, it is commonplace in the mining industry, in which business risk is high and making ends meet is a constant challenge. These challenges are greatest in the Northwest Territories—the central target of Bill C-88. Severe climate is certainly a factor, but a far greater issue that we face is the lack of infrastructure, which escalates development costs and timelines and renders the dream of being a leader in producing the critical metals of the green economy exactly that—a dream.

There is no level playing field for the north. We are beset by higher costs and tougher regulations from all levels of government—local, indigenous, territorial and federal. Against these odds, the mineral industry persists and provides thousands of jobs, fuelling the northern economy with billions in business expenditures and taxes and helping to contribute to regional infrastructure. Mining remains the only viable private industry that staves off the total welfare state in the Northwest Territories.

The mining industry has made great strides with indigenous communities, creating thousands of person-years of employment, supporting a wave of new aboriginal businesses and producing a flow of millions in taxes and royalties, not only to public governments but to indigenous governments also. Mining has significantly catalyzed the creation of a middle class in the indigenous communities of the north.

This economy was bought with a very small footprint for our current Northwest Territories mines of about 0.005% of the Northwest Territories, yet mining is the only industry that is regulated to provide a comprehensive project description detailing all environmental and social impacts, plans for mitigating those impacts that include impact benefit agreements, and closure plans to return the area to nature. We post the costs of those closure plans up front before digging a hole. I would bet that residential housing developments would grind to a halt under a similar strain.

Mining is not a threat in this highly regulated world and our mines operate to very high standards. We can coexist with the environment. This is the vision of Canada's north and should furnish the guiding principles for this legislation.

Despite this record and the honourable people who created it, the mining industry is demonized by NGOs and often by our own governments. Each new piece of legislation escalates the effort to constrain or prevent resource development, sometimes explicitly within the legislation but more often as an insidious increase in regulatory inefficiency that ups the costs and timelines of the process, making mine investment more uncertain.

Let's be clear. This bill's main purpose is to regulate our industry, yet that industry is criticized as self-serving if we provide comment—comment to make changes on issues that affect us directly. Let me state clearly that we are not opposed to the spirit of Bill C-88. To attract investment in the north, we see it as necessary to have clear and firmly established rules of law to guide our development.

Do we want more certainty, clarity and timeliness of process than is provided by Bill C-88? Of course we do, but I am not here to argue for a single board or for shortcuts to process timelines. I will argue that legislated uncertainty and raising the cost of the process is counterproductive to regulating development. Arguably, it is included in Bill C-88 as prevention of development.

As regards certainty of process, please use this as an opportunity to change the legislation to enact sections 3.18 and 3.19 of the devolution act as promised in the Mackenzie Valley Resource Management Act. By addressing the need to fully devolve the MVRMA to the territorial government, we will allow northerners to make their own decisions. This will coordinate the process and rid us of the lack of accountability and ambivalence that now infests it

As regards cost, please do not enact cost recovery on Bill C-88. Embedded within the bill—including but not limited to proposed sections 79.4, 90.31, 109.3 and 142.01—are broad provisions for cost recovery. This industry is expected to shoulder these costs, but we are given no control over them. The federal government empowers the boards, and they control the activity and the clock. Then, after pulling all the levers, they turn around and put out their hands for the recovery of the costs of the process they are entirely responsible for.

If you believe these costs are unsubstantial, please review sections 124 through 128 of the MVRMA and the corresponding amendments within Bill C-88. After several years of baseline studies and consultation, all mine developments go to an environmental review with a minimum timeline of approximately 18 months for determination. ln practice, a determination is rarely reached in that timeline. As an example, the Governor in Council can extend the timeline to infinity based on subsection 128(2.3) of the MVRMA.

ln addition, the review board can freeze a review timeline to request more information from the developer, with no restriction on how many times it can do this. Requests to the board for delay can be submitted by any interested party. No other industry, except oil, lives daily with the spectre of never-ending regulatory processes, and now you expect us to pay for it.

ln Bill C-88, the only written control on what is an applicable cost is for “prescribed” services. There is not a person on the planet who would sign a contract under these terms, yet the industry is expected to swallow it whole while shouldering all the other extra monetary challenges that northern development entails.

The industry cannot bear the burden of cost recovery, particularly when we have no ability to control the process or budget for it. Until the mine is built, we have no source of income. More correctly, our investment backers will not bear the cost. No investment equals no development, which equals no cost recovery at all.

ln closing, our industry provides the products that you all use daily. The green economy will rest on the backs of the rare earth metals mined by our industry. The mining industry is and will remain the backbone of northern Canada's economy, providing meaningful employment, particularly in indigenous communities.

Building a strong mining future benefits those northern communities. Don't enact legislation that diminishes that growth.

Thank you for listening. I would be pleased to answer any of your questions later.

May 16th, 2019 / 11:05 a.m.
See context

Conservative

The Vice-Chair Conservative Cathy McLeod

I call this meeting back to order.

I would like to thank our three witnesses as we go into panel three of four panels today on Bill C-88, which of course is a piece of legislation before us. As we have someone on video and we always worry about the video, we'll start with Mr. McCrank.

Mr. McCrank, there are 10 minutes for your presentation. Then after all the witnesses have done their presentations, we'll go to questions and answers.

Go ahead.

May 16th, 2019 / 10:55 a.m.
See context

Conservative

The Vice-Chair Conservative Cathy McLeod

That concludes this round. I would like to thank those who came in person, those by phone, and those by video conference for your contributions to our deliberations on Bill C-88.

The meeting is suspended.

May 16th, 2019 / 10:50 a.m.
See context

Mayor, Hamlet of Tuktoyaktuk

Merven Gruben

When I first started getting involved and I got invited to speak about Bill C-88, I did a lot of research on it and I followed a lot of comments. I just didn't want this to be seen again as another case of Ottawa throwing in this moratorium and showing us what to do—do as I say, you know. That's what I didn't like. I thought we were going to be...but there was no negotiation. You just do this. Ottawa says if you do this, you do that. That's what I thought we were going to be doing here.

Then, in further consultation with our good friend Premier Bob and other colleagues, it seems like everybody is agreeing with it. The more I read into it.... I will agree to it as long as we have some of these other conditions that are being negotiated.

May 16th, 2019 / 10:50 a.m.
See context

Liberal

Yves Robillard Liberal Marc-Aurèle-Fortin, QC

The repeal of the unconstitutional provisions on the board restructuring is the main aspect of Bill C-88.

However, the bill makes other changes to the Mackenzie Valley Resource Management Act. These changes reflect some of the provisions of the previous government's Bill C-15, which couldn't enter into force because of the injunction.

Do you think it's likely that these provisions will make the boards operate more efficiently and effectively?

May 16th, 2019 / 10:50 a.m.
See context

Liberal

Yves Robillard Liberal Marc-Aurèle-Fortin, QC

Thank you, Madam Chair.

I want to thank all our witnesses for their testimony.

My questions will be in French, naturally.

My first question is for Mayor Gruben.

The main element of Bill C-88 repeals the provisions of Bill C-15 that deal with restructuring the boards and aims to resolve the problem that the Tlicho government and Sahtu Secretariat Inc. brought before the Government of the Northwest Territories.

Do you think the existing four-board structure is efficient and effective?

May 16th, 2019 / 10:45 a.m.
See context

NDP

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?

May 16th, 2019 / 10:45 a.m.
See context

NDP

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.

May 16th, 2019 / 10:40 a.m.
See context

NDP

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?

May 16th, 2019 / 10:35 a.m.
See context

Legal Counsel, Gwich'in Tribal Council

David V. Wright

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

May 16th, 2019 / 10:35 a.m.
See context

Legal Counsel, Gwich'in Tribal Council

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.

May 16th, 2019 / 10:25 a.m.
See context

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.

May 16th, 2019 / 10:15 a.m.
See context

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.

May 16th, 2019 / 10:05 a.m.
See context

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.

May 16th, 2019 / 9:15 a.m.
See context

Conservative

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”?

May 16th, 2019 / 9:15 a.m.
See context

Liberal

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?

May 16th, 2019 / 9 a.m.
See context

Toronto—St. Paul's Ontario

Liberal

Carolyn Bennett LiberalMinister 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 ActGovernment Orders

April 9th, 2019 / 5:25 p.m.
See context

Green

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.

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 5:10 p.m.
See context

Liberal

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.

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 5:05 p.m.
See context

Conservative

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.

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 4:55 p.m.
See context

Conservative

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.

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 4:55 p.m.
See context

NDP

Sheri Benson NDP Saskatoon West, SK

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

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

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 4:40 p.m.
See context

Saint Boniface—Saint Vital Manitoba

Liberal

Dan Vandal LiberalParliamentary Secretary to the Minister of Indigenous Services

Madam Speaker, I am thankful for the opportunity to speak on this traditional Algonquin territory to explain my support for Bill C-88, an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other acts.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 4:25 p.m.
See context

Liberal

Darrell Samson Liberal Sackville—Preston—Chezzetcook, NS

Madam Speaker, I am pleased to speak to Bill C-88, an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other acts. I would like to acknowledge that we are gathered on the traditional lands of the Algonquin people.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 4:10 p.m.
See context

Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Madam Speaker, it is an honour to rise today to speak to Bill C-88, an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act, and to make consequential amendments to other acts.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 3:55 p.m.
See context

Ville-Marie—Le Sud-Ouest—Île-des-Soeurs Québec

Liberal

Marc Miller LiberalParliamentary Secretary to the Minister of Crown-Indigenous Relations

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 3:40 p.m.
See context

Liberal

Larry Bagnell Liberal Yukon, YT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 3:30 p.m.
See context

NDP

Linda Duncan NDP Edmonton Strathcona, AB

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

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

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

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

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

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

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

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

Berger was quoted as saying this:

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

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

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

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

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

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

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

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

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

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

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

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

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

I look forward to supporting the bill before us.

The House resumed consideration of the motion that Bill C-88, An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts, be read the second time and referred to a committee.

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 1:45 p.m.
See context

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 1:35 p.m.
See context

Acadie—Bathurst New Brunswick

Liberal

Serge Cormier LiberalParliamentary Secretary to the Minister of National Defence

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 1:30 p.m.
See context

NDP

Marjolaine Boutin-Sweet NDP Hochelaga, QC

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

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

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

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 1:20 p.m.
See context

Liberal

Nick Whalen Liberal St. John's East, NL

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 1:10 p.m.
See context

Conservative

Shannon Stubbs Conservative Lakeland, AB

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

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

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

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 1:10 p.m.
See context

Conservative

Shannon Stubbs Conservative Lakeland, AB

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

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 1:10 p.m.
See context

Liberal

Larry Bagnell Liberal Yukon, YT

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

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

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 12:50 p.m.
See context

Conservative

Shannon Stubbs Conservative Lakeland, AB

Mr. Speaker, I am pleased to speak to Bill C-88, another Liberal anti-resource development policy that is driving investment and businesses out of Canada, costing Canadian workers their jobs, costing indigenous people jobs and undermining their aspirations, work and their hopes for self-sufficiency, and increasing poverty rates in the north and in rural and remote regions.

Like the Liberals' no more pipelines Bill C-69, their Arctic offshore drilling ban, and their oil shipping ban bills, Bill C-48 and Bill C-86, Bill C-88 would further politicize resource development by expanding the powers of the cabinet to unilaterally block economic development and would add to the mountain of red tape proponents must overcome before they can get shovels in the ground.

The bill is also a full rejection of calls from elected territorial leaders for increased control over the development of natural resources in their territories and would cede more power and control to the federal government. Bill C-88 would reverse Conservative measures to devolve power to the territories and puts new powers in the hands of the federal cabinet. The Liberals clearly believe that Ottawa knows best.

At the AME Roundup in Vancouver in January, I was in a room full of northerners who were unanimous in their opposition to the Liberal government's “one big park” agenda for the north. There were elected officials, Inuit business leaders and corporate executives with decades of experience working with first nations in resource development in the north.

In Canada, it can take 20 years to get from the discovery of a mineral deposit to a functioning mine. The challenge in the north is that most of the mines are in the final decade of production and no new mines are in the approvals process. Resource projects and communities and residents in the north have to overcome big challenges: geography, climate, distance, access to land and a lack of services and infrastructure in the many remote and rural regions in which these projects are located. The north will pay for the Liberals' mistakes with the loss of an entire generation's economic advancement as mining completely leaves the region.

The previous Conservative government rightly viewed the north as essential to Canada's sovereignty, as a key area at stake in global security and as a place of real potential for significant economic activities today and for decades to come. Conservatives know resource development is often the only source of jobs and business potential in remote and northern regions where they are already scarce.

The Liberals meanwhile are arbitrarily creating huge swaths of protected land with little consultation. The regulatory uncertainty caused by their many bills and policies is making capital harder to access. These actions are challenging meaningful engagement and relationships with first nations in the north, including the Inuit, indigenous people and Métis communities. The Liberals' top-down paternalistic actions rob northerners of opportunities and of decision-making authority and do nothing to reduce poverty in remote northern regions of Canada.

Conservatives, by contrast, have sought to devolve power over and ownership of natural resources to the territories, enabling and empowering their abilities and their authority to manage and benefit from their rich and diverse natural resource opportunities.

In 2007, Neil McCrank was commissioned to write a report on improving the regulatory and environmental assessment regimes in Canada's north. That report, “Road to Improvement”, found the regulatory process in the Northwest Territories at the time was complex, costly, unpredictable and time-consuming. The merging of the three boards into one was a key recommendation. The report said that this approach would address the complexity and the capacity issues inherent to the current model by making more efficient use of expenditures and administrative resources.

Importantly, the report also said that this was not meant to diminish or reduce the influence that aboriginal people have on resource management in the north; rather, it was meant as an attempt to allow for this influence in a practical way, while at the same time enabling responsible resource development.

The option to merge the three separate indigenous boards into the single unified board was also included as an available option in the three modern land claim agreements signed with the first nations in the Northwest Territories.

In 2013, the previous Conservative government introduced Bill C-15 to implement that approach. That bill received overwhelming support in the House. We would not know it from the heckling across the aisle, but including from the Liberal Party. The Liberals and the NDP voted for the bill at the final stage in the House of Commons, but now the Liberals have decided to reverse it, to return to the job-killing overly complex and disjointed “Ottawa knows best” approach, setting back the hopes and aspirations of northern communities that are desperate for natural resource jobs.

It is a myth that indigenous communities, particularly in the north, are opposed to natural resource development. This myth is perpetuated by the Liberal left and elected politicians even in this House of Commons. Indigenous leaders are speaking out against anti-resource activists and in favour of the many benefits and potential for their communities. Bob McLeod, premier of the Northwest Territories, said:

All too often...[indigenous people] are only valued as responsible stewards of their land if they choose not to touch it. This is eco-colonialism.

He went on to say:

...it is oppressive and irresponsible to assume that Indigenous northerners do not support resource development.

PJ Akeeagok of Qikiqtani Inuit Association said, “Absolutely we want to participate in these industries. There’s some real exciting benefits that are out there.” Lee Qammaniq, a heavy equipment operator at Baffinland's Mary River mine, says, “I'm doing it so [my son] can have a better life.”

That ideological and heavy-handed “one big park” agenda in the north is being implemented often without consulting northerners on the use of the land around them. It is threatening the way of life of many Inuit and indigenous communities.

A little farther south, Isaac Laboucan-Avirom, chief of the Woodland Cree First Nation, says:

It frustrates me, as a first nations individual, when I have to almost beg for monies when we're living in one of the most resource-rich countries in the world. Why should our people be living in third-class or second-class communities when we are surrounded by natural resources that go into paving our roads, putting in rec centres, and so on?

In northern Saskatchewan, English River chief Marie Black, speaks about mining for many across the country in her direct assessment, saying, “It is very, very important that we go ahead and work with industry. This is for jobs.”

So many indigenous leaders are speaking out. They are leading the fight, really, about the importance of resource development to their communities to meet their needs right now and for future generations. They are fighting against the layers of Liberal anti-resource development policies and laws that violate their abilities to make decisions about their resources on and around their lands and about which they were not consulted by the Liberals in the first place.

Indigenous communities support sustainable and responsible natural resources development in their territories because it offers a real path to self-sufficiency and a real opportunity for actual economic reconciliation. It damages reconciliation when politicians make promises they do not keep, set expectations and then do not deliver, or pass laws in the apparent best interests of indigenous Canadians without actually fully consulting them.

There is no stronger example of the patriarchal, patronizing and quite frankly colonial approach of the current Liberals than their treatment of first nations who want to develop, provide services, and supply and transport oil and gas. When this Liberal Prime Minister vetoed the northern gateway pipeline, he killed benefit agreements between the project and 31 first nations that were worth $2 billion. Those 31 first nations said:

We are deeply disappointed that a Prime Minister who campaigned on a promise of reconciliation with Indigenous communities would now blatantly choose to deny our 31 First Nations and Métis communities of our constitutionally protected right to economic development.

The Liberals' shipping ban, Bill C-48, is opposed by more than 30 first nations in B.C. and in Alberta because it would kill economic opportunities for their communities. Chief Isaac Laboucan-Avirom says, “What I don't understand about this tanker moratorium is that there's no other tanker moratorium on other coastlines in Canada. You have oil coming in from Saudi Arabia, up and down the St. Lawrence River right now.”

Gary Alexcee, deputy chief of Eagle Spirit Energy Holding Ltd., said:

With no consultation, the B.C. first nations groups have been cut off economically with no opportunity to even sit down with the government to further negotiate Bill C-48. If that's going to be passed, then I would say we might as well throw up our hands and let the government come and put blankets on us that are infected with smallpox so we can go away. That's what this bill means to us.

He went on to say:

Today, the way it sits, we have nothing but handouts that are not even enough to have the future growth of first nations in our communities of British Columbia.

Then, there is the targeted northern offshore drilling ban, incredibly announced in southern Canada by this Prime Minister without any real consultation with the most directly impacted indigenous communities, their elected leaders or indigenous-owned businesses.

Duane Smith, chair and CEO of the Inuvialuit Regional Corporation, says:

We are sitting on nine trillion cubic feet of gas and it doesn't make sense for the community to truck in its energy source from 2,000 kilometres away when we should be developing these.

Northwest Territories premier, Bob McLeod, said, “It feels like a step backward.” He went on:

We spent a lot of time negotiating a devolution agreement, and we thought the days were gone when we'd have unilateral decisions made about the North in some faraway place like Ottawa, and that northerners would be making the decisions about issues that affected northerners.

He confirmed that this Prime Minister only informed him about the decision two hours before he made the announcement.

Nunavut's former premier, Peter Taptuna, has said, “We have been promised by Ottawa that they would consult and make decisions based on meaningful discussion. So far that hasn't happened.”

Even Liberal Yukon Premier Sandy Silver, whose territory is not affected by the bans, sided with his northern counterparts, saying, “When you have unilateral decisions being made in any topic on considerations that affect the North, you need to have northerners in those conversations.”

There was also, of course, the announcement made in Washington, D.C. that a large portion of Canada's territories will be prohibited from development, again with minimal or no consultation with actual northerners.

The mayor of Tuktoyaktuk recently said at a House of Commons committee:

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 compared to when you work in oil and gas and you're used to that kind of living. Our people are used to that. We're not used to selling trinkets and T-shirts and that kind of stuff.

He specifically took issue with matters addressed by the bill, saying, “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.”

The Liberal approach to the north is not empowering first nations. It is trapping the Inuit and indigenous people of the north in poverty by blocking their best opportunities for jobs, for government revenues and for social services to deal with all the needs that colleagues here are raising in this debate, for healthy living and to help make life more affordable.

Northerners know that Bill C-88 would add another roadblock to resource development on top of the Liberals' “no more pipelines” Bill C-69.

While co-management of the assessment process limits some of the damage of Bill C-69, this legislation would still have a significant impact on resource development in the north. Whether it is changes to the navigable waters act, falling investment dollars in natural resource projects across Canada or limited essential services, equipment and expertise to develop projects in the north, this flawed legislation would damage the north.

Dozens of indigenous communities, along with the National Coalition of Chiefs, the Indian Resource Council, the Eagle Spirit Chiefs Council, Alberta's Assembly of Treaty Chiefs and the majority of Treaty 7 first nations, as well as hundreds of indigenous companies, are joining premiers and industry leaders in opposing Bill C-69.

Experts in indigenous law and rights are clear. Bill C-69 does nothing concrete to improve indigenous consultation, either by expanding the scope of indigenous rights or by practically increasing the measures, expectations and standards for the Crown's duty to consult. In fact, it actually weakens indigenous voices in the assessment process by removing the standing test and opening up project reviews to literally anyone, anywhere, instead of focusing on input from locally impacted Canadian citizens, indigenous communities, and subject matter and technical experts.

Mark Wittrup, vice-president of environmental and regulatory affairs at Clifton Associates, has said, “The proposed [impact assessment] process will create significant delays, missed opportunities and likely impact those that need that economic development the most: northern and Indigenous communities.”

Indigenous leaders have also noticed. Roy Fox, chief of the Blood Tribe first nation and a former CEO of the Indian Resource Council, has said, “I don't have any confidence in Bill C-69. I am fearful, and I am confident, that it will keep my people in poverty.”

Stephen Buffalo, the president and CEO of the Indian Resource Council, which currently represents more than 100 indigenous oil and gas developers, has said, “Indigenous communities are on the verge of a major economic breakthrough, one that finally allows Indigenous people to share in Canada's economic prosperity. Bill C-69 will stop this progress in its tracks.”

The more than 30 first nations in the Eagle Spirit Chiefs Council say they will take the government to court over C-69, because the bill could make it “impossible to complete a project” and because the removal of the standing test could lead to foreign interests “overriding the interests of aboriginal title holders” in Canada.

Bill C-88 is yet another example of the Liberals' pattern of adding red tape and roadblocks to resource development, which is something a Conservative government will reverse to help northern indigenous communities, all northerners and all Canadians get ahead.

The future of mining in Canada is very much related to opening up the north. Conservatives know how crucial infrastructure is to this ambition, as it can cost up to six times more to explore, and two and a half times more to build mines in remote regions. The Liberal-imposed carbon tax will hike the already expensive cost of living and cost of operations in the north even higher.

The Conservative Party has long believed that this means giving northerners the autonomy to make decisions based on their priorities and to benefit from those decisions the same way the provinces do.

In natural resources, mining is one of the areas where first nations are the most active, having secured 455 agreements in the sector between 2000 and 2017, often including priority training, hiring and subcontracting commitments. In 2016, indigenous people working in the mining sector had a median income twice as high as workers in their communities overall and nearly twice as high as that of non-indigenous people as a whole.

The problem is that mines are currently in the later years of their productive life, and there are no new mines in the approvals process. By reverting to the old, convoluted impact assessment and approvals process, the Liberals are reintroducing a major barrier to proposing and then actually completing projects in the Northwest Territories. Therefore, as I said before, the north will pay for Liberal mistakes with the loss of an entire generation's economic advancement as mining completely leaves the north.

However, there is hope. Conservatives will work to cut unnecessary red tape to bring investment and jobs back to Canada, while maintaining, enhancing and protecting Canada's reputation. Our reputation is second to none as a global leader in environmental standards, performance, and community and indigenous consultation for responsible resource development.

Conservatives know the reality is that when a resource project gets shut down in Canada, the most regulated and environmentally responsible major resource producer in the world, all it means is that the money, the businesses and the jobs go to countries with lower environmental, civil and human rights protections and standards.

The world needs more Canadian resource development, not less of it. Canada can and must still protect the environment while getting to a “yes” on major projects. When approval is given, the projects must be able to get built. Instead of turning the north into one big park, the Liberals should listen to northern first nations and hear their call for empowerment to develop their natural resources in a responsible and sustainable way.

This bill represents a major regression in the ability of northerners to manage their own natural resources to the benefit of their communities and in the best interests of the entire country. This legislation is yet another example of the Liberal government believing it knows better than local communities, indigenous communities, regions and provinces, resource developers and private sector proponents.

Conservatives will work to reverse these damaging legislative changes, eliminate the roadblocks that the Liberals are putting in the path of northern resource projects and of indigenous communities, and help northern Canadians and all Canadians get ahead.

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 12:50 p.m.
See context

Liberal

Robert-Falcon Ouellette Liberal Winnipeg Centre, MB

Mr. Speaker, I disagree with the hon. member.

This is giving life to UNDRIP in an actual bill before Parliament, Bill C-88. It ensures that UNDRIP is fully respected. UNDRIP, in Bill C-262, is a document that governs all of the Canadian government, ensuring all policies and laws come into accordance with the UN Declaration on the Rights of Indigenous Peoples, and also with an annual report. I remember putting forward a private member's bill of my own that would require reporting to the House of Commons on an annual basis.

Nonetheless, I still believe that the bill is a good way forward. It was negotiated in full accordance with all the indigenous peoples concerned by the bill. That is what we call respect. That is what we call self-determination: sitting down, having a conversation, talking. That is how we make treaties.

The difficult part will come in the future when we need to make sure that these treaties are respected. That involves the government of the day and making sure that we have a good government that will respect those rights into the future.

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 12:50 p.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I am pleased to be able to join the debate on Bill C-88.

I would like to tell my friend from Winnipeg Centre that I certainly support the bill. I worked in the House along with the former member for Northwest Territories, Dennis Bevington, who was mentioned earlier in debate, and we miss his voice here, to try to stop the changes that were made in 2014.

I think returning to the status quo, while laudable, is not as good as taking a step forward while we have the chance. Would the hon. member for Winnipeg Centre reconsider? The bill is certainly consistent with the United Nations Declaration on the Rights of Indigenous Peoples, but the bill does not commit Canada to exercise its rights in respect of the UN Declaration on the Rights of Indigenous Peoples.

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 12:45 p.m.
See context

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, I listened with great interest to the words of the hon. member on the other side about the need for new measures to show that the government is sincere about reconciliation and about honouring the rights and interests of indigenous peoples.

Surely, then, the member would support the amendment we are calling for, to actually entrench the United Nations Declaration on the Rights of Indigenous Peoples in the bill. Of course that would deliver on the Prime Minister's promise, from quite some time ago, that he would in fact take action on all 93 of the calls to action by the Truth and Reconciliation Commission. One of those calls to action is exactly that. It is to move forward and entrench those rights in the UN declaration in all federal laws going forward.

Is the member willing to accept that amendment and entrench the United Nations declaration in Bill C-88?

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 12:45 p.m.
See context

Liberal

Robert-Falcon Ouellette Liberal Winnipeg Centre, MB

Mr. Speaker, my understanding is that all indigenous governments were involved in negotiating this agreement with Bill C-88, as well as the Northwest Territories government. It has the support of all of these governments because they will be at the table.

Obviously, governments can take actions to try to negate the rights of indigenous peoples. It depends on the government of the day. However, I know that the inherent policy of this government is to work with indigenous peoples. It is not to negate their rights, but to work with them in a collaborative approach.

Perhaps future governments of Canada will move forward in a different manner and try to negate those rights. However, I know that our government is committed to working with indigenous peoples.

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 12:35 p.m.
See context

Liberal

Robert-Falcon Ouellette Liberal Winnipeg Centre, MB

Niwakoma cuntik Tansai Nemeaytane Atawapamtikok.

Mr. Speaker, I appreciate the opportunity to express my support for Bill C-88. I also acknowledge that we are here on the traditional territory of the Algonquin people.

This important bill proposes to improve the regulatory regime that governs resource development in the Northwest Territories. Equally important, in my view, is the contribution Bill C-88 would make to reconciliation with indigenous peoples.

Throughout much of this country's history, indigenous peoples have been actively prevented from contributing fully to and benefiting equally from the social and economic prosperity that so many of us take for granted. Reconciliation and a renewed relationship with indigenous peoples will help create the conditions needed to close the socio-economic gap that persists between indigenous and non-indigenous Canadians.

Today we have an opportunity to right some of the wrongs of the past and to unlock economic growth for indigenous peoples and all Canadians. We have a chance to create an environment that supports self-determination. This will not only be good for indigenous peoples but will be good for all of Canada.

The National Indigenous Economic Development Board has estimated that engaging indigenous people in the economy at the same rate as non-indigenous people would boost Canada's GDP by 1.5% and create almost $28 billion in economic growth. Several others have suggested that the number is actually much higher.

Reconciliation is a multi-faceted undertaking that ultimately must involve and engage all people in Canada, indigenous and non-indigenous alike. At the personal level, it involves confronting and erasing all prejudice, embracing fresh ideas and throwing out those racist ideas of the past. For the Government of Canada, it involves sweeping changes to legislation, policies and how we approach policy.

Allow me to quote the Prime Minister's description of the challenge facing Canada. He stated:

Reconciliation calls upon us all to confront our past and commit to charting a brighter, more inclusive future. We must acknowledge that centuries of colonial practices have denied the inherent rights of Indigenous Peoples. The recognition and implementation of Indigenous rights will chart a new way forward for our Government to work with First Nations, Inuit, and Métis Peoples and to undo decades of mistrust, poverty, broken promises, and injustices.

The legislation now before us would support reconciliation in a clear and unequivocal way by re-establishing the land and water boards in a manner requested by indigenous communities themselves. The boards would enable three indigenous communities in the Northwest Territories, the Gwich'in, the Sahtu and the Tlicho, to influence resource development in their traditional territories in a direct and meaningful way.

Four years ago, Parliament endorsed legislation to restructure the regulatory regime governing resource development in the Northwest Territories. Part of this plan involved the amalgamation of four boards into a single entity, the Mackenzie Valley Land and Water Board.

Soon after the plan became law, the Tlicho Government and the Sahtu Secretariat Incorporated launched court actions against the Government of Canada. Both indigenous governments challenged Canada's authority to unilaterally eliminate boards that had been legally authorized years earlier. A 1992 comprehensive land claims agreement had established the Gwich'in Land and Water Board, which was given effect by the Mackenzie Valley Resource Management Act in 1998, for instance. In 2003, the Tlicho land claims and self-government agreement had authorized the creation of the Wek'èezhìi Land and Water Board.

The court challenges effectively put a halt to some of the restructuring measures included in the 2014 legislation under the Harper regime. The new Government of Canada agreed to work in co-operation with northern indigenous communities, including the plaintiffs in the court actions, to resolve the impasse and to restructure the regulatory regime in a way that would meet the needs of all concerned.

Representatives of indigenous groups, the Government of Northwest Territories and industry met with federal officials. The meetings inspired the Government of Canada to draft a legislative proposal and to share the draft with all interested parties.

This collaborative effort not only exemplifies the spirit of reconciliation but also illustrates reconciliation in action. It is “reconciliaction”, and it abides by the principles respecting the Government of Canada's relationship with indigenous peoples established last year. For instance, principle 1 states, “The Government of Canada recognizes that all relations with Indigenous peoples need to be based on the recognition and implementation of their right to self-determination, including the inherent right of self-government.”

Principle 5 states, “The Government of Canada recognizes that treaties, agreements, and other constructive arrangements between Indigenous peoples and the Crown have been and are intended to be acts of reconciliation based on mutual recognition and respect.”

Following this approach soon produced a negotiated solution. We sat down and we negotiated. It is a solution articulated today in Bill C-88. However, to fully appreciate the value of the solution requires an understanding of how it came into being. This was not a case of the Government of Canada imposing its will on others. In fact, the bill before us incorporates the suggestions made by the negotiators representing other groups, including indigenous governments. They were central to this.

One change to the original draft legislation proposal relates to court jurisdiction for judicial reviews of administrative monetary penalties imposed under the regulatory regime. The change ensures consistency with exclusive jurisdiction of the Northwest Territories' Supreme Court under section 32 of the Mackenzie Valley Resource Management Act. A second modification to the original draft legislation aims to ensure consistency with comprehensive land claims agreements. New language was added to clarify consultation obligations related to administrative monetary penalties.

Is it not exciting to talk about administrative monetary penalties? These changes came about because the parties negotiated as equals in an atmosphere of mutual respect and mutual recognition of rights and responsibilities.

Should Bill C-88 become law, if it can make its way through this Parliament, its effects would also foster reconciliation. This is because co-management is central to the regulatory regime envisioned in the legislation now before us. Boards comprised of members nominated by northern indigenous governments and the governments of the Northwest Territories and Canada would render decisions about proposed development projects. Board decisions are legally binding on all parties, including developers. This means that northern indigenous governments would be fully able to exercise their right to self-determination.

The onus has long been on indigenous peoples to prove that their rights exist. For too long, indigenous communities have had to fight to exercise their rights. This is why reconciliation absolutely requires the Government of Canada, on behalf of all Canadians, to base all of its relations with indigenous peoples on the recognition and the implementation of existing rights.

On one level, Bill C-88 would repeal the amalgamation of land and water boards in the Northwest Territories. It would also modernize the regulatory regime governing resource development in the region. On a higher level, Bill C-88 would foster reconciliation with indigenous peoples across Canada. It would demonstrate to indigenous communities across the country that the Government of Canada is committed to reconciliation.

Hon. members of this chamber, the people's House, have an opportunity to show their commitment to reconciliation, and I encourage all of them to join me in supporting Bill C-88.

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 12:30 p.m.
See context

Liberal

Matt DeCourcey Liberal Fredericton, NB

Mr. Speaker, I am always happy to talk about the priorities of this government, those priorities being helping middle-class Canadians and growing the Canadian economy; lifting thousands of Canadians out of poverty; fighting climate change in a meaningful way; and advancing the most important relationship for this government, that being the relationship with indigenous peoples.

Every time we have brought forth measures to grow the economy and support middle-class Canadians, the Conservatives have opposed them. Every time we have brought forth measures to help lift 825,000 Canadians out of poverty, the Conservatives have opposed them.

We have a plan to fight climate change. What do the Conservatives have? They have an unsolicited, unethical mass texting campaign. That is not a climate change plan.

Every time we bring forward investments and measures to advance reconciliation in this country, including in Bill C-88, the Conservatives oppose them.

Our priorities, our plan and our results are clear to Canadians. Why do the Conservatives continue to oppose them?

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 12:20 p.m.
See context

Fredericton New Brunswick

Liberal

Matt DeCourcey LiberalParliamentary Secretary to the Minister of Immigration

Mr. Speaker, I will be splitting my time this afternoon with the member for Winnipeg Centre, but first let me acknowledge that we are here on the traditional unceded territory of the Algonquin people.

I stand in support 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.

The proposed legislation now before us would modernize the regulatory regime that governs resource development in the Northwest Territories.

The central goal of Canada's approach to regulating resource development in the north has been to realize a project's full potential value while minimizing and mitigating any negative environmental, social and economic impacts. To achieve this goal, regulatory regimes across Canada include measures to assess proposed projects and to track the progress and performance of approved projects.

Environmental impact is a key consideration throughout all phases. In general, and particularly in the north, environmental impact is defined as any effect on land, water, air or any other component of the environment, as well as on wildlife harvesting.

The assessment includes any effect on the social and cultural environment or on heritage resources.

The northern regime has long been ahead of the southern environmental assessment regime in this respect. In the north, regulatory regimes are notably different from those in the rest of Canada, for several reasons. The most significant reason is that many northern indigenous people have concluded land claim agreements with the Government of Canada, and these agreements have created a robust system through which indigenous governments have a meaningful role in processes to review and license proposed resource development projects, have representation on boards, and have a strong voice in the process from the beginning to the end. This is reconciliation in action.

The Mackenzie Valley Resource Management Act is part of the legal framework for resource development in the north. The act authorizes a unique regulatory regime that references a series of comprehensive land claim and self-government agreements with indigenous groups, including the Gwich'in, Sahtu Dene and Tlicho.

The regime features an integrated and coordinated system of boards and ensures indigenous representation. The result is co-management. The Government of Canada, the Government of the Northwest Territories and indigenous governments all participate in reviews of and final decisions about proposed projects.

In recent decades, the north has experienced unprecedented change, and the pace of change continues to accelerate. Territorial governments have acquired new authorities under devolution, for example, and diamond mining has generated billions of dollars in revenues and created thousands of jobs. As well, the impacts of climate change have been greater in the north and have accelerated more quickly there than anywhere else in the world. Given these realities, the regulatory regime governing resource development in the north must evolve to keep pace, and this is the main impetus for Bill C-88.

About eight years ago, the Government of Canada began a process to modernize the regulatory regime at the same time as it moved to devolve greater authorities to the Northwest Territories. In 2014, Canada enacted the Northwest Territories Devolution Act. Along with authorizing devolution, this act also made important changes to the regulatory regime. One of these changes was the amalgamation of four existing boards into a single entity, the Mackenzie Valley Land and Water Board.

Almost immediately, the Tlicho government and Sahtu Secretariat Incorporated launched court actions against Canada. The lawsuits claimed that amalgamation violated land claim agreements. The Supreme Court of the Northwest Territories granted an injunction, which effectively halted amalgamation and prevented the implementation of several elements of the regulatory regime. Bill C-88 proposes to repeal amalgamation, which would resolve the litigation and support Canada's commitment to reconciliation with indigenous peoples.

Bill C-88 would also authorize a series of policy elements that the court injunction also blocked. These elements include development certificates and an enforcement scheme for part 5 of the Mackenzie Valley Resource Management Act. They also include regional studies, extensions of the terms of board members, regulation-making authorities related to consultations, a 10-day pause in the environmental impact assessment process, and a requirement to give proper notice of government inspections of Gwich'in- and Sahtu-owned land.

Together the changes proposed in the legislation now before us would significantly strengthen the regulatory regime in the north. They would ensure that the assessment of environmental impacts would remain paramount in both the review of proposed projects and the monitoring of approved projects. The changes would also ensure that any contravention of a regulation could result in a stiff penalty, such as a large fine, and possibly, incarceration. Bill C-88 would also ensure that indigenous governments would continue to participate meaningfully in reviews of and decisions about development projects in the north.

Another aspect of Bill C-88 aims to further strengthen environmental protection in the Arctic through the Canada Petroleum Resources Act. As my hon. colleagues can appreciate, Canada's Arctic features some of the most fragile ecosystems in the world. Two years ago, the Prime Minister committed to stepping up Canada's efforts to protect Arctic ecosystems. In particular, he called for a ban on any new Arctic offshore resource exploration and extraction. Rather than set a deadline for the moratorium, the Government of Canada committed to reviewing it every five years. The review will focus on an assessment of the latest climate and marine sciences.

Along with imposing a moratorium, the Government of Canada began a series of consultations with territorial and northern indigenous governments and the holders of offshore oil and gas rights in Arctic waters to discuss their interests. A central focus of these consultations was how best to balance environmental and economic concerns and how to protect the offshore environment while pursuing safe, responsible activities that create jobs and economic opportunities in northern indigenous economies. The result of these consultations are the proposed amendments before us in Bill C-88.

First, to complement the moratorium on new licences, the amendments would allow the Government of Canada to ban any oil and gas exploration or development activities under 11 existing exploration and significant discovery licences in the Beaufort Sea.

The amendments would also fix a problem that came to light regarding the plan for a science-based review every five years. Some oil and gas rights in the Arctic offshore will begin to expire before the completion of the next review period. With a ban on activity in the Arctic offshore, these rights suddenly lost all their value. The discussions identified a solution, that being a freeze on the terms of existing rights for the duration of the moratorium. Bill C-88 would authorize this solution.

Canada's regulatory regime is among the best in the world, because it continually seeks to strike an appropriate balance between economic, environmental and social concerns. Key to this ability is the careful and thorough assessment of potential project impacts. An effective regulatory regime makes it possible to foster both economic activity and environmental protection.

The legislation now before us aims to achieve this goal in the north, and I urge my hon. colleagues to endorse Bill C-88 at second reading.

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 12:15 p.m.
See context

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Mr. Speaker, I agree that Bill C-88 is yet another anti-energy policy from the government. It is driving investment out of Canada. It is taking potential opportunities away from those in the north who want a path forward, a path to prosperity by harnessing resources in a very responsible manner, something in which Canada is a world leader. If people in the north are asking for more power to define their future, to create their own path, that is something we should be doing, rather than having an Ottawa-knows-best approach.

I was at the AME Roundup in Vancouver a few months ago. It is a very large mining conference, although not as big as PDAC in Toronto. When we spoke with people in the north, that was the number one issue they were talking about. These were not mining people from big companies; they were juniors, start-ups, people in the middle, all talking about the fact that there is great potential in the north for responsible resource development, but they do not feel that making the north a park, basically, is a way to do that or to create jobs, wealth and opportunity.

We should be listening to those people.

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 12:10 p.m.
See context

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, one of the important aspects of Bill C-88 is that it would restore the four water and land co-management boards, which were established by a negotiated agreement between the federal and territorial governments and the first nations of the north, but the Tlicho and Sahtu people went to court and had that bill struck down.

What is important and significant is that the land claim and self-government agreements are now modern treaties entrenched in the Constitution.

Could the member tell us how his party rationalizes arguing against the Constitution of Canada in saying that the boards should not be restored?

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 11:50 a.m.
See context

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Mr. Speaker, I rise today to speak to Bill C-88, an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other acts.

The bill would make two amendments to the Mackenzie Valley Resource Management Act of 1998, and I will refer to this in my speech going forward as MVRMA. Part A reverses provisions that would have consolidated the Mackenzie Valley land and water boards into one. These provisions were introduced by the former Conservative government within Bill C-15, Northwest Territories Devolution Act of 2014.

Part B would amend the Canada Petroleum Resources Act to allow the Governor in Council to issue orders, when in the national interest, to prohibit oil and gas activities, and freezes the terms of existing licences to prevent them from expiring during a moratorium.

Bill C-88 is yet another Liberal anti-energy policy in a long list of policies from the government that are driving energy investments out of Canada, costing Canadian workers their jobs and increasing poverty rates in the north.

First, I will speak to part A of the bill, the section that reverses the previous government's initiative to consolidate for the devolution of governance of the Northwest Territories, wherein the federal government transferred control of the territories' land and resources to the Northwest Territories government.

Part of that plan sought to restructure the four Mackenzie Valley land and water boards into a single consolidated superboard, with the intent to streamline regulatory processes and enable responsible resource development. For the reasons why this was proposed under Bill C-15, we have to turn back the clock nearly seven years earlier when, in 2007, then-minister of Indian affairs and northern development, the hon. Chuck Strahl commissioned a report on improving regulatory and environmental assessment regimes in Canada's north.

The consolidation of the Mackenzie Valley land and water boards into one entity was a key recommendation, which would address the complexity and capacity issues by making more efficient use of expenditures and administrative resources, and allow for administrative practices to be understandable and consistent.

Furthermore, during debates in the House in 2013 and 2014, the then-minister of aboriginal affairs and northern development, Bernard Valcourt and the member for Chilliwack—Hope, or as it was known back then, Chilliwack—Fraser Canyon, pointed out that the restructured board was included in the final version of the modern land claim agreements.

The proposed changes were not acceptable to everyone, and two indigenous groups, the Tlicho Government and Sahtu Secretariat, filed for an injunction with the Northwest Territories' Supreme Court to suspend the related provisions.

They argued that the federal government did not have the authority to abolish the Mackenzie Valley regulatory regime without consultation with affected indigenous communities. I should point out that, at the time, Liberal members of Parliament voted in favour of Bill C-15 when it was debated in Parliament, including the Prime Minister.

The report commissioned by the then-minister of Indian affairs and northern development was never meant to diminish the influence that indigenous people have on resource management in the north. Rather, it was meant to allow for this influence in a practical way, while at the same time enabling responsible resource development through an effective regulatory system.

This brings us back to today and the bill currently before us. As previously mentioned Bill C-88 would repeal the restructuring of the four land and water boards but also reintroduce regulatory provisions that were included in the previous Conservative government's Bill C-15.

These provisions have been redrafted to function under the current four-board structure and provide for the following: an administrative monetary penalty scheme that will provide inspectors with additional tools to enforce compliance with permits and licences under the MVRMA; an enforceable development certificate scheme following environmental assessments and environmental impact reviews; the development of regulations respecting consultation, which are intended to help clarify the procedural roles and responsibilities respecting indigenous consultation; clarification of requirements for equal proportions of nominees from government and indigenous governments and organizations; a 10-day pause period between a board's preliminary screening decision and the issuance of an authorization to allow for other bodies under the MVRMA to refer a project to an environmental assessment; regional studies that provide the minister with the discretion to appoint committees or individuals to study the effects of existing and future development on a regional basis; the authority to develop cost-recovery regulations that would provide the federal government with the ability to recover costs associated with proceedings; and the extension of a board member's term during a proceeding to ensure board quorum is maintained until the conclusion of an application decision.

These are good regulations and I am glad to see that the current government is continuing on with that and did not throw away these provisions.

The Liberals will say that Bill C-88 is about consultation, however, under part 2 is where the real motivation for Bill C-88 becomes evident.

Part 2 is simply the Liberals' plan to further politicize the regulatory and environmental processes for resource extraction in Canada's north by giving cabinet sweeping powers to stop projects based on its so-called national interest. So much for the comments from the parliamentary secretary to the minister of indigenous and northern affairs, who, on speaking to the Conservatives' Bill C-15 on February 11, 2014, said:

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.

I would agree with that.

Bill C-88 exposes the Liberals' full rejection of calls from elected territorial leaders for increased control of their natural resources. The Liberals have demonstrated disregard for those who speak truth to power, they have demonstrated contempt for indigenous peoples advocating for the health and welfare of their children and now they are adding indifference for northern Canadians' interests to their long litany of groups marginalized by the Liberal government.

The Conservatives strongly criticized the Liberals for a moratorium on offshore oil and gas development in the Beaufort Sea, an announcement made in December 2016, in Washington, D.C. by the prime minister, an announcement, I might add, where territorial leaders were given less than an hour's notice. The Liberal government's top-down maternalistic approach to northerners must end. It does nothing to reduce poverty in remote and northern regions of Canada.

Like Bill C-69, the no-more pipelines bill before it, Bill C-88 politicizes oil and gas extraction by expanding the powers of cabinet to block economic development and adds to the increasing levels of red tape proponents must face before they can get shovels into the ground. Like Bill C-68, the convoluted navigable waters bill before it, Bill C-88 adds ambiguity and massive uncertainty in an already turbulent investment climate. Like Bill C-48, the tanker ban bill before it, Bill C-88 aims to kill high-quality, high-paying jobs for Canadians and their families who work in the oil and gas-related industries.

We know the Prime Minister's real motivation. He spelled it out for us at a Peterborough, Ontario town hall in January 2017, when he clearly stated that he and his government needed to phase out the oil and gas industry in Canada. The Prime Minister's plan to phase out the energy industry has been carried out with surgical precision to date.

The Liberals' job-killing carbon tax is already costing Canadian jobs. Companies repeatedly mention that the carbon tax is the reason they are investing in jobs and projects in the United States over Canada. The Liberals new methane regulations could end refining in Canada by adding tens of billions of dollars of cost to an industry that is already in crisis.

The Liberals introduced their interim review process for oil and gas projects in January 2016, which killed energy east, the 15,000 middle-class jobs it would have created and the nearly $55 billion it would have injected into the New Brunswick and Canadian economies, a review process which delayed the Trans Mountain expansion reviews by six months and added upstream admissions to the review process.

The Liberal cabinet imposed a B.C. north shore tanker ban within months of forming government, with no consultation or scientific evidence to support it. The Liberals cancelled the oil and gas exploration drilling tax credits during a major downturn in the oil and gas sector, which caused the complete collapse of drilling in Canada. The Liberals' proposed fuel standard will equate to a carbon tax of $228 per tonne of fuel according to their own analysis.

When the Prime Minister vetoed the northern gateway pipeline, he killed benefit agreements between the project and 31 first nations, worth about $2 billion. The unprecedented policy will apply not to just transportation fuels but to all industries, including steel production, heating for commercial buildings and home heating fuels like natural gas.

All this is destroying energy jobs and investment from coast to coast to coast. Now, with Bill C-88, we add another coast, the northern coast.

The Liberals love to champion the Prime Minister's personal commitment to a new relationship with indigenous people through new disclosure and friendly policies. They will, no doubt, due so again with Bill C-88.

This is what some organizations and people have to say, with respect to the Prime Minister's so-called commitment:

Stephen Buffalo, the president and CEO of the Indian Resource Council, in the National Post, October 19, 2018 stated:

...the government of Canada appears to consult primarily with people and organizations that share its views...It pays much less attention to other Indigenous groups, equally concerned about environmental sustainability, who seek a more balanced approach to resource development.

Here is another quote from that article:

The policies of the [Prime Minister's] government are systematically constraining the freedom and economic opportunities of the oil- and gas-producing Indigenous peoples of Canada. We are not asking for more from government. We are actually asking for less government intervention

Roy Fox, chief of the Kainaiwa first nation, in The Globe and Mail, December 10, 2018 stated:

While the Kainaiwa [nation] continue to fight against high unemployment, as well as the social destructiveness and health challenges such as addiction and other issues that often accompany poverty, my band’s royalties have recently been cut by more than half. Furthermore, all drilling has been cancelled because of high price differentials – the enormous gap between what we get on a barrel of oil in comparison to the benchmark price – which has limited employment opportunities on our lands.

Chief Fox continued:

...it’d be an understatement to say the policies proposed within Bills C-69 and C-48 are damaging our position by restricting access and reducing our ability to survive as a community....I and the majority of Treaty 7 chiefs strongly oppose the bill for its likely devastating impact on our ability to support our community members, as it would make it virtually impossible for my nation to fully benefit from the development of our energy resources.

I can continue to read quotes. However, we here on this side of the aisle are deeply disappointed that the Prime Minister, who campaigned on a promise of reconciliation with indigenous communities, blatantly would allow and choose to deny our 31 first nations and Métis communities their constitutionally-protected right to economic development.

This is from the Aboriginal Equity Partners:

We see today's announcement as evidence of the government's unwillingness to follow through on the Prime Minister's promise.

The Government of Canada could have demonstrated its commitment by working with us as environmental stewards of the land and water to enhance marine safety. All 31 AEP plus the other affected communities should have been consulted directly and individually in order to meet the Federal Government's duty to consult.

I have said this many times in my speech. It is time to stop politicizing these projects. Bill C-88 politicizes oil and gas development in the far north by providing the cabinet in Ottawa the unilateral power to shut down oil and gas development without consulting the people it affects directly.

I want to point to a few “key facts” from NRCAN's website. It states that in 2017, Canada’s energy sector directly employed more than 276,000 people and indirectly supported over 624,000 jobs; Canada’s energy sector accounts for almost 11% of nominal Gross Domestic Product (GDP); government revenues from energy were $10.3 billion in 2016; more than $650 million was spent on energy research, development, and deployment by governments in 2016-17; and Canada is the sixth largest energy producer, the fifth largest net exporter, and the eighth largest consumer

Just last week, in The Globe and Mail, David McKay, the president and CEO of the Royal Bank of Canada, stated:

History has placed Canada at a crossroads. No other country of 37 million people has access to more natural resources – and the brainpower to convert those resources into sustainable growth for a stronger society.

And yet, Canada is at risk of taking the wrong turn at the crossroads because some believe there are only two paths: one for economic growth, and the other for environment.

We’re seeing this dilemma play out in Canada’s energy transition as we struggle to reconcile competing ideas.

We aspire to help the world meet its energy needs and move to ever-cleaner fuel sources. We aim to reduce our carbon footprint. We want Indigenous reconciliation and long-term partnership. And we hope to maintain the standard of living we have come to enjoy.

But without a balanced approach to harnessing our energy future, all of this is at risk.

We need to take a third path--one that will help us develop our natural resources, invest in clean technologies and ensure a prosperous Canada....

But we’re reaching a critical time in our country’s history.

As our resources sector copes with a growing crisis, we worry that Canada is not setting up our energy industry for growth and success in a changing world.

When I travel abroad, and proudly talk up our country, too many investors tell me they feel Canada's door is closed when it comes to energy. We need to change that impression immediately, because these investors are backing up their words with action.

According to a recent study from the C.D. Howe Institute, Canada has lost $100-billion in potential investment in oil and gas in the past two years.

We can’t forget that energy is not only part of the economic fabric of Canada, it also funds our social needs. The sector has contributed $90-billion to government revenues over the past five years, which covers about 10 per cent of what the country spends on health care, according to RBC Economics.

And if we squander our huge advantage and cede the dividends to other countries, we’ll also risk losing the opportunity to help combat the most daunting challenge of all – climate change.

The article ends with the following charge to government:

We can’t stay at a crossroads.

It’s time for Canada to pull together on a plan – one that re-energizes our place in the world.

The Conservatives have long viewed the north as a key driver of economic activity for Canada for decades to come. The Liberals, however, view the north as a place to create huge swaths of protected land and shut down economic activity.

Bill C-88 appears to be based in a desire to win votes in major urban centres rather than reduce poverty in remote regions of Canada. Northerners face the unique challenges of living in the north with resilience and fortitude. They want to create jobs and economic opportunities for their families. They deserve a government that has their backs.

We are at a crossroads and it is time for Canada to pull together a plan. The Conservatives are up to that challenge. We look forward to unveiling our plan and growing the economy in the next election for voters to decide for themselves who really has the best interests of Canadians.

The House resumed from December 3, 2018, consideration of the motion that Bill C-88, An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts, be read the second time and referred to a committee.

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

April 9th, 2019 / 11:05 a.m.
See context

Liberal

Bardish Chagger Liberal Waterloo, ON

Madam Speaker, I do not want to say anything, because it feels like the member is offended by anything I comment on or say. I will tell the member that I have not attacked or commented on any individual member of this place. Members choose to do their own work. They represent their constituents no differently from how I represent mine.

What we are debating right now is the use of time allocation to advance Bill C-88. We are using time allocation because we have not been able to find a way forward.

The member needs to be proposed to, it turns out, but he is more than able to provide me insights as to how much time is needed. The previous House leader was able to communicate for her team and provide us a way forward. I know this member has come back into this role. I acknowledge that he is new to this role this time, I guess, and I will definitely do a better job at providing proposals with respect to a way forward. I will take that as feedback from the member.

However, when it comes to this legislation, it will go to committee. The committee will be able to scrutinize and study this legislation, and the amendments will definitely be considered. The minister responsible and members will definitely have their opportunity to debate them. I am sure there will be a fruitful discussion.

I thank the member for his great question.

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

April 9th, 2019 / 11:05 a.m.
See context

Liberal

Bardish Chagger Liberal Waterloo, ON

Madam Speaker, it is important to note that Bill C-88 is the result of co-operative conciliatory discussions that resulted in an agreement to repeal the restructuring provisions of the Northwest Territories Devolution Act. The member is correct when he said the Conservative government did important work when it came to this matter. However, what the member seems to forget is that it tried to go further by restructuring a system that was already working. It put forward measures that would create this concept of superboards, which northerners and the people in the Northwest Territories were opposed to. However, because it was trying to diminish environmental assessments and whatever else, it figured it would sneak a couple of these things in.

Therefore, the Conservative government was taken to court. When it was taken to court, it actually lost that case. This is something that happened not that long ago, and this legislation responds to it. I hope the member understands that because the previous government tried to sneak in a couple of extra points, it was taken to court and lost. It lost in court because that was the wrong thing to do. We are correcting that wrong.

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

April 9th, 2019 / 11 a.m.
See context

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Madam Speaker, as we are hearing from the Liberals, every issue they are having is always somebody else's fault, whether it is Omar Khadr's $10.5-million payment, the SNC-Lavalin scandal, the Prime Minister's disastrous trip to India or the failure to get the Trans Mountain pipeline built, or any pipeline for that matter. It is always somebody else's fault.

However, I will speak to Bill C-88, which, I want to point out for the member opposite, repeals the restructuring of the four land and water boards, which the member opposite said very emphatically that she is against, and reintroduces regulatory provisions that were included in the Conservative government's Bill C-15. I would like to remind this House and the member opposite that when Bill C-15 was debated in the previous Parliament, Liberals, including the Prime Minister, voted in favour of the restructuring.

The current Parliamentary Secretary to the Minister of Intergovernmental and Northern Affairs and Internal Trade, speaking to Conservative Bill C-15 on February 11, 2014, stated, “As Liberals, we want to see the Northwest Territories have the kind of independence it has sought.”

Why does the Liberals' tone change now? Why all of a sudden are they against giving the north the power to control its own destiny and providing jobs, opportunity and wealth to make the north strong again?

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

April 9th, 2019 / 10:55 a.m.
See context

Conservative

Colin Carrie Conservative Oshawa, ON

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

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

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

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

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

April 9th, 2019 / 10:50 a.m.
See context

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

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

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

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

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

April 9th, 2019 / 10:45 a.m.
See context

Liberal

Bardish Chagger Liberal Waterloo, ON

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

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

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

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

April 9th, 2019 / 10:40 a.m.
See context

Liberal

Bardish Chagger Liberal Waterloo, ON

Madam Speaker, we are debating why we need to put time allocation on this important legislation. We are doing so because the opposition chooses not to find a way forward.

Since the member opposite has done a fairly decent job at misrepresenting the legislation, I will remind Canadians that Bill C-88 responds to concerns raised by indigenous governments and organizations in the Mackenzie Valley, specifically the proposed restructuring of the land and water boards of the Mackenzie Valley Resource Management Act.

Following the general election in October 2015, Canada committed to exploring ways to address the concerns raised about restructuring provisions. When it comes to these restructuring provisions, conversations took place between different levels of government. The Conservatives were a part of those.

When the Conservatives introduced legislation, they brought in the super board concept. That is why the Conservative government at the time was taken to court. It lost that court case because northerners did not support that approach.

However, northerners support our approach and we believe it should receive swift passage. Unfortunately, we have to move time allocation because the Conservatives will do whatever they can to block the important work that benefits northerners, especially when it comes to this legislation.

Business of the HouseOral Questions

April 4th, 2019 / 3:10 p.m.
See context

Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

Mr. Speaker, the government is taking a different approach, where we actually believe that many members should be able to stand up and represent the voices of their constituents, regardless of their political stripe. However, we see that the Conservatives have continued their shenanigans of having one member speak over four days. Luckily, that is about to come to an end. This afternoon, we will continue hearing from the member for Carleton, as we have the final day on the budget, which confirms that they like repetition.

Tomorrow, we will have the first allotted day of the current supply period.

At noon on Monday, we will start the second reading debate on Bill C-93 concerning cannabis and record suspensions.

In the afternoon, we will have the vote on the ways and means motion moved earlier this morning by the Minister of Finance.

On Tuesday, we will resume consideration at second reading stage of Bill C-88, an act to amend the Mackenzie Valley Resource Management Act.

On Wednesday, we will begin debate at second reading stage of the 2019 budget implementation bill.

Bill C-51—Time Allocation MotionCriminal CodeGovernment Orders

December 10th, 2018 / 12:10 p.m.
See context

Conservative

John Nater Conservative Perth—Wellington, ON

Madam Speaker, Bill C-51, Bill C-57, Bill C-87, Bill C-88, and Bill C-21, all of these bills have had notice given of time allocation in the last week we are sitting before the Christmas break. Is this not just another indictment of the failure of the Liberal government when it comes to managing the business of the House?

The Liberal government said it was going to do things differently. All of a sudden, like the kid who spent the entire semester at school partying, when that final assignment comes due, it is a rush to try to get it in, in the nick of time, before the deadline. Is this not just another example of the Liberals' failure to manage the business of this place?

Bill C-88--Notice of time allocation motion.Mackenzie Valley Resource Management ActGovernment Orders

December 6th, 2018 / 5:50 p.m.
See context

Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

Madam Speaker, it is with regret that I advise that agreements could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the second reading 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.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Hopefully we can find a better way forward.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 6:10 p.m.
See context

Liberal

Lloyd Longfield Liberal Guelph, ON

Mr. Speaker, I would like to begin by acknowledging that we are on the traditional unceded territory of the Algonquin people.

I am very proud to join my colleagues and speak in full support of Bill C-88. The Prime Minister has stated that no relationship is more important to our government and, indeed, to Canada than the one with our indigenous peoples. I am proud of what we have done to make this commitment real, and that we are continuing to strive to fulfill it with bills such as the one that we have before us today.

Our government is dedicated to a renewed relationship with indigenous peoples in the true spirit of reconciliation, but this requires real work. One of the key elements in achieving true reconciliation is meaningful consultation. Canada is committed to following the principles laid out by the United Nations Declaration on the Rights of Indigenous Peoples.

Furthermore, our Constitution protects indigenous and treaty rights. When those rights may be impacted, Canada must engage in consultation with indigenous peoples. This is not an option. It is a legal obligation. That is only the starting point.

We have reached a moment in our country's history where we are making deep foundational changes to the way that we approach our relationships with indigenous peoples. These changes must be reflected in legislation that we enact here in this place. The only way forward to build a better future for all is by working together in the spirit of respect, recognition of rights, collaboration and partnership.

We are committed to restoring trust and further strengthening our relationship with our indigenous partners in the Northwest Territories by supporting the integrated co-management regime for land and waters in the Mackenzie Valley. That is what we are discussing tonight.

We needed to restore this trust after the previous government ignored their duty to consult, and were therefore found to have violated their obligations as partners. We need to ensure that the management of our natural resources is done in a way that respects the inherent and treaty rights of indigenous peoples.

Through Bill C-88, we can ensure sustainable resource development while at the same time also protecting the long-term health and well-being of the environment. This proposed legislation was created in the spirit of reconciliation, meant to help to renew the relationship between the Crown and indigenous peoples in the Northwest Territories through mutual respect and co-operation.

It is our responsibility to foster and support meaningful consultation with indigenous peoples in order to reach consensus with governments, with industry, and in fact with all Canadians.

This is not always a quick or an easy process, but we cannot, under any circumstances, repeat the harmful mistakes of the past, and that past goes back a long way. For centuries, indigenous people were ostracized and excluded from decision-making processes. Indigenous governments, leaders and communities did not have a say in what happened to their people or their traditional territories. We need to change that.

This disturbing legacy has held indigenous people back for far too long. It has excluded them from fully engaging in Canada's economy and sharing in the abundance of our country's wealth, both our natural wealth and our economic wealth. This bill is a small step to give indigenous groups their voices back.

Bill C-88 is a direct response to the concerns of indigenous organizations and governments respecting the legislative and regulatory framework flowing from their constitutionally protected land claims and self-government agreements. While previous governments ignored these concerns, we know that in working collaboratively, we can reach a better result.

The amendments proposed by the bill respect the integrity of the land claim agreements that the Government of Canada and the Government of the Northwest Territories entered into with good faith.

We have heard loud and clear from our indigenous partners that the dissolution of the Gwich'in, Sahtu and Tlicho land and water boards by the previous Conservative government denied indigenous groups their hard-won rights. This has been stated by the courts. We also heard from them that this directly contravened their land claims agreements, which include the creation and management of these boards.

Reconciliation is not an empty word to our government. Action must follow words to move forward and work toward real and lasting positive change in the relationship between Canada and our indigenous peoples.

The bill proposes to reverse board restructuring and to reintroduce the other regulatory amendments. Simply put, indigenous peoples have the right to oversee how their lands are used and to share in the wealth. These amendments would result in a better process for all parties involved. They would remove uncertainty for groups from the mining, oil and gas industries and other investors wanting to begin new projects in these areas.

Businesses need certainty to move forward. They do not need to know that things are going to change on the road ahead. We need to do the work up front to make sure that all areas are covered.

Bill C-88 would integrate the perspectives of indigenous peoples in the future uses of land and water on their territories. It would include and incorporate indigenous views and perspectives in any decision-making on land and resources.

We must work together to improve the quality of life for indigenous peoples in Canada, and key to achieving this goal is indigenous control over indigenous lands. To protect the integrity of land claims agreements and treaty rights, the importance of engagement and consultation must be respected.

The Gwich'in, Sahtu and Wek'èezhii made it clear that they wanted their voices heard and their rights acknowledged and respected. The bill would ensure that they would continue to have a say in what happens to the lands and water they preside over and have presided over for centuries.

True reconciliation cannot occur until indigenous governments and organizations are fully included in the management of land and resources in the north. We need to bring the voices of indigenous people into this process to have a broader and more complete view of the future of Canada's natural resources. As the Prime Minister has said, “Together, we can build a world where the rights of Indigenous peoples are respected, where their voices are honoured, and where their communities thrive.”

The bill we are debating today would ensure that the unique perspective of indigenous organizations, leaders and communities were heard and listened to. I urge all my colleagues today to recognize the importance of incorporating an indigenous perspective in the future decision-making of our natural resources sector and to support this important legislation.

It is a new way of looking at things. We are changing the order of how we work together with indigenous people, and that really involves a new way of approaching legislation, such as we see in Bill C-88. It also includes some painful redoing of legislation that did not meet the mark of our future relationship or respect the rights of indigenous people.

That is where we find ourselves today. Bill C-88 would take us down a new road with our northern indigenous neighbours. It is a road that is going to be good for them, good for us and good for the land we all share.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 6:05 p.m.
See context

Yvonne Jones Parliamentary Secretary to the Minister of Intergovernmental and Northern Affairs and Internal Trade, Lib.

Mr. Speaker, I am happy to rise and ask a question of my colleague with regard to Bill C-88, and thank him for his support and endorsement of the bill.

It is evident what is happening in the House. The Conservatives realize that in passing the devolution agreement for the Northwest Territories, which all Canadians supported at the time and support today, they had also passed legislation that was unilaterally supported by the Conservative Harper government. It was imposed upon indigenous people in the Northwest Territories and the indigenous government. Since that day, they have been asking that this legislation be amended, and went to the court to do so. They won their case in the court, but even then the Conservative Harper government continued to appeal that decision.

I know my colleague will agree, but for the record, I would like to ask him if the process that our government has taken in removing this from the courts, a process of dialogue and respect for indigenous people, is the right process.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 6:05 p.m.
See context

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, I appreciate the attempt to inform me about what a particular member in the House said five years ago. I am not exactly sure that it relates to the content of what I had to say.

However, I will say that Bill C-15, which was brought in by Stephen Harper, was found by the courts to have significant flaws with it.

What this government has done with this particular piece of legislation is do the proper consultation from a scientific perspective and from a relationship perspective with indigenous communities. It has gone through the processes to make sure that everything is done properly so that when we do come back to the table it is done in a way that we are not bullying our way through particular industries or groups, and that it is done in a consultative way with everybody. That is exactly what we are seeing in the results of Bill C-88 today.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 5:55 p.m.
See context

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, thank you for sticking up for me there. Do not worry. I have to deal with it all the time, so I am completely content with it. However, I do respect your desire to maintain decorum in the chamber.

As I was saying, I would absolutely love to hear what the Conservative plan is when it comes to the environment. I know that they want to “protect it” because that sounds really good and makes them feel good, but why do they not tell us what they are going to do to protect our environment? I can almost guarantee that they will not. In seven or eight minutes from now when it is time for them to get up and ask questions, they will stand up, but they will not tell us what they are going to do to protect our environment, other than not to worry because their leader has a plan.

I have laid out what the Prime Minister has done to bring forward safety and environmental standards when making these decisions. We have to respect the fact that these are important decisions. By strengthening and modernizing our regulatory regime, we can ensure as a government that these principles underpin resource development in the north.

The bill's proposed amendments to the Canada Petroleum Resources Act Act and the Mackenzie Valley Resource Management Act are part of this modernization. This is not the first time we have come before the chamber to do this. It has happened in the past while debating an act to amend the Yukon Environmental and Socio-Economic Assessment Act. During third reading debate, the Parliamentary Secretary to the Minister of Crown-Indigenous Relations said that we needed robust processes in place that would protect our rich natural environment, respect the rights and interests of indigenous peoples and support a strong Canadian natural resources sector

This bill before the House today aims to do the same thing: to protect the environment, respect indigenous rights and support the natural resources economy. It will also provide the foundation for partnership and future collaboration. We know we can do all of these things if we take the right approach, which I previously talked about and the government is committed to doing in so many different processes than just this bill.

I will now speak more briefly to the Canada Petroleum Resources Act and what the proposed amendments would do to it. In short, they would allow us to carefully assess the prospects of Arctic offshore resource development in the context of a changing environment, and enable the government to freeze existing licences held by companies wanting to explore for oil and gas in the Beaufort Sea. This change complements the halt to the issuance of new licenses announced in 2016 and allows for a thorough evaluation of the current science around climate change and the effects on oceans so that we can best determine the next steps for Arctic offshore oil and gas.

The Government of Canada will undertake this review with our northern partners, including Arctic indigenous groups and territorial governments. This means that any decisions will be steered by those most affected. This approach supports seven-generation thinking, which is an indigenous principle meaning that actions should be taken only when we have thought through the consequences for people seven generations into the future. This is critical in the context of climate change and the kind of planet we are going to leave our grandchildren.

On that note, I want to take a moment to reaffirm our government's commitment to the pan-Canadian framework on clean growth and climate change. This means that the government will support and collaborate with indigenous and northern communities and territorial governments as they take action on climate change.

Budgets 2016 and 2017 provided over $220 million for new programs under the pan-Canadian framework. To date, these investments have supported hundreds of projects in northern and indigenous communities for marine life monitoring studies, coastal erosion and glacial melt impact assessments, and initiatives for communities to explore wind and solar power alternatives to offset the use of diesel fuel. The funding is also being used to help indigenous peoples participate in policy discussions on climate change. This bill is consistent with critical efforts to understand, mitigate and adapt to climate change. The point is that when dealing with the Arctic, we are dealing with societies as well as ecosystems.

Taking a step back, with no proposed amendments in the bill, enables us to look at the big picture including our interconnectedness and vulnerability as humans in a rapidly changing world. This is why I support Bill C-88 as it relates to the Canada Petroleum Resources Act, and I encourage all members to do the same.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 5:40 p.m.
See context

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, it is an honour to rise today in the House to talk about Bill C-88, its effects and what it proposes to do in strengthening the relationship that we have with the locals who would be impacted by the legislation in the Northwest Territories.

I would also like to say that it is an honour to stand here recognizing that we are on the traditional territory of the Algonquin people. I am proud to support a bill that would strengthen the relationship between Canada and its indigenous peoples.

Today, we begin second 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. I will use my time to focus primarily on the amendments to the Canada Petroleum Resources Act.

The north is seeing the effects of climate change in a more significant and faster way than the rest of Canada. In fact, climate change in the north is occurring at twice the global rate as anywhere else that we are seeing. Scientists now predict that the north will be ice-free by 2040 as opposed to what they originally predicted which was 2100.

Climate change is having a profound impact on Canada's Arctic and the northern and indigenous peoples and communities. While some of the effects of climate change such as melting sea ice are creating economic opportunities, they are also creating new health and safety risks for northerners and negatively affecting core traditional lifestyles such as hunting and fishing.

It goes without saying that we are continually hearing more and more rhetoric coming from the Conservatives and the alt-right about how climate change is something that we cannot control and is something that we do not have the ability to really do anything about, that we just have to kind of accept it. There are those who now believe that climate change might actually be happening, but there is a whole host of others on the right who still do not accept it as reality. This is despite the fact that 99% of scientists are saying our climate is changing and a number almost equivalent to that are saying that mankind is creating that impact on our environment and it is only mankind that can actually stop it and reverse it.

To those who would suggest that climate change is something that we cannot control or that we should not believe the 97% of scientists who say it is man-made, I would offer to them if 97% of scientists or doctors came forward and said that someone had cancer, my guess is that most people would probably accept that and react in a way that they would do something about the diagnosis that they received.

It goes without saying that I am very puzzled that we are unable to exercise the same kind of judgment when we talk about climate change and the fact that there is such a worldwide cry out there with respect to what we need to be doing and doing now and acting now and changing our habits immediately so that we can have a lasting impact.

These changes are re-framing Canada's approach to the future development of Arctic offshore oil and gas in three ways.

One, climate change is changing the ecology and distribution of marine species which requires us to have a better understanding of what the risks are.

Two, climate change is altering the northern environment with more unpredictability in weather, ice and ocean behaviour. We need to better understand all of the factors influencing risks for workers and wildlife.

Three, we have to be sure that activities will be pursued responsibly. We want to strike the appropriate balance between economic opportunities and environmental protection. Development must be done in a way that respects and strengthens the reconciliation with indigenous peoples in the north.

I will take the opportunity now to comment briefly on the past 10 years. In the last couple of weeks, I have brought up the past government and its 10 years in power and how it was unable to accomplish anything when it came to our national resource development, in particular oil.

It is not because I do not think the Conservatives had the right intentions. They wanted to develop the resources, but their approach went in a direction that made it virtually impossible for them to develop those resources and get them to new markets.

Stephen Harper did a very good job of touting how the oil industry was going to be a super economic powerhouse for Canada and that we would distribute oil to free markets by getting it to access points for delivery to those markets. The problem is that in the process of doing that, he continually bullied his way through when dealing with environmental movements, climate change experts and indigenous communities throughout the country. He continually and systematically did things, such as bringing in Bill C-15, that were held up because they were dragged through the courts and because various other measures were taken to slow down the government's ability to open up our resources to new markets.

Essentially, while Stephen Harper was touting that this was going to be the next biggest thing in the Canadian economy, he was painting a huge target on the back of the industry, because he was undermining all of the processes and various players that would contribute to the discussion and the regulations to be developed in a responsible way. Our government, however, is doing the latter. That is what we saw with the moratorium and the legislation that came out of it. There was a massive amount of consultation with indigenous communities, and with respect to science and the rule of law, so that when something actually comes into play and new opportunities to explore natural resources occur, it can be done in a responsible way that respects the processes and the various players involved. That is something that Stephen Harper failed to do, but this government is doing it, and that why there is progress.

I respect the fact that the Conservatives are upset time and time again about the economy and how resources are being delivered and with the new approach of our government. Quite frankly, if I had been in their position for 10 years of inaction and then started to see real, tangible change happen in a way that would positively impact our economy and our relationships with scientists and indigenous communities, yes, I would be upset too if I were in their position, because they were unable to do anything about it and now they are seeing that there might be a process to move forward on this. What is their default reaction? It is to be obstructionist. They come here and tout that the way this is being handled is not going to produce any tangible results, but I guess time will tell.

Seven years from now, when we Liberals get to the end of our 10-year run, matching their 10-year run, we will have an opportunity to look back and see how effective we were over a 10-year period versus how effective they were. I would add that after 10 years, we will likely go for another 10 after that in an encore performance, so to speak, because the Canadian people understand it. They buy it and believe in the processes we are putting in place. They believe that a government should not to bully its way through various processes in government but make sure that it is consulting and bringing all players together, which is what this bill attempts to do and has done to get here.

I am aware of the importance of oil and gas activities to the economic prosperity and the social well-being of Canada. We recognize the important potential they have to strengthen Canada's economy in the north. However, acting in haste would be irresponsible and could cause permanent damage to our oceans and communities.

In 2016, the Prime Minister affirmed that commercial activities in the Arctic would occur only if the highest safety and environmental standards were met and if they were consistent with our climate and environmental goals. At least we have something to measure that against because we are taking the initiative to say what our plan is as it relates to the environment.

The Conservatives are going to complain about this all day long, saying that we have to do more to open the oil and gas sector, that we have to continue to make sure we can exploit the resources that we have, but at the same time, they have absolutely nothing to say when it comes to how they are going to protect the environment. As a matter of fact, their leader was asked that at the beginning of 2018, and he said they would be bringing forward their plan really soon. It has been almost 12 months since, and they still have virtually no plan.

I hear members of the Conservative Party laughing at this and heckling. They can put my rhetoric, if they claim that is what it is, to sleep by just standing up when the time comes in about nine minutes and tell us their plan for the environment. What would they do to properly protect the environment? I would—

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 5:35 p.m.
See context

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, it is somewhat discouraging to hear the comments of my colleague across the way. Bill C-88 is before us today in good part because of the reaction to Bill C-15. When Stephen Harper was the prime minister of Canada, he completely disregarded what was being told to him regarding how best to manage land and water resources. Stephen Harper came up with his own way, and his way did not work. That is why we have Bill C-88 today.

Now the member opposite is convincing us as to why we have to ensure that the Conservatives do not get power again in the future. All they are saying today is that they want to go back to the Stephen Harper days. It is as if Stephen Harper has not even left the chamber. Stephen Harper is alive and well behind those curtains, possibly.

Why would the Conservative Party continue to follow Stephen Harper when we know Stephen Harper was wrong on this and even a court said so?

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 5:25 p.m.
See context

Conservative

Mark Strahl Conservative Chilliwack—Hope, BC

Madam Speaker, it is always good to speak in the House and on an issue about which I am passionate, northern Canada.

Bill C-15, which we have heard referenced a number of times, was legislation of which I was very proud to have been a part. I was part of the Standing Committee on Aboriginal Affairs and Northern Development. We spent a lot of quality time in the Northwest Territories talking to people about making government work better for the people of the Northwest Territories. That is what Bill C-15 did. It devolved powers from Ottawa to the territories, something for which the Northwest Territories had been fighting and asking for decades. That is what our government delivered.

This bill, Bill C-88, basically formalizes in law one of the most egregious slaps in the face I think I have ever witnessed as an elected representative.

The Prime Minister went to Washington, D.C., to see his friend Barack Obama off. He had already termed out. He was in the lame duck portion of his presidency. The Prime Minister decided that it would be a good going away present to put a moratorium on oil and gas drilling in the Beaufort Sea in the Northwest Territories and he did it without consulting.

The current government likes to talk about consulting with indigenous people. However, when the rubber hits the road, it could not care less what the indigenous people of the country think unless it goes along with its preconceived notion of what it wants to do as a government. We saw that with the moratorium. We saw it as well with the northern gateway pipeline, where the Aboriginal Equity Partners, a group of 31 indigenous communities, had a $2 billion opportunity staring them in the face. The Prime Minister and the Liberal government shut that down with the stroke of a pen. Again, they did it from Ottawa.

When it comes to the Liberals, Ottawa always knows best and when it comes to indigenous peoples and the Liberals, Ottawa always knows best. We saw that with the moratorium and the northern gateway pipeline. They feel they have no obligation to consult when it comes to the economic opportunities they rip away from indigenous communities. They ripped away opportunities from the Aboriginal Equity Partners. They again ripped away opportunities from northerners with this moratorium.

The member for Northwest Territories said that there was no oil and gas development happening there. Is that any surprise? Why would any company invest its hard-earned dollars in a jurisdiction when a government, with 20 minutes notice, can shut the whole thing down? In the case of the northern gateway pipeline, there was three-quarters of a billion dollars of private company investment and the government shut it down with the stroke of a pen, ripping away $2 billion of economic opportunity from a group of aboriginal communities in a region of the country that has very little other economic opportunity.

What was the reaction from the northerners when this was done? The Northwest Territories premier, Bob McLeod, said very clearly, “The promise of the North is fading and the dreams of northerners are dying as we see a re-emergence of colonialism.” He was talking about the approach of the Prime Minister and the government, with its colonial approach, shutting down development because it would play well with Barack Obama, the green lobby and southern Canada. They did not care at all what the reality would be in the north.

The premier also stated, “We shouldn't have to stop our own development so the rest of Canada can feel better.” He went on to say, “We need jobs. We need work. You want us to leave the North because we can't work there. You want us to live in a large park. That's essentially what's happened.”

The Premier of the Northwest Territories gets exactly what the Prime Minister is trying to do, which is to make the Northwest Territories, Canada's north in general, Nunavut and Yukon, into a great protected space, where Ottawa will just keep sending up the money and the northerners will not have the ability to control their own natural resources and destiny. That is what Bill C-15 did. It gave control of the north to those who lived there, to the northerners. It brought into line the regulatory processes and regime with what was happening in the rest of Canada.

In a way, I guess Bill C-88 would do the same thing. The Liberal government brought in Bill C-69, which will devastate and kill resource development in this country. Everyone in the industry says so. Everyone in oil and gas knows that Bill C-69 will devastate them. The entire province of Alberta, from the NDP to the United Conservative Party and all points in between are saying that Bill C-69 has to be removed. The government must repeal Bill C-69, or at least pause it.

The Liberals say, “We know best. We are the federal government.” Here in Ottawa, in their wisdom, even though the price of oil is now down to $10 a barrel, a price differential of $50 between a barrel on the world market and what Albertan oil companies can sell it for, in their wisdom the Liberals say that is not a problem and that their hearts go out to them.

With Bill C-88, they are saying that since Bill C-69 devastated the resource economy in the rest of Canada, they need to partner it with legislation specific to the north, which would be Bill C-88, and would prevent oil and gas development in that region. What these Liberals do not seem to understand is that when capital investment is driven away, it does not simply turn around on a dime and come back when the moratorium might be lifted some day in the future.

It is the same as we have seen in Alberta. When these companies pack up and leave, when they are driven out of the country by government policies, as they have been by the Liberal government, they do not simply turn around and come back with their billions of dollars and tens of thousands of jobs on a whim. It will take decades to repair the damage the government has done in three short years. It will take decades to build back the capacity and investor confidence that has evaporated since the Liberal government has taken office.

Why has it evaporated? The government has taken the processes in place and politicized them for its own gains. The Liberals have said, “We do not care that the National Energy Board has conducted an independent two-year long, $750-million investigation of the northern gateway pipeline, with 209 conditions placed upon it. We do not care about that because we know best. We are going to cancel that pipeline. We are going to make it impossible for the energy east pipeline to go ahead. We are going to buy the Trans Mountain pipeline, just park it and see what happens in a few years after the next election.”

Companies have abandoned this country in the billions of dollars and in the tens of thousands of workers. This legislation is just another example of that sort of philosophy where Ottawa knows best. The government certainly thinks it knows best when it comes to indigenous communities. Bob McLeod and many others in the north have said to the government, “We earn our living with oil and gas revenues. We work in these industries, and you are taking away opportunity from our people.” However, the Liberal government does not believe it needs to talk to those people who actually support resource development. It believes it only needs to talk to people who support the Liberal government's agenda.

When I hear the Prime Minister say that there is no relationship more important than that with Canada's indigenous people, his record proves it is simply untrue. With certain indigenous people, the ones who agree with him, he is very into maintaining that relationship. However, for those who disagree with the Prime Minister, or those who have an agenda and want to pursue economic development for their people, the Prime Minister does not have to consult with them, because Ottawa knows best. That is what this legislation is, an Ottawa-knows-best, made-in-southern-Canada solution for northerners.

It is unlike our previous government, which wanted to see the north thrive. We wanted to promote northern sovereignty. We wanted to promote devolution of powers to northerners because they know best how to govern themselves. They do not need a prime minister going down to Washington, D.C., to tell them how to do it.

We will proudly vote against this legislation, and when we form government in 2019, we will work to rebuild the damage the Liberal government has done in this country.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 5:25 p.m.
See context

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Madam Speaker, I want to thank the hon. member for the invitation. Unfortunately, tonight we have some votes in the House of Commons, so we cannot make the reception, but we will be there tomorrow on behalf of the Conservative Party.

It is interesting, because when we look at Bill C-88, it consists of two parts. Part 1 would amend the Mackenzie Valley Resource Management Act, which was initially passed under the Chrétien Liberals back in 1998, 20 years ago. Of course it was amended by our former Conservative government within Bill C-15, for which the Liberals, who were third party back in 2014, voted.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 5:10 p.m.
See context

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Madam Speaker, I will be sharing my time with the hon. member for Chilliwack—Hope.

As always, I am honoured to represent the constituents of Saskatoon—Grasswood today in the House as we speak to Bill C-88.

As members may or may not know, I am a member of the indigenous and northern affairs committee, and on October 15 of this year, we undertook a study on northern infrastructure projects and strategies. At the meetings we have heard from federal government officials as well as from territorial and local government officials. We have also heard from indigenous groups and a variety of stakeholder groups. We have learned many interesting things, but the one common theme in all the testimony we have heard for months is that there is a real need for infrastructure in the north. People in the north do not need more rules. People in the north do not need more regulations, and people in the north do not need moratoriums. What they do need is infrastructure.

The members opposite will argue, and we have heard this all day, that Bill C-88 is a remake of a piece of Conservative legislation that received royal assent in 2014 and then faced a court challenge. Bill C-88 still incorporates many of the changes the Conservative legislation made with respect to new environmental enforcement powers and requiring project proponents to cover the cost of the review process. However, it did not carry the weight of a carbon tax, which the current government wants to bring to northern Canada.

The concern from industry, obviously, about the added carbon tax cost and all the new federal environmental red tape, combined with the lack of infrastructure, is that it already costs a lot more to develop a project in the north compared to any temperate location. With the new Liberal regulatory costs, the high business taxes, the carbon tax that is coming in and charging for the cost of the review process, we might as well take out an ad in Bloomberg News saying, “Canada's north is definitely closed for business.”

This is not an overreaction. Let me share some of the testimony from Brendan Marshall, vice-president of economic and northern affairs for the Mining Association of Canada. He said:

Currently, domestic legislative and regulatory processes with implications for project permitting and costs persist, while recent supply chain failures have damaged Canada's reputation as a reliable trade partner. Further, recent tax reform in the U.S. has significantly enhanced that jurisdiction's investment competitiveness over Canada's.

We certainly have echoed that for the past number of months. The tax changes made in the United States are eating corporate Canada. Mr. Marshall continued:

The impact of this uncertainty has been felt by Canada's mining industry, where investment has dropped more than 50%, or $68 billion, since 2014, amid a strong price rebound for many commodities over the last three years.

I will read a few more quotes from evidence at our committee meetings in the last month or two. The hon. Wally Schumann, Minister of Industry, Tourism and Investment and Minister of Infrastructure for the Government of the Northwest Territories, said in our meeting:

The Northwest Territories is home to many of the minerals that will fuel the global green economy, including cobalt, gold, lithium...and rare earth elements. Alongside our mineral resources, our territory has significant energy power potential. As we continue our shift to low-carbon alternatives, our hydro development has the potential to meet market needs and reduce greenhouse gas emissions....

Despite our enormous economic potential and strong indigenous partners, the Northwest Territories is still hindered, in that we still require much of the basic infrastructure that already exists in southern jurisdictions. This includes roads to which many of our communities do not have access. In partnership with Canada, we need to continue to build territorial and community infrastructure to support healthy and prosperous communities and to lower the cost of living [that we are seeing today in northern Canada].

However, Bill C-88 would not provide any of that. Merven Gruben, the mayor of the hamlet of Tuktoyaktuk, said:

It's kind of déjà vu. In 2012, I was invited to come here and speak to a panel as well. I think it was just about the same people, or the same panel. We did such a good presentation in the fall of 2012, that in February 2013 our friend Mr. Flaherty—rest in peace—announced in the budget that we were going to get $199 million for our highway. That was the beginning of our Tuk-Inuvik highway. I don't know why we call it Tuk-Inuvik highway. I like to call it the highway to Tuk. It's just the finishing off of the Dempster Highway, the Diefenbaker highway. That's what it should be, the road to resources.

Anyway, we got this highway built, and unbelievably, this year we had 5,000 people come to Tuk—5,000 tourists. On a good year, we maybe get about 2,500....It's just a total game-changer.

Mr. Gruben went on to say:

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 compared to when you work in oil and gas and you're used to that kind of living. Our people are used to that. We're not used to selling trinkets and T-shirts and that kind of stuff....We're sitting on trillions of cubic feet of natural gas. It's right under our feet, yet we're shipping diesel and gasoline from far away.

This just does not make any sense at all.

As I mentioned earlier, one of the more troubling aspects of the bill is, specifically, the proposed amendments to the CPRA, which will authorize the Governor in Council to issue an order when, in the national interest, prohibiting existing exploration licence and significant discovery licence holders from carrying out any oil and gas activities.

What company would invest its shareholders' money to develop an oil or gas deposit when there is a possibility that the government could come in at any time and shut it down? What exactly do we mean by the “national interest”? There is no explanation. Perhaps an example or two of what the Liberals mean by that would certainly clarify it.

The mandate letter of the sponsor of the bill reads in part:

As Minister of Intergovernmental and Northern Affairs and Internal Trade, your goal will be to implement national commitments and priorities that depend on strong relationships with other orders of government, creating good middle class jobs, growing the economy, and advocating for and achieving improved trade between provinces and territories. You will also work to address the needs and priorities of Northerners.

Bill C-88 certainly stifles the creation of good, middle-class jobs. It would not grow the economy at all. It certainly would not address the needs and priorities of northern Canadians. It is going to be very difficult for the residents of the north to attract resource development companies when they do not have the needed infrastructure, and the onerous tax burdens and regulatory hoops they have to jump through.

We have talked in committee about infrastructure in northern aboriginal communities. We have talked about transportation, energy and telecommunications. On transportation alone, due to the lack of efficient transportation systems, costly workarounds must be developed.

The government must know that it really cannot have it both ways. It cannot attract investment in Canada, in particular in the north, where its penchant for taxes and onerous rules and regulations live on. We have seen this time and again in the country. Now northern Canada is feeling the wrath of the Liberals.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 4:40 p.m.
See context

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, it is always a pleasure to rise and address the many issues that come before the House, and this bill is yet another good example of legislation that has been well done.

At the end of the day, members will see there is wide support for the legislation in the communities that are most impacted. More than that, I would suggest that Canadians as a whole have confidence in this government's ability to manage our resources in a fair fashion that sees the national interest served, that the environment is addressed and ensures that consultations take place, whether they are with indigenous people, provincial or territorial governments or organizations. We take this responsibility very seriously. In fact, we have seen ministers of the Crown make a great deal of effort in reaching out to the many different communities and to stakeholders. Ultimately, it allows us to put together the type of legislation that we have.

If there is one single aspect of this legislation that we need to make note of, it would likely be how Bill C-88 would fix a problem that was created by Stephen Harper a number of years ago when the government at the time brought in Bill C-15. Members from both sides of the House have referred to Bill C-15.

I had the opportunity to address the bill a number of years ago when I was on the opposition benches. If memory serves me correctly, I was somewhat critical of the inability of Stephen Harper's government to work with the different stakeholders, and I would put a special emphasis on indigenous people. I remember talking with my colleague from the north, the member for Yukon, about this particular issue when the Conservatives were making some of these changes. I remember how passionate he was as a northerner, and also as an elected official in recognizing the harm that was being caused.

Fast forward to today, and as I listened to my colleague from the Northwest Territories speak to the legislation, I have a better understanding of how he and his family have been long-time advocates for the issues in the Northwest Territories, which could be broadened to include northern Canada. One cannot help but be inspired by the level of dedication and strong sense of commitment to ensure that what we are doing is moving us forward in the right direction. This is why I thought it was important to listen to the member for Northwest Territories, as he has a great deal of knowledge on such an important issue.

The Prime Minister talked a great deal, even before the last national election, about the issue of indigenous people, and ensuring that they are enabled to provide the strong and healthy leadership we know they are very capable of and to ensure that they are sitting at the table. The Prime Minister often talks about the importance of that relationship.

I have listened to the questions and comments coming from the Conservatives. However, I can see within the questions and comments from my colleague and friend from the Northwest Territories his caring attitude in regard to what was done and what it is that this legislation is attempting to undo.

Let me be a bit more specific. Bill C-15 says that we have these land and water management boards that were responsible for different geographical areas. Through Bill C-15, the Conservatives wanted to get rid of those boards in favour of one super board.

If that had been an honest reflection of what was being pushed for by the affected communities, I suspect there would have been more sympathy toward at least that very aspect of Bill C-15. There was a great deal of resistance to the bill. There are communities today that feel fairly positive about the way Bill C-88 would reverse that aspect of Bill C-15.

I wanted to highlight that for the simple reason that at the end of the day we want there to be a sense of fairness among the different decision-makers. By recognizing the important role that not one so-called super board would play but that those local, decentralized boards would play is a positive step forward.

It might take some time to work over some of the issues as a result of the actions taken by the Stephen Harper Conservatives at the time but we have to recognize that Bill C-88 is a move forward in the right direction.

I had the opportunity to do a bit of research thanks to Google maps just to get a sense of the Mackenzie Valley. It is a huge area. The basin that feeds into the Mackenzie River is probably larger than the land mass of most countries around the world. We are talking about a significant amount of land and waterways. I understand it begins in Fort Providence, where my colleague from Northwest Territories calls home nowadays, which is really the southern beginning of the valley.

Even though I have never had the pleasure to visit that area, I have seen, as I am sure all members have seen, documentaries and films, through which I got a fairly good sense of everything that the Northwest Territories has to offer. From what I have seen, that mass of land and water is most impressive.

The Prime Minister decided that we needed that moratorium. It is interesting to note that the Conservative member who spoke before me asked about the national interest. I would suggest that the moratorium was in the national interest. Not only was it in the interest of the Northwest Territories but it was in the national interest.

Canadians genuinely are concerned about their environment. They are concerned about how we draw resources out of the environment and transport them.

Canadians understand and appreciate that the people who really know the area the best are the people who call that area home. They really have the experience and the knowledge to ensure that the types of decisions being made take our environment into consideration.

Dealing with things of this nature has to factor in indigenous people and other stakeholders. I am quite pleased with the way the government has said that we want to make sure that the types of consultations that were required were going to be done, and that is why it has taken as long as it has to come before the House. There is so much to lose if we do not do this right. I look to those leaders in the Northwest Territories to provide strong leadership on this front.

I do not question how important it is to protect our environment, but I also know how important it is that we continue to develop our communities, economically in particular, and how that economic growth benefits people who live in the northwest or live in northern Canada but also benefits everyone in Canada.

I will go back to that concept of the national interest. There are many Canadians who travel to the north periodically, whether for tourism or other reasons. Tourism in the area, my colleagues from the north will tell us, has fantastic potential for growth and that is one of the reasons we want to protect our harbour and the environment. I suspect that there is a growing demand for workers from down south to be able to be able to fulfill some of that potential for growth into the future. In fact, I was talking to my friend from Yukon. He was telling me how the Filipino community is starting to grow up north.

A big part of economic development is to ensure that the government has the financial resources to provide the types of programs that we have heard about today, whether it is health care, education, training programs or protection of our environment. All of these take money and one of the ways we can accrue the financial resources to provide those types of services to Canadians is through the development of our natural resources.

Let there be no doubt that there is a great deal of development potential in Canada's north. If we work with others and look for the leadership of those who are living in the communities, we can actually manage that development in such a way that everyone wins. This is something that as a government we have demonstrated that we are committed to doing. I could give tangible examples.

Conservative after Conservative have stood up today in their place and been critical of this government's inability to get a pipeline to the Pacific Ocean for markets out in that area, looking at China and beyond. However, what the Conservatives do not tell us is that this government, in managing both the environment and the economy and working collaboratively with the stakeholders, in particular indigenous people and provincial governments, was able to accomplish something that Stephen Harper could not accomplish in 10 years.

For the first time in many years, we now have the potential to see a pipeline that will deliver our commodity to other regions of the world, outside the United States. Some of my Conservative colleagues are snickering at that comment, but that is the reality. Even today, the Minister of Natural Resources made reference to the fact that when Stephen Harper became prime minister, over 99% of our oil commodity was being sold into the United States. After being the prime minister for 10 years, the Conservatives had failed Canadians, failed Albertans and they did not materialize, as this government did materialize, in a very real and tangible way.

The Conservatives are critical and ask about the national interest. I would suggest that is a very good example of why we bought the pipeline. I am very proud that we have a government that is committed to ensuring that we manage our natural resources and the many different commodities that we have.

The government is not prepared to forsake the environment, to forsake the importance of having individuals living in those communities engaged, and that is what I like about Bill C-88. It reinforces the importance of that, and it does it primarily through getting rid of the one aspect of Bill C-15 that was so poorly received by the communities directly affected. That is one of the reasons why I suspect that this legislation will get support from all political entities within the chamber, with one possible exception. I should not say the possible exception, I understand the Conservatives will be opposing the legislation.

However, I do believe there is better understanding coming from the other parties in the House. I believe that if the Conservatives would start listening a little more to what Canadians have to say about a series of important public issues, they, too, might be more inclined to recognize the merits of Bill C-88 and get behind the legislation itself.

I want to highlight a couple of other issues that I think are important to recognize. There is a cost recovery component to the legislation, where the bill includes a regulation making authority for cost recovery. This would allow cost recovery from proponents on major development proposals undergoing environmental impact assessments, as well as ensuring a water licensing process undertaken by a land and water board. The issue of cost recovery has been talked about a great deal over the years, and I thought it had received fairly wide support from all sides of the House.

There are administrative monetary penalties within the legislation. The bill proposes a scheme for administrative monetary penalties through regulations, including the power to designate the offences under the act that may be considered violations. The determination of the penalty amounts for each violation, the maximum amount for these penalties would be $25,000 for individuals and $100,000 for organizations.

I want to also recognize that the legislation provides some certainty for industries, which is also very important, given the moratorium that was put in place. However, let us recognize that the moratorium was a good thing for Canada. It was a very good thing.

At the end of the day, this is a government that takes our environment seriously, unlike the Conservatives. This is a government that understands the importance of the development of our natural resources, and it is a government that recognizes the importance of working with people.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 4:25 p.m.
See context

Conservative

David Yurdiga Conservative Fort McMurray—Cold Lake, AB

Madam Speaker, Bill C-88 would have a negative effect on Canadians in northern communities, who are already struggling to survive. When will enough be enough? Northerners are struggling to access basic resources like affordable groceries, water, high-speed Internet, safe roads and health care. Why is the Liberal government making life even harder for northern Canadians by restricting some of the largest sectors in the north, Canadian energy and, indirectly, the mining industry?

I regret to inform the House that Bill C-88 would repeal and reverse the land and water board restructuring changes the Conservatives passed in the Northwest Territories Devolution Act. It would also further polarize and politicize the regulatory and environmental process for resource extraction in Canada's north by giving the Liberal cabinet ultimate power to stop projects as it suits its political agenda. Northerners deserve increased autonomy over their natural resources sector. The Liberal government needs to stop meddling in the affairs of the north for its own gain.

Bill C-88 is an unnecessary and paternalistic blockade of oil and gas development in the Arctic and other northern regions. I must say that Bill C-88 fails on all fronts. It fails to respect workers in the oil and gas sector, fails to protect investments in the development of remote areas, fails to protect Canadian aboriginal communities on the path to reconciliation and, most disturbingly, fails to give northern communities the autonomy they deserve.

Bill C-88 would be particularly hard on the oil and gas sector. The government's failure to get key energy projects completed and to invest in the north is threatening expansion of the oil and gas sector, putting tens of thousands of good-paying, high-quality jobs at risk. While big American oil companies are getting discounts of over $100 million a day on Canadian oil, Canadian oil still needs to reach international markets.

Bill C-88 is yet another anti-energy policy, making getting and keeping jobs in one of Canada's largest economic industries nearly impossible. Canada's Conservatives will continue to fight for Canada's resource sector and the hard-working Canadians whose livelihoods depend on energy. They can count on us to stand up against a government determined to phase out their jobs.

On another note, Bill C-88 fails to take into consideration economic development in remote indigenous and non-indigenous communities in the north. The north is a key driver of economic activity in Canada. There is no doubt that Canada's north should be treated with the respect it deserves. Conservatives know that economic prosperity in the north does not mean ruining landscapes or harming the environment. Economic investment in the north means finding jobs for Canadians in some of the most remote areas of our country, it means economic prosperity for our economy as a whole and, most importantly, economic investment in the north means food on the table for thousands of Canadian families currently struggling to get by.

The Liberal government is hiking taxes on over 90% of middle-class families in the north. Despite the government's lavish spending, Canadian northerners are no further ahead. We need to promote effective investments in important areas in the north, such as health care, housing and quality drinking water. It is also important to spend money that translates into tangible results for northern Canadians.

Bill C-88 is nothing more than a ploy to win votes in urban centres rather than actually reduce poverty in the northern regions of Canada. We need to put Canadians first, not politicians and their concealed agendas. We need a government that will take the right steps to create sustainable economic opportunities for northerners in Canada. It is time that we started investing properly in the north so we can reap the rewards of economic prosperity for decades to come.

Bill C-88 also fails to adequately support the economic needs of indigenous peoples in Canada. It would significantly impact Canada's northern indigenous populations. Representing a rural riding with a large indigenous population, I know that the rights and sovereignty of Canada's indigenous people must be respected. We must work collaboratively with the indigenous populations in the north to put forward policies that make real and measurable improvements in the lives of Canada's indigenous people.

The Liberals failed to take the necessary steps to create sustainable economic opportunities for indigenous people in remote communities. By cancelling key energy projects, delaying offshore oil and gas projects in the Arctic for five years and imposing out-of-control taxes on rural populations, the future for Canada's northern indigenous populations is not looking bright.

Conservatives support advancing the process of reconciliation but also realize there is no lasting reconciliation between the Canadian government and indigenous populations without economic reconciliation. We must empower indigenous communities through job opportunities, industry and economic growth, rather than take valuable opportunities away.

Last but not least, northerners deserve a greater say in their own regional affairs. Canadians do not want Big Brother. The government needs to establish a plan to both respect northern sovereignty and promote economic prosperity in the north. The Liberal government's plan to impose restrictions on the northern economy will have serious long-term effects on the people living in remote communities.

We need to give autonomy back to people living in the north. Political elites in Ottawa should not get the final say on what energy projects get approved and which energy projects get denied. We need to consult workers and other stakeholders in the north before deciding to scrap potentially valuable energy projects. If we take away northerners' voices on these issues, the communities that can least afford these dangerous polices will be the ones most impacted.

Looking to the future, we need a government that will respect the autonomy of the north, provide economic opportunities for Canada's indigenous populations, invest in northern economic prosperity and protect Canada's oil and gas workers.

Conservatives do not support Bill C-88 and the Liberal government's anti-energy policies. Together, we should change this legislation to better support Canadian industry in the north, and protect the livelihoods of the tens of thousands of workers in northern Canada.

The Northwest Territories has vast underdeveloped oil and gas reserves. It is estimated that the Northwest Territories potentially hold as much as 37% of Canada's marketable light crude oil resources and 35% of its marketable natural gas resources. Like Bill C-69, Bill C-88 will have Ottawa pick the winners and losers. Even if northern industries jump through all the hoops and meet all the criteria, Ottawa can simply say, “No, game over.”

We should have Canadian oil in every refinery in Canada, and jobs for Canadians, not for Saudi Arabia, and support made, produced and manufactured in Canada.

The Liberal government record is shameful. It killed northern gateway by putting a tanker ban on the west coast. Then it created a moratorium on offshore oil and gas development in the Beaufort Sea, an announcement made in December 2016 without even consulting northerners.

The government killed energy east by changing the environmental assessment process almost monthly and then added upstream and downstream emissions, which is not applied to any other industry in the world. The list goes on.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 4:25 p.m.
See context

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, that is exactly what the entire thrust of my speech was. Bill C-88 imposes a drilling moratorium in the Beaufort Sea from Ottawa. That is precisely what the member seems not to want, yet he is standing and saying that is not the case.

He talks about royalties, but if there is no drilling going on, there will be no royalties. I ask the member for the Northwest Territories to stand and defend the interests of the people of the Northwest Territories. The resources being developed would bring improvement to the quality of life in the Northwest Territories, if we can get some of our resources to market.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 4:15 p.m.
See context

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, I would like to begin this debate by quoting the premier of the Northwest Territories when the Prime Minister, in 2016, as part of a Joint Arctic leaders' statement, declared that the Beaufort Sea would be a national park essentially and that there would be no more drilling. This meant that any infrastructure there would now be landlocked and any infrastructure that had been invested in would now be stopped and be held up from being developed.

The premier of the Northwest Territories said that they would end up “living in a park.” That is precisely what the Prime Minister and his principal secretary Gerald Butts would like to see, that all of Canada become a national park, with no economy happening whatsoever.

I will be sharing my time with the member for Fort McMurray—Cold Lake.

Bill C-88 lays out the legal framework for the drilling moratorium. It is part of an ongoing trend we see from the government. Canadians are welcome to live in Canada provided they do not do anything to touch the environment. Again, in the Northwest Territories, this is a record. However, we are seeing a trend.

The Prime Minister has pounded his fists on the table, saying that he will get the Trans Mountain pipeline built. However, when it comes to every other energy project in the country, he has done everything in his power to undermine it. It all started with Bill C-48, the tanker moratorium on the west coast. This effectively killed the northern gateway pipeline. It is part of a larger trend.

In Bill C-68, we see the reversal of the changes we made to the Navigable Waters Protection Act, making it easier for municipalities to develop their regions by putting culverts in and pipelines across streams. Those kinds of things were important changes we had made to make life easier for the people who live beyond Ottawa and Toronto, yet we see the government of today definitely reversing that.

There is also Bill C-69, what we are calling the no more pipelines bill that overhauls the regulatory process for pipelines.

We had a great regulatory framework to build pipelines. Under the Conservative government, we built four pipelines, approved northern gateway and other pipelines. What is really frustrating is that the Liberals went around saying that the public had no confidence in the process, which was completely false. It had been tested significantly by the court. Now that they are in power, they feel the need to overhaul it entirely so it will have to be tested by the court again.

We see that again with Bill C-69, putting the livelihoods of many workers in the oil patch at risk. It is putting the livelihoods of many people who live north of the 55th parallel at risk. We would like to see the government change its ways regarding this.

Bill C-88 is part of a strategy to keep oil in the ground. Therefore, we would definitely like to see it pull this bill back and Bill C-69 in particular.

Over the weekend, there was much to be said about the back-to-work legislation the House imposed on the Canada Post workers. Just yesterday I saw a carton on Facebook about two oil field workers. One of the workers said, “I wish Ottawa would legislate us back to work.” This bill would legislate them out of work.

The Beaufort Sea has vast oil reserves that have been explored. There are millions of dollars in infrastructure sitting up there, which has been basically been abandoned because of the drilling moratorium.

We need to ensure that Canada can work and be prosperous again. We have to ensure that our natural resources, whether oil in the Beaufort Sea, diamond mines in the Northwest Territories, or gold mines in the Yukon, can be developed and can bring prosperity for all of Canada.

One of the major things we know about in northern Canada is the carbon tax and how that will affect northerners in particular. We hear the Liberals talking all the time about Canada being a carbon intensive economy. If we looked outside this morning, we would see that it was snowing, and we typically have snow for six to nine months out of the year, depending on where one lives in Canada. That means the temperature is below freezing for that length of time in the year, so we need to warm things up. We need to make sure our houses stay warm. I enjoy a warm shower every morning. Those things require energy. Not only does Canada require energy, but the world requires energy as well. What better place to get our energy than right here in Canada? However, when we bring in a drilling moratorium in the Beaufort Sea or introduce a carbon tax or table Bill C-69, we limit the development of our natural resources and we then import the energy we need from other jurisdictions that do not have the environmental regulatory framework we have. We do not allow our economy to flourish so it can bring prosperity to some parts of the country that could really use it.

It is important that we develop our resources, including resources in the Beaufort Sea. We know that a large amount of money has been invested in developing that part of the world, and to just bar its development, through government regulation into the future, seems shortsighted and pandering on the world stage to forces outside of Canada.

The announcement in 2016 shows to some degree that the joint Arctic leaders' statement did not take into account the Canadian perspective whatsoever. It was pandering to an international audience. The Prime Minister only had the decency to phone the premier 20 minutes before he made the announcement. That left the territories scrambling. When I was up in the Northwest Territories, one of the things they often said was to let them keep their own royalty revenues. Allowing them to keep the royalty revenues now, when they are unable to develop anything, will not help the situation whatsoever.

With that, I ask the Liberals to reconsider the bill, to reconsider the drilling moratorium in the Beaufort Sea, to reconsider Bill C-69 and Bill C-48, and ensure that we can get development of our natural resources back on the table, bringing prosperity to all Canadians and all Albertans.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 4 p.m.
See context

Liberal

Chris Bittle Liberal St. Catharines, ON

Madam Speaker, today, as we begin second reading debate on Bill C-88, an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other acts, I will use my time to focus on the proposed amendments to the Canada Petroleum Resources Act.

The north is seeing the effects of climate change in a more significant and faster way than the rest of Canada. In fact, climate change in the north is occurring at twice the global rate. Scientists now predict that the north will be ice-free by 2040, rather than the previous prediction of 2100.

Climate change is having a profound impact on Canada's Arctic, as well as northern and indigenous peoples and communities. While some of the impacts of climate change, such as melting sea ice, are creating economic opportunities, they are also creating new health and safety risks for northerners and negatively affecting core traditional northern lifestyles, such as hunting and fishing. These changes are reframing Canada's approach to future development of Arctic offshore oil and gas in three ways.

First, climate change is changing the ecology and distribution of marine species, which requires us to have a better understanding of what the risks are.

Second, climate change is altering the northern environment, with more unpredictability in weather and ice and ocean behaviour, and we need a better understanding of all the factors influencing risks for workers and wildlife.

Third, we have to be sure that activities will be pursued responsibly. We want to strike the appropriate balance between economic opportunities and environmental protection. Development must be done in a way that respects and strengthens reconciliation with indigenous peoples in the north.

I am aware of the importance of oil and gas activities to economic prosperity and social well-being in Canada. We recognize the important potential these activities have to strengthen Canada's northern economy. However, acting in haste would be irresponsible and could cause permanent damage to our oceans and communities.

In 2016, the Prime Minister affirmed that commercial activities in the Arctic would occur only if the highest safety and environmental standards were met and if these were consistent with our climate and environmental goals. These are important principles. As a government, by strengthening and modernizing our regulatory regime, we can ensure that these principles underpin resource development in the north.

The bill's proposed amendments to the Canada Petroleum Resources Act and to the Mackenzie Valley Resources Management Act are part of this modernization.

This is not the first time we have come to this chamber with legislation to help northerners. In the late fall of 2017, we brought forward Bill C-17, an act to amend the Yukon Environmental and Socio-Economic Assessment Act. During third reading debate, the Parliamentary Secretary to the Minister of Crown-Indigenous Relations and Northern Affairs said that we needed a robust process in place to protect our rich natural environment, respect the rights and interests of indigenous peoples and support a strong Canadian natural resources sector.

The bill before the House today aims to do the same thing, namely, to protect the environment, respect indigenous rights, and support the natural resources economy. The bill would also provide the foundation for partnership and future collaboration. We know we can do all of these things, if we take the right approach.

I will now speak more specifically to the Canada Petroleum Resources Act and what the proposed amendments in the bill would do to it. In short, the amendments would allow us to carefully assess the prospects of Arctic offshore resource development in the context of a changing environment. They would enable the government to freeze existing licences held by companies wanting to explore for oil and gas in the Beaufort Sea. This change complements the halt to the issuance of new licenses announced in 2016. This would allow for a thorough evaluation of the current science around climate change and effects on oceans so that we can best determine the next steps for Arctic offshore oil and gas.

The Government of Canada will undertake this review with our northern partners, including Arctic indigenous groups and territorial governments. This means that any decisions will be steered by those most affected.

This approach supports seven-generation thinking. This indigenous principle means that actions should only be taken when we have thought through the consequences for people seven generations into the future. This is critical in the context of climate change and the kind of planet we are going to leave to our grandchildren.

On that note, I want to take a moment and reaffirm our government's commitment to the pan-Canadian framework on clean growth and climate change. This means our government will support and collaborate with indigenous and northern communities and territorial governments as they take action on climate change.

Budget 2016 and budget 2017 provided over $220 million for new programs under the pan-Canadian framework. To date, these investments have supported hundreds of projects in the north and indigenous communities for marine life monitoring studies, coastal erosion and glacial melt impact assessments and initiatives for communities to explore wind and solar power alternatives to offset the use of diesel fuel. The funding is also being used to help indigenous people participate in policy discussions on climate change.

The bill is consistent with these critical efforts to understand, mitigate and adapt to climate change. It is a question of deepening our understanding of the Arctic ecosystem and of the people who call the Arctic home.

Sheila Watt-Cloutier, former international chair of the Inuit Circumpolar Council, has pointed out the importance of seeing the human aspect of effects of climate change in the north. In her book, aptly named The Right to Be Cold, she writes that she has been struck by the tight focus on wildlife instead of human life in the Arctic. She goes on to describe watching a montage about climate change in the Arctic produced by non-northerners. She relates that the photographs were impersonal, showing images of droughts, melting glaciers, coastal erosion and polar bears. She said that there was not a human face in sight.

The point is that when dealing with the Arctic, we are dealing with societies as well as ecosystems. Taking a step back, the proposed amendments in the bill enable us to look at the big picture, including our interconnectedness and vulnerability as humans in a rapidly changing world.

That is why I support Bill C-88 as it relates to the Canada Petroleum Resources Act and encourage all members to do the same.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 3:45 p.m.
See context

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

Madam Speaker, thank you for giving me the opportunity to express my support for Bill C-88 and explain why I approved it at second reading stage. Before I go on, I want to tell you that I will be sharing my time with the hon. member for St. Catharines.

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

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

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

Although the proposed bill does not specify the form, scope, or subject of the studies, it clearly sets out what these studies and committees are not. Regional studies are not a substitute for the regulatory boards, for example, or any of the roles these boards play in the regulatory regime.

The bill also states that a committee has no other role than what is set out in its terms of reference. Asking a committee to undertake a study essentially means hiring an expert or consultant to prepare a report. Under this bill, regional studies would be subject to the general principles of the integrated co-management regulatory regime authorized by the Mackenzie Valley Resource Management Act.

The value of including regional studies in environmental impact assessments has long been recognized. Under subsection 16(1), proponents had to consider the cumulative environmental effects of their projects, while section 16(2) emphasized the role and value of regional studies, outside the scope of the act, in considering cumulative effects. Parliament repealed the act in 2012, replacing it with a new version that explicitly authorizes the minister of the environment to establish committees to conduct regional studies. Regional studies also feature prominently in a 2009 publication issued by the Canadian Council of Ministers of the Environment.

The publication, which is entitled “Regional Strategic Environmental Assessment in Canada: Principles and Guidelines”, lists the benefits of regional studies. These include analyzing, identifying and managing cumulative environmental effects at a more appropriate, regional scale.

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

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

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

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

By authorizing regional studies, Bill C-88 will make this valuable tool available to regulatory boards in the Northwest Territories. The studies can be used to support project reviews and potentially speed up environmental assessments and environmental impact reviews.

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

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

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

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 3:30 p.m.
See context

Conservative

Jim Eglinski Conservative Yellowhead, AB

Madam Speaker, here we are again with another anti-energy policy from the current Liberal government that is driving energy investment out of Canada, costing Canadian workers their jobs and significantly increasing poverty in certain regions, especially in the north.

I am speaking to Bill C-88, because I am concerned that the changes it would make would politicize oil and gas extraction by expanding the powers of this Liberal government to block economic development. It would take local control and environmental stewardship away from the aboriginal people of the region and would inhibit local, territorial governments from doing what is best for the people of the area. I am speaking of the Mackenzie Delta.

I see that my friend across the way is smiling, because he is very proud of the region he has grown up in.

Bill C-88 is not just another Liberal anti-energy bill, like Bill C-48, Bill C-69 and Bill C-86. These bills could block all future pipelines, giving the government the authority to unilaterally shut down natural resource development. It is now systematically going after the Northwest Territories, as it has done with our western provinces.

Only a few people get to visit the Mackenzie Delta or travel the pristine waters of the Mackenzie River. Those who do find it breathtaking, due to its vast biological and ecological formations.

When Sir Alexander Mackenzie travelled the Mackenzie River in 1789, he was astonished by its sparse population and the pristine beauty of the region. As members may know, the river was named after him. That is for a few of my Liberal colleagues across the way, except for the member for the Northwest Territories.

I count myself fortunate, no, I should say I count myself blessed and lucky, to have been able to travel from the start of the Peace and Athabasca rivers, which are the headwaters of the Mackenzie River, and I have followed it as it flows, leading to the Beaufort Sea in the north. This pristine area, rich in ecological wealth, covers an area of just under two million square kilometres, and its drainage basin encompasses one-fifth of Canada. This is the second-largest river in North America, next to the Mississippi River.

Oil and gas have been part of this region since 1921. There are also mines of uranium, gold, diamond, lead and zinc in the area. During World War II, a pipeline was built from Norman Wells to Whitehorse, in Yukon. It carried crucial petroleum products needed during World War II and helped Canada and the United States build the Alaska Highway, which significantly helped Canada during the war. It is called the Canol Pipeline, and it still exists today.

At a very young age, I personally met and was inspired by one of Canada's great leaders. That was Mr. John Diefenbaker, whose statue sits at the rear of this building. He was a leader of great wisdom and vision who led our country to where it is today. I remember he once said, “I see a new Canada—a Canada of the North.” This is what he thought of and envisioned. He spoke of giving the people of northern Canada the right to develop their resources, protect their environment and maintain and develop strong economies in the region. Diefenbaker saw the need for the people of the north to do this, not the Government of Canada.

One of Canada's leading novelists of the same era, Hugh MacLennan, a Liberal visionary, noted at the time that by 2061, the Mackenzie Delta would have three million people living along the banks and shores of the river and that people's pockets would be full of money from the wealth of the region. He said there would be at least two universities built in the Mackenzie Delta area.

That Liberal's prediction was wrong, and the actions of my Liberal friends across the way from me are also wrong.

There are roughly 10,000 people living along the Mackenzie River Delta, in places like Wrigley, Tulita, Norman Wells, Fort Good Hope, Fort McPherson, Inuvik, Aklavik and Tuktoyaktuk. I have been to those communities and I know the people.

There are 68 aboriginal groups that also live in this region. I have had the pleasure and honour of gathering and socializing with them to discuss their issues. We used to gather at the Petitot River. I have been there a number of times. To me, they are the real stewards of the land, not organizations like CPAWS, the David Suzuki Foundation or others that have the ear of the environment minister. The aboriginal groups are the real Canadian environmentalists and the real stewards of the land.

Recently, Merven Gruben, the mayor of Tuktoyaktuk, testified at the committee on indigenous and northern affairs. He said that the Liberal government should be helping northern communities. Instead, it shut down the offshore gasification and put a moratorium right across the whole Arctic without even consulting communities. He also said that people in his town like to work for a living and are not used to getting social assistance. Now, all they are getting are the few tourists coming up the new highway. That makes for small change compared to when they worked in the oil and gas sector.

They are the people of the Mackenzie River Delta. Our Conservative government gave them the power to manage their resources in a true, healthy and respectful manner that only the people of the region can do. This was done through Bill C-15, which created the Northwest Territories Devolution Act of 2014.

Our former Conservative government viewed the north as a key driver of economic activity for decades to come, but this Liberal government is arbitrarily creating huge swaths of protected land with little or no consultation with aboriginal communities, while other Arctic nations are exploring possibilities within their respective areas.

Bill C-88 reveals a full rejection of calls from elected territorial leaders for the increased control of their natural resources. It consists of two parts. Part A would amend the Mackenzie Valley Resource Management Act of 1998. Part B would amend the Canada Petroleum Resources Act to allow the Governor in Council to issue orders. That scares me.

What about the provisions that were introduced by the former Conservative government within Bill C-15's Northwest Territories Devolution Act? Bill C-88 would reverse these changes, even though Liberal MPs voted in favour of Bill C-15 when it was debated in Parliament, including the Prime Minister.

Now the Liberals want to reverse the former government's proposal to consolidate the four land and water boards in the Mackenzie Valley into one. I believe this is so that they can take control. The creation of a single board was a key recommendation that would address “complexity and capacity issues by making more efficient use of expenditures and administrative resources” and would allow for administrative practices to be “understandable and consistent”. When Bill C-15 was debated in the House of Commons in 2013 and 2014, the restructured board was included in the final version of the modern land claim agreements.

The Liberals would further politicize the regulatory and environmental processes for resource extraction in Canada's north by giving cabinet sweeping powers to stop projects on the basis of “national interest”. This reveals a rejection of calls from northerners for increased control of their national resources.

The Liberal government should leave the people of northern Canada with their resources and let them be their own environmentalists and stewards of the land. They know it the best.

The House resumed consideration of the motion that Bill C-88, An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts, be read the second time and referred to a committee.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 1:50 p.m.
See context

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, it is a pleasure for me to rise to begin my remarks on Bill C-88.

I will be sharing my time with my colleague for Yellowhead.

Bill C-88 speaks to the general context in which we think about oil and gas development in Canada. It speaks to the framework that the government has put in place that allows or does not allow important projects to go forward. I will speak in more general terms about some of those issues during the five minutes I have before question period. After question period, I will continue and speak more specifically about some of the issues that are dealt with directly in Bill C-88.

I am pleased to represent an oil and gas riding. We have something called the “industrial heartland”. We benefit, in particular, from the downstream refining and upgrading component to the energy sector. However, we have many people from our riding who are involved in the direct extraction of our energy resources as well.

Sometimes we hear points made in the House that somehow we should choose between the issue of getting pipelines developed or getting value-added processing done in Canada. People in my community, which is a hub of value-added processing, are very supportive of pipeline development as well. It is not an either/or. In fact, we can do both at the same time. Indeed, we need infrastructure to get our resources to market. At the same time, we are very supportive of policy proposals that facilitate greater energy-related manufacturing and otherwise taking place within Canada.

Under the previous government, we saw four pipelines get built and a number of other projects were in process at the time when there was a change in government. What was the current government's approach when it came to developing vital energy resources? First, it directly killed the northern gateway pipeline project and passed a tanker exclusion bill that sought to make the export of our energy resources from northern B.C. impossible. Even if there were to be a new project proposed that went through all the consultation requirements, that still would be unable to succeed because of Bill C-48.

The government piled all sorts of new conditions on the energy east pipeline project, which led to a decision not to proceed with it. However, let us be very clear. It was the Liberal government changing the rules in the middle of a process, adding additional conditions, that prevented that from going forward. Of course, we have seen its failure thus far with respect to the Trans Mountain pipeline as well. This is really having a chilling effect on development.

I look forward to continuing my remarks after question period.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 1:40 p.m.
See context

Liberal

Francis Drouin Liberal Glengarry—Prescott—Russell, ON

Mr. Speaker, I am pleased to be here today to show my support for Bill C-88, while acknowledging that we are gathering on the unceded traditional territory of the Algonquin people.

Our government is taking a new approach. We are currently conducting extensive consultations with indigenous governments and organizations as well as other key stakeholders on issues that will affect them. This process has helped create a law from which all Canadians can benefit.

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

Our indigenous partners have made their opinions quite clear. The Tlicho government and Sahtu Secretariat Incorporated applied to the courts in 2014 and 2015 respectively to defend their rights in accordance with their individual land claim and self-government agreements.

The bill we are debating today corrects the problems caused by the Conservatives and responds directly to the concerns expressed by indigenous governments and organizations. As part of the ongoing reconciliation process, the Minister of Crown-Indigenous Relations asked departmental officials to initiate an ongoing dialogue with indigenous organizations and governments in the Northwest Territories to address their concerns.

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

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

In addition to indigenous organizations and governments, Canada consulted the Government of the Northwest Territories. Our government also consulted members of the mining and gas and oil industries, including the NWT & Nunavut Chamber of Mines, the Mining Association of Canada, the Prospectors and Developers Association of Canada and the Canadian Association of Petroleum Producers.

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

Canada recognizes that the Conservatives' legislation was drafted without enough consultation. That is why the Government of Canada ensured that the voices of indigenous groups, the government of the Northwest Territories, and industry representatives were heard at every stage of the process—from initial discussions through to drafting and review. Bringing together stakeholders is the key to developing effective policies and practices. The Government of Canada is holding extensive consultations in order to create processes that satisfy the needs of all parties. That ensures that the final product serves everyone in a positive and productive manner and gets rid of any possible uncertainty regarding natural resources.

In March, the Minister of Crown-Indigenous Relations met with industry groups to better understand their opinion on developing and co-managing resources in the North. Industry plays a major role in creating a stronger and better relationship with governments and indigenous organizations when it comes to protecting, managing and developing Canada's natural resources.

In order to truly make progress on the path to reconciliation with indigenous peoples, industry must be taken into consideration as a key strategic partner alongside all levels of government. By bringing together all the stakeholders, every concern will be addressed as it is raised.

If passed, the amendments this bill makes will contribute to the more efficient, predictable and consistent use and management of land, water and natural resources in the Mackenzie Valley. With the creation of a clearer path for governments and organizations in terms of natural resource management, industry will no longer face the potential uncertainty that hinders its ability to invest in northern Canada.

This law will enhance economic opportunities and growth while protecting the environment for future generations. It addresses concerns expressed by indigenous organizations and governments and respects the framework flowing from their constitutionally protected land claim and self-government agreements. It recognizes the importance of having indigenous peoples actively participate in the co-management of natural resources and of protecting their right to monitor the future of their territory.

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

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 1:30 p.m.
See context

Liberal

Michael McLeod Liberal Northwest Territories, NT

Mr. Speaker, I will be splitting my time with the member for Glengarry—Prescott—Russell.

I am very proud to join my colleagues to speak in full support of Bill C-88 today. The Prime Minister stated that no relationship is more important to our government and Canada than the one with indigenous peoples. I am proud that we made that commitment and that we continue to strive to fulfill it.

The bill before us today is an important part of this commitment to me and my constituents in the Northwest Territories. The Mackenzie Valley Resource Management Act was originally passed in 1998. It provides for the establishment of an integrated system of land and water management for the Mackenzie Valley through a series of co-management boards, at which the Dene, Métis, territorial and federal governments share input and decision-making. Although the MVRMA was passed in 1998, the discussions on this type of land and water management system began in the early 1980s during the negotiations of the Sahtu Dene and Metis Comprehensive Land Claim Agreement.

Regional land claim and self-governing regions in the NWT have boards, also called panels, that review and make recommendations about their lands. Unfortunately, regardless of the system that was in place after years of negotiation, a system that was working well and gave the indigenous people the right to oversee how their lands were used, the previous government decided to cut these boards out of the process. I am glad they were not successful.

First, the Tlicho government filed an injunction, later joined by the Sahtu Secretariat. The Supreme Court of the Northwest Territories agreed and granted this injunction, so here it sits. These previous amendments were never brought into force and the regional boards continue to operate efficiently and effectively, as intended.

Our government is dedicated to a renewed relationship with indigenous peoples in the spirit of reconciliation. One of the key elements in achieving true reconciliation is meaningful consultation. That requires real work. We are committed to restoring trust and further strengthening our relationship with indigenous partners in the Northwest Territories by supporting the integrated co-management regime for lands and waters in the Mackenzie Valley.

We need to ensure that the management of our natural resources is done in a way that respects the inherent and treaty rights of the indigenous people. Through Bill C-88, we can ensure sustainable resource development while also protecting the long-term health and well-being of the environment. This proposed legislation was created in a spirit of reconciliation meant to help renew the relationship between the Crown and indigenous peoples in the Northwest Territories through mutual respect and co-operation.

Bill C-88 is a direct response to the concerns of the indigenous governments and organizations respecting the legislative and regulatory framework flowing from their constitutionally protected land claims and self-government agreements. While the previous government ignored these concerns, we know that by working together we can reach a better result.

The amendments proposed by this bill respect the integrity of the land claim agreements the Government of Canada and the Government of the Northwest Territories entered into in good faith. We have heard loud and clear from our indigenous partners that the dissolution of the Gwich'in, Sahtu and Tlicho land and water boards by the previous Conservative government denied indigenous groups their hard-won rights. We have also heard from them that it directly contravened their land claim agreements, which included the creation and management of these boards. Reconciliation is not an empty word to our government.

Actions must follow words in order to move forward and work toward real, lasting and positive change in the relationship between Canada and indigenous peoples. The bill before us today proposes to reverse the board restructuring and reintroduce the other regulatory amendments that have also been on hold. Simply put, indigenous people have the right to oversee how their lands are used, and also to share in the wealth.

Bill C-88 would integrate the perspectives of indigenous people into the future usage of lands and water on their territories by including and incorporating indigenous views and perspectives into the decision-making regarding land and resources.

We must work together to improve the quality of life of indigenous peoples in Canada, and key to achieving this goal is indigenous control over indigenous lands. In order to protect the integrity of land claim agreements and treaty rights, the importance of engagement and consultation must be respected.

The Gwich'in, Sahtu and Tlicho stood up and made it clear that they wanted their voices heard and their rights acknowledged and respected. This bill will ensure that they continue to have a say in what happens to the lands and water they preside over.

I mentioned earlier that there are other amendments in this bill besides those aimed at fixing the restructuring part that has been on hold the past four or so years, so not all of the previous government's amendments were off base. However, they are all tangled up in their restructuring error.

This bill reintroduces these amendments. There are regional studies, board term provisions and new regulatory authorities, to name a few. The amendment to the Canadian Petroleum Resources Act would enable the science-based review currently under way in the Beaufort Sea to be completed without interruption, while at the same time preventing the existing oil and gas rights in the Arctic offshore from expiring before the conclusion of the review. After a one-year consultation with existing rights holders, territorial governments and indigenous governments, everyone agreed on the importance of protecting the unique Arctic offshore environment while pursuing responsible oil and gas activity.

True reconciliation cannot occur until indigenous governments and organizations are fully included in the management of lands and resources in the north. We need to bring the voices of indigenous people into the process in order to have a broader and more complete view of the future of Canada's natural resources. As the Prime Minister has said, “Together, we can build a world where the rights of Indigenous peoples are respected, where their voices are honoured, and where their communities thrive.”

The bill we are debating today will ensure that the unique perspectives of indigenous governments, leaders and communities will be heard and listened to. I urge all of my colleagues today to recognize the importance of incorporating an indigenous perspective into the future decision-making of our natural resources sector and to support this important legislation.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 12:55 p.m.
See context

NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, I am happy to rise to speak to Bill C-88, an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act. I would like to start by saying that the overall position of the NDP on this bill is that northerners know best how to manage their own resources. We will be supporting this bill at second reading but feel there are some areas where important improvements could be made.

This bill is part of a series of measures the Canadian government has made over the past half-century or so to bring more democracy to the north and end the colonial style of government that has been in place since Confederation. It seems, though, that every step forward has some steps backward and this bill perhaps is no exception. This is a bit of an omnibus bill.

I just want to point out that although the member for Kamloops—Thompson—Cariboo mentioned that the NDP and Liberals voted for Bill C-15, that was because it was an omnibus bill on the devolution of power to the Northwest Territories. We were all in favour of the bill and then the former Conservative government tacked on that poison pill which cut down indigenous rights. We supported it, even though we had concerns about that last part of it.

This is a bit of an omnibus bill. It sets out to do two different things. First, it would repeal parts of Bill C-15, the Northwest Territories Devolution Act, which was passed in the last Parliament and, second, it would bring into force an announced a moratorium on oil and gas exploration and development in offshore waters in the Canadian Arctic. Bill C-15, passed in 2014, was a bit of an omnibus bill. The bulk of that bill dealt with the devolution of powers from the federal government to territorial government. The general public opinion in the north was that this was a great thing. It was reversing the tide of colonialism and giving back more powers to northerners to manage their own affairs.

However, the second part of Bill C-15 went back on that, eliminating four regional land and water boards and replacing them with a single super board. Those four boards were created out of land claims agreements and negotiations with various first nations in the Mackenzie Valley area and the new super board significantly reduced the input that those first nations would have on resource management decisions.

Since 1967, much of the political history of the Northwest Territories has been one of de-colonialization through the devolution of powers from the federal government, and there have been four settled land claims in the Northwest Territories since then.

First, the lnuvialuit agreement covers the northern part of the Mackenzie Delta, the Beaufort Sea region and the Northwest Territories portion of the Arctic Archipelago. The region is outside the areas covered in the regional land and water boards covered in Bill C-88 but does bear on the second part of the offshore oil and gas exploration.

Second, the Gwich'in agreement covers the southern portion of the Mackenzie Delta and the northern part of the Mackenzie Mountains.

Third, the Sahtu Dene and Métis agreement covers the region around Great Bear Lake and the adjacent Mackenzie Mountains.

Fourth, the Salt River Treaty Land Entitlement covers an area near the town of Fort Smith, Northwest Territories. This agreement does not involve the Mackenzie Valley Resource Management Act.

There are two more agreements in place now in the Northwest Territories: the Deline self-government agreement for a community covered by the Sahtu agreement, and the Tlicho land, resources and self-government agreement covering the area north of Great Slave Lake.

These agreements are modern-day treaties that create and confirm indigenous rights and are protected by section 35 of the Constitution. The Gwich'in, Sahtu and Tlicho agreements contain provision for the creation of a system of co-management boards enacted by the Mackenzie Valley Resource Management Act. On each of these boards, there are four members and a chair. Two of the four members are nominated or appointed by the Gwich'in, Sahtu or Tlicho, so that they have an equal partnership in those decisions.

In parts of the Northwest Territories where there is no settled land claim, the main board created by the Mackenzie Valley Resource Management Act, the Mackenzie Valley Land and Water Board, is in operation. In the lnuvialuit Settlement Region, the Canadian Environmental Assessment Agency conducts environmental assessments.

On December 3, 2013, the Harper government introduced Bill C-15, which was primarily meant to implement the provisions in the Northwest Territories Lands and Resources Devolution Agreement. However, as I mentioned, it contained this poison pill in the form of changes to the land and water co-management boards created by the Mackenzie Valley Resource Management Act.

The Harper bill eliminated the regional boards in favour of a single superboard consisting of 10 members and a chair. Bill C-15 also changed the process by which members of the single board were appointed and only provided for a single representative from the Gwich'in, Sahtu and Tlicho. These groups went from having an equal partnership, two of four members, to only having one in 10 members on this superboard. These changes were wildly and widely unpopular in the Northwest Territories and contrary to the wishes of northerners, as reported by a consultation process launched by the Conservatives prior to bringing forward Bill C-15.

The member previously mentioned the McCrank report. There was a consultation process about that report, but the first nations, when told about these options, said not to do this and that they did not like it. It is not consultation if we just tell first nations what is going to happen. We have to try to make accommodation, and that is exactly what did not happen here. I have some quotes about what first nations and Métis groups thought of this.

Jake Heron from the Métis Nation said that it's very frustrating when you're at the table and you think you're involved, only to find out that your interests are not being considered seriously.

Bob Bromley, an MLA in the Northwest Territories said, “The federal government's proposal to collapse the regional land water boards into one big board is disturbing, unnecessary and possibly unconstitutional.” He also said that a single board “does nothing to meet the real problem: failure of implementation.”

Dennis Bevington, a former MP for the Northwest Territories said, “I don't think that's fair to the people that went into the devolution agreement, people like the Tlicho who agreed to the devolution deal because it had some separation from the Mackenzie Valley Resource Management Act. I think it's inappropriate.”

Bill C-15 received royal assent on March 25, 2014. Shortly afterward, the Tlicho and Sahtu launched lawsuits asking for declarations of portions of the devolution act to have no force or effect and an interim injunction to stop the Government of Canada from taking steps to implement those provisions of Bill C-15 that affected the regional board structure for the Mackenzie Valley. On February 27, 2015, the Supreme Court of the Northwest Territories granted that injunction to the Tlicho. The federal government immediately began appeal proceedings to lift the injunction, but with the defeat of the Harper government, Canada began consultations with Northwest Territories indigenous governments and the Government of the Northwest Territories. The result is Bill C-88 before us today, which would reverse those changes to the Mackenzie Valley Resource Management Act.

Last night, I happened to be sitting next to Grace Blake on the plane flying from Toronto to Ottawa. She is a Gwich'in leader from Tsiigehtchic. She was very happy to hear that Bill C-88 would keep the land and water boards in place. I think her feelings are representative of most residents of the Northwest Territories.

A representative from the Tlicho, Ryan Fequet, said, “The current land and water boards' composition reflects 50-50 decision-making between first nations and the federal government, and I think the superboard's proposed structure would have changed that, and that's why various parties voiced their concerns.”

I will now go to the second part of Bill C-88, which deals with the Canada Petroleum Resources Act.

As other members have mentioned, this began back in late 2016 when the Prime Minister was meeting with President Barack Obama and they both gave what was called the United States-Canada joint Arctic leaders' statement. In that, Barack Obama said that the U.S. is designating “the vast majority of U.S. waters in the Chukchi and Beaufort seas as indefinitely off limits to offshore oil and gas leasing.”

At the same time, it seemed that Canada felt obliged to designate all Arctic Canadian waters as indefinitely off limits to future offshore Arctic oil and gas licensing, to be reviewed every five years through a climate and marine science-based life-cycle assessment. The Prime Minister made this decision without properly consulting any form of government in the north. As was mentioned, he gave everybody a phone call 20 minutes before the fact.

Northwest Territories Premier Bob McLeod reacted by issuing a red alert calling for an urgent national debate on the future of the Northwest Territories and saying that the Prime Minister's announcement was the re-emergence of colonialism.

He added:

We spent a lot of time negotiating a devolution agreement, and we thought the days were gone when we'd have unilateral decisions made about the North in some faraway place like Ottawa, and that northerners would be making the decisions about issues that affected northerners.

In response to the Prime Minister's unilateral action, the 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.

And at the same time, when one potential source of revenue is taken off the table, it puts us back at practically Square 1 where Ottawa will make the decisions for us.

The Inuvialuit Regional Corporation also raised concerns. Duane Smith, the CEO, stated:

There was a total lack of consultation prior to the imposition of the moratorium. This and the subsequent changes to key legislation impacting our marine areas are actions inconsistent with the way the Crown is required to engage with its Indigenous counterparts.

I happened to talk to Mr. Smith about this subject when I was at the Generation Energy Forum meetings in Winnipeg in October 2017, a year later, and he was still hopping mad about this.

In response to the concerns of northerners, Canada began a consultation process and agreed in October 2018 to begin talks with the territorial governments and the Inuvialuit Regional Corporation to reach a co-management and revenue-sharing agreement. Meanwhile, the current oil and gas development moratorium remains in place, to be reviewed in 2021.

Now I would like to speak to how this bill could be improved.

For one thing, despite the fact that the government supported my colleague's private member's bill on putting the United Nations Declaration on the Rights of Indigenous Peoples into every appropriate legislation that the government produces, there is no mention of that at all in this bill. Again, I talked to first nations leaders and they are very frustrated with the government over all the talk and no action in that regard.

The second place that it could be improved, and I will mention this a little later, is through a real commitment for intervenor funding in the review processes that this bill puts forward. There is no mention of that and it is a critical part of any proper consultation.

Outside this bill there are still so many more important areas that the government could be taking action on, such as with respect to first nations drinking water. Seventy-three per cent of drinking water systems are considered at high or medium risk, according to the Parliamentary Budget Officer.

With respect to indigenous housing, estimates from the First Nations Financial Management Board pegged the housing infrastructure gap on reserve at between $3 billion and $5 billion. This was the main thing mentioned to me by Grace who was sitting next to me on the plane last night. Her concern is housing, housing, housing.

With respect to indigenous schooling, whether we look at physical infrastructure, teachers or dropout rates, critical gaps remain. Less than a quarter of indigenous students who started grade 9 went on to finish high school. We really have to step up the game and fix these gaps.

The government has to stop fighting indigenous people in court. Currently, there are thousands of court cases going on between Canada and indigenous people, including 528 specific land claims and 70 comprehensive land claims.

The government has to fix the high cost of food in the north by replacing the nutrition north program with one that actually assists northerners in affording nutritious foods.

It should settle the two outstanding land resource and self-government processes in the Northwest Territories with the Dehcho and the Akaitcho.

I want to finish by mentioning a process that really brought northern resource management issues, and specifically management issues in the Mackenzie Valley, to the attention of southerners and radically changed the way northerners took control of their resource decisions. That was the Mackenzie Valley inquiry, or the Berger inquiry, as it is popularly known. It began with pipeline plans in the early 1970s to bring oil and gas from Prudhoe Bay in Alaska, across the north, over the Yukon to the Mackenzie Valley, as well as two separate plans for pipelines down the Mackenzie Valley into Alberta. The Liberal government at the time commissioned Justice Thomas Berger to create an inquiry that would look into the situation and figure out what northerners wanted, what the impacts of those projects would be on the north and how the government should best proceed.

Justice Berger started in 1974. He travelled to every community in the area, 35 communities, in the affected region. Everyone who wanted to testify was heard. Several days were usually spent in each community. For instance, in Old Crow, in the Gwich'in territory in northern Yukon, 81 people out of a population of 250 testified, many in the Gwich'in language. Five other languages made up the testimony from the other communities. Anyone who wanted to speak was heard carefully and respectfully.

The Berger inquiry also set the standard for intervenor funding. I mentioned that earlier. That money is used to allow concerned citizens to travel and speak at hearings. In 1977, Justice Berger released his findings. He found that the environmental impacts of a pipeline across the Arctic slope of the Yukon would be too great to justify the benefits. Instead, he recommended much of that area be protected from development.

Therefore, in 1984, Ivvavik National Park was created in the Inuvialuit settlement region. In 1995, Vuntut National Park was created in the Gwich'in area of northern Yukon. I had the pleasure and the privilege of visiting those areas.

In 1983, I spent the summer doing biological surveys in the Old Crow area and spent 10 days on Herschel Island, just off the coast of the Beaufort Sea. It was a wonderful time on Herschel. Liz Mackenzie and her two daughters were the only permanent residents there. They were Inuvialuit. They kept us well fed with bannock and fresh Arctic char. I rafted down the Firth River in 1995. I saw muskox and caribou. The porcupine caribou herd calves along the Arctic coast of Alaska and migrates through this area. It is because of those protections that the porcupine herd is literally one of the only caribou herds in Canada still doing well these days. Most caribou herds are declining drastically.

As for the Mackenzie Valley pipeline, Justice Berger pointed out that land claims negotiations were just taking place in the Mackenzie watershed, so he placed a 10-year moratorium on any decision in that region to allow those agreements to be finished. The Berger inquiry is really the gold standard of consultation in Canada. If anyone in the government is interested in what good, proper consultation looks like, this is it. People were heard and accommodations were made.

If we look at the leaders of today in Northwest Territories, many of those leaders began their career by being inspired by leading their people in the Berger inquiry. In an article Ian Waddell wrote on this, he mentioned a few of those names. There was Nellie Cournoyea, who worked for the committee on the original people's entitlement, the Inuvialuit group. She later became the premier of Northwest Territories. Dave Porter, who used to carry equipment for the CBC crew, became a great aboriginal leader in Yukon. Jim Antoine, then the young chief of the Fort Simpson Dene became the premier of Northwest Territories. Georges Erasmus, who appeared before the inquiry for the Indian Brotherhood of the Northwest Territories, later the Dene Nation, became the head chief of the Assembly of First Nations, and on and on.

I will finish by saying that northerners, regardless of descent, overwhelmingly support land, resource and self-government agreements and the co-management processes created by them. Northerners see these processes as de-colonialism. Resource extraction is the only viable form of economic development available to northerners, and while they want strong environmental protections for any resource development, northerners want to be equal partners in making these decisions.

We support Bill C-88, and we support this process of the devolution of powers to territorial and indigenous governments They must continue to eliminate colonialism within our country.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 12:25 p.m.
See context

Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, I rise today to speak to Bill C-88, an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other acts.

Before I get into the details of the bill, it is important to look at the context with respect to what has been happening over the past three years and what is starting to be a real pattern of the Liberal government. The decisions it makes consistently increase red tape and bureaucracy, and are mostly anti-resource development. This bill is no different.

I would like to talk about a few areas to show the context, which will then show that this follows a pattern that adds to what is becoming an increasing concern in the country, and that is the ability to move our natural resources forward.

When the Prime Minister took office, there were three private companies willing to invest more than $30 billion to build three nation-building pipelines that would have generated tens of thousands of jobs and billions in economic opportunity. The Prime Minister and his cabinet killed two and put the Trans Mountain expansion on life support. Bill C-69 would block all future pipelines.

In addition, the government has made a number of arbitrary decisions regarding natural resource development, with absolutely no consultation with those impacted. Today, we only need to look at what is happening in Alberta with the hundreds of thousands of job losses. Who has ever heard of a premier having to decrease the production of a needed resource throughout the country and the world because we simply cannot get resources to the market? This is because of the government's failure.

The northern gateway project was approved by the former government in June 2014. It had a number of conditions on it, just like the current Trans Mountain project does.

In November 2015, just one month after being elected, the Prime Minister killed the project without hesitation. It was subject to a court challenge. When we did finally hear what came out of that court challenge, to be frank, it was nothing that could not be overcome. We could have dealt with that.

The court decision told the Prime Minister to engage in consultation in a more appropriate and balanced way. The court really gave what I would call a recipe for perhaps fixing some problems with the process.

Did he wait for the court decision? No. He went out and killed it flat. With this approved pipeline, he did not wait for a court decision or wait to see how it could move forward. He decided that he did not want that one.

I think we are all pretty aware of the Trans Mountain pipeline. It has been moving along for many years. We know that many first nations support it and hope to see it go through, as they see enormous opportunities for their communities. Of course, others are against it.

What happened in this case? When the Liberals came to government, they decided they had to have an additional consultation process. However, did they follow the directions of the court in the northern gateway decision in which the court was very clear about what the government had to do to do consultations properly? Apparently not. When the court decision came down, we learned otherwise. To be frank, it was much to my surprise, because the Liberals talked about how well they were consulting and that they were putting this additional process in place. The court said that the Liberals did not do the job. What they did was send a note-taker and not a decision-maker.

The fact that the Liberals did not consult properly on the Trans Mountain pipeline is strictly on their laps, as they had very clear guidance from the northern gateway decision and they did not do what they needed to do. They should be ashamed of themselves. Had they done a proper process, they likely would not have had to buy the pipeline, the pipeline would be in construction right now and we would be in a lot better place as a country. With respect to the Trans Mountain pipeline, the blame for where we are on that pipeline lies strictly on the laps of the Liberals.

I also want to note, in spite of what people say, that the courts have said the process was okay, so it has nothing to do with environmental legislation by the previous government or with anything the Conservatives had put in place. It was the Liberals' execution of a flawed process.

Energy east was another one. The former Liberal MP who is now the mayor of Montreal was very opposed to it. I am not sure of all the pieces that went into the Liberals' decision-making, but all of a sudden, the downstream and upstream emissions of energy east had to be measured. As people have rightfully asked, has that happened for the tankers coming down the St. Lawrence from Saudi Arabia and Venezuela? Did that happen with the bailout for Bombardier?

The Liberals created regulatory barriers. Trans Mountain hung on for a long time before it finally said no go. I think Energy east saw the writing on the wall, knowing that the government was not going to be its friend and create an environment to get the work done. It could see the new rules coming into place, so it walked. What a double standard. Canadians who extract energy in an environmentally sound and environmentally friendly way have had standards applied to their ability to move oil through a pipeline that no other country in the world imposes on companies in terms of upstream and downstream emissions.

Next on the plate is Bill C-69. A number of former Liberals are very open about their concerns about Bill C-69. Martha Hall Findlay, a very respected former Liberal MP, said in a recent Globe and Mail article that the new environmental legislation, Bill C-69, “is the antithesis of what this regulatory reform effort hopes to achieve.... [I]n its 392 pages, the word 'competitiveness' appears only twice. Neither the word 'economy' nor the phrase 'economic growth' appear at all.” We have new environmental legislation that most people call the no-more-pipeline bill.

Martha Hall Findlay went on to note that this bill would create enormous uncertainty, more red tape and increased court challenges, and not only in the energy sector but in all other infrastructure in Canada for years to come. I do not know if members are starting to see a pattern: the Liberals have killed pipelines and put in legislation preventing new pipelines from being built. I am not sure why the process with Trans Mountain was not proper; it should have been. Everyone knew what they had to do, but they did not.

Another piece of legislation that is focused on killing opportunities in this country is the tanker moratorium, Bill C-48. The government loves to talk about how it consults, consults and consults, but it only consults to get the answer it wants. There was a large group of first nations that had a huge opportunity with the Eagle Spirit pipeline that would go through its territory. It had plans, it was moving along, everything was in place, and all a sudden Bill C-48, the tanker moratorium, put its dreams and hopes to rest for a while. The interesting thing is that there was no consultation at all. There was no notice about this tanker ban, so how can there be consultation when the government does not want to do something, but vice-versa when it wants to do something?

Now I will get into the details of Bill C-88. In 2016, there was an oil and gas moratorium in the Beaufort Sea, and the interesting thing about that announcement was that for most people in Canada, it came out of nowhere. The Prime Minister did not even have the respect to hold conversations with the territorial premiers and the people most impacted. He made the announcement down in Washington, D.C., along with an “Oh, by the way” phone call 20 minutes before announcing this measure that would impact those communities. That is absolutely shameful. The Prime Minister announced a moratorium on all oil and gas development in the Beaufort Sea when he was down in the United States with President Obama at the time.

I want to read a few quotes by the community leaders subsequently. The Northwest Territories premier Bob McLeod issued a “red alert...for urgent national debate on the future of the Northwest Territories”. He wrote:

The promise of the North is fading and the dreams of northerners are dying as we see a re-emergence of colonialism....

Whether it be ill conceived ways of funding social programs, or new and perplexing restrictions on our economic development, our spirit and energy are being sapped.

That is a very different from what we just heard from the parliamentary secretary when she talked about the previous government. It is her government. Did she hear those words from the premier? He said, “our spirit and our energy are being sapped”.

Mr. McLeod further wrote:

Staying in or trying to join the middle class will become a distant dream for many....

This means that northerners, through their democratically elected government, need to have the power to determine their own fates and the practice of decisions being made by bureaucrats and governments in Ottawa must come to an end. Decisions about the North should be made in the North. The unilateral decision by the federal government, made without consultation, to impose a moratorium on arctic offshore oil and gas development is but one example of our economic self-determination being thwarted by Ottawa.

Then Nunavut premier, Peter Taptuna, told the CBC on December 22, 2016:

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. And at the same time, when one potential source of revenue is taken off the table, it puts us back at practically Square 1 where Ottawa will make the decisions for us.

Merven Gruben, the mayor of Tuktoyaktuk, told the indigenous and northern affairs committee on October 22, 2018:

I was talking to [the Liberal MP 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 compared to when you work in oil and gas and you're used to that kind of living. Our people are used to that. We [don't want to be just] selling trinkets and T-shirts.

To go to the actual bill, what we can see is that in spite of the lofty words by the parliamentary secretary, there has been a real lack of consultation on issues that are very important to northerners.

Part A would amend the Mackenzie Valley Resource Management Act to reverse provisions that would have consolidated the Mackenzie Valley land and water boards into one. These provisions, of course, were introduced by the former Conservative government with Bill C-15, the Northwest Territories devolution act. Part B, of course, would amend the the Canada Petroleum Resources Act.

As I have already noted, this is another anti-energy policy from the Liberal government that is driving investment out of Canada, costing Canadian workers their jobs and increasing poverty rates in the north. Like Bill C-69 before it, Bill C-88 would politicize oil and gas extraction by expanding the powers of cabinet to block economic development, and would add to increasing red tape that proponents must face before even getting shovels in the ground. Further, Bill C-88 reveals a full rejection of the calls by elected territorial leaders for much of the self-autonomy they desire.

We used to look at the north as being an opportunity to be a key economic driver for decades to come. Other Arctic nations, including China and Russia, are exploring possibilities. This could be something that is very important for our sovereignty.

Meanwhile, the Liberals are creating great swaths of protected land. I want to know why that change was originally made to the water and land boards.

In 2007, Neil McCrank was commissioned to write a report on improving the regulatory and environmental assessment regimes in Canada's north. As outlined in the McCrank report, entitled, “The Road to Improvement”, the current regulatory process in the Northwest Territories is complex, costly, unpredictable and time-consuming. The merging of the three boards into one was a key recommendation. Part of the report stated:

This approach would address the complexity and the capacity issues inherent to the current model by making more efficient use of expenditures and administrative resources. It would also allow for administrative practices to be understandable and consistent.

If these recommendations on restructuring and improvements are implemented, the regulatory systems in the North will be able to ensure orderly and responsible development of its resources.

Regarding the move to consolidate the boards, the report went on to state:

...is not meant to diminish or reduce the influence that Aboriginal people have on resource management in the North. Rather, it is meant as an attempt to allow for this influence in a practical way, while at the same time enabling responsible resource development...

I want to note that it was Bill C-15, which the Liberals and NDP voted for, that included that component. It was supported on all sides of the House. It was also included as an available option in the three modern land claim agreements. Bill C-15 looked to streamline the regulatory process and to place time limits on reviews and provide consistency. It was never meant to impact impact indigenous communities and their ability to make decisions. It was to streamline the regulatory process, place time limits on reviews and consolidate federal decision-making.

Certainly, I see this component of the bill as a move backward rather than forward. At this point, it would appear that all of the communities involved want to move in this direction. I believe that is unfortunate. The model I wish they would have worked toward would have been a much more positive one in doing the work they needed to do.

The final part is the drilling moratorium, which is perhaps the most troublesome. It would allow the federal cabinet to prohibit oil and gas activity in the Northwest Territories or offshore of Nunavut if it were in the national interest. This is a much broader power than currently exists in the act, which only allows Canada to prohibit that activity for safety or environmental reasons, or social problems of a serious nature.

I note that the licences set to expire during the five-year moratorium would not be affected, which is seen as somewhat positive by the people holding those licences. However, I suppose if we have a moratorium forever, it really does not matter if one's licence is on hold forever, because it would not be helpful in the long run.

In conclusion, what we have here is perhaps not on the scale of Bill C-69 or some of the other things the government has done, but it just adds to the government's habit, whenever it deals with the natural resource industry, of tending to make it more complicated and of driving businesses away rather than doing what Canada needs, especially right now, which is bringing business to us.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / noon
See context

Yvonne Jones Parliamentary Secretary to the Minister of Intergovernmental and Northern Affairs and Internal Trade, Lib.

Mr. Speaker, I rise today mindful that we are on the traditional unceded territory of the Algonquin people.

I am honoured to begin the debate at second 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. This bill clarifies the legislative and regulatory framework for the development of key regions of Canada's north, the Mackenzie Valley and the offshore areas of the Arctic Ocean and the Beaufort Sea. These regions have vast economic potential but they are also environmentally sensitive. Moreover, these regions have sustained indigenous people and communities who have lived in the north since time immemorial. Those communities, their organizations and governments have a right to a say in how the region is developed.

The bill before us addresses two different acts of Parliament that affect resource development in the north: the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act.

Let me begin with the amendments to the Mackenzie Valley Resource Management Act. I remind the House that in March 2014, the Northwest Territories Devolution Act transferred control of public lands and waters in the Northwest Territories to the territorial government. It is that government that now makes decisions on resource development. It receives 50% of resource revenue within the specific annual limit.

We know the abysmal track record of the Conservatives when it came to respecting and honouring indigenous rights and supporting the people of the north. That act was the perfect example. In 2014, through Bill C-15, the Northwest Territories Devolution Act, the Harper government completely changed the land and water board structure without adequate consultation and in complete ignorance of indigenous rights. Those changes became very controversial within the region as the current member for Northwest Territories knows well. Through many conversations, consultations and meetings, there were many good points brought forward by people in that area.

The Harper government removed three regulatory authorities: the Gwich’in Land and Water Board, the Sahtu Land and Water Board and the Wek'èezhìi Land and Water Board. The Mackenzie Valley Land and Water Board was to remain as a single consolidated land and water board for the Mackenzie Valley. That was what the Conservative government wanted but it is not what the indigenous governments wanted. The indigenous governments and organizations correctly argued that their authorities in land and water management are guaranteed by their land claims and by their self-government agreements and they should be honoured. The Conservative government could not unilaterally abolish their land and water boards. This was just another sad example of the Harper government's tendency to trample on the rights of indigenous people.

In February 2015, the Northwest Territories Supreme Court issued an injunction that halted the provisions that included the restructuring of the land and water boards. The injunction preserved the existing regulatory processes until the court could provide further instruction. At the same time, other measures included in section 253(2) were affected, including a regulation-making authority for cost recovery and consultation, administrative monetary penalties, development certificates, regional studies and the terms of board members. The Conservatives appealed the injunction in March 2015. We heard from stakeholders that that situation not only created mistrust on the part of indigenous governments and organizations toward the Canadian government, but it also created uncertainty that discouraged the responsible development of the region's resources.

In the fall of 2015, in order to better put us on a path to reconciliation and economic development, the then minister of indigenous and northern affairs met with indigenous governments and organizations in the Northwest Territories to find a way forward. The minister announced that she had directed the department to pause its appeal and start the exploratory discussions.

Rather than taking this fight and continuing it in the courts, our goal has been to work with indigenous governments and organizations to identify potential solutions. In the summer of 2016, the minister met with indigenous governments and organizations, and in September 2016, she wrote to the relevant parties to officially begin a formal consultation process. The consultations have been thorough and effective. They have included indigenous governments, organizations, the Government of the Northwest Territories and industry. This is the way to move forward on matters affecting resource development in Canada's north.

The Conservatives' attempt to unilaterally change the regulatory regime set the relationship with the Northwest Territories and indigenous people back by many years. However, with this bill, we are getting back on track and we are working with them to move forward.

The bill removes the board amalgamation provisions and confirms the continuation of the Sahtu, Gwich'in and Wek'èezhìi land and water boards with the jurisdiction to regulate land and water use in their management regions. These regional boards will also continue to be panels of the Mackenzie Valley Land and Water Board. The Mackenzie Valley Land and Water Board will continue to have jurisdiction for the regulation of land and water, including the insurance of land use permits and water licences in the area of the Mackenzie Valley where land claims have not been settled and for transboundary projects.

In effect, this bill repeals the provisions of the Conservatives that challenged the rights of indigenous governing bodies under their comprehensive land claim agreements. Other provisions of the Mackenzie Valley Resource Management Act that were included in the Northwest Territories Devolution Act but were halted by the court injunction will also be reintroduced in this bill.

Specifically, the bill provides for the Governor in Council to make regulations pertaining to cost recovery to indigenous consultation. Development certificates will set out the conditions under which a project can proceed. Administrative monetary penalties can now be established through regulations for violations relating to these certificates. Provisions will allow the establishment of committees for the conduct of regional studies. The bill also provides for the extension of the terms of board members to allow them to complete a proceeding that is under way. This will ensure there is continuity in the process and in the decision-making.

We are setting out a positive way forward for the development of the Mackenzie Valley. It is a way forward that acknowledges the rights of indigenous governments and organizations and will provide certainty to industry. When we listen to northerners when developing policies that affect them, great things are possible and it leads the way to better prosperity for all people in the north.

The second part of this bill involves the Canada Petroleum Resources Act which governs the drilling of oil and gas that takes place offshore in the Arctic. Those offshore drilling operations face a number of technical and logical challenges, including a short operating season and sea ice. We do not yet have the technology to resolve these challenges, but I have confidence that there will be technological solutions that will enable offshore drilling to be undertaken safely in the future.

To get to these solutions, we must be guided by the knowledge of the nature of the challenges. That knowledge will be shaped by science, including both marine science and climate science. We need evidence for effective decision-making that will help us reach the goal of responsible resource development. This science is still in its early stages. The technology will eventually follow. In the meantime, we must take steps to protect a sensitive and vulnerable environment in the Beaufort Sea and the Arctic Ocean.

In December 2016, the Prime Minister announced a moratorium on new offshore drilling in our Arctic waters. The moratorium will be tested every five years through a science-based review. This review, undertaken in collaboration with our northern partners, will provide evidence that will guide future oil and gas activity.

The bill before us would complement the 2016 moratorium and protect the interests of licence holders by freezing the terms of their licences for the duration of the prohibition on oil and gas activity. The licences will not expire during the moratorium. This will allow us to preserve the existing rights until the five-year science-based review is completed. At that point, we will have a better understanding of strategic plans and potential decisions in collaboration with our northern partners, indigenous governments and the governments of the north.

I am pleased to inform the House that the companies that currently hold the existing oil and gas rights and our northern partners have been supportive of responsible development of the Arctic offshore and the strategic path forward. They understand the importance of protecting the unique Arctic environment while pursuing safe, responsible oil and gas activities, activities that create jobs and economic growth in northern indigenous communities. They appreciate the importance of the science-based review in establishing future decisions on Arctic offshore development.

These amendments are fair to existing rights holders and allow us to go forward with a serious review of the science in order to better understand the potential impacts and benefits of oil and gas extraction in the Beaufort Sea. This is sound, sustainable management and is consistent with what our government is already doing regarding science in the north.

The bill before us ensures that indigenous governments and organizations will have a strong voice in the development of resources in their territories. Our goal is to put in place a robust regime that will protect Canada's rich natural environment. It will support a resilient resource sector and at the same time respect the rights and interests of indigenous people.

This bill is part of an ongoing journey toward meaningful reconciliation with indigenous peoples and the protection of our lands and waters. In this way, we are able to foster economic opportunities and growth and protect the environment for future generations.

I urge all hon. members to join me in supporting this bill and supporting the wishes, hopes and aspirations of those who live in Canada's north.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / noon
See context

Liberal

Business of the HouseOral Questions

November 29th, 2018 / 3:05 p.m.
See context

Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

Mr. Speaker, this afternoon, pursuant to the order made Tuesday, November 27, we will debate the 66th report of the Standing Committee on Procedure and House Affairs.

We will then finish the debate on Bill C-86, the second budget implementation bill, at third reading.

Tomorrow morning, we will start the second reading debate of Bill C-87, an act respecting the reduction of poverty.

On Monday, we will commence debate at second reading stage of Bill C-88, concerning the Mackenzie Valley.

Last, next Tuesday shall be the final allotted day in the supply cycle.

Canada's Oil and Gas SectorEmergency Debate

November 28th, 2018 / 11:35 p.m.
See context

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Mr. Speaker, the challenge that we face today in the energy sector is very simple. It is a question of stability and a question of certainty, both for the people who are making the investment decisions to invest in production in Canada's energy sector, and the people whom I talk to every day, who have selected me to be their voice in Ottawa. It is a question of certainty, and it is a question of stability.

The colleagues opposite who are laughing at this tonight should give their heads a shake. When people are sitting around a corporate board table and trying to determine whether or not they should spend several billion dollars on a major capital investment, they look at several determinants. They look at labour availability, political stability, market conditions, and all sorts of things. They make a determination based on a set of information available at the time, but they have to be certain that the information is right and that it is going to stay stable.

If there is no certainty in an area, workers who are trying to decide whether or not to stay in a region, or whether or not to sell their house, or what sort of purchases to make, or how to make ends meet, are going to make a decision one way or another.

The problem we have seen with the government over the last three years is the question of instability. When we started to see a shift in the supply side model of energy products in North America, as the Americans started to come on stream with more energy supply—and of course we should spend a bunch of time talking about the demand side model internationally as well—what the government should have done at that point in time, when they the Liberals came into government in 2015, was to do everything in its power to make the situation more certain and stable for the workers in Canada's energy sector so that companies could stay and prosper in Canada, and for those who seek to invest in Canada's energy sector, to do the same.

What does the government need to do to rectify the decisions it has made that have led to instability, so that we can see projects built from here on in?

First of all, the government has to scrap its carbon tax. It creates investment instability in the energy sector and is a burden on energy sector workers. There is no economic modelling to show that it will actually reduce greenhouse gas emissions, because for the most part carbon in Canada is price inelastic.

The second thing that it needs to do is to repeal its cancellation, during a major downturn in the Canadian economy, of the oil and gas exploration drilling tax credit. It needs to reverse that decision that it made.

The government needs to reverse the tanker ban that it put in place.

The government also put in place a five-year moratorium on northern oil and gas exploration, giving the territorial governments less than two hours' notice. That caused instability. It needs to reverse that decision it made.

The government also need to reverse the decisions it made around the methane regulation framework that it put in place. That is an example of the instability the government caused when it knew that the energy sector was going through a downturn.

The government needs to scrap and do everything possible to stop the passage of Bill C-69, which it has tabled. That bill creates instability. It creates a new regulator and an environmental assessment process with indeterminate timelines. If people are sitting at a corporate board table and trying to make a decision whether or not to invest, it is not about just getting to a yes, but about getting to a yes or no within a defined, clear set of timeframes. Bill C-69 completely undermines that.

Any investor who is looking at investing in Canada's energy sector looks at Bill C-69 and says, “No way.” The government put that in place in a time of economic downturn, and it needs to scrap that.

The Liberals need to scrap Bill C-48, which put in place the unilateral imposition of a ban on using B.C.'s north coast for oil and gas exports. They put that in place. They need to reverse that.

Bill C-86 gives cabinet the authority to unilaterally shut down the shipping of natural resources by water anywhere in Canada, including offshore oil and gas. That is instability that the sector looks at. They need to repeal that bill that they put in place during a major downturn in Canada's energy sector.

They need to repeal Bill C-68, because it dramatically increases the red tape on project development by adding a multi-month review under the navigable waters act for any water on a project site that is large enough to float a kayak. It adds instability. It is unnecessary red tape. They need to repeal this bill that they put in place during a major energy sector downturn.

They need to repeal Bill C-88, which politicizes oil and gas development in the Far North, by providing cabinet in Ottawa the unilateral power to shut down oil and gas development in the Far North.

As well, they need to stop the proposed fuel standards that they are proposing to unveil before Christmas that will equate to a carbon tax of $228 per tonne of fuel, which would almost certainly mean the end of the oil and gas sector.

They also need to apologize for standing here and applauding Barack Obama after doing nothing to prevent the veto or speak against the veto of the Keystone XL pipeline.

They need to apologize for the fact that they did nothing when they allowed Denis Coderre to dump millions of litres of raw sewage in Quebec and say that energy east was not in the best interest of Canada. Instead they stood up here and agreed with him. The speech by the member for Calgary Centre was such a disgrace. He said he was going to pound on the table for a pipeline. Where was he when Dennis Coderre was doing that? He got kicked out of cabinet. He was our supposed voice in cabinet for Calgary who did nothing to stop any of these bills.

They politically vetoed the northern gateway pipeline. In a political process, the government overturned a years-long regulatory review of the northern gateway pipeline that had over 200 conditions on it that was set and ready to go. That created uncertainty and instability, and politicized a system during a downturn in the energy sector.

They need to invoke section 92.10(c) of the Constitution Act to bring the Trans Mountain pipeline completely into federal jurisdiction so that B.C. cannot obstruct its building out through permitting or other mechanisms in their jurisdiction right now.

Mr. Speaker, I am sharing my time with the member for Peace River—Westlock.

They need to start building the Trans Mountain pipeline. If what the Prime Minister said is true, and it is in the best interest of this country, why are the Liberals kicking the can down through a potential spring election window? If they are serious about it they should be building it out today. There should be shovels in the ground tonight.

The last thing they need to stop doing, for the love of all that is holy, is stop abdicating the responsibility for getting these policies right. Every time, they stand up here and say that it is Stephen Harper's fault. They had three years to get these projects done. With that litany of lists that are nowhere near complete, all they have done every step of the way is add uncertainty and instability for the investors in Canada's energy sector and for the workers in my community. All the people in my riding want to do is get back to work. Everything the government has done has been to abdicate responsibility and create instability.

The last thing they need to do is the Prime Minister needs to stop going overseas and telling his true agenda to the world, which is that he wants to phase out Canada's energy sector. If I was a worker in Canada's energy sector or if I was looking to invest in this, I would be saying that is a pretty clear policy. He has backed it up with action. Every single one of these bills and actions has been anti-energy sector.

None of the Liberals can stand up in this place and say they have done anything for Canada's energy sector. However, they can tonight by undertaking to repeal all of these bills and standing up and saying that they were wrong, that this stuff was wrong, that it created instability and the death of Canada's energy sector.

We are out of time. The Liberals need to build Trans Mountain. They need to get the shovels in the ground tonight, repeal these bills, and start being serious about one of Canada's most prosperous and stable industries in this country.

Canada's Oil and Gas SectorEmergency Debate

November 28th, 2018 / 8:40 p.m.
See context

Conservative

Shannon Stubbs Conservative Lakeland, AB

Mr. Speaker, I will be splitting my time with the member for St. Albert—Edmonton.

Canada's energy sector is in crisis. It is a national emergency that impacts all of Canada and disproportionately hurts Alberta and Albertans. The oil and gas sector has already lost more than 100,000 jobs and over $100 billion since 2015 under the Liberals. That is eight times the GDP of, and more jobs than, the entire aerospace sector and five times the GDP of, and almost as many jobs as, the entire auto sector. That would rightfully be an emergency with full attention and action from any other federal government, but the response to the devastation in Alberta, in oil and gas, and on oil and gas workers and families has been a combination of empty platitudes with hostile attacks and legislation and policy that have only made things so much worse.

The ongoing and widening price differential for Canadian oil threatens to add tens of thousands more new job losses throughout 2019. Major producers with decades of history in Alberta are cancelling expansions and curtailing production, and are at risk of going bankrupt.

As recently as 2014, nine out of 10 new full-time jobs created in Canada were created in Alberta and more than 120,000 Albertans alone are out of work today. The most that the Prime Minister and the Liberals have offered is a five-and-a-half-week extension of EI benefits two years ago, which did not initially include Edmonton Bruderheim and the industrial heartland, and a “hang in there” ever since.

However, Albertans do not want EI. They just want to work and continue to be able to make their outsized contributions in the best interests of all of Canada. ATB Financial predicts that this crisis could cause a recession in Canada. The Bank of Canada already predicts no new energy investment in Canada after 2019, which will mean less money for pensions, health care, schools, social services and all governments across the country.

Over the past decade, Western Canadian Select has sold for an average of $17 U.S. less per barrel than West Texas Intermediate. This month, the differential hit a record of around $50 U.S., close to where it remains today. That is wreaking havoc on the industry and, by extension, on the entire Canadian economy. Every day, $50 million to $100 million is lost in Canada because of this differential.

Under the Liberals, more energy investment in Canada has declined than at any other time period in more than 70 years. Capital investment in Canada is collapsing while it soars in the U.S. Energy demand and development is increasing all around the world.

At least eight major companies have sold most of their Canadian business to invest in the United States. Canadian homegrown service, supply, technology and drilling companies are going with them. Business bankruptcies in Alberta are up 27.8% between August 2017 and August 2018. Real estate vacancies and property values are dropping. It is damaging all sectors.

Even the Prime Minister in Calgary last Thursday had the gall to say, “This is very much a crisis”. However, it has been three years of a crisis for Alberta. The Prime Minister's messages to Canadians and the world and policies caused it and only make it worse. What is unconscionable is it is a direct result of federal government policies and it is within the Prime Minister and the federal government's power to fix.

The Liberals cancelled the northern gateway pipeline, which would have exported Canadian oil to Asia-Pacific. The Liberal intervention, delays and double standards imposed on the energy east pipeline proposal were designed to make its proponent abandon it, which they warned a month before that they did; yet it would have secured Canadian energy independence and exports to Europe. They have disadvantaged Canada precisely because of the decision-making of the Prime Minister, especially with regard to the U.S., which continues to not only be Canada's number one energy customer, but also Canada's number one energy competitor right now, poised to supply 80% of the world's growing oil demand in the next three years.

The Trans Mountain expansion remains stalled indefinitely because of the Liberals' failure, with no start date yet in sight for construction. The Liberals chose the longest and most complicated option, delaying it still indefinitely, even while they gave Canadian tax dollars to Kinder Morgan, which is selling out of Canada and building pipelines in the U.S., even while they give Canadian tax dollars to the Asian infrastructure bank to build pipelines in China, and even while they fund anti-energy activists and Canadian pipeline protestors with Canadian tax dollars.

That lack of pipeline capacity and the landlocking of Canadian oil is a direct result of federal government policies that have stopped those new export oil pipelines and have directly caused the price discount.

The Liberals are layering on red tape and added costs at the very worst time, destroying confidence in Canada for investment. The Liberals' job-killing carbon tax is already costing Canadian jobs and driving Canadian companies into the United States. Imagine this. Canada is the only one of the world's top 10 oil-producing countries to impose a carbon tax on itself, but Canada is the most responsible energy producer in the world, and has been for decades. It makes no sense for the Prime Minister to make it even more difficult for Canadian oil and gas workers to do their work, which they do better than any other energy industry on the planet.

The Liberals cancelled the oil and gas exploration drilling tax credit during a historic collapse in Canadian drilling and energy job losses. The PM directed a B.C. north coast crude oil tanker ban, which is actually a ban on pipelines and on the oil sands, within 27 days of forming government, with no consultation or science or evidence to support it. The Liberals imposed a moratorium on northern oil and gas exploration, giving the territories less than two hours' notice before the announcement.

Their new methane regulations could destroy heavy oil development and end refining in Canada by adding tens of billions of dollars to an industry already in crisis, not because industry does not want to meet the standards but because of technology and timeline challenges to do it within the framework the Liberals are demanding.

The Liberals' “no more pipelines” Bill C-69 would create a new regulatory and assessment process with actually no concrete timelines and with vague conditions for review. It would open more foreign intervention in Canadian resource reviews and give new powers to federal cabinet ministers to politically interfere in the project development process. Certainty for proponents under their new legislation will only be determined through regulations out until 2021, continuing the uncertainty they created at the start of 2016.

Bill C-86 would provide cabinet with the authority to unilaterally shut down the shipping of natural resources by water anywhere in Canada, including offshore oil and gas in Atlantic Canada and the north.

Bill C-69 would dramatically increase red tap on project development by adding a multi-month review under the Navigation Protection Act for any water on a project site that could float any kind of watercraft, including a ditch. That would hinder mining, oil and gas and agriculture.

Bill C-88 would provide cabinet with the unilateral power to shut down oil and gas development in the far north. It would take back delegated authority powers from the Northwest Territories.

The Liberals proposed fuel standards will be the first of their kind in the world, equating to a carbon tax of $228 per tonne of fuel, to apply to industrial facilities.

This should be a concern for every Canadian, because energy is the number one private sector investor in Canada, and it is Canada's second biggest export. Canada is home to the third-largest reserves in the world, and it is the fourth-biggest exporter of energy on the planet, with a track record of responsible energy development literally second to none.

This emergency in the Canadian energy sector and the catastrophic job losses in Alberta are rippling through all sectors across all provinces. It is a national emergency.

Let me tell the House what Nancy Southern, the CEO of ATCO, says as she considers moving assets from ATCO, one of the oldest and largest privately started businesses in Alberta. She says, “How heartbreaking it is to see our wonderful resource-laden province so constrained by regulatory policy and politics of various dispositions.”

Gwyn Morgan, the founder of Encana, the largest Canadian-based energy company, which started in Alberta, said it plainly. He said what the more than 2,000 Albertans in Calgary said to the Prime Minister when he was there last week:

The past few years have been a nightmare for the Canadian industry, where every light at the end of the tunnel has turned out to be a train driven by the Prime Minister barrelling at us from the opposite direction.

No wonder Albertans do not believe a single word the Prime Minister or the Liberals say. This is a national emergency, and the Liberals should be absolutely ashamed of themselves for putting our country in this position. I probably share this view with my colleagues.

I look forward to Albertans delivering their verdict in 2019 on exactly what they think of the Liberals' record.

Mackenzie Valley Resource Management ActRoutine Proceedings

November 8th, 2018 / 10:05 a.m.
See context

Dominic LeBlanc Minister of Intergovernmental and Northern Affairs and Internal Trade, Lib.