Evidence of meeting #114 for Environment and Sustainable Development in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was see.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Olivier Champagne  Legislative Clerk, House of Commons
Jean-Sébastien Rochon  Counsel, Department of Justice
Christine Loth-Bown  Vice-President, Policy Development Sector, Canadian Environmental Assessment Agency
Brent Parker  Director, Legislative and Regulatory Affairs Division, Canadian Environmental Assessment Agency
Jeff Labonté  Assistant Deputy Minister, Major Projects Management Office, Department of Natural Resources
Terence Hubbard  Director General, Petroleum Resources Branch, Department of Natural Resources

6:25 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

I'd like a recorded vote.

(Clause 8 agreed to: yeas 8; nays 1 [See Minutes of Proceedings])

6:25 p.m.

Liberal

The Chair Liberal Deb Schulte

Shall clause 9 carry?

6:25 p.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

I would like a recorded vote.

(Clause 9 agreed to: yeas 6; nays 3 [See Minutes of Proceedings])

(On clause 10)

6:25 p.m.

Liberal

The Chair Liberal Deb Schulte

We're on page 90, at line 17.

We have LIB-79, from Mr. Amos.

6:25 p.m.

Liberal

William Amos Liberal Pontiac, QC

Madam Chair, this amendment has been discussed in an earlier context around the impact assessment act. It would simply seek to incorporate the United Nations Declaration on the Rights of Indigenous Peoples into the preamble of the Canadian energy regulator act. I think we've heard our honourable colleagues on the Conservative side indicate their disagreement with it, and the others with their agreement, and I would hope we could move swiftly to a vote on this.

6:25 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

I have a question on this.

6:25 p.m.

Liberal

The Chair Liberal Deb Schulte

Mr. Fast is first and then you.

6:25 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Just to clarify, Madam Chair, Mr. Amos had suggested that perhaps we're not supportive. What we are is realistic in understanding that the United Nations Declaration on the Rights of Indigenous Peoples has not been interpreted in the light of our Constitution. We are supportive of applying UNDRIP in a manner that is consistent with Canada's Constitution as well as with current case law that addresses the issue of duty to consult. I want to be very clear on the record on that.

6:25 p.m.

Liberal

The Chair Liberal Deb Schulte

Thank you very much. Just to be clear, I am keeping a clock on everybody.

Go ahead.

6:25 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

This is a question for Mr. Amos. Mr. Amos has a background in environmental law—he's a lawyer, the same as me—and would he not agree with me that it's nice to put it in the preamble, but it means it's not binding? Does he intend to be bringing this forward to also make it as a binding provision in the substance of the bill?

6:30 p.m.

Liberal

William Amos Liberal Pontiac, QC

Thanks for the question. The aspects of this bill that speak to binding requirements as regards indigenous peoples and any other aspect of the law are in the body of the law. The preambular integration, I think, is appropriate under the circumstances. One need not incorporate the declaration piece by piece by piece, provision by provision by provision. I think that would in any event render things more complex than it would enable, because at the end of the day, this bill has to be interpreted, and the full scope of the application of UNDRIP in Canadian law is not clear yet. We still haven't even passed it under Bill C-262. I think the most appropriate approach would be to deal with this in a preambular fashion.

6:30 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

So in sum, you do not intend to make it binding in part 2.

6:30 p.m.

Liberal

William Amos Liberal Pontiac, QC

As I said, there are many references—

6:30 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

It's okay.

6:30 p.m.

Liberal

The Chair Liberal Deb Schulte

She doesn't want to use up her time or your time.

6:30 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Through all of that, I got that the answer is no.

6:30 p.m.

Liberal

The Chair Liberal Deb Schulte

Go ahead.

6:30 p.m.

Liberal

William Amos Liberal Pontiac, QC

As I said before, the integration of a variety of aspects and protections for indigenous peoples is coming across in any number of amendments that are being brought by our members. I believe there's been at least one brought by members of the opposition that we have also agreed to.

6:30 p.m.

Liberal

The Chair Liberal Deb Schulte

Mr. Fast.

6:30 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Madam Chair, it's pretty rich for Mr. Amos to talk about UNDRIP when, in fact, he's had 15 occasions here at this table to incorporate UNDRIP into the body of this legislation, and each time he's voted against it.

6:30 p.m.

Liberal

The Chair Liberal Deb Schulte

Okay, fair enough. I think we've had enough discussion.

Shall the amendment carry?

6:30 p.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

I would like a recorded vote.

(Amendment agreed to: yeas 9 ; nays 0)

6:30 p.m.

Liberal

The Chair Liberal Deb Schulte

That's unanimous.

Who is going to do LIB-80?

Mr. Aldag.

6:30 p.m.

Liberal

John Aldag Liberal Cloverdale—Langley City, BC

This is along the same line that we talked about with terminology being more inclusive, changing traditional knowledge to indigenous knowledge. That's where we are.

6:30 p.m.

Liberal

The Chair Liberal Deb Schulte

We've been around this discussion for a bit.