Indigenous and Northern Affairs Committee on March 1st, 2018

[Mike Bossio, Liberal, Hastings—Lennox and Addington, ON]

Bill C-262 has a focus on ensuring that there's an alignment between UNDRIP and Canadian laws, but comments had been made that we should also be looking at policies and operational practices being a part of that.

The previous panel had said that they already do embed that into their forward-looking policies and operational practices. It sounds like in your presentation you had emphasized that specifically.

Is that really now the basis of everything that you do, that that's how we ensure that a whole-of-government approach is actually taken to ensuring that we're aligning with UNDRIP?

[Dominique Blanchard]

I guess, in short, I would say that we are moving in that direction. As was noted, it extends to the way we operate as a department, in our forward planning, as we look at the regulations that we would like to implement.

This is going to be a process that is going to evolve over time. That, as I said, is the direction that we're moving towards.

[Mike Bossio, Liberal, Hastings—Lennox and Addington, ON]

—I know you had made comments on that. Would you like to comment on that previous...

[Robert Lamirande]

Policies and operational practices give effect to the relationship, and the roles and responsibilities around fisheries and oceans management decision-making processes.

We are conducting an analysis within all sectors of the department in existing relationships and how they can be strengthened within each of those areas, including small craft harbours and science enforcement.

We're looking at it from the top down, guided by proposed changes to the legislation, but also from the bottom up. We have a number of established relationships, where we support indigenous involvement in fisheries and oceans management activities. There's always more to do, and there are always opportunities to strengthen what we do.

[Mike Bossio, Liberal, Hastings—Lennox and Addington, ON]

A quick yes, no question from Will. Please go ahead, Will.

[William Amos, Liberal, Pontiac, QC]

Has NRCan's arctic offshore licensing process changed, or will it be changing as a result of the new direction the government is taking?

[Genevieve Carr]

I'll defer to my colleague on that one.

[The Chair, Liberal, MaryAnn Mihychuk]

Yes or no, please.

[Terence Hubbard, Director General, Petroleum Resources Branch, Energy Sector, Department of Natural Resources]

Yes, changes are being contemplated to the—

[The Chair, Liberal, MaryAnn Mihychuk]

Questioning is moving on to a question shared between Kevin Waugh and Arnold Viersen, starting with Arnold.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Thank you, Madam Chair.

Before I ask any questions, I want to note for my honourable colleague Mr. Bossio that in my world, consent, no means no. That's what we're trying to get at today.

I have a question for the natural resources witnesses we have here today. The minister has said that attaining free, prior, and informed consent before adopting and implementing legislative or administrative measures that may affect them....

How does your department define “may affect them”?

[Terence Hubbard]

It's embedded in the framework that we're proposing through Bill C-69 to ensure that impacts on aboriginal rights are considered part of the review process and part of any decisions taken by the government.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

You'd say that general application changes to the law have to go through free, prior and informed consent. Bill C-69 has passed those hurdles? Would you say that there's free, prior and informed consent on Bill C-69?

[Terence Hubbard]

I would say that throughout the development of proposals included in Bill C-69, we have been striving towards implementing all of the principles of UNDRIP and it reflected in some of the engagement and consultation processes that we embarked on as part of that process.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Bill C-262 has not passed into law yet. We are on that way. It looks like the government's going to support it, I assume without amendment.

When it does pass, say a year from now, what changes for your department? Are you planning that difference? How is your department going to function differently after this particular bill passes into law?

[Genevieve Carr]

The department is committed to implementing the principles of the UN declaration. We will continue to do that. As I noted in my remarks, we have work to do to continue to implement those principles and they will continue. We will do it through legislation such as Bill C-69, and we feel that we've advanced and started to implement some of the principles there. We will continue to do it through the development of our policies and programs as we go forward.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

One of the things that we've been dealing with in this country is to get our products to market, particularly Northern Gateway. I think there were 31 first nations that signed on to it and three that didn't.

How are we going to navigate those hurdles? Has your department done any work on that?

[Terence Hubbard]

Genevieve mentioned earlier in her remarks a number of different areas where we're moving in that regard. First off, in terms of the review of projects currently underway, the government in January 2016 announced its interim principles on how it would approach reviews and the decision-making processes, including enhanced engagements and consultations with indigenous communities as part of that process.

Through the proposed Bill C-69, there are a number of steps we are proposing to take to further implement these commitments, including incorporating indigenous participation right in the government's mechanisms of the new regulator, mini-oversight, strategic oversight board, as well as in the roster of commissioners who would hear projects.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Basically, no means no sometimes.

[Terence Hubbard]

It's part of the commitments. I think the government's been pretty clear in its desire and aim to seek consent as part of these decision-making processes.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Thank you.

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

I'm going to go over to Fisheries, Mr. Lamirande along with Mr. Sanderson.

Does the DFO negotiate mandates for fish?

[Robert Lamirande]

Pardon?

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

Have you negotiated mandates for fish under this?

[Robert Lamirande]

Yes. There are currently 25 treaty comprehensive claims agreements that have fisheries provisions in them, which provide for fisheries access, either subsistence, food, social, or ceremonial purposes, establish joint technical fisheries committees, and such.