Indigenous and Northern Affairs Committee on Nov. 6th, 2024

[Martin Shields, Conservative, Bow River, AB]

I understand what you're saying, but I think we understand what adjacent means. When you say that's not clear, I think it's really clear. He's adjacent to me, and you're not. However, what you're saying is that there's something else that you would say overrides this through the discussion, so that this doesn't become as relevant; it becomes secondary. I think that's a risk.

To say if we take “adjacent” out, then the other part is not as important because you will have done something else more important because of what the clause says, that's a concern for me, because I understand what adjacent means and you just said something else is going to override the concern on that. That's a real concern for me.

[The Chair, Liberal, Patrick Weiler]

Thank you very much, Mr. Shields.

I'm not seeing any other hands up, so let's move....

Mr. Zimmer.

[Bob Zimmer, Conservative, Prince George—Peace River—Northern Rockies, BC]

We've had a member from Alberta. I'll speak from a British Columbian's perspective.

I spoke about the Columbia River system before, and I spoke about the Peace River system and its connection to the Northwest Territories and the Arctic. By removing that adjacency, for one particular project, you could say that protecting source water could affect almost an entire province, potentially, in the so-called protection zone.

I'd be concerned that its implications could be vast. You said the definition is loose, but its effects could be very impactful to the province, so I would be very concerned about this provision as well.

[The Chair, Liberal, Patrick Weiler]

Thank you, Mr. Zimmer.

With that, we'll go to a vote. Shall G-3 carry?

(Amendment agreed to on division)

That brings us to NDP-16. I'll open up the floor to Ms. Idlout.

[Lori Idlout, NDP, Nunavut, NU]

[Member spoke in Inuktitut, interpreted as follows:]

Thank you, Mr. Chair.

NDP-16 was given to me by the B.C. Assembly of First Nations. It's trying to strengthen clause 6 and make the details clearer about when there's collaboration. It's trying to make it more understandable and clearer. For example, if there were a disagreement, they would refer to first nations laws.

Does that make sense?

[The Chair, Liberal, Patrick Weiler]

Thank you, Ms. Idlout.

NDP-16 has been moved. Is there any debate?

I see Mr. Melillo and then Mr. Lemire.

[Eric Melillo, Conservative, Kenora, ON]

Thank you, Mr. Chair.

I'm just curious about the scope of this. It seems to me like it is putting a lot of onus on the provinces that we, as a federal government, don't necessarily have the authority to do, unless I'm misreading it.

[Nelson Barbosa]

I don't know about an onus, but it certainly puts on an obligation. That's a much better word.

[Eric Melillo, Conservative, Kenora, ON]

You would agree that this is placing an obligation.

[Nelson Barbosa]

It's similar to the previous one we talked about regarding provincial obligations. I forget the provision.

[Eric Melillo, Conservative, Kenora, ON]

I appreciate that. Thank you.

That's all.

[The Chair, Liberal, Patrick Weiler]

Thank you, Mr. Melillo.

Mr. Lemire, you have the floor.

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Thank you, Mr. Chair.

At first glance, we will be voting against amendment NDP‑16, but I would still like to ask a question.

Does Bill C‑61 mean that first nations can only legislate on their lands?

[Nelson Barbosa]

The defining characteristics of the legislation are about the law-making ability for first nations on first nations lands. Protection zones are about collaboration, but the overarching intent is laws on first nations lands.

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

What would be the impact of the proposed amendment? What would this amendment do?

[Nelson Barbosa]

Thank you for the question.

Subclause 6(3) reads, “must enter into a coordination agreement”. That creates an obligation off first nations lands, which isn't currently considered in the draft bill.

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Okay. Thank you.

[The Chair, Liberal, Patrick Weiler]

Thank you, Mr. Lemire.

Next, I have Mr. Zimmer on the list.

[Bob Zimmer, Conservative, Prince George—Peace River—Northern Rockies, BC]

Subclause 6(3) reads, “At the request of a First Nation governing body, the Minister and the government of the province or territory in which the protection zone is located must enter”. I'm curious about jurisdiction. Is the federal government in a position to tell a province, especially about a resource, that it must enter into this particular coordination agreement?

That's a question I'll ask of you.

[Nelson Barbosa]

The answer in relation to this legislation is no.

[Bob Zimmer, Conservative, Prince George—Peace River—Northern Rockies, BC]

Thank you.

[The Chair, Liberal, Patrick Weiler]

Thank you, Mr. Zimmer.

I'm not seeing any other hands up. Let's move to a vote.

Shall NDP-16 carry? It looks like NDP-16 is defeated.

[Lori Idlout, NDP, Nunavut, NU]

I have a point of order.

[The Chair, Liberal, Patrick Weiler]

Go ahead, Ms. Idlout.

[Lori Idlout, NDP, Nunavut, NU]

I want to make sure that my vote is recorded.