House of Commons Hansard #401 of the 42nd Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was north.

Topics

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

12:10 p.m.

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

12:10 p.m.

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Mr. Speaker, Conservatives have been saying the whole time that we need to ensure that the bill lets people in the north decide their own future. We have been talking about this, and even my speech, which was 20 minutes long, talked about how giving more power to the territorial governments and letting them have control over their resource development are good things. These are things we should be championing here.

I do not think having Ottawa make decisions for the people in the north is a very smart path forward. Giving more power over their decisions to those who are there on the ground is the way to go.

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

12:15 p.m.

Liberal

William Amos Liberal Pontiac, QC

Mr. Speaker, I would like to point out the inconsistency in speech by the member opposite. On the one hand he is suggesting that the indigenous people of our northwest should be in control of their destiny. That absolutely should be the case. However, the legislation passed by the Harper administration ran absolutely roughshod over their constitutionally entrenched rights. Their land and water boards were amalgamated and were effectively dealt with so disrespectfully that the courts up north upheld an injunction.

How can the member possibly suggest that our government, in issuing a moratorium on Arctic offshore drilling in the northwest—which I happen to be very proud of—is somehow controlling the future of that resource, when the Conservatives, under the Harper administration, stripped the land and water boards of so much of their authority?

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

12:15 p.m.

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Mr. Speaker, I would point out that Bill C-15 under the previous Parliament received support from the Liberal Party, including from the current Prime Minister.

I will also point out that we had agreements with the 31 first nations communities along the northern gateway pipeline that was killed. They were directly impacted by the northern gateway pipeline. This was worth about $2 billion in economic activity for those first nations communities. They have spoken up loud and clear to say that there are decisions being made in Ottawa that are are impacting their economic future.

If we want to reduce poverty in some of these northern communities, responsible resource development is a path forward to create jobs, opportunity and wealth. This is what they are asking for, and I think it is something we should heed.

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

12:15 p.m.

Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, my colleague really articulated well that the Liberals like consultation by convenience. He gave a number of examples, such as the moratorium up north in the Beaufort Sea for which the leadership had half an hour of notice, or the tanker moratorium, or Bill C-69. Liberals talk a good talk about consultation, but in actual fact they have not done a very good job, including when, as we found out, they had not done a proper job with the Trans Mountain pipeline.

Does the member think this is part of the government's anti-development plan, in which it consults if people want to shut things down but its does not consult when people want to move forward with economic opportunities in their communities?

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

12:15 p.m.

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

12:15 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, what we have before us is very positive legislation that ultimately would have a positive impact in northern Canada. That includes being sensitive to the many different stakeholders as well as to the environment in the development of resources and so forth. I believe the Government of Canada has been called upon to do this. I do not share the same pessimism that comes from across the way.

This is a government that has been very good at developing our country as a whole, both from an economic and an environmental perspective. That is one of the reasons we created 900,000-plus jobs.

Does the member feel that there are amendments that the Conservatives will bring forward to try to improve upon the legislation, or is their intention just to vote against it as it is?

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

12:20 p.m.

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Mr. Speaker, as the member knows, the Liberals have the majority of seats in this Parliament, so they are going to vote for it and we will be voting against it. We will try within the committee structure to work with the Liberals. Whether not they will be receptive to anything proposed from this side of the House is yet to be seen.

The member opposite talked about the economy. Many economists would agree that it is going very well because of the U.S. economy, which is on fire right now, despite what the Liberals are trying to do in slowing down this economy with red tape, regulations and high taxes.

Jobs are created with low taxes and reasonable red tape and regulations—full stop. It is not because the government says that jobs are going to be created or the Liberals come up with a new next great government program. Jobs are created by low taxes and reasonable red tape and regulations, something they are not doing. That is why this economy is going forward. It is not what they are proposing.

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

12:20 p.m.

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

12:30 p.m.

Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, I want to speak to a broader issue. The government has consistently talked about what its priority bills are in terms of moving forward, but our time is getting very short.

The Liberals have accused the Conservatives of stalling on Bill C-91, the indigenous languages legislation, and on Bill C-92, the child welfare bill. They have said that it is absolutely critical that we move forward and get them done. They like to lay the blame for their lack of House management on the Conservatives.

We fully anticipated that we would be talking to the important child welfare legislation. I wonder if my colleague could comment on the fact that his government seems to have priority legislation but does not seem to be able to get things through the House in a timely way. The government ends up cutting off debate on every single piece of legislation that comes along due to its poor House management. This is just another example.

I thought we would be talking about Bill C-92, but we are talking about a bill the government introduced six months ago and that has been on the floor for only a short time, and suddenly we have time allocation.

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

12:30 p.m.

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

12:30 p.m.

NDP

Gord Johns NDP Courtenay—Alberni, BC

Mr. Speaker, I want to thank my friend and colleague for taking this important step to reverse some of the wounds the Harper government inflicted on indigenous people.

There are important issues that still have not been addressed and need to be addressed, including adequate drinking water for indigenous peoples, waste water infrastructure, education and the implementation of rights, including in my area, where indigenous people are still in court with the government in an effort to establish the right to catch and sell fish so they can implement rights that are protected under the Constitution. The government continues to fight them tooth and nail. The Liberals have spent over $19 million on lawyers to fight the first nations and indigenous people of my region.

Billions of dollars are needed for many things. I will speak to the housing issue, because the member cannot speak about a case that is in the courts right now.

We know how inadequate housing is. I have 10 first nations in my riding. Ahousaht is one of them. Sixteen people are living in one home in overcrowded, mouldy conditions. They are waiting for adequate housing. The Liberal government promised to build housing for indigenous people.

Could the member speak to why his government has not advanced this promise in the way it needs to so that everyone has healthy, safe and secure housing, as people should?

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

12:35 p.m.

Liberal

Matt DeCourcey Liberal Fredericton, NB

Mr. Speaker, my hon. friend raises the importance of advancing reconciliation and quality of life for indigenous people in this country, and I hope to have many more years to work on that with him in all facets in this chamber.

Our government has made historic investments in overcoming the long-term boil water drinking advisories in first nations communities across this country, and we have had significant results to date. We are on track to meet our target of having no more boil water advisories, long term, in first nations communities in a few years.

We have made significant investments through our $40-billion national housing strategy, a lot of which goes to support indigenous communities.

We have legislation coming forward to deal with the child welfare situation in indigenous communities. We have an important bill in front of Parliament that deals with strengthening indigenous languages in this country, something that is fundamental to the identity of indigenous people here. We also have this legislation, which would advance reconciliation with indigenous people in the north.

These are all elements of the government's broader cross-government agenda to advance reconciliation in a meaningful way. I look forward to continuing to work with my colleague in the years to come to see these important steps taken for all Canadians.

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

12:35 p.m.

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

12:45 p.m.

Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, I listened with great interest to my colleague talking about the importance of consultation and collaboration. Does he not realize that the bill would give a new power to the federal government, which has never been there before, in terms of its ability to prohibit and issue orders when in the national interest and to actually do a complete ban?

The bill does not talk about the government's need to collaborate. It does not talk about consultation. It gives the federal government new powers and authority to completely override both the territorial governments and indigenous governments. Does that not create any concern for the member, given the nature of his speech in which he talked about the importance of collaboration?

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

12:45 p.m.

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

12:45 p.m.

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

12:45 p.m.

Liberal

Robert-Falcon Ouellette Liberal Winnipeg Centre, MB

Mr. Speaker, I was very proud to have the opportunity of trying to get Bill C-262 passed in the House of Commons. It was a great opportunity. I remember speaking with many of my colleagues, the indigenous caucus, and trying to work with the member for Thunder Bay—Rainy River, to ensure that UNDRIP passed in the House of Commons. I know it is before the Senate and the document is not yet law. The senators in the other place have to decide on what will actually occur with that bill and I hope they are able to come to a final conclusion on that.

For me, I think the bill already does incorporate the United Nations Declaration on the Rights of Indigenous Peoples in the law. It ensures that there is respect and self-determination of government. I talked about principles 1 and 5, which recognize self-determination and the right to self-government, which I think is central to the UN Declaration on the Rights of Indigenous Peoples. This goes, part and parcel, with all the other policies we have been doing in the budget, for instance, with water, health, education, economic prosperity, a new fiscal relationship with urban indigenous peoples, and even with emergency management. All of these things are about ensuring that we have an implemented UN Declaration on the Rights of Indigenous Peoples, human rights for all peoples across Canada.

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

12:50 p.m.

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

12:50 p.m.

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

12:50 p.m.

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

1:10 p.m.

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

1:10 p.m.

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

1:10 p.m.

NDP

Gord Johns NDP Courtenay—Alberni, BC

Mr. Speaker, the people of the Northwest Territories know best how their resources should be used and managed. By eliminating the regional land and water boards, the Conservative government ignored the spirit, intent and words of the constitutionally-protected land claim and self-government agreements. They failed to listen to first nations and northerners and it led, as we know, to a lengthy legal battle.

I have to ask my colleague and friend from Alberta why the Conservatives are continuing to weaken the rights of indigenous people. That is what they are doing by challenging this very important piece of legislation.

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

1:10 p.m.

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.