John Duncan

[Indian Oil and Gas Act, April 2nd, 2009]

Mr. Speaker, it is indeed very gratifying to see Bill C-5 advanced to third reading. After nearly a decade of discussions and consultations, we are finally bringing this legislation into the 21st century. In the process, we will be helping to bring much needed prosperity to oil and gas producing first nations.

This long overdue bill is an important step forward in levelling the playing field for resource-rich first nations that face obstacles to achieving their full economic potential. I remind my hon. colleagues that the Indian Oil and Gas Act has remained unchanged for the past 34 years. To say that Bill C-5 is long overdue, is an understatement. That is why I am so proud to be taking part in corrective action with this legislation to set first nations on a better course for the future.

As I pointed out, the last time I spoke on Bill C-5, this is a concrete example of the Conservative government's commitment to ensure that aboriginal Canadians fully share in economic opportunities. It is an important building block that will enable first nations with oil and gas reserves to build stronger, more reliant communities that can better manage their own affairs. The oil and gas sector represents a source of promising economic development opportunities for first nations. The Government of Canada, through its special operating agency Indian Oil and Gas Canada, currently manages over 1,000 oil and gas producing wells and about 150 new wells are drilled on reserves each year.

In 2005-06 over $270 million in oil and gas revenues were collected by the Government of Canada on behalf of first nations. More than $1 billion in revenues from on reserve oil and gas activity has been collected by Indian Oil and Gas Canada on behalf of about 60 first nations over the past five years. That revenue is then passed on, in its entirety, to those first nations communities. This much needed source revenue is being used by these first nations for training, new housing, water and sewer projects, initiatives that are building stronger communities and a brighter future for their children.

Notwithstanding the current economic downturn, industry remains committed to developing partnerships with first nations. The oil and gas sector is continuing to invest hundreds of millions of dollars in exploration and exploitation activities on first nations reserve lands, more than $300 million worth over the last five years alone. While there is great promise, the potential for first nations economic opportunities in the oil and gas sector is dependent upon industry investment.

Private sector interests lament that up until now federal laws governing development activity on reserves have not kept up with industry needs. They also complain that the regulations are unclear in many cases, which can cause delays, additional costs and lost investment opportunities. Industry stakeholders clearly prefer to invest in lands where the regulatory regimes are certain and where communities offer opportunities, not challenges. That is precisely what this bill would provide.

Let me review the many progressive features in Bill C-5 that would ensure first nations lands are every bit as attractive to investors as off reserve lands.

First, the act increases clarity. The amendments clarify both ministerial and judicial oversight powers in high-risk areas such as levying of fines and searches and seizures. Another way that Bill C-5 would clarify would be by harmonizing federal legislation with provincial regimes. This is important because provincial oil and gas laws related to conservation and environmental protection are amended from time to time. If the federal regime does not stay abreast of these changes, it puts first nations seeking investment at a clear disadvantage.

The incorporation by reference of these amendments would ensure the federal regime would keep pace. More to the point, it would eliminate disparities between on and off-reserve lands. Again, this would provide greater certainty for potential investors and facilitate economic development. All of this would be done while, in all circumstances, fully maintaining the federal government's fiduciary responsibilities to first nations.

The second major advantage of Bill C-5 is that it would improve Canada's ability to regulate oil and gas activities on reserve land. Bill C-5 would give the minister, through Indian Oil and Gas Canada, greater authority to audit operators and collect royalties owed to first nations. Once developed, new regulations will establish a clear set of rules to prevent companies from using certain transactions with subsidiaries or related parties to unduly reduce royalties payable to first nations.

Furthermore, the minister would have a 10-year limitation period to commence legal actions to collect unpaid royalties and other amounts owing. This is especially important. There would be no limitation period in cases of fraud or misrepresentation. Without this provision, provincial standards would apply and in some cases the limitation period would be as low as two years. This added protection would ensure that first nations were paid what they were rightfully due.

The final major area of improvement made possible by Bill C-5 concerns environmental protection and ensuring that first nation sites of cultural, spiritual or historical significance will be protected from potentially adverse effects of oil and gas activities. Because the federal regime would be harmonized with provincial environmental protection laws, new enforcement actions to protect the environment from oil and gas activities would be identical to the ones currently available to the province off reserve.

The minister would also be provided new powers to suspend operations if first nation sites of cultural, spiritual or historical significance were discovered or threatened by the oil and gas activities. Oil and gas activities would only be permitted to resume when the minister would be confident that the risk of harm would no longer exist. In addition, the regulations could require first nation concurrence before these operations are resumed.

Another important change in this legislation responds directly to the priorities of first nations. The concern was raised repeatedly that the on-reserve regime did not keep pace with the off-reserve regime. To address this need, the amendments would expand the authority of the governor in council to make regulations and to facilitate regular improvements to them. In fact, the approach taken by Bill C-5 would guarantee continuous changes and improvements to ensure that the federal oil and gas regime would remain current.

Under the act, regulations would be monitored, examined and, when required, amended on a never-ending basis. This means that first nations would never again have to wait for 30 or 35 years before amendments to modernize the act could be implemented.

This is another aspect following on the act in which first nations will play a crucial role. We will continue to work together with oil and gas first nations and their advocate, the Indian Resource Council, during the development of the regulations, just as we did during the development of this act.

I remind the House that before developing the bill, extensive consultations were carried out with first nations with oil and gas interests. Since 2003, Indian Oil and Gas Canada has held one-on-one sessions with over 85% of the oil and gas-producing first nations.

My hon. colleagues can rest assured that passage of this legislation is not the end, but merely a continuation of an ongoing consultation process with first nations. That is not rhetoric. That is a promise.

During the minister's appearance before committee, he mentioned a letter of comfort which he sent to the Indian Resource Council last year. I should explain that the Indian Resource Council is a national aboriginal organization that advocates on behalf of some 130 first nations with oil and gas production or the potential for production.

In writing, the minister outlined Canada's commitment to modernize the on-reserve oil and gas regime. He also committed to continue our partnership with the Indian Resource Council during the development of the regulations. Of concern to many, the minister reassured oil and gas first nations that there was nothing in Bill C-5 that affected first nations' jurisdiction over their resources. Nor did the act extend the jurisdiction of the provinces to those lands or resources.

The minister reiterated that it was the Government of Canada and not provincial authorities that would be responsible for managing first nation lands and resources. The letter of comfort also addressed first nation concerns related to value-added opportunities. For example, the minister pledged to establish first nation energy business centres of excellence in Alberta and in Saskatchewan.

Furthermore, the minister committed to identifying opportunities for greater first nations input and involvement in the decision-making processes at Indian Oil and Gas Canada on issues that directly affected them. As well, he signalled his willingness to explore options for greater first nations control over the management of their oil and gas resources. Of great interest to us as legislators, the minister promised to establish a continuous change or improvement process.

These assurances reinforce our government's determination to ensure first nations share equally in our country's prosperity. Members of government believe profoundly that first nations citizens must participate fully in all that Canada has to offer and be given the tools to achieve greater economic self-reliance and an ever-increasing quality of life. Bill C-5 would help to advance these goals by providing modern legislation, competitive regulations and sound practices that would create the conditions for economic success and social progress.

These goals are shared by all members of the House. The key to unleashing this potential lies in passing this modernized legislative framework into law. By endorsing Bill C-5, we will be confirming, once again, that collaboration and partnership between the federal government, the private sector and aboriginal people can lead to a better future. Indeed, it will help build a better country for us all.

I call on all parties to lend their support and ensure the speedy passage of this necessary and overdue legislation.

[Excise Tax, March 3rd, 2009]

Mr. Speaker, Canada has an important mining sector, which includes diamond and precious metal mining in a dynamic value-added jewellery sector.

In 2005, despite aggressive resistance from the Liberal government, my private member's bill to remove the excise tax on jewellery received royal assent. This tax was discriminatory and very counterproductive for Canadian jobs.

The Liberal government of the day chose to use a technicality to avoid eliminating the unfair tax. Instead, it offered a long-term phase-out. Today is significant because this is the first day that this tax would have been gone under the Liberal plan.

Contrast this with the actions of the Conservative government elected in January 2006. The tax was removed immediately, more than three years ago.

This is another example where, once again, the Conservatives took immediate action to help Canadians, while the Liberals dragged their feet. Shame.

[March 2nd, 2009]

Mr. Speaker, the government is getting things done that the previous government did not get done.

Let me repeat. Our government continues to put the north on the agenda like no government before us. In fact, the northern strategy calls for us to harness the resources and energies of all federal departments and agencies to work towards achieving four core objectives: strengthening our Arctic sovereignty; protecting the north's fragile environment; promoting economic and social development throughout the north; and improving and devolving northern governance.

We are determined to make tangible practical progress in enabling stable prosperous communities in the north and an improved standard of living for northerners.

I look forward to the member's support in all these endeavours.

[March 2nd, 2009]

Mr. Speaker, I am happy to rise to speak in response to the question from the hon. member for Yukon.

Our government firmly asserts its presence in the north on multiple fronts, sending a strong message to the world on Canada's right and resolve to protect its territories.

Measures taken include committing $720 million for a new polar class ice breaker, the John G. Diefenbaker, to replace the Canadian Coast Guard ship CCGS Louis S. St-Laurent, scheduled to be decommissioned in 2017. The new ship will have increased ice breaking capabilities and be dedicated to the protection and studying of Arctic waters and, by extension, securing Canada's sovereignty in the north. This will increase our ability to patrol.

We will be launching the RADARSAT-2 satellite for monitoring and mapping. We are committed to amending the Arctic Waters Pollution Prevention Act to extend its application to 200 nautical miles. We are creating the Canadian Forces Arctic training centre in Resolute Bay, Nunavut.

We are committed to purchasing new Arctic offshore patrol ships and building a new deepwater berthing and refuelling facility at the eastern entrance to the Northwest Passage in Nanisivik, Nunavut; to expanding and modernizing the Canadian rangers program, a very important presence in the north and part of Canada's reserve force responsible for providing a military presence in remote, isolated and coastal communities in Canada; undertaking sovereignty related military operations in the north, such as operation Nanook; working on the northern watch technology demonstration project, which seeks to identify the best combination of sensors for a cost-effective surveillance system in Canada's Arctic; and investing $40 million over four years to carry out the comprehensive mapping of Canada's seabed in the Arctic and North Atlantic Oceans to support Canada's submission to the UN's Commission on the Limits of the Continental Shelf in time to meet the UN deadline of 2013.

It is abundantly clear that our government supports a vision of a new north that realizes its full social and economic potential and secures its future for the benefit of all Canadians.

Through the integrated northern strategy, we focus on strengthening our Arctic sovereignty, protecting the north's environmental heritage, promoting social and economic development and improving and devolving northern governance.

What is more, budget 2009 continues the implementation of this government's vision for a new north with new measures that will protect and secure Canada's sovereignty and create more economic opportunities in the north.

These include $50 million over five years to support economic development through the creation of a new regional economic development agency for the north; $90 million over five years for a renewed strategic initiative for northern economic development; $200 million over two years for new and renovated social housing for low income Canadians in all three northern territories; $87 million over two years to support the government's commitment to Arctic science; $38 million in support of environmental assessments, regulatory coordination, science and aboriginal consultations related to the Mackenzie gas project; and up to $17 million to accelerate the construction of the Pangnirtung, Nunavut, small craft harbour.

[Aboriginal Affairs, February 27th, 2009]

Mr. Speaker, we inherited, in the transition from the last administration, 180 high-risk water systems. That number is now less than 60, and we have an action plan to reduce that number.

Once again we are getting the job done. The NDP and the opposition parties are erecting blockades.

[Aboriginal Affairs, February 27th, 2009]

Mr. Speaker, those are irrational allegations. We have put $1.6 billion into infrastructure spending for first nations. We are putting that money into necessary things like water and waste water. We are ensuring that every community has safe drinking water.

Health and safety is our first and main concern. I think the member should rest assured that the government is looking after this circumstance.

[Fisheries and Oceans, February 27th, 2009]

Mr. Speaker, the member opposite should know that those estimates include some deferrals. The main reason for that difference is some movement and transfer of moneys from this fiscal year to next the fiscal year to deal with the issue of the mid-shore patrol vessels.

I would like to add that as of yesterday the industry was notified that we would be continuing with the procurement of the mid-shore patrol vessels.

[Tackling Violent Crime, February 27th, 2009]

Mr. Speaker, the Ottawa NDP claims it wants to be tough on crime, then returns to its “hug-a-thug” ways.

The NDP is offside and out of touch with working families who work hard and want to be safe in their communities.

The “soft on crime” NDP thinks that house arrest is reasonable punishment for serious repeat property crimes like car theft and arson.

The NDP works to oppose important legislation to protect the security of Canadian communities. That is why the NDP opposed anti-terrorism legislation and house arrest legislation for serious property crimes.

As a gang war rages on the west coast, the NDP wants to have illegal drugs legalized. The NDP opposes registering sex offenders in case those who commit “lower-end” sex crimes suffer from such a registry.

The NDP sees putting criminals in prison as a radical and extreme measure.

The NDP is--

[February 26th, 2009]

Madam Speaker, we had a two-hour meeting with officials today on this very subject. The member opposite had every opportunity to ask those questions. She also had every opportunity to research those questions. It is a very simple ask. All I can say is that we will provide that information. I do not happen to have it, but I am sure that I could have it within a few minutes, if I have been given any notice at all.

The member and I share geography. We are both from Vancouver Island. We both have some very similar constraints, issues, concerns and first nations communities. To summarize, my endorsement by first nations was based on progress by this government on specific claims, residential schools and the common table. We are making progress—

[February 26th, 2009]

Madam Speaker, I actually thought we were in adjournment proceedings and that I would be responding to a question that had been asked days earlier, not today, and not new questions. Therefore, I will comment very briefly.

I was at the same committee meeting today and based on the interpretations I just heard from the hon. member opposite, it would seem that we heard two different things.

What I did hear very clearly was that some of the initiatives we are taking are not top down. They are based on a lot of dialogue coming from first nations and from aboriginal leadership first and foremost.

It was very clearly stated by departmental officials today that political considerations on the funding of schools are not how they make their decisions, and the member opposite knows that. The member who asked the question in question period today knows that as well, although he was not at the meeting earlier today.

I am pleased to rise to speak to the question posed much earlier. I think January 30 is the date that was mentioned.

Time and again this government has reaffirmed its commitment to work with aboriginal communities to make a real difference in their lives, from infrastructure, to employment, to health services. We are working in partnership across government to improve the quality of life for aboriginal Canadians.

Budget 2009, Canada's economic action plan, is no exception. The action plan contains $1.4 billion over two years for specific initiatives aimed at improving the well-being and prosperity of aboriginal people in Canada. Our government has focused priorities so that aboriginal Canadians can play an even greater role in the Canadian economy.

In addition to this new budget spending, aboriginal families and communities will continue to benefit from almost a billion dollars annually in first nations community infrastructure needs, including housing, water and waste water systems, education facilities, and other infrastructure such as roads, bridges and community facilities.

Just today the minister was in New Brunswick announcing a new school in Burnt Church. That is an important announcement. That is one of the 10 new schools announced as part of budget 2009, Canada's economic action plan. More will be announced in the coming days and weeks. I am sure that the member for Nanaimo—Cowichan will be listening very intently to those announcements.

We know that infrastructure funding alone is not enough to address all of the challenges. We are investing $200 million over three years to support aboriginal skills and training to ensure aboriginal readiness for opportunity-driven initiatives and to improve labour market outcomes.

The government is working closely with its partners to achieve measurable results for all aboriginal people and all Canadians.