The House is on summer break, scheduled to return Sept. 15

An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts

This bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Sponsor

Dominic LeBlanc  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

Part 1 of this enactment amends the Mackenzie Valley Resource Management Act to establish an administration and enforcement scheme in Part 5 of that Act that includes the issuance of development certificates. It also adds an administrative monetary penalty scheme and a cost recovery scheme, provides regulation-making powers for both schemes and for consultation with Aboriginal peoples and it allows the Minister to establish a committee to conduct regional studies. Finally, it repeals a number of provisions of the Northwest Territories Devolution Act that, among other things, restructure the regional panels of the Mackenzie Valley Land and Water Board, but that were not brought into force.
Part 2 of the enactment amends the Canada Petroleum Resources Act to allow the Governor in Council to prohibit certain works or activities on frontier lands if the Governor in Council considers that it is in the national interest to do so.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Votes

June 17, 2019 Passed 3rd reading and adoption 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
June 11, 2019 Passed Time allocation for 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
June 10, 2019 Passed Concurrence at report stage 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
April 9, 2019 Passed 2nd reading 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
April 9, 2019 Passed Time allocation for 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

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 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

April 9th, 2019 / 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

April 9th, 2019 / 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

April 9th, 2019 / 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

April 9th, 2019 / 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

April 9th, 2019 / 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

April 9th, 2019 / 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.

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 1:10 p.m.

Conservative

Robert Sopuck Conservative Dauphin—Swan River—Neepawa, MB

Mr. Speaker, I will give the House a bit of personal history.

Back when I was a young biologist, I spent time in the Mackenzie Valley doing some of the initial environmental impact assessment work. I stayed in the community of Norman Wells, which has been producing oil since the Second World War with zero environmental impact. I also lived in the community of Fort Simpson for a while, so for a southerner, I know the area somewhat, and I can guarantee that any project proposed there is done under the most strict environmental standards. In fact, the standards that were in place back in 1973 were world-class even then.

I would like to quote a couple of newspaper articles for the House.

On June 5, 2018, the Edmonton Journal writes, “Investor flight from energy sector is a national embarrassment”.

The CEO of the Royal Bank of Canada said, “Our competitiveness is challenged. Our capacity to grow and advance the economy is stalling.”

The C.D. Howe Institute writes, “C.D. Howe blames Canada’s sclerotic regulatory regime for the killed and stalled projects and the flight of investment capital.”

Can my friend and colleague comment on the downward spiral of the Canadian economy as a result of the sclerotic regulatory regime that the government has implemented?

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 1:10 p.m.

Conservative

Shannon Stubbs Conservative Lakeland, AB

Mr. Speaker, my colleague is exactly right. The devastating losses of energy projects and energy jobs are a direct consequence of the Liberals' policy and their legislative agenda. The only oil and gas industries in the entire world that are not thriving are Canada's and Venezuela's. The risk is that Canada is being left behind in its potential as a leading global energy producer and exporter, which harms all Canadians and all indigenous communities.

The reality is that the amount of investment that has been lost in Canada's energy sector under these Liberals is more than at any other time in more than seven decades. It is not a matter of external factors; it is a direct consequence of their decisions.

Further to my colleague's experienced, direct and informed comments on Canada's track record, it is not just Conservatives saying it. It has actually been benchmarked in exhaustive and comprehensive comparisons of Canada to the other top 10 major oil and gas-producing countries in the world in 2012 and 2014. The conclusions were that on every single measure—including expertise, independence, consultation, evidence, science-based decision-making and the incorporation of traditional knowledge—Canada's track record and role are second to none among every other major producer on the planet. Canada can do better and strives to always do better, but Canada is already a world leader on exactly all those points my colleague mentioned.

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 1:15 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, the member, like many members on her side of the House today, speaks about the energy sector as though energy can only be the kind that is derived from fossil fuels. When they talk about loss in energy sector jobs, they are actually not being entire truthful, because the green energy sector, which is also an energy producer, is up 37% over the last five years. There are now more people employed in Canada in the green energy sector than in the oil sands. As a matter of fact, 23,700 people work in the green energy sector, whereas 23,340 work in the oil sands. In Alberta specifically, the number of people employed in the green energy sector is doubling every year.

Can the member comment on the fact that the rhetoric we continually hear from the other side of the House when we talk about the energy sector seems to be focusing only on oil-producing energy sectors?

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 1:15 p.m.

Conservative

Shannon Stubbs Conservative Lakeland, AB

Mr. Speaker, first of all, just to be clear, in case the Liberals do not know, the energy sector is the number one private sector investor in the Canadian economy. It is Canada's biggest export. He is quoting oil sands jobs, but that is not the totality of the energy sector; in fact, the total job numbers are close to a million.

The Liberals are doing everything they can to vaporize those jobs and businesses. There are probably more than 200,000 job losses under their government alone, but contractors and self-employers cannot be included in the statistics.

However, the fact is this. Of private sector investors in alternative and renewable energy technologies, the number one investor right now and for decades, aside from the public sector or public utilities, has been oil sands and pipeline companies. They are major multi-energy integrated companies. They are the innovators and companies that will lead the long-term transition and technological development to alternative and renewable energies in the future.

That is why it makes no sense for the Liberals to keep going down their path of stepping on the throats of oil sands and conventional oil developers and destroying the oil and gas sector. Those are the private sector risk-takers and inventors that can also achieve their long-term transition goals.

What very much worries me every time these Liberals stand up and say something like that is that they seem to have no clue about how the energy sector actually works or where this technology and innovation comes from.

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 1:15 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I represent a very large mining region, where we are seeing a number of new mining operations coming on stream. What has become really clear for the success of mining in the north are the indigenous agreements, which are very much tied to an environmental plan. People are being employed and there is new investment, but the other element is that companies are trying to deal with the need for a green footprint. For example, Borden mine has gone 100% green. It is getting rid of diesel underground and going electric. It is much safer for the workers and it actually lowers costs.

I would ask my hon. colleague about the importance of making sure that natural resource projects are tied to an environmental plan and to making sure we are getting the maximum benefit from the resources by limiting greenhouse gas. It is innovative and creates a better profit for companies and communities in the long term.

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 1:15 p.m.

Conservative

Shannon Stubbs Conservative Lakeland, AB

Mr. Speaker, all Canadians want Canada to maintain the highest standards of environmental responsibility, protection, operations and performance. Indeed, I agree with my colleague that it is wonderful to see the countless examples in the mining sector of companies taking measures that make economic sense to them, as they have been doing for decades.

The mining sector is really a leader and role model in terms of engaging and employing indigenous people, as well as in working with indigenous communities and people as owners and partners in responsible resource development. Just as in the energy sector, where a single oil sands company happens to be the largest private employer of indigenous people, the mining sector is the largest employer as a whole. In the same way, oil and gas companies in Canada are world leaders in innovation and technology in protecting the environment, including the major investments in clean technology by a consortium of oil sands companies over the last several decades.

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 1:20 p.m.

Liberal

Nick Whalen Liberal St. John's East, NL

Mr. Speaker, I am pleased to rise today on the traditional territory of the Algonquin people in support of a bill that proposes to strike a more appropriate balance between environmental protection, social responsibility and economic development in Canada's north. As my hon. colleagues recognize, Canada is blessed with an abundance of natural resources, and throughout Canada's history these resources have been a cornerstone of the economy.

While the national economy grows ever more diverse thanks to the rise of other sectors, resource development remains crucial to our national prosperity. Resource development projects create jobs and export sales and stimulate technological innovation. Tempering these benefits, however, are the environmental and social impacts of resource extraction and development. These include pollution, destruction of ecosystems and changes in the fabric of communities and traditional indigenous ways.

Throughout much of our nation's history, while we relied on resource development for prosperity and growth, we often failed to appreciate and take into account its long-term environmental and social consequences. To strike a better balance between economic and environmental concerns, Canada has developed a unique regulatory regime that governs resource development projects in the north, a regime that is co-managed with indigenous partners.

The regime requires that proposed projects undergo stringent reviews of anticipated impacts. This regulatory regime helps to ensure that resource projects maximize potential economic benefits and minimize potential environmental impacts. In this way, the regime restores public confidence and creates certainty and predictability, which are so important in industry, and it sets the foundation for a sustainable and long-term natural resource industry in the north.

I am going to take the opportunity now to advise that I will be splitting my time with the parliamentary secretary, the member for Acadie—Bathurst.

To maintain an appropriate balance between these concerns, the regulatory regime evolves continually as Canada evolves and as our understanding of the environment and of resource development deepens. In the north in particular, the settlement of modern land claims has enabled the creation of unique systems of governance in co-operation with our indigenous partners.

Through the amendments proposed in Bill C-88, our government has established a clear path forward in managing land, water and natural resources in the Mackenzie Valley, one that respects indigenous inhabitants and is fair and equitable to industry. These amendments strengthen trust and provide certainty, and they provide an effective approach to natural resource co-management. They also support a modern regulatory regime that is stable, predictable, coordinated and balanced.

Bill C-88 responds to the concerns raised by indigenous governments and organizations in the Mackenzie Valley about the provisions of the 2014 Northwest Territories Devolution Act. That act devolved the administration and control of public lands and waters to the Government of the Northwest Territories and also made other amendments to the Mackenzie Valley Resources Management Act.

Those 2014 amendments to the Mackenzie Valley Resources Management Act included provisions to amalgamate the regional land and water boards in the Mackenzie Valley into a single board. While the government of the day argued that an amalgamated board structure would provide clarity and certainty to the regulatory regime in the Mackenzie Valley, the opposite occurred.

Instead of bringing certainty, the proposed amalgamated boards led to court challenges by indigenous organizations. Indigenous groups argued that their authorities in land and water management, guaranteed by their land claims and self-government agreements, were not being respected, and that their land and water boards could not be unilaterally abolished by the federal government.

A court injunction in February of 2015 halted the provisions of section 253(2) of the Northwest Territories Devolution Act, the section that included restructuring of the land and water boards. The injunction also affected important policy measures that are central to the regulatory regime, such as the use of development certificates and their enforcement scheme and inspection notice requirements on Gwich'in and Sahtu lands.

So much for bringing certainty to the regulatory regime. Stakeholders agree that the 2014 legislation has done the opposite; it creates a climate of uncertainty and discourages the responsible development of the Mackenzie Valley's natural resources.

The Government of Canada is committed to exploring ways to fix the restructuring provisions, resolve the legal proceedings and renew the government's relationship with indigenous peoples in the Northwest Territories.

Bill C-88 is the product of productive discussions with indigenous governments and organizations, the Government of the Northwest Territories, resource co-management boards, industry and other stakeholders. Input received has been carefully considered and helped shape the bill.

If passed, Bill C-88 will undo the controversial land restructuring provisions and reintroduce important regulatory improvement provisions from the Northwest Territories Devolution Act that did not come into force due to the court injunctions. Bill C-88 provides certainty to proponents, and it supports a modern-day regime that balances environmental, social and economic well-being.

My understanding is that the Government of the Northwest Territories supports the amendments proposed in Bill C-88, contrary to what the opposition has said. Indigenous governments and organizations in the Northwest Territories also want these amendments. The mining industry that conducts its business in the territory is not opposed to the board restructuring amendments, and supports anything that provides greater clarity and certainty in the regulatory process and gets us through these injunctions.

Companies with commercial interests in the north also understand the importance of protecting the unique arctic environment, while pursuing safe, responsible development, which creates jobs and economic growth right in the northern communities from whence the resources come.

Bill C-88 proposes to improve the regulatory regime in the north through a series of amendments informed by several important developments. These include the court challenges I mentioned earlier, as well as the accelerated impacts of climate change in the Arctic and the Government of Canada's commitment to foster reconciliation between indigenous peoples and the Crown.

The amendments proposed in Bill C-88 would increase predictability, consistency and timeliness of regulatory reviews in the north, while strengthening environmental protections. Northerners deserve a fully functional, modernized regulatory regime that meets their particular needs, the kind of regime that promotes growth and prosperity while at the same time safeguards the fragile northern ecosystem, the kind of regime that strikes the appropriate balance between economic and environmental concerns.

Bill C-88 would provide the clarity and certainty that the regulatory process needs in order to encourage industry investment in resource development in the Mackenzie River valley. I call upon all members of the House to support Bill C-88, which will enable us to balance the development of untapped economic potential in the north with strong partnerships and sound environmental stewardship.

One of the main issues that has arisen in my conversations with oil and gas companies around uncertainty, and I know the opposition shadow minister raised this point, actually relates to the uncertainty that arises out of the courts. The biggest fear of companies that have proposed to invest billions of dollars in resource development and extraction is that the courts will impose some type of an injunction late into their process, creating a great amount of uncertainty as to whether or not their capital can be effectively deployed. This is exactly what happened with TMX. It is exactly what happened with the previous 2014 legislation that this bill hopes to amend. It is the greatest source of risk that our government is trying to fend off.

Although some members of the House suggest that these injunctions occurred on our watch and, therefore, must be our fault, the exact opposite is the case. The injunction arose in the cases that I just mentioned from decisions that were made by the previous government and its failure to properly consult, to take indigenous concerns into account, to abide by our constitutional commitments and to abide by the duty to accommodate.

This is what so much of our focus has been on for the last four years, to get our environmental regulatory regime back in line with our constitutional and economic commitments, to help make sure indigenous communities thrive. In this particular instance, we have the right balance and we know we do because the groups that have brought forward the injunction are in favour of the changes.

Second ReadingMackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 1:30 p.m.

Conservative

Robert Sopuck Conservative Dauphin—Swan River—Neepawa, MB

Mr. Speaker, I listened with great interest to my colleague's speech. I was shocked at the very beginning of his speech when he implied that sound environmental technology is just a recent thing. As someone who has been in the business since 1973, and part of the Mackenzie valley pipeline assessment, I can tell him that we have had 40 years of continuous environmental improvement.

I want to talk about what is happening to the Canadian economy because of what the Liberal government is doing. Interestingly, in March of this year, the United States economy added 196,000 jobs, while in the same month, employment in Canada fell by 7,200. Back in the day, the Canadian and American economies were in lockstep. If the U.S. grew 200,000 jobs, we would grow 20,000. Now our economies are starting to diverge, strictly because of the regulatory regime that the Liberal government has put in place.

C.D. Howe reports that during this time investment in the Canadian oil and gas sector fell from $125 billion in 2014, under the watch of the great former prime minister Stephen Harper, to $75 billion in 2018. This was during a period when global investments in oil and gas have increased, especially in the U.S., which had a 50% rise in oil and gas sector investment in 2017.

How can the member defend this shabby record?