Bill C-88 (Historical)

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

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.

Second Reading

[Nick Whalen, Liberal, St. John's East, NL]

Mr. Speaker, as the member knows, the regulatory regime that we are living under is the regulatory regime that the Conservatives put in place. The legislation that we are trying to get through the House today, as well as Bill C-69, which is before the Senate, is our attempt to fix the regulatory system. If the member's complaint is that our regulatory system does not work, then he only has his own party to blame.

Having said that, we do not pick one month and base the entire job-number argument on it. Since we have been elected, there have been 900,000 new jobs and 825,000 people lifted out of poverty. We are looking forward to getting a number of environmental assessment processes through what we consider to be the failed 2012 process but it is the process we have, with full indigenous consultation where indigenous peoples have been funded for their participation. We are so excited that the Newfoundland offshore will have an opportunity, hopefully, to avail itself of that this summer.

Of course, we look forward to a final decision on an improved process for the NEB, which, again, if it had been done right the first time, we would have had four years of pipeline to our coast to B.C. However, we did not because of the previous government's ineptitude.

[Marjolaine Boutin-Sweet, NDP, Hochelaga, QC]

Mr. Speaker, I am so pleased to see that Bill C-88 is revisiting the principle of self-determination of indigenous peoples. However, the concept of self-determination of indigenous peoples applies to many other areas, including housing, for example.

The minister responsible for housing put forward a housing strategy over a year ago, but we still do not have a targeted housing strategy for indigenous people. I would argue that self-determination should form the foundation of that strategy.

I would like to know whether my colleague would commit to putting some pressure on his colleague, the minister responsible for housing, first, to bring forward a targeted housing strategy for indigenous people, and second, to ensure that strategy is squarely based on self-determination.

[Nick Whalen, Liberal, St. John's East, NL]

Mr. Speaker, if I understood correctly, the question relates to our efforts with respect to housing for indigenous peoples.

My neighbour, the Minister of Indigenous Services, is handling the housing situation in indigenous communities. While the strategy may not have been presented by a member from Quebec, it is coming from the Minister of Indigenous Services. Budget 2019 includes a many new investments in that regard.

We are not going to simply enforce our own view of what a housing strategy for indigenous people will look like. Our indigenous services minister will work with indigenous people to make sure that the money in budget 2019 for indigenous housing is deployed in a way that helps them, as I am sure the member will appreciate and respect.

[The Deputy Speaker, Bruce Stanton]

Before we go on, I would like to thank the hon. member for St. John's East for mentioning that he will be sharing his time.

There have been more than five hours of debate since the debate began. Accordingly, all speeches from this point on will be limited to 10 minutes, and questions and comments will be limited to five minutes.

Resuming debate. The hon. Parliamentary Secretary to the Minister of National Defence.

[Serge Cormier, Liberal, Parliamentary Secretary to the Minister of National Defence]

Mr. Speaker, I am pleased to rise today in support of Bill C-88.

The Government of Canada, our government, is taking a new approach. We are currently conducting extensive consultations with indigenous governments and organizations as well as other key stakeholders on issues that will affect them. By working directly with indigenous governments and stakeholders on developing this bill, we can respond to concerns that are raised and ensure that the rights of indigenous peoples are respected. This process has helped create a law that will benefit all Canadians.

Bill C-88 amends the Mackenzie Valley Resource Management Act in direct response to comments from key stakeholders, as well as concerns expressed to the Government of Canada by indigenous groups affected by the previous piece of legislation.

Our indigenous partners have made their views quite clear. The Tlicho government and the Sahtu Secretariat Incorporated applied to the courts in 2014 and 2015 respectively for protection of their rights in accordance with their individual land claim and self-government agreements. The bill we are debating today corrects those problems and responds directly to the concerns expressed by indigenous governments and organizations.

As part of the ongoing reconciliation process, the Minister of Crown-Indigenous Relations asked departmental officials to initiate an ongoing dialogue with indigenous organizations and governments in the Northwest Territories to address their concerns.

On September 23, 2016, the minister sent letters to indigenous groups and stakeholders launching consultations on the draft bill to amend the Mackenzie Valley Resource Management Act in order to address these issues.

Bill C-88 is the result of consultations with indigenous organizations and governments in the Mackenzie Valley, transboundary indigenous organizations and governments, resource co-management boards, and oil and gas industry organizations.

In addition to indigenous organizations and governments, Canada consulted the Government of the Northwest Territories. Our government also consulted members of the mining and gas and oil industries, including the NWT & Nunavut Chamber of Mines, the Mining Association of Canada, the Prospectors and Developers Association of Canada and the Canadian Association of Petroleum Producers. The text of the bill was communicated to these groups to get their feedback, and several meetings were held to respond to their concerns.

Ongoing consultations over the long term with key stakeholders have provided Canada with invaluable insight into the practical nature of the bill before us today. The comments from our partners provided unique perspectives and useful guidance which, in the end, led to the drafting of this bill.

Canada recognizes that the previous legislation was drafted without enough consultation. This is why the government of Canada ensured that the voices of indigenous groups, the government of the Northwest Territories and industry representatives were heard at every stage of the process.

Bringing together stakeholders is the key to developing effective policies and practices. Our government is holding extensive consultations in order to create processes that satisfy the needs of all parties. That ensures that the final product serves everyone in a positive manner and gets rid of any possible uncertainty regarding natural resources.

In March 2018, the Minister of Crown-Indigenous Relations met with industry groups to better understand their opinion on developing and co-managing resources in the north. Industry plays a major role in creating a stronger and better relationship with governments and indigenous organizations when it comes to protecting, managing and developing Canada's natural resources. In order to truly make progress on the path to reconciliation with indigenous peoples, industry must be taken into consideration as a key strategic partner alongside all levels of governments.

Consultation and engagement with stakeholders on Bill C-88 began in February 2017. A draft bill was distributed to participants for an eight-week review, during which two meetings were held in Yellowknife. At these meetings, departmental representatives from the former department of Indigenous and Northern Affairs Canada explained the content of the proposal and the accommodation measures in response to the participants' comments.

Throughout the consultation process, changes to the draft bill were clearly communicated to give stakeholders the opportunity to express their opinion.

By engaging stakeholders, we were able to address all concerns as they were raised. With our innovative approach to drafting this bill, we are improving how our government makes decisions, gathers information, and engages with different stakeholders. Today's bill reflects that process.

If passed, the proposed amendments would contribute to the efficient, predictable and coherent management and use of land, water and natural resources in the Mackenzie Valley. By charting a clearer course for governments and organizations with respect to natural resource management, industry will no longer have to contend with potential uncertainty that hinders its ability to invest in northern Canada.

This legislation will enhance economic opportunities and growth while protecting the environment for future generations. It addresses concerns expressed by indigenous organizations and governments and is consistent with constitutionally protected land claim and self-government agreements. It recognizes the importance of indigenous peoples' active participation in the co-management of natural resources and protects their right to oversee the future of their lands.

The environment, the economy and reconciliation go hand in hand. We need to create a more effective system for everyone, and that is exactly what Bill C-88 accomplishes. I invite my hon. colleagues to support it.

We will achieve reconciliation with indigenous peoples. We will work closely with indigenous peoples and all other stakeholders, whether from industry or other levels of government. It is a priority for our government, always has been, and we will stay the course and continue our work.

[Karine Trudel, NDP, Jonquière, QC]

Mr. Speaker, it is good that the Liberals have taken this step to repair some of the harm the Harper government inflicted on indigenous peoples. Of course, there is still a lot of work to be done on this file, especially when it comes to housing, infrastructure, drinking water, wastewater, education and the implementation of political rights.

Can my colleague tell us why the bill makes no mention of the United Nations Declaration on the Rights of Indigenous Peoples?

[Serge Cormier, Liberal, Acadie—Bathurst, NB]

Mr. Speaker, I thank my colleague from Jonquière for her question. To come back to the bill, as I said earlier, the Government of the Northwest Territories and indigenous peoples have been calling for a bill like this. They want to develop their own natural resources and manage their land the way they see fit, based on their own needs.

As I said in my speech, we want to work very closely with indigenous peoples. We want to ensure that they can manage their land and have access to their resources as they see fit, with the co-operation of industry and the various levels of government. That is exactly what we are doing.

With regard to what we are doing for indigenous peoples, I think that our track record speaks for itself. We began the reconciliation process, while the former Conservative government completely ignored the rights of indigenous peoples. We believe that by working more closely with indigenous peoples, the various levels of government and industry on this bill, we will be able to implement the tools and processes necessary to enable them to develop their full potential.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, the government talks about the importance of indigenous consultation, but what it is not reflecting on is that in part 2 of this particular bill, the federal government would have the ability to be arbitrary in terms of shutting down energy resource development projects.

The more important question is why it is more important for the government to debate this bill today, which would shut down energy resource projects in an arbitrary way for indigenous communities, than to debate what it says is its most important priority, which is the child welfare legislation.

The Liberals clearly believe that the federal government having the arbitrary ability to shut down energy processes without indigenous consultation is more important to debate today in the House than something it has told indigenous communities it would get done, which is the child welfare legislation.

[Serge Cormier, Liberal, Acadie—Bathurst, NB]

Mr. Speaker, I thank my colleague for her question.

When I hear the word “consultation” coming out of the Conservatives' mouths, I cannot help but chuckle. I did not think that word was in their vocabulary. In contrast, we have always consulted very closely with indigenous peoples.

The problem was created by the Conservatives in 2014 when they split up the boards. For 10 years, the Conservatives made it clear that they were not interested in working with indigenous peoples to fix this problem. The bill we are introducing today will fix the problem.

Again, the Government of the Northwest Territories asked for this bill. Indigenous peoples want to be able to access and manage their own resources. I think it is advisable to ensure that indigenous communities can access and manage their own resources, but industry and the various levels of government also need to support the indigenous communities.

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, the last question suggested that the government would be shutting down energy resources. However, this would actually allow the protection of existing energy leases.

To let the opposition know, this bill would just reverse an attempt by the opposition to ride roughshod over the rights of the Sahtu, Gwich'in and Tlicho people by making unconstitutional changes to an act. This bill would reverse that, as indicated by a court injunction. I assume that the member agrees that we should not try to override the constitutional rights of indigenous people by passing laws that are not constitutional.

[Serge Cormier, Liberal, Acadie—Bathurst, NB]

Mr. Speaker, I thank my colleague from Yukon, who works very hard for indigenous communities in his region and across the country.

As I mentioned, this problem was created in 2014 when the Conservatives split up the boards. This bill seeks to put more power in the hands of indigenous communities. The Government of the Northwest Territories called for this bill. Indigenous communities want to be able to access and manage their own resources, but they also want the collaboration of the various industry players.

We are again putting indigenous communities at the forefront. With this bill, we are giving them greater assurance that they will be able to manage their resources and their affairs as they see fit.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

Mr. Speaker, I want to be very clear about the government's instincts. When it comes to many pieces of legislation, the Liberals' instincts are wrong. Their instinct is to manage to bureaucrats and to the wealthiest few in this country.

I want to walk people who are watching through Bill C-88 as an example of why this is the case and also compare it to something that just happened in the last 24 hours that proves that the government really does not care about the environment but does care about bettering the interests of the Liberals' corporate donors and the wealthy companies in this country.

Part 2 of bill C-88 would amend the Canada Petroleum Resources Act to allow the Governor in Council to issue orders, when in the national interest, to prohibit oil and gas activities and freeze the terms of existing licences to prevent them from expanding during a moratorium. For those who are watching, what that means is that like Bill C-69, the no more pipelines act, the government is introducing yet another piece of legislation that would allow the cabinet or the Liberal Party of Canada to interfere politically in the review process, or essentially in the economy, in a way that is not positive.

What do I mean by that? Part of what we have seen in terms of the economic downturn in Canada, when it comes to the natural resources sector, and what we will hear from anyone who wants to look at Canada as a potential place to invest, is that the Liberal government, led by the Prime Minister, has made it uncertain and unstable for people to invest in Canada because of pieces of legislation like this.

If we were sitting around a board table or were a small business trying to decide whether to make an investment, one of the questions we would ask is what the government was going to do with regard to regulations or whether a project was going to go forward. What the government has done with bills like part 2 of Bill C-88, which we are discussing today, and Bill C-69 is say that it would politically interfere in their decision and make a decision that would be in the Liberals' best interests politically, whatever they might be. That would not help investment in Canada. That would not help protect the environment.

Liberals might say that this would help protect the environment, but it would not. All it would do is create an environment of uncertainty so that people could not and would not invest in natural resources projects in Canada. It is a convenient way for them to kick the can down the road.

Rather than standing up and saying that as a government, as a political party, this is what the Liberals' vision is for natural resource development in Canada, they are saying, “Maybe we will do something at some point. Why don't you invest? However, we may pull that football away through legal provisions” such as the one they are introducing in the bill. That is why it is important for Canadians to pay attention to this.

With regard to protecting the environment and perhaps protecting average Canadians, we saw something remarkable happen yesterday. The environment minister not only signed off on $12 million worth of taxpayer money going to one of the wealthiest companies in Canada, Loblaws, to buy new fridges, she also staged a taxpayer-funded announcement at a Loblaws store. Twelve million dollars of taxpayer funds went to a company that makes hundreds of millions of dollars a year to buy fridges, and then tax dollars were used for the minister to get a photo opportunity for doing that.

One could argue that Loblaws is a very successful company. If everyone is so committed to protecting the environment, why could Loblaws not just buy those fridges itself? Why was the government's policy instinct not to incent the company, either through regulations or tax credits or something that would be better for everyone in the country and would put everyone on a level playing field? Why was the Liberals' instinct to give money to this company, which can afford lobbyists to fill out very complicated grant applications? Why was it the Liberals' instinct to give money to a wealthy company that could have done this itself instead of something that would have evened the playing field for all Canadians and incentivized business?

I like to call it “reverse Robin Hood”. The Prime Minister has a really great track record of doing everything possible to take money away from Canadians. It includes this announcement and the SNC-Lavalin scandal and things like the carbon tax, which will never reduce greenhouse gas emissions, as well as giving opportunities to wealthy companies that have lobbyists.

I believe in the economy. I believe that we should create an opportunity for companies to thrive. What I do not believe is that the government should be using tax dollars to pay for fridges for a company that has done three things that I will describe.

First, it makes hundreds of millions of dollars of net profit every year. It made about $3 billion in net revenue and $800 million in net profit last year. It is doing okay. I think can afford a few fridges.

Then this company was involved for years in a price-fixing scheme on bread that by all accounts impacted poor people in Canada the most.

Also, early last year, reports broke that this company was involved in a fight with the Canada Revenue Agency over $400 million in claims over a bogus offshore account. That was a CBC headline.

What was the minister thinking? I know what she was thinking. I would like to chalk it up to incompetence, but when we look at SNC-Lavalin and this announcement, it is not as if she signed this accidentally. It was not, “Oh, no; I accidentally signed this.” She scheduled a funding announcement for it. She took pictures with somebody.

When I talked about this issue yesterday, somebody named Amanda from Lundar, Manitoba, wrote to my office to say that the dairy cooler in the family grocery store she owns in her community had broken and that she cannot afford to replace it. She said she just cannot afford it. She asked why the government is so out of touch that it thinks the right thing to do is to give $12 million to a big company that makes hundreds of millions of dollars and then increase her taxes to pay for it. That shows how out of touch the government is.

The government has no desire to fix the environment. It is like the Prime Minister saying he is a feminist. Now he is saying he is fixing the environment, but he is finding ways to give money to Loblaws.

Loblaws should be concerned. Loblaws should know better. In terms of any brand credit that Loblaws gets from this, I know the company is managing profit and loss for their shareholders, but did the board members think this was a good idea? Come on. There is $12 million for new freezers when that company made $800 million in profit. Why should Amanda have to go without a dairy freezer—

[The Deputy Speaker, Bruce Stanton]

I see the hon. member for Yukon rising on a point of order.

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, I know you are very liberal in your interpretation of relevance, but the member has been talking for many minutes about a freezer in southern Canada when this bill is about the mess that the Conservatives created in the Northwest Territories. Perhaps she could actually refer to the act.

[The Deputy Speaker, Bruce Stanton]

I thank the hon. member for Yukon for his attention to the relevance rule.

As he mentioned, this is something on which chair occupants generally provide members a degree of latitude and liberty. I have been listening to the hon. member for Calgary Nose Hill and noted her reference and comparisons early on. I am sure that with less than a minute and a half remaining, she will bring her speech back in line with the subject before the House. I did not note any particular concerns with relevance, broadly speaking.

The hon. member for Calgary Nose Hill.