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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

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 4:55 p.m.

Liberal

Dan Vandal Liberal Saint Boniface—Saint Vital, MB

Madam Speaker, I was very proud to stand in this chamber, as I believe all members on this side of the House were, to support UNDRIP, the United Nations Declaration on the Rights of Indigenous Peoples. We studied it at committee. I was proud to support it there, as well as on the floor of this chamber, and we now await ratification in the Senate.

What this would do is wholly supportive of UNDRIP. What is most important to this government is reconciliation with indigenous peoples. We have had to clean up after the previous government. This bill strikes the right balance between the economy, the environment and respecting the rights of the indigenous peoples of that territory.

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 4:55 p.m.

Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Madam Speaker, it is my turn to rise in the House to speak to 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, at second reading. This bill was introduced by the Minister of Intergovernmental and Northern Affairs and Internal Trade on November 8, 2018.

Before I begin, I would like to say that I have never had the opportunity to visit these northern territories, but I have made two trips to Nunavik, in Quebec's far north. Once someone goes to these areas and speaks with the people who live in Canada's far north, they gain a completely different view, a different perspective, of northerners' potential and desire for self-determination, their desire to take charge of their land. During my two visits, I felt that the people in this area truly wanted to look after their own affairs and contribute to Canada's social and economic development in their own way. They want to be a part of this great big country that we share.

The bill consists of two parts. Part 1 amends the Mackenzie Valley Resource Management Act. It repeals the provisions that would consolidate the Mackenzie Valley land and water boards into a single board. Those provisions were introduced by the previous Conservative government in Bill C-15. Part 2 amends the Canada Petroleum Resources Act to allow the Governor in Council to issue orders to prohibit oil and gas activities, freeze the terms of existing licences and prevent them from expiring during a moratorium, if it is in the national interest to do so.

Part 1 undoes what the Conservatives did, and part 2 announces that the Liberal government is going to make things worse. That is what I get from Bill C-88. Overall, what I get from Bill C-88 is that it is a Liberal anti-energy policy that will drive even more energy investments out of Canada. It will cost Canadian workers their jobs, and that certainly will not help improve the quality of life of residents of northern Canada. Bill C-88 reveals a full rejection of calls from elected territorial leaders for increased control of their natural resources.

The previous government believed the north would be a key economic driver for decades to come. Other Arctic nations, such as China and Russia, are exploring similar opportunities. Unfortunately, the Liberal government decided to take a different tack.

I was mayor of Thetford Mines for seven years. My community has grappled with major problems. It was an asbestos mining community where companies dug up white gold, as it was known then, for years. We see asbestos in an entirely different light now. For years, we were exploited by outsiders who came into our community and left nothing but deep scars, from mountains of tailings to infrastructure that still mars the landscape. We wish we had had a say in all of those projects. We wish we could have played a role and worked with the people who operated the mines. We could have influenced how it was done, and we definitely could have told them where to put the massive piles of tailings, how to dispose of it all, and how to improve our people's quality of life.

In some territories, when one is elected to represent a community, the more control that territory has over its own affairs, the more one can contribute, the more decisions are made at the local level, and the more one understands the impact of decisions. Unfortunately, in this case, just before Christmas 2016, the Liberal government cavalierly decided to force the territories to do things its way.

During a trip to Washington, the Prime Minister took the opportunity to announce a moratorium. There was no consultation with people in the north, despite the same old tune from the Liberals that consultation is important. Despite the countless consultations that were held in this case, the Liberal government did not feel obliged to consult the people of the north. The decision was made unilaterally by the Prime Minister's Office. Then we learn that the leaders of these territories were informed just one hour before the government announced important changes that would affect them.

I will quote the leaders of the affected communities. The Premier of the Northwest Territories published a red alert for a national emergency debate on the future of the Northwest Territories. He said that the promises of the north are fading and the dreams of northerners are dying as we watch a resurgence of colonialism. Whether we are talking about ill-conceived ways to fund social programs or new, disconcerting restrictions on their economic development, he says, their spirit and energy are being eroded.

Then, he said that staying in the middle class or trying to join it is becoming a distant dream for many. He says that means that northerners, through their democratically elected government, have to have the power to determine their own destiny and that we can no longer allow the bureaucrats and governments in Ottawa to make the decisions. He says that decisions concerning the north have to be made in the north. He says that unilateral decisions made by the federal government without consultation to impose a moratorium on offshore oil and gas development in the Arctic is just an example of how their economic self-determination is thwarted in Ottawa.

The Premier of the Northwest Territories was rather quick to respond.

In an interview on national television on December 22, 2016, another premier, the Premier of Nunavut, said that they want to get to a point where they can make their own determination of their priorities, and the way to do that, he said, is by gaining meaningful revenue from resource development. Meanwhile, when one potential revenue source is taken off the table, it puts them back at practically square one, where Ottawa will make the decisions for them.

Those statements are rather clear. These are not extremists who wanted to attack the government. They just wanted to be consulted on important decisions related to natural resource development on their lands. It is important to hear those messages and act accordingly. When the government is making these kinds of decisions, it is even more important to avoid concentrating too much power within one office, in other words, the Prime Minister's Office. This helps ensure that decisions are not made for purely political reasons. That is unfortunately what happens when the PMO is given so much decision-making power that a moratorium can be imposed without having to consult.

On October 22, 2018, the mayor of Tuktoyaktuk said the following to the Standing Committee on Indigenous and Northern Affairs:

I was talking to [the Liberal member for the Northwest Territories], and he said, “Yes, Merven, we should be doing something. We should be helping you guys.”

I agree 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.

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...[We don't just want to sell] trinkets and T-shirts and that kind of stuff.

Those messages are clear. I hope that the government will listen to elected officials from these territories and reconsider Bill C-88.

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 5:05 p.m.

Liberal

Michael McLeod Liberal Northwest Territories, NT

Madam Speaker, while I can appreciate that the member has never been in the north, he seems to say quite a bit about this legislation, which has been worked on for many years. Some of the work started during the days when the Conservative government was in power. Therefore, a lot of the pieces in the bill were started many years ago.

I have been hearing quite a bit from the indigenous governments in my riding. They want the bill to move forward. I have also been contacted, probably on a monthly basis, by the Government of the Northwest Territories. The premier's office is saying that it wants it to move forward. We need the bill to move forward so we can get on with dealing with the issues challenging us in the Northwest Territories, especially in the area of devolution.

The indigenous governments and the Northwest Territories are in a position to negotiate land claims and issues of compensation. It is also moving forward on discussions of self-government. It is able to share in resource royalties. It holds 50% of the seats in the regulatory process. That will also help it move forward on many of the areas that were left hanging from the time the last government was in place.

I want to ask the member this. Could he tell me why he will not support the bill? It supports decision-making being done in the north and he has raised that as an issue. Will he support the bill since it would help the people in the north and the indigenous governments make the decisions that impact them in the Northwest Territories?

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 5:05 p.m.

Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Madam Speaker, I appreciate my colleague's question.

I think that everyone involved should have a say on the future of their territory and on natural resource development. Bill C-88 calls for exactly that; it would let those involved decide.

However, in Bill C-88, some decisions are already made without consultation with these same governments and are inconsistent with what they want. This is what we want to avoid.

The government cannot do things and then say it will consult these governments for everything else. Unfortunately this is what happened with Bill C-88. This is unfortunate and is why we cannot agree with or adopt a bill like this. In retrospect, it is easy to support something when you have not been consulted and then pick up the pieces afterwards.

This is quite unfortunate for elected officials in these territories, which is why we will stand with them on this matter.

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 5:10 p.m.

Liberal

Larry Bagnell Liberal Yukon, YT

Madam Speaker, I congratulate the member for Northwest Territories. He has worked so hard to get the bill forward for his people, or as the Conservatives say, “the local people”, who really want the bill.

I would like to ask the hon. member this. He is the second Conservative member who I heard say that he wants the decisions to be made by the local people. The vote on this bill is a decision that the local people want. The governments that it would affect are the Tlicho government, the Sahtu government, the Vuntut Gwitchin government and the GNWT. As the previous Liberal colleague from NWT mentioned, those governments were consulted extensively on the bill while it was being created. The member wanted the decision to be made by local people. The bill is totally about that. All of the local governments want the bill. Therefore, I assume the member would support it.

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 5:10 p.m.

The Assistant Deputy Speaker Carol Hughes

The member for Mégantic—L'Érable for a short answer.

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 5:10 p.m.

Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Madam Speaker, it is difficult to give short answers because this is an extremely important issue that concerns the elected officials of the area.

When a bill seeks “to allow the Governor in Council” to issue orders, if in the national interest, to prohibit oil and gas operations, I find that this diminishes the legitimacy of local elected officials. We are fighting against the spirit of the bill that strips local officials of the ability to make decisions regarding their own lands.

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 5:10 p.m.

Liberal

William Amos Liberal Pontiac, QC

Madam Speaker, I am very pleased to rise today in support of a bill that would make a positive difference in the relationship between indigenous peoples and the Crown. In starting my speech, I acknowledge that I stand here on traditional unceded Algonquin territory.

Today we are holding a second reading debate on Bill C-88, an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act. I will use the time allotted to me to speak about the amendments to both of these and to speak a bit about the issue of Arctic offshore oil exploration.

First, I want to start with some context around the Mackenzie Valley. To understand the mess that we are fixing right now, one has to rewind the clock, back to the 1970s.

In 1974, the federal government, under the Right Hon. Pierre Elliott Trudeau, appointed Justice Thomas Berger of the Supreme Court of British Columbia to hold hearings into a proposed natural gas pipeline down the Mackenzie Valley.

At that time, the Dene and the Inuvialuit were asserting their claims to these traditional lands. The Berger Inquiry broke with tradition by hearing evidence, offered not merely by the pipeline companies but also by residents in more than 30 small communities in the Northwest Territories.

The Berger Inquiry heard from over 1,000 indigenous people in seven languages and over 500 southern voices were there as well to give their opinions. The process was groundbreaking. The federal government funded research by indigenous, environmental and community groups. Justice Berger enabled media participation that brought Canadians from far and wide, from coast to coast to coast, into the proceeding.

In May 1977, Berger recommended that, for environmental reasons, no pipeline should ever be built along the northern coastal plains. Although Berger concluded that an environmentally sound pipeline could be built through the Mackenzie Valley, he urged a 10-year moratorium on pipeline construction in the region to allow time to settle indigenous land claims. Ottawa, the federal government, endorsed his recommendations.

This concluded in the delaying of any construction on the pipeline in the Mackenzie Valley and was seen as a turning point in indigenous Canadian relations. In amassing over 40,000 pages of documentation, it also provided a unique and comprehensive window into the Dene and Inuvialuit political resurgence of the 1970s. There would be no turning back on consultations with indigenous people after this inquiry; the precedent was set.

Public sympathy and interest in both indigenous and environmental concerns were heightened as a result of the Berger Inquiry. It was a watershed event for reconciliation. It allowed first nations to speak about their history, their issues related to the land, their culture and the impacts that the southern man's projects would have on their communities.

What we have learned from the Berger Inquiry of the 1970s is that when we consult with indigenous people, we take a first step toward our commitment to reconciliation. We learned lessons that ultimately led to regional land claims agreements and the Mackenzie Valley Resource Management Act of 1998.

The 1998 Mackenzie Valley Resource Management Act put in place an integrated system for the co-management of the land and waters in the Mackenzie Valley in the Northwest Territories. This act established two boards with jurisdiction over the entire valley, namely the Mackenzie Valley Land and Water Board and the Mackenzie Valley Environmental Impact Review Board.

Three regional land and water boards were created for the Gwich'in settlement area, the Sahtu settlement area and the Tlicho settlement area, pursuant to the Gwich'in, the Sahtu Dene and Metis and the Tlicho land claim agreements, which conferred on these boards the responsibility for issuing land use permits and water licensing.

Fast forward to 2014, when the Harper administration passed the Northwest Territories Devolution Act, it consolidated four indigenous regulatory boards into one, without their agreement, and in so doing, stifled the voices of indigenous people. It flew in the face of lessons learned through the Berger Inquiry, where we learned of the importance of indigenous people's voices, of incorporating indigenous communities in governance processes.

That is why our government's bill, Bill C-88, is so important. We are fixing the mess of the Harper administration.

The Northwest Territories Devolution Act, the infamous Bill C-15 introduced by the Harper government, transferred land and water management to the Government of the Northwest Territories and amended three existing acts, including the Mackenzie Valley Resource Management Act. It included the restructuring of the land and water boards and the elimination of regional boards.

The Tlicho government was totally against those changes and filed a statement of claim before the Supreme Court of the Northwest Territories, stating that the Harper government had no right to unilaterally abolish the Wek'èezhìi Land and Water Board because such action would go against its land claims agreement and right to self-government. It added that consultation had been inadequate and that the act violated constitutional promises made to that first nation.

The Tlicho government and Sahtu Secretariat Incorporated sought injunctions in July 2014 and February 2015 respectively in order to maintain their respective water boards until the major issues in their statements could be resolved.

I will cite the court decision on the injunction, because it is just so damning and clearly indicates why we had to come and clean up the mess. It says:

The Tlicho government has raised a reasonable possibility that Canada has overstepped the bounds of what it is permitted to do under the Tlicho Agreement. ...there is a reasonable likelihood the Tlicho Government will suffer...irreparable losses...as a result of a breach of a constitutionally protected right. ...irreparable harm could result from the breach of a constitutionally protected right. This is particularly so where the legislation...will have the effect of dismantling and disrupting existing infrastructure which will then have to be rebuilt.

The court granted an injunction suspending the application of subsection 253(2) of the Northwest Territories Devolution Act, which would have brought into effect the provisions related to the restructuring and other regulatory amendments.

In November 2015, the newly appointed Minister of Indigenous and Northern Affairs, the Minister of Crown-Indigenous Relations, began discussions with indigenous organizations and governments in the Northwest Territories in order to make the legislative changes needed to resolve this issue. The amendments to the Mackenzie Valley Resource Management Act are the result of those discussions and discussions with other regional stakeholders.

We have learned from the past that an effective regulatory body and thorough consultation processes are necessary to consider the needs of those directly impacted by these projects. Transparent and thorough consultation also promotes sound decision-making, and it ultimately will help create better projects that will deliver more benefits to regional communities and to the workers.

This is why Bill C-88 seeks to consult with rights holders and northern indigenous governments when it comes to oil and gas projects in the northern offshore, by making consequential amendments to the Canada Petroleum Resources Act, or CPRA.

I will provide some context on the history of Canada's Arctic offshore oil and gas issue. Oil spills in offshore regions across the world have underlined the importance of a precautionary approach when operating in fragile marine ecological environments. The BP blowout in the Gulf of Mexico put Canada on alert, and Arctic offshore as a possibility was, and still is, seen in that light. We are aware of the vulnerabilities of any marine ecosystem to a potential blowout, and this is especially true for the unique and fragile marine ecology of the Beaufort Sea.

Canadians can be proud that our Liberal government collaborated with the Obama administration to establish a moratorium on Arctic offshore drilling and the issuance of more licences on the basis of the precautionary principle and of science and traditional knowledge.

We know that oil and gas exploration has been part of the northwest economy for many years, so much so that it is part of the 1984 Inuvialuit Final Agreement and the 1993 Nunavut Land Claims Agreement. However, at the same time, we know that northerners and southerners, indigenous and non-indigenous peoples, and all Canadians can agree that a catastrophic blowout in the deep water of the Beaufort Sea could cripple the Inuvialuit way of living and their future prospects. This is another reason this bill is important.

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 5:20 p.m.

Liberal

Michael McLeod Liberal Northwest Territories, NT

Madam Speaker, the member provided lot of information. The indigenous governments in the Northwest Territories have all done a lot of work in moving toward land claims and self-governance. Many have signed agreements, expecting the Government of Canada to honour its portion of the agreements. Throughout the Conservative government, that did not happen. We even had the Auditor General's report, which said the government was not meeting its obligations.

On the section that governed the creation of land and water boards in each region, we saw the previous government step in and create one board that would be a superboard to cover all aspects of what we were doing, even though that breached the agreement.

We also saw the fiscal portion of the land claim agreements breached by a new policy that came in. The Harper government said that was what we were going to follow, regardless of what was in the land claim agreement.

I find it ironic that the Conservatives are saying this is not in the best interests of the people in the Northwest Territories, when they were the ones who refused to include the Beaufort Sea in the negotiations. That was hands-off. We could not even talk about it. I know, because I sat in the seat for the Northwest Territories in that government. We also could not include the royalties coming out of Norman Wells. Those things were left off the table. Now we are hearing that we are doing something wrong by letting the people of the Northwest Territories make decisions.

I want to ask the member whether he feel it is fair. The previous government created this really large confusion over this, to the point where it came to a standstill. Now that we have the indigenous governments of the Northwest Territories telling us they want to move forward, is it fair for the Conservatives to say we are doing something wrong?

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 5:20 p.m.

Liberal

William Amos Liberal Pontiac, QC

Madam Speaker, through you I will respond to my learned colleague. I appreciate these words, because they come from such a place of experience. Absolutely, I think northerners from the Mackenzie Valley have every right to be offended by the actions of the previous government. The Conservative members continue to articulate it to this day in debates in this House, treating land claims agreements as though they are red tape or something to be cut up and put in the paper recycling bin. It makes no sense. It is offensive to any Canadian who holds indigenous rights and the constitutional protections of those indigenous rights to heart.

At the end of the day, it now falls to our government to respect those agreements that were made and the history of the indigenous people from that region.

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 5:25 p.m.

Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Madam Speaker, I have the same question again. The member talked about respecting indigenous rights and the rights of the people in the area to make decisions. We now know that part 2 amends 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. That is in no other piece of environmental legislation, and it was not done either in consultation with the territories and indigenous communities or in Parliament. It is an order in council allowing the executive branch to take on powers it has never assumed before.

Therefore, how can he argue on the one hand about respecting and on the other hand say it is perfectly fine when it suits the government's interest to arbitrarily impose something like a moratorium?

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 5:25 p.m.

Liberal

William Amos Liberal Pontiac, QC

Madam Speaker, we are talking about a time-bound moratorium that is premised on traditional knowledge and science in a precautionary manner, to ensure we have a complete understanding of what further offshore drilling would entail, in particular where we are talking about deepwater offshore drilling. This will allow for the scientific and traditional baseline knowledge necessary to ensure we can discuss whether or not there is an actual bulletproof spill cleanup plan to account for a blowout that could occur under winter ice.

This was a crucial issue that was raised when I attended the Arctic offshore drilling review in Inuvik back in 2011. Many people up north were very concerned about that eventuality. This moratorium enables the right knowledge to be gathered prior to making decisions.

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 5:25 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I am pleased to have an opportunity to speak to Bill C-88. Despite the use of time allocation, I appreciate that the Leader of the Government in the House of Commons earlier today said she would make efforts to give me a chance to speak and has done so. Even with abbreviated debate, I am therefore able to speak to this legislation.

I am also able to speak to what happened to this legislation when the Northwest Territories Devolution Act was brought forward in the 41st Parliament in 2014. It was something everyone wanted to support, but there were many measures with that act that were offensive to the foundational principles of self-government and respect for treaties.

In fact, the Mackenzie Valley Land and Water Board, the Gwich'in Land and Water Board, the Sahtu Land and Water Board and the Wek’eezhii Tlicho Land and Water Board, all of which were the result of treaty negotiations between the Crown and those nations, were callously, carelessly, disrespectfully and completely violated with the notion that we could replace them with something described as more efficient.

I protested those changes at the time, as did the previous NDP member of Parliament for the Northwest Territories, Dennis Bevington. We tried quite hard to persuade the 41st Parliament that it was wrong to change the law in this way.

Subsequent to the changes being made, a number of the boards that were impacted went to court to challenge what had just happened. The notion of a superboard was deeply offensive to the principle that had been there, which was that the land and water boards represented fifty-fifty decision-making between first nations and the federal government. It would have reduced the self-government that the Northwest Territories Devolution Act was supposed to respect. It would have taken away rights and reduced the scope of review by those various boards.

Earlier today in debate I heard a Conservative member say that Bill C-88 was another effort by the Liberal government to interfere with development, to thwart development and to drive investment away from Canada.

I am saddened by that kind of commentary. I agree with a number of criticisms of the Liberal government. There are a lot of measures being taken that I find far short of what is required, particularly when looking at the climate crisis, and far short of what is required when looking at the need for thorough environmental assessment. There was a commitment in the election to undo the damage that had been done by the Harper administration in a number of areas, and so far the Liberal government has done really well in some areas and less well in others.

It did extremely well in undoing discriminatory legislation towards trade unions, and that was done relatively quickly by the former member of cabinet responsible for labour issues.

The Liberal government did an extremely good job on a piece of legislation that is still before the Senate, Bill C-68, to repair the Fisheries Act. Bill C-68 not only repairs the damage that was done by the previous prime minister and his government and not only brings back protections for fish habitat. It also expands and improves other protections for habitat. It is an extremely important piece of legislation and I hope it passes quickly.

It is also complementary to a piece of legislation that I hope will be passed here. Earlier today in the House, the hon. member for Avalon, the chair of the fisheries committee, presented the report, and Bill S-203 is now back before the House. I hope we move to report stage and third reading expeditiously.

Bill C-68, which I am referencing, is also complementary in saying that we are now going to ban the taking of cetaceans into captivity in Canadian waters.

Again, all of these bills speak to undoing the damage done by the previous government, but Bill C-68 goes beyond that with more progressive measures.

Unfortunately, Bill C-69 is also before the Senate. I hope it will be amended and sent back here quickly. The Minister of Transport did an excellent job of repairing the former Navigable Waters Protection Act. There are some innovative changes to energy regulations. Unfortunately, the middle piece of legislation in that omnibus bill, the one on environmental review, does not undo the damage of the previous government, but rather keeps it in place.

However, this legislation is excellent in that it would actually undo the damage the previous government had done. It would set back in place the integrity of self-government, of decisions for land and water boards that reflect the negotiations under self-government agreements and treaties. Now that we are debating this bill at second reading, I would certainly like to see this bill in committee so that it could receive one or two additional amendments.

As was mentioned on the floor of the House earlier today when we started second reading debate of Bill C-88, given the content, the context and the need to take a step further and be more progressive than merely repairing, we should say that this bill operates under the United Nations Declaration on the Rights of Indigenous Peoples. That would be a very welcome amendment and, assuming this bill gets to committee and we are in a position to put forward amendments during clause-by-clause consideration, it is one that the committee can expect to hear from the Green Party.

I certainly support this bill, including the provisions to allow moratoria on drilling to affect such decisions based on evidence. I do hope the bill passes. I would like to see it pass with an amendment to ensure that it operates under the terms of the United Nations Declaration on the Rights of Indigenous Peoples.

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 5:30 p.m.

Liberal

Michael McLeod Liberal Northwest Territories, NT

Mr. Speaker, I appreciate the member's history on this bill and the whole devolution process that happened in the Northwest Territories.

I still think the devolution process has a long way to go. As I mentioned earlier, there are certain parts of the Northwest Territories that were off the table during discussions for devolving responsibility. They included the Norman Wells oil fields and the Beaufort Sea. The regulatory process in the Northwest Territories is a model that the rest of this country could compare notes on to see how well it works when it comes to the inclusion of indigenous people. It is also high time that we start looking at the work that is being done on traditional knowledge and the scientific research that is being done on the Beaufort Sea. We also need to start looking the devolution of responsibility for decision-making on the Beaufort Sea to the Government of the Northwest Territories, along with the indigenous government.

I would ask the member to give her view on turning over all responsibilities to the people of the Northwest Territories.

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 5:35 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I agree with the hon. member that the process of devolution is incomplete. People in the north should have the decision-making responsibility over their resources, lands and waters. This is behind the principle of devolution, and to the extent that specific areas are excluded, that is an error and should be corrected.

We want to ensure that discussions in the territories represent the concerns of the specific first nations mentioned in this legislation, but much of the territory around our circumpolar north is under the jurisdiction of the Inuit. We need to pay attention to that.

We also need to make sure, as the hon. member mentioned, that we respect and engage indigenous knowledge and science. It is particularly compelling that we do so in the context of a climate crisis in which we know that the warming in Canada's Arctic is occurring three times faster than the warming on the rest of the planet. We have known for quite a while that it was the Inuit and the peoples of the north who raised the alarm that sea ice is changing, that hunting is more difficult and that a way of life is basically at risk. Therefore, the more we consult and the more decision-making is led by northerners, the better our decision-making will be.