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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 / 5:35 p.m.

Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, I appreciate the member's support of our first nations, particularly the battle we have had for over a decade in trying to prevent drilling in the Arctic National Wildlife Refuge.

She mentioned that we are taking back a law that was unfortunate or wrong, but I would say it was illegal, because land claims agreements are constitutionally protected. A law cannot be passed that retracts a constitutionally protected item.

There was a parallel exercise that happened in Yukon on the environmental assessment process. There they once again tried to make a change that was not in line with the spirit or the law of the constitutionally protected land claims, on which the member supported us. We have retracted that change and gone back to the spirit of the agreement and the letter of the law that was originally contemplated in 30 years of negotiation.

Mackenzie Valley Resource Management ActGovernment Orders

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

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, absolutely, my language was too tepid. It is unusual, but that is the case. What happened under the previous Parliament was unconstitutional.

In regard to fighting together to protect the Arctic National Wildlife Refuge, the hon. member said it has been a decade. I hate to correct the hon. member's math, but when I could not remember exactly what year I was in Washington, D.C., with the hon. member, fighting to protect the Arctic National Wildlife Refuge, I made a quick reference to Google, and I found it was 2002. I remember I took my daughter and a young Gwich'in lad to see the opening of Harry Potter and the Chamber of Secrets.

It was in 2002 that the hon. member and I were together in Washington, D.C., and I want to pay tribute to him, because I know that all those trips to Washington were beyond his parliamentary budget. He paid his own way to go to Washington to work as hard as we could, and now we have to redouble efforts because the Trump administration once again wants to lift protection and allow drilling in the calving grounds of the Porcupine caribou, which are essential to the Gwich'in way of life.

Mackenzie Valley Resource Management ActGovernment Orders

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

The Deputy Speaker Bruce Stanton

I will let the hon. Parliamentary Secretary to the Minister of Families, Children and Social Development know that there are only about five minutes remaining in the time for debate on the question that is before the House. I will give him the usual signal.

The hon. Parliamentary Secretary to the Minister of Families, Children and Social Development.

Mackenzie Valley Resource Management ActGovernment Orders

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

Spadina—Fort York Ontario

Liberal

Adam Vaughan LiberalParliamentary Secretary to the Minister of Families

Mr. Speaker, I would like to rise today to speak in support of the bill, but first I would like to share my recollections about visits to the Northwest Territories with the member who has spoken several times today so eloquently about the territories and the need for self-determination, in particular for the rights of indigenous peoples to be respected not just on this issue but on a broad range of issues.

In having the honour to go from community to community, to sit down with leadership in the indigenous communities in Behchoko and Yellowknife, to talk with families that are working in the resource sector and to talk to the Government of the Northwest Territories and the municipal leadership there, one thing becomes abundantly clear. Southerners who go north should go there to listen, and if they do, what they start to understand is that the importance that is placed not just on self-determination but on self-determination that respects the modern treaties and respects indigenous communities of the north is fundamental to making sure the progress that happens up there benefits the people who will not only be subject to the changes but also should be the main beneficiaries of whatever changes occur up there.

As we look at the agreement that was put in place, what we are building on is a flawed law that was passed in the previous session, which the Supreme Court struck down. I lost track of the number of laws that the previous government passed that did not make it through the Supreme Court. I think it was eight but it might have been nine. I am sure someone on the other side can correct me if there is a former AG over there, but the reality is that not obeying the law is something that the previous government set a high watermark on.

In the delay to obeying the law and the delay to writing good legislation and in not listening to the opposition as corrections were offered, the development of natural resources in the north was set back, but more importantly, the advancement of self-determination was set back. There are lessons to be learned in terms of how we proceed in the House and how we move with the Northwest Territories, with Yukon, with Nunavut, to make sure that the aspirations and the opportunities in the north are developed in a good way and a sound way.

One of the most important parts of this is that it is consistent with UNDRIP. One of the members opposite talked about why UNDRIP is not referenced in the body of the legislation. This is being asked in several other areas of legislation. UNDRIP has not cleared the other place yet. It has not received royal assent in terms of ratification and as a result we cannot reference a piece of legislation that technically does not exist yet because our system has not yet stamped it into law.

What we heard from representatives from the territories talking about this landmark piece of legislation is that it is consistent with the spirit of UNDRIP and it brings to bear those very principles as we take a look at how resources need to be developed carefully, but more importantly how water needs to be protected and most importantly, how traditional knowledge will be used to preserve and project a stronger future in the north.

The other thing that we need to come to terms with is the value of traditional knowledge. I was talking with one of the Arctic Rangers on a trip that I made to Iqaluit and he came from a part of the country that was even farther north than the maps of Canada often show. He talked to me about what is happening to snow and ice in the far north and how as exploration parties go up there to deliver everything from housing to roads to resources and to take a look at resource development, traditional knowledge is defining what is safe and what is not. Often safety is delivered not by someone from the geographic society but from elders who have passed on their knowledge as to what constitutes safe and unsafe passageway.

The bill recognizes the value of traditional knowledge and understands the value of engaging with all forms of scientific exploration and experience. That, too, is one of the reasons it is consistent with UNDRIP and is a good piece of legislation to be supported.

The most important part of this is that it allows the north to put a stamp of self-determination on its resource projects. It can look at the impact environmentally. It can look at the impact economically. It can look at the impact socially and it can make sure that the profitability of these projects is sustained in the north in a way that delivers sustainable, permanent, social transformation to one of the areas in this country that has the largest economic challenges facing any individual who resides in this country from coast to coast to coast.

This, in and of itself, is reason enough to support the bill, because it changes the nature of the conversation and the formula of the economics in the north to make sure that the process is a strong one.

We are also seeing that leadership from the indigenous communities and from the Government of the Northwest Territories have come to a consensus on how to move forward in a good way. As legislatures, when we see consensus emerge from outside the House and arms link in common cause, our job is not so much to legislate that into reality but to create legislation that dignifies, recognizes and supports that reality.

Another thing has been achieved here as well. Although we often have to lay our legislation onto existing circumstances, in this particular piece of legislation, existing rights holders have been recognized and brought into the legislation in a way that is consistent with not only good resource development but good environmental stewardship and truth and reconciliation.

For those reasons, I will be supporting the legislation and will be forever sad that I will not get to answer questions from the opposition.

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 5:45 p.m.

The Deputy Speaker Bruce Stanton

It being 5:45 p.m., pursuant to order made earlier today, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the second reading stage of the bill now before the House.

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 5:45 p.m.

Some hon. members

Agreed.

No.

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 5:45 p.m.

The Deputy Speaker Bruce Stanton

All those in favour of the motion will please say yea.

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 5:45 p.m.

Some hon. members

Yea.

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 5:45 p.m.

The Deputy Speaker Bruce Stanton

All those opposed will please say nay.

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 5:45 p.m.

Some hon. members

Nay.

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 5:45 p.m.

The Deputy Speaker Bruce Stanton

In my opinion the yeas have it.

And five or more members having risen:

Call in the members.

(The House divided on the motion, which was agreed to on the following division:)

Vote #1288

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 6:25 p.m.

The Speaker Geoff Regan

I declare the motion carried. Accordingly, the bill stands referred to the Standing Committee on Indigenous and Northern Affairs.

(Bill read the second time and referred to a committee)