:
Madam Speaker, I know our friends to the south consider us to be the north, but it is a real pleasure today to speak about the actual north. That said, We, the North.
I am thankful for this opportunity to speak once again before the House on Bill .
To begin, I want to acknowledge that we meet here today on the traditional territory of the Algonquin people.
I am appearing before this House on behalf of my hon. colleague, the . Our thoughts and well wishes are with him during this difficult time. I know we all wish him a speedy recovery and look forward to having him back in the role that he did so well, advocating for northerners and northern issues.
Bill proposes to amend both the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act.
In terms of the MVRMA, the bill was focused on repealing the previous government's decision, through Bill , to arbitrarily merge four land and water boards in the Mackenzie Valley into one superboard. This decision violated constitutionally protected indigenous land claim and self-government agreements. The bill also seeks to reintroduce a number of positive changes introduced by the previous government through Bill , which have not been implemented because of a court-imposed injunction focused on stopping the imposition of this so-called superboard.
The MVRMA includes four land and water boards in the Mackenzie Valley, which are central to comprehensive land claim and self-government agreements of several local indigenous governments and organizations. It creates an integrated co-management regime for lands and waters in the Mackenzie Valley and provides legal certainty for resource development investors in the area.
As this House will recall, Bill was passed by the previous government in 2014. Among other changes, it merged the Mackenzie Valley land and water boards into one single entity. The legislation was immediately challenged in court, alleging among other things that it violated indigenous land claim and self-government agreements.
In early 2015, the Supreme Court of the Northwest Territories granted an injunction that suspended the proposed board restructuring, along with other positive regulatory amendments included in Bill . Rather than improving the regulatory process for the Mackenzie Valley and enhancing legal certainty for proponents and investors, among others, the previous government's approach landed these MVRMA regulatory reforms in Bill into court.
Our government believes that a sustainably developed resource sector is essential to the success of the Canadian economy and, if we get it right, will serve as an important foundation and example for future economic and job growth. Unlocking this economic potential must be contingent on environmental sustainability and on impacted indigenous communities being engaged as equal partners. The current situation is untenable as it creates legal uncertainty, and the positive regulatory changes are now tied up in court.
In November 2015, discussions with indigenous organizations and governments in the Northwest Territories began about the government moving forward with legislative amendments to resolve this matter. Bill has been developed through consultation with indigenous governments and organizations, most notably the Government of the Northwest Territories, industry and resource co-management boards. This bill will resolve the litigation regarding the restructuring of the boards and reintroduces the positive policy elements of Bill that are currently prevented from coming into force by the said injunction. It will re-establish trust with indigenous partners in the Northwest Territories, respect their constitutionally protected land claim and self-government agreements and restore legal certainty for responsible resource development.
As David Wright, legal council for the Gwich'in Tribal Council, stated before the indigenous and northern affairs committee:
[T]he consultation process on Bill C-88 has actually helped restore some of the trust between Canada and the [Gwich'in Tribal Council]. That trust would be eroded by any further delay, or at worst, failure to pass this bill in a timely manner.
The Tlicho government and the Government of the Northwest Territories have also clearly expressed their support for the passage of this bill, stating that the negative implications of the status quo are significant.
In terms of the CPRA, Bill proposes to provide new criteria for the Governor in Council to prohibit existing exploration licence-holders and significant discovery licence-holders from carrying out any oil and gas activities in the case of the national interest. It would also freeze the terms of the existing licences in the Arctic offshore for the duration of any such prohibition. This is exceedingly important for industry.
The term “national interest” refers to a country's national goals and ambitions, whether economic, military or cultural, and it is not a new legislative concept. There are numerous references to the national interest in Canadian legislation and specifically in this case in northern legislation. For example, the term appears in section 51 of the Yukon Act and in section 57 of the Northwest Territories Act. The decision to move forward with a moratorium on new Arctic offshore oil and gas licences in federal waters was a risk-based decision in light of the potential devastating effects of a spill and limited current science about drilling in that area.
It is important to remember that at that time there was no active drilling occurring in the Beaufort Sea and no realistic plans to initiate drilling in the short or medium term. It was announced in conjunction with a five-year science-based review as well as a consultation on the details of that review. Territories, indigenous and northern communities, our partners in the science-based review process and others, including industry, are being actively consulted. The outcome of the review process will inform next steps in the Arctic offshore.
Freezing the terms of the impacted existing licences in the Arctic offshore was a key priority expressed by industry. We heard that in our discussions regarding the implementation of the moratorium. The proposed amendments to both the MVRMA and the CPRA are essential to ensuring the responsible, sustainable and fair development regime in the Northwest Territories and the Arctic. That is why I urge this House to pass Bill . I look forward to questions from the members.
:
Madam Speaker, it is an honour to stand in the House to speak to this particular bill. Unfortunately, Bill is another anti-energy policy from the Liberal government, which is driving energy investment out of Canada, costing Canadian workers their jobs and increasing poverty rates in the north. Like Bill before it, Bill C-88 politicizes oil and gas extraction by expanding the powers of the cabinet to block economic development and adds to the increasing levels of red tape that proponents must face before they can get shovels in the ground.
Further, Bill reveals a full rejection of calls from elected territorial leaders for increased control of their natural resources. I am deeply concerned that with Bill C-88, the Liberals would entrench into law their ability to continue to arbitrarily and without consultation block oil and gas projects. As witnesses noted in the Standing Committee on Indigenous and Northern Affairs, again we see the Liberal government putting together very different pieces of legislation. Before taking office, they promised to table only legislation that stands alone, and they have run away from that promise altogether.
The former Conservative government viewed the north as a key driver of economic activity for decades to come. Other Arctic nations, including China and Russia, are exploring possibilities. The Liberals, meanwhile, are arbitrarily creating more barriers to economic development in Canada's north, with the Liberal government's top-down and ever-paternalistic action to do nothing to reduce poverty in remote and northern regions of Canada. Northerners face the unique challenges of living in the north with fortitude and resilience. They want jobs and economic opportunities for their families, and they deserve a government that has their back.
Bill is another one in the long list of failed Liberal environmental policies. There are Bill , which will further throttle natural resource development; Bill , the new fisheries act, which will add another layer of complications to all Canadian economic development; Bill , the tanker ban; as well as Bill , the marine protected areas law. Added together, it is a complete dog's breakfast of anti-development legislation.
The natural resource industries are extremely important in this country. Indeed, I am very honoured and proud to represent a natural resource constituency. What do the natural resources consist of in this country? They are energy, forestry, agriculture, mining, commercial fishing, hunting, fishing, trapping and so on. In my riding of Dauphin—Swan River—Neepawa, all of these activities take place in various regions, in all 66,000 square kilometres of my riding, and it sickens and angers me how the workers in the natural resource industries and the people in the communities are continually being attacked by the government, whether it is anti-firearms legislation, Bill or Bill . All of these pieces of legislation collectively add up to a complete throttling of rural communities.
I listened with great humour to the 's comments about the Mackenzie Valley. I cut my teeth as a young fisheries biologist doing environmental impact work in the Mackenzie Valley. I was there in 1971, 1972, 1975 and again in the 1980s. While I would certainly never claim to know as much about the Mackenzie Valley as does the hon. member for , my experience as a biologist has been unique.
Back in the 1970s, when the first environmental impact assessment work was done in the Mackenzie Valley, I was part of teams of biologists who sampled every single waterway in the Mackenzie Valley where the pipeline would cross. We assessed fish and wildlife habitats up and down the valley, and I am one of the few people in this country, apart from the residents of the Mackenzie Valley itself, who have seen, experienced, photographed and measured essentially all of the environmental amenities and characteristics that the Mackenzie Valley has. In addition, I have also visited most communities. It was quite a while ago; nevertheless, I do not think a lot has changed.
The implication from the is that absolutely nothing has been done in the Mackenzie Valley, nothing at all. The work started in the 1970s, with the aforementioned environmental impact assessment that was done and that I was a part of. Those were the years of the Berger commission. The shameful Berger commission held hearing after hearing. That was a time when natural gas and energy prices were fairly high, so much so that Thomas Berger recommended that the project be shelved, which it was, after hundreds of millions of dollars were spent on exploration activities and with much community involvement. I was there. I saw it. I was part of it.
In the 1990s, it was done all over again. The same streams that we sampled in the 1970s were looked at, the same wildlife habitat, the same environmental characteristics were all measured and, again, the same conclusion was reached: no development.
The late 1990s were a time when natural gas prices were something like $15 per 1,000 cubic feet. It made the pipeline economical. Well, along came fracking, and the price of natural gas went down to $3 per 1,000 cubic feet, and in the mid-2000s, the pipeline project was shelved in perpetuity, leaving these communities consigned to poverty.
The Mackenzie Valley is a unique and wonderful place. The soils are rich and the trees are big. It is indeed an anomaly in the north. One does not have to go too far east of the Mackenzie Valley to hit the tundra. There have been experimental farms in the Mackenzie Valley. There was one at Fort Simpson when I was living there. Again, the agricultural and forestry potential is absolutely enormous.
The parliamentary secretary talks about the fragility of the Mackenzie Valley. I doubt he has seen it. All of the world's environments need to be treated with care. However, does he realize that there have been oil wells in Norman Wells since the Second World War? Does he realize that, in 1980, a pipeline was built from Norway House to Zama Lake, Alberta? All of these developments were done without any fanfare, and Norman Wells, producing some of the finest crude oil in the world, has been operating for decades now with little or no environmental impact. People who do not know what they are talking about and do not know about the environment are making laws that consign people in these communities to poverty in perpetuity, and that is absolutely shameful.
In terms of indigenous communities and resource development, one need only look at the Agnico Eagle gold mine at Baker Lake. I hate to break it to my friends opposite, who so object to resource development, but the employment rate in Baker Lake is 100%, thanks to that mining operation.
During the testimony for Bill , I asked Pierre Gratton, the head of The Mining Association of Canada, about the social conditions in communities that operate in the diamond mining area. These are his words, not mine, but I am paraphrasing. He talked about the increase in education levels. Literacy went up; job training went up; and the social conditions improved.
The current government is consigning Canada's north and Canada's northern communities to poverty in perpetuity, and I hope it is happy about it, because I certainly am not. It is shameful what it is doing.
In my time as a biologist, I have seen the evolution of environmental policy, starting in the 1970s. I was not there, but I remember the first Earth Day in 1970, which Maurice Strong organized. Back in the mid-1980s, the Brundtland commission came out with “Our Common Future”, which talked about the concept of sustainable development. Gro Harlem Brundtland was very clear on the concept of sustainable development. She said clearly that sustainable development is not an environment concept; it is a development concept, and it is development in harmony with the environment. However, the current government has seen fit to break that particular compact with the people.
In the 2000s, of course, I also saw the rise of climate science and environmental policy. It is an evolution I have been very fortunate to witness, but what I see now, from the Liberals especially, is that they are phony environmentalists, most of them, apart from the member for , whom I have an enormous amount of respect for. They talk a good game about the environment, but they do not know anything about it. They have never been there. They have never studied it. They do not measure it, and they have no concept of what goes on.
There are two paths in terms of environmental policy. One is with the Liberals and the NDP. For them, environmental policy is all about process, consultation and nothing else. Strategies without results are meaningless. On this side of the House, Conservative environmental policy is focused on real and measurable environmental results. It is no accident that former Conservative prime minister Brian Mulroney was named the greenest prime minister in Canadian history: the acid rain treaty, the Montreal Protocol, the green plan, the pulp and paper effluent regulations. My own previous prime minister, Stephen Harper, connected with that particular legacy.
The track record of Conservative governments is by far the best in terms of measurable results. Environmental assessments should be all about what effect a project would have on the environment, how we mitigate it and how we ensure the project moves ahead with all the attendant benefits that it will develop?
What is really interesting is that those on the Liberal left think modern society is the problem. Those of us on the Conservative side of the House say modern society is the answer.
A group of academics coined an index called the “environmental benefits index”. Basically, it is a graph comparing country income, per capita income in any given country, and environmental quality. It is very clear, if we look at measurable environmental indicators, such as water quality, air quality, amount of protected land, conservation agriculture, the fewest species at risk and on and on, that the wealthy countries have the best environments.
Which party delivers economic growth, economic development through trade, creating a business climate for economic growth? That is only the Conservatives. That is why, under Conservative governments, if one looks at the actual measurable environmental characteristics of Canada, for example, indeed all of the developed nations of the world, they are vastly superior to countries that are run under the stultifying control of excess governments.
We can look, for example, at the Sudbury miracle. What happened there? A few decades ago, a moonscape was around Sudbury. Investments were made in sulfur dioxide removal. Now the forests have all come back. There are still jobs there. The forest and the environment have come back. That is what happens when we have Conservative-style environmentalism. We actually get results.
Let us get back to the Mackenzie Valley. When we were doing our assessments in the Mackenzie Valley, we had aerial photographs. This was back in the days before GPS or any of that kind of stuff. We sat down with aerial photographs in our laps, big huge rolls. We were in the helicopter, following this black line through the Mackenzie Valley. The GEO chemist beside me would take notes, the hydrologist would take notes, and then the helicopters would land in various stream crossing areas, where we knew the pipeline would cross.
All of us scientific types, hopped out and did our various work, such such wildlife habitat and fisheries habitat assessments. I would set my little nets in the pools and see what was there. I have to confess something, I was actually paid to fish back in those days. It is something that a young biologist very much appreciated.
This was back in 1975, the care with which the pipeline was planned, the soil types were measured, the depth of the permafrost was looked at, all that kind of stuff. Even back then, in the dark ages of 1975, we knew darn well that that pipeline could be built and delivered in an environmentally sound way. Indeed, my friend, the natural resources critic would know how many kilometres of pipeline there are in the country, about 30,000 kilometres of pipeline, give or take. However, nobody knows where they are, because they are all cited according to our best environmental practices.
It always bugs me when I hear members opposite, or the NDP members, talk about cleaning up our economy, going green, clean tech and so on. I have a dirty little secret to share with them. All industries in Canada are already clean.
Let me give an example of that. Brian Mulroney, the Conservative PM in 1989, implemented the pulp and paper effluent regulations. They mandated the construction of a waste water treatment plant at every pulp and paper facility. What was once a toxic effluent now became an effluent that people could actually drink. Industry after industry across the country follows those exact same guidelines.
Before I became an MP, I had this pleasure through environmental assessment in the oil sands. I lived at the Denman camp, part of the Kearl project. It is a human tragedy what the Liberals are doing. I had a chance to mix, mingle and make friends with people all across the country of all ages, of all education levels, from tractor drivers to hydrogeochemists and everything in between. They were all fulfilling their dream, making a very good living, helping their families, paying their way through school, buying that first house. The Liberals are destroying that for the families of those good people who work in the oil sands. That is something I will never forgive. It is simply not true that our industries are not clean. They are the cleanest in the world.
Here we are importing oil from Saudi Arabia and Venezuela, leaving aside the social conditions in those countries. We know there are simply no environmental standards in those countries. The government and the NDP willingly import that kind of oil, yet block the exports of Canadian oil and gas whether it is from the Arctic or the west coast.
What is also interesting is that there are national security implications to this as well. I remember meeting with the ambassador from Slovakia. That country is dependent on Russian gas. It would only be too happy to buy energy from us. The implications of what the Liberals and NDP are doing to stop Canada's resource development goes far beyond our country. Indeed they go far beyond Alberta. Again, Canadians from all walks of life have worked in the oil sands.
Getting back to the bill for the Mackenzie Valley, it truly saddens me when I think about the communities of the Mackenzie Valley, which are ably represented by the member for . It really saddens me to see what is perhaps going on there, apart from where there is no resource development. I mentioned Baker Lake and the diamond mines. Where there is resource development, communities are thriving. Wages are high. Environmental quality is very high because all these industrial activities, all these installations are built with the highest environmental standards in mind.
People say that this industry did this badly or this industry is not doing it right. Every industry in the country operates under the terms and conditions of an environmental licence. I should know. I managed an environmental licence for a paper company. We had to do the appropriate monitoring of our industrial activity. I had to submit reports. We were checked on a regular basis.
If any industry in the country does not operate in an environmentally sound way, it is not the industry's fault; it is the government's fault. Either the terms and conditions of the environmental licence are not right, but the company is following these terms, or the government is not enforcing the rules.
I, for one, will stand and proudly defend all the Canadian industry. What we do in our country is right and proper and is a model for the world.
Therefore, I move:
That the motion be amended by deleting all the words after the word “That” and substituting the following therefore:
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, be not now read a third time, but be referred back to the Standing Committee on Indigenous and Northern Affairs for the purpose of reconsidering clauses 85 and 86, with a view to removing the ability for the federal cabinet to prohibit oil and gas activities on frontier lands based on “national interest”.
:
Mr. Speaker, I am happy to rise tonight to speak to Bill , an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act.
As I said in my first speech on this bill, the overall position of the NDP is that northerners know best how to manage their own resources. We supported this bill at second reading and will support it again at the final vote, but we feel that there were some opportunities at committee to improve parts of it that were lost.
There is a lot of history to this bill and the measures taken over the years to bring more democracy to the north and to end the colonial style of government that has been in place since Confederation. It seems that with every step forward, there are a few steps back, and this bill is perhaps no exception.
This is a bit of an omnibus bill. It sets out to do two very different things. First, it would repeal parts of Bill , the Northwest Territories Devolution Act, which was passed in the last parliament. Second, it would bring into force an announced moratorium on oil and gas exploration and development in offshore waters of the Canadian Arctic.
Bill , passed in 2014, was also a bit of an omnibus bill in that it did two things. The bulk of that bill dealt with the devolution of powers from the federal government to the territorial government. The general public opinion in the north was that this was, as Martha Stewart would say, a good thing. However, the second part of Bill went back on that, eliminating four regional land and water boards and replacing them with a single superboard. The feeling was that this was not a good thing. Those four boards were originally created out of land claim agreements and negotiations with various first nations in the Mackenzie Valley area, and the new superboard significantly reduced the input those first nations would have on resource management decisions.
In passing, I will note that the previous Conservative government did similar things to the Yukon, so the present federal government had to remove contested reforms to the Yukon Environmental and Socio-economic Assessment Act litigated by Yukon first nations. This led to Bill , which rescinded those contested reforms in 2017.
I will return to the Northwest Territories and a brief list of modern agreements and treaties. There are a few smaller ones I will not mention. The member for the has told me that there are 10 more that are in the process of negotiation as well, but I will just mention four here.
First, the Inuvialuit agreement covers the northern part of the Mackenzie Delta, the Beaufort Sea and the Northwest Territories portion of the Arctic Archipelago. That region is outside the areas covered in the regional land and water boards covered in Bill , but it does bear on the second part of the offshore and gas exploration part of this bill.
Second, the Gwich’in agreement covers the southern portion of the Mackenzie Delta and the northern part of the Mackenzie Mountains.
Third, the Sahtu Dene and Métis agreement covers the region around Great Bear Lake and the adjacent Mackenzie Mountains.
Fourth, the Tlicho Land Resources and Self-Government Agreement covers the area north of Great Slave Lake.
These agreements are modern-day treaties that create and confirm indigenous rights and are protected by section 35 of the Constitution. The Gwich'in, Sahtu and Tlicho agreements contain provisions for the creation of a system of co-management boards enacted by the Mackenzie Valley Resource Management Act. On each of these boards, there are four members and a chair. Two of the four members are nominated or appointed by the Gwich'in, Sahtu or Tlicho so that they have an equal partnership in those decisions.
In parts of the Northwest Territories where there is no settled land claim, the main board created by the Mackenzie Valley Resource Management Act, the Mackenzie Valley Land and Water Board, is in operation. In the lnuvialuit Settlement Region, the Canadian Environmental Assessment Agency conducts environmental assessments.
This was all working well until the previous federal Conservative government came to power and was looking for ways to speed up resource development. It commissioned the McCrank report in 2007, which eventually put forward two options to streamline the assessment processes in the Northwest Territories, both of which would significantly affect the operations of the regional land and water boards. Option one was to eliminate the boards and replace them with a superboard. The McCrank report warned that this option would take a long time to implement, as it would necessitate renegotiation of the land claims affected and a lot more consultation on top of that. Option two would keep the boards but reduce their mandates. Again, there would be a lot of consultation needed but perhaps not a full renegotiation of the treaties.
In its habit of cutting corners and ignoring indigenous rights, the Harper government picked option one but dropped the pesky renegotiation and consultation requirement and then slipped that into Bill , introduced in December 2013. Bill C-15 was primarily meant to implement the provisions in the Northwest Territories Lands and Resources Devolution Agreement. However, as I mentioned, it contained a kind of poison pill in the form of changes to the land and water co-management boards. The Harper bill eliminated the regional boards in favour of a single superboard consisting of ten members and a chair. These changes were widely and wildly unpopular in the Northwest Territories, and contrary to the wishes of northerners.
In committee, we heard from a number of witnesses about the negative effects of Bill and the legal battle it unleashed. I would like to quote, first, directly from the testimony of Chief Alfonz Nitsiza, of the Tlicho government. He testified:
The Wek'èezhii Land and Water Board [the Tlicho board] and other boards in the Northwest Territories would be replaced with a single super-board. Instead of appointing 50% of the board members, as our Tlicho agreement requires, the Tlicho Government would appoint only one out of 11 members on this super-board. The Mackenzie Valley Resource Management Act amendments could allow decisions about Wek'èezhii to potentially be made by a panel of the super-board that could lack Tlicho Government appointees entirely. This was unacceptable to us. Tlicho were promised something different in their treaty from what was designed in the Northwest Territories Devolution Act. The treaty promise was broken with no good reason, so we went to the courts for justice.
The Tlicho Government immediately sought an injunction from the Supreme Court of the Northwest Territories. That injunction was granted. It prevents the Mackenzie Valley Resource Management Act amendments from coming into force, and remains in effect to this day. You should also know that the underlying lawsuit also remains active, pending the results of this legislative process. The injunction will remain in effect until either a new law is passed [this one] or our lawsuit regarding the Northwest Territories Devolution Act runs its course.
The Gwich'in representative at committee, David Wright, also mentioned the damage that even this temporary dissolution of regional boards would do to regulatory capacity in the Northwest Territories. He said:
The injunction says the Tlicho, in particular, because they were the primary litigant in that case, would suffer irreparable harm if those amendments were brought into force, because what it would mean is that the Tlicho, Sahtu and Gwich'in land and water boards would be dismantled. Picture staff being sent packing, corporate memory and resources and capacity being disbanded, and the single Mackenzie Valley Land and Water Board being created.
The irreparable harm is at that institutional bureaucratic capacity level, and it would take a lot to get that engine going again if the court result was ultimately favourable and was in line with the findings of Justice Shaner, I believe, in the injunction case.
In other words, depending on what level of court this stopped at, if the result was, yes, indeed, this is an unconstitutional set of amendments that go against land claim agreements, then you would have to restart these boards years from now, which would just be lost time and waste and uncertainty.
We also heard from Bob Mcleod, the Premier of the Northwest Territories, regarding the need for the timely passage of Bill . The premier said:
The Government of the Northwest Territories supports swift passage of Bill C-88. The implications of not proceeding with the bill within the lifetime of this government and retaining the status quo are significant. Amendments to the MVRMA have been on the books for five years, and we don't want any more uncertainty associated with our regulatory regime. Resource developers are contemplating investing in developing the Northwest Territories' rich natural resources, and everyone benefits from regulatory certainty.
Here we are with Bill before us. Part of this bill is what the Northwest Territories wants. It wants the devolution of powers. It wants to keep the regional boards.
However, there is a part 2. This is kind of a mini-omnibus bill. I will now go to the second part of Bill , which deals with the Canada Petroleum Resources Act. This began in late 2016, when the was meeting with President Barack Obama and they both gave what was called the “United States-Canada Joint Arctic Leaders' Statement”.
In that statement, President Obama said that the U.S. was designating the vast majority of U.S. waters in the Chukchi and Beaufort seas as indefinitely off limits to offshore oil and gas leasing. At the same time, it seemed that Canada felt obliged to designate all Canadian waters as indefinitely off limits to future offshore Arctic oil and gas licensing, to be reviewed every five years through a climate and marine science-based life-cycle assessment. The made this decision without properly consulting any form of government in the north. He made a phone call to everybody 20 minutes before the fact. Northwest Territories Premier Bob Mcleod reacted by issuing a red alert, calling for an urgent national debate on the future of the Northwest Territories and saying that the 's announcement was the re-emergence of colonialism.
A year later, in October 2017, I spoke to Duane Smith, the board chair of Inuvialuit Regional Corporation. This was at the Generation Energy Forum meetings in Winnipeg. A year later, he was still hopping mad and very concerned about this issue. In 2016, he stated, “There was a total lack of consultation prior to the imposition of the moratorium. This and the subsequent changes to key legislation impacting our marine areas are actions inconsistent with the way the Crown is required to engage with its Indigenous counterparts.”
These concerns were again heard loud and clear in committee testimony. Merven Gruben, the mayor of Tuktoyaktuk, said:
I just didn't want this to be seen again as another case of Ottawa throwing in this moratorium and showing us what to do—do as I say, you know. That's what I didn't like. I thought we were going to be...but there was no negotiation. You just do this. Ottawa says if you do this, you do that.
In response to the concerns of northerners, Canada began a consultation process and agreed in October 2018 to begin talks with the territorial governments and the Inuvialuit Regional Corporation to reach a co-management and revenue-sharing agreement. Meanwhile, the current oil and gas development moratorium remains in place to be reviewed in 2021.
I would like to comment briefly on the rushed timelines faced by this bill. Here we are in June 2019 debating a bill that everybody knew was coming before the election in 2015. Consultations began on the Mackenzie Valley part of this bill right after the election and if my understanding is correct, the consultations were largely finished by the summer of 2017, yet this bill was not tabled until just before Christmas. It sat in limbo for 18 months. I can speculate that maybe it was a decision to bring the oil and gas moratorium into the legislation that caused this delay because it needed more consultation, but whatever it was, here we are staring the end of this Parliament in the face and risking the untimely death of this bill in the Senate. When legislation is literally being forced upon us by the courts, it behooves the government to move quickly, and that would have been to keep the two issues separate so the Mackenzie Valley act could proceed first.
I will mention a couple of ways Bill could have been easily improved. New Democrats brought amendments forward in committee, but were unsuccessful. New Democrats are disappointed that the UN Declaration on the Rights of Indigenous Peoples is not mentioned at all in this bill, despite the fact that of all the bills before us in this Parliament, Bill C-88 seems to be the one most needing this reference. The bill deals specifically with resource development, precipitated by litigation put forth by indigenous peoples, pointing out, with good reason, that treaties have been broken, their views ignored and consultations not done.
The Liberal government supported the private member's bill of my colleague, the member for , on putting the UN Declaration on the Rights of Indigenous Peoples into every appropriate legislation that the government produces, but there is no mention of that at all, nor the underlying concept of free, prior and informed consent in this bill. This was brought up in committee testimony as well.
In its brief, the Northwest Territories Chamber of Commerce argued that the final decision to prohibit certain works and activities in the national interest “needs to be approved by the Indigenous Nation of the prescribed area who are the stewards of the area but also rely on the land to provide economic independence” to their membership.
In its brief, the Inuvialuit Regional Corporation said:
Further, while the Oceans Act and CPRA include non-derogation clauses, the requirement to consult with those who hold rights in marine areas is not clearly articulated. It is important to note that the imposition of the Moratorium by the Prime Minister was done without consultation with any Inuvialuit in contravention of the IFA [Inuvialuit Final Agreement] and with the framework established and the promises made under the Northwest Territories Lands and Resources Devolution Agreement.
The IRC added:
The proposed Section 12(1) introduces “national interest” as a further basis for “freezing” licenses indefinitely. The national interest criterion is problematic as it elevates the national priorities of the day vis-à-vis Inuvialuit priorities within our traditional territory.
David Wright of the Gwich'in suggested that if it could not be inserted into this bill, reference to the UN Declaration on the Rights of Indigenous Peoples should at least be seriously considered when the Mackenzie Valley agreement itself is reviewed in the near future.
The second place that Bill could be improved is through a real commitment for intervenor funding in the review processes that the bill puts forward. While there is a separate funding source available for indigenous intervenor funding in the north, it is not enshrined in legislation and it is not available for non-indigenous groups.
Intervenor funding is included in Bill and it should be included in this bill as well. It is a critical part of any proper consultation.
To conclude, I will reiterate that the NDP will support the bill and hopes to see it move quickly to royal assent before Parliament is dissolved.
:
Mr. Speaker, I also want to join the parliamentary secretary in wishing the a full recovery. I know that everyone in the House is thinking of him and wishing him a full recovery. We hope to see him back here in the fall after the election.
I am going to start my comments on Bill , an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other acts, with some technical details. Anyone watching CPAC rather than the Raptors tonight will appreciate understanding what the debate is actually about. I will then go broader with my comments and more generally into terms of the current government's approach to the energy industry and, I am going to suggest, the natural resource industry, which is putting us into an incredibly difficult position.
The member for in Manitoba talked about having the great privilege of spending a lot of time in the Mackenzie Valley. I suspect that there are not many people who have had that opportunity in their lifetime. Therefore, I think it may be a good thing for us all to put on our bucket list, travelling this beautiful country to see some of these beautiful places.
However, I want to talk about the Mackenzie Valley regulation management regime, which was enacted in 1998. It is called the Mackenzie Valley Resource Management Act. It came into being 20 years after the Berger inquiry. It recommended a 10-year moratorium on development in the Mackenzie Valley in order to settle land claims and involve indigenous peoples in modern treaties that provide an integrated, co-managed land and water management regime delivered through a quasi-judicial process for the entire Mackenzie Valley.
The Northwest Territories, in its release, talks about it providing a progressive regulatory environment that integrates and sequences authorizations in one single process. It entrenches indigenous peoples rights and their governments' role and processes. It provides a way to mitigate environmental, economic, social and cultural impacts through conditions set by boards that represent the interests of all NWT residents.
The scope of the MVRMA lays out decisions and functions in a single piece of legislation for federal, territorial and indigenous governments. It eliminates the need for harmonization of substitution agreements and allows for life-of-project regulations from project inception, including conformity of proposals against the land-use plan, environmental screening and assessment to permitting site closure and remediation of major industrial sites. Decision-making is based on lines of evidence that consider science, traditional knowledge, economic impact and mitigation of environmental assessment, and socio-cultural impacts of the project and integration with other resource management legislation, notably the federal and territorial species at risk and broader social economic perspectives.
When we hear that sort of description of the process, I think there are many provinces in the country that perhaps could learn from it. Certainly the territories, in many ways, have moved forward with sort of a tripartite process for environmental assessments that we could all learn from.
As other speakers have noticed, the bill before us really has two parts, and I would say it is the paradox of two very different pieces of legislation that the Liberals have put together. One part is where they are moving back from some measures that we had put in place, which they actually voted for in the last Parliament. I would note that the Liberals voted for Bill C-15 in the last Parliament. They are very critical now, but they certainly did stand up in support of Bill C-15 and now would make some corrections to it.
This is part A of the bill and it is an amendment to the act, Bill , Northwest Territories Devolution Act in 2014. A major component of Bill C-15 was restructuring the three land and water boards in the Mackenzie Valley into one. After this was passed, there were concerns expressed by the Tlicho and Sahtu first nations who filed lawsuits against Canada. In 2015, there was an injunction. The first part is reversing some of the work that was done around the land and water boards.
It is interesting, as we are trying to understand why that change was put in place, that we did have Neil McCrank as a witness. He talked about the process, about the engagement. Contrary to what the member for indicated, he clearly said he was not given any direction by the then aboriginal affairs minister, Chuck Strahl, but he was asked to engage and come up with what seemed to be a better process.
It was not that this idea of the amalgamation of the water boards came out of the blue; it came through a process of engagement. One thing he said, which was an important piece of information, was that he always contemplated that the land use plans needed to be done first, so that all the land use plans needed to be in place and then the water board would just be a very technical group to deal with the actual assessment, so very technical. What I had not realized is that the land use plans were not in place. However, there was rationale and consultation, but obviously there was also in the end some resistance to that particular section of the bill.
Perhaps a more concerning part of this piece of legislation is part 2 of Bill , clauses 85 and 86. This expands the Liberals' five-year moratorium on oil and gas exploration in the Beaufort Sea. It amends the Canadian 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 while the prohibition is in place.
What we have again is the Liberals politicizing the regulatory and environmental process for resource extraction in Canada's north by giving cabinet sweeping powers to stop projects on the basis of national interest. Who defines the national interest? I would suggest it might be Liberal interests in this case defining what is the national interest. It is certainly not national interests.
We have not been alone. We heard from my colleague from the NDP about the terrific concern when President Obama and our were in the United States, when 20 minutes before he was going to make an announcement, he phoned the premiers with 20 minutes' notice. This is not called engagement. It is not called consultation. It is not called discussion. It is called “We are doing this and, by the way, I am giving them 20 minutes' warning, so maybe they can react when the media calls them”.
The premier from the Northwest Territories and many others were scathing in terms of this action by the . They indicated a red alert: the Liberal government of this country wants to turn the north into a park. It does not care about their economic opportunities. It does not care about their future. It sure does not care about engagement and consultations.
We have created in legislation the opportunity for 20-minute phone calls to come any time the government thinks it wants to make a change. With 20 minutes' notice, by the way, Liberals are going to do another moratorium in the national interest. Rightfully, it is absolutely incredible that they are responding to concerns from indigenous communities in part 1 and they are ignoring concerns in part 2, which again is the paradox of this.
I will go to the broader picture, which is what has become incredibly clear over the four years. The government wants to not only shut down our energy industry, it really gives very limited care to our natural resource industry. I will go through a number of measures.
The government is all about superclusters and giving Loblaws fridges, but it does not understand and it does not care about our rural communities, our resource development and the enormous wealth and jobs it provides for the citizens.
Let us start with Bill , the oil tanker moratorium. The Liberals talked about caring about consultations. How much consultation did they have with the 33 first nations that were represented by Eagle Spirit Energy? They want to build a pipeline in northern British Columbia. Now they cannot do that. There was no consultation. The Liberals arbitrarily said they would put in a moratorium on tankers carrying a specific product.
The Liberals pay no attention to the tankers going from Alaska, down the coast. They pay no attention to the tankers that are coming down the St. Lawrence Seaway, from Venezuela and Saudi Arabia. However, they have cut off an opportunity for communities in northern B.C., through the tanker moratorium, to prosper and have a future for their communities.
It is so bad that the Senate took an unprecedented step. Senators were given the opportunity to review the tanker moratorium. They were able to go out and talk to communities. The Senate committee members had an opportunity. Their advice to the government was, to forget it, to get rid of the bill as it was terrible, wrong and unfair. They said it should not move the bill forward.
Unfortunately, Liberal appointed senators are carrying the day. I understand there was great arm-twisting that went on between the government and its senators. I understand the Senate did not take the advice of the committee members who had the knowledge, who talked to the people, who quite frankly did an amazing analysis of what the issues were. The Senate just ignored the committee, and there was arm twisting. It fits with the Liberals' narrative that they do not care about resource development and want to shut down the oil sands.
The next project, energy east. All of a sudden, energy east was going to be—
:
Mr. Speaker, I absolutely talked about the bill. I went from the small picture of the bill and to the broader picture of the philosophy of the government. Obviously it all feeds back into what was a very arbitrary move in part 2 of Bill .
With energy east, new things were imposed on the company that made it uncompetitive. All of a sudden, company representatives had to meet criteria around upstream and downstream emissions. They knew those same criteria were not being imposed on foreign imports. They knew they were putting good money after bad if they continued, so they walked away from the process.
As soon as the Liberals took office, they immediately cancelled northern gateway. The National Energy Board had approved it with conditions and the Liberals just cancelled it. Eventually, we got some very clear guidance from the courts around what needed to be done with indigenous consultation.
The next pipeline on the list was the Trans Mountain. Unfortunately, the Liberals did not bother to do what the courts had told them to do with the northern gateway decision. They were given a recipe and clear directions and they said they would follow that for the Trans Mountain pipeline.
The Liberals have put all their eggs into one basket. I know the Liberals have said they want to shut down the oil sands. They have done everything they can to do so. For some reason, they have decided they will support one pipeline, because they want to play both sides in this debate. They blew the consultation process. We thought they were doing it properly. They talked about how they were putting extra effort into it. However, we found out that the Liberals had not done proper consultations. They did not follow the guidance that was given in the northern gateway decision and they were put back to the drawing board.
Meanwhile, the Liberals bought the pipeline. From all accounts, they spent $1 billion too much and then they could not build it.
I want to talk a bit about this pipeline. The Trans Mountain pipeline is going to be very important for my riding for a number of reasons, and I will also link this to the Liberals' lack of concern for natural resources.
We have the softwood lumber dispute, which has now been unsolved since the Liberals took office. I have a community on this pipeline route which has just lost one of its mills. The people in the community are saying to please ensure the Trans Mountain pipeline gets built. They know it will not be a long-term solution but it will see them through. They say that the 18 months of construction for the Trans Mountain pipeline will see them through an incredibly difficult time, from the shutdown of their mill, their forestry industry and loss of over 180 well-paying jobs. Certainly, the Liberals' lack of ability for the softwood industry to get that deal done has impacted that community. Now the people in the community are pleading to get the Trans Mountain pipeline built.
Here we have a bill, one for which the Liberals voted. In part A, they are making some changes to deal with the court issue. However, part B is really about the Liberals' anti-energy position, their anti-natural resources position, their desire to shut down the oil stands and their desire to shut down drilling in the Beaufort.
We all recognize we need to move toward a lighter carbon footprint. However, why should we be importing oil when the demand is there? Technology is going to take us there. Meanwhile, Canada needs to benefit from the opportunities we have. The government is totally uninterested and unwilling to do so.
:
Mr. Speaker, it is my pleasure to rise in the House to speak to Bill , an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other acts.
Normally, I am even more pleased to rise in the House, but I want to point out that we are here sitting late in the session. At 10:15 in the evening, I am sure most other people are watching the Raptors game.
I want to point out that the Liberal government is rushing through a lot of legislation at the last minute. We have seen a bill today that was just introduced two weeks ago and that the government is moving closure on. The Liberals have moved closure on this bill in a big rush. They have woken up like a teenager at school and realized that the end of the session is upon them and they have not finished any of their assignments.
I am happy to be here and debate this legislation. I do not have any family or a spouse who would be an issue. However, a lot of members do have young families or spouses. We talk about this being a family-friendly Parliament. A lot of rhetoric often goes on by members on the other side, but we can see that the Liberals are using their powers as government to drive an agenda that is not family-friendly.
I would be remiss, as the shadow health minister, if I did not point out that these late sessions that go until midnight are not good from a sleep perspective. There are a number of more aged members of Parliament. It is not good for them either.
While it is worthwhile debating Bill , the government should have done more careful planning so as to avoid coming to the end of the session and realizing that none of its legislation was passed.
I do not want to be accused of not being relevant tonight, so I will tell the House in advance what I am going to speak about so members will understand where I am going with this whole thing.
First, I am going to talk about what the bill would do and what it proposes to do, and then I will discuss my concerns about the bill. Then, I want to talk a bit about how the bill aligns overall to indigenous reconciliation in Canada, which is on the minds of all Canadians and I am sure is important.
Then, I will speak a bit about how the bill aligns to natural resource sector development. The natural resource sector is a huge part of Canada's GDP and our economic growth. It is an important industry, so every time we make a change to something that will impact that industry, it is important to look at how it will align to the overall plan. We have a strategy for the north. It is important to look at this bill and how it will align to our northern strategy. Does it fit in? Are there any concerns there?
The bill actually has three parts. The first part would amend the Mackenzie Valley Resource Management Act, from 1998, to reverse provisions that would have consolidated the Mackenzie Valley land and water boards into one.
These provisions were introduced by the former Conservative government within Bill , the Northwest Territories Devolution Act. By way of history, we know that a major component of Bill C-15, where this originated, was the restructuring of the four land and water boards from the Mackenzie Valley into one. Following its passage in 2014, the Tlicho government and the Sahtu Secretariat filed lawsuits against Canada, arguing that the restructuring violated their land claim agreements.
In February 2015, the Northwest Territories Supreme Court issued an injunction preventing the board restructuring provisions from coming into force until a decision on the case was issued. The Liberals paused that legal battle shortly after forming government, and it remains an unresolved issue.
To try to consolidate the land and water boards into one seems to be, in my view, an efficiency, but again, it is important to consult and understand what the people who have the land claims are thinking.
For the government to leave it so late in the session, when there is a lawsuit that pertains to this, is troubling. When we rise from this Parliament, there will be an election, and whatever government is elected will not be able to get back to this matter in a timely way. That is unfortunate.
The second part of the bill 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 it would freeze the terms of existing licences to prevent them from expiring during a moratorium. There are a lot of vague terms there. What is the national interest? How is that determined, and who determines that? I assume it is the Liberal cabinet, and I am not sure it would be necessarily unbiased in its definition. What are oil and gas activities? There is a bit of vagueness in the second part of the bill.
The third part of the bill, as we heard earlier, talks about the regulatory items that were brought forward from the previous Conservative bill, which I have heard members on the opposite side say were actually good. It is not surprising, because the Conservative government has, in the past, done a very good job with respect to regulations that have brought us forward in terms of emission reductions and a number of other items. I do not have much objection to the regulatory items. I agree the Conservative government brought them forward, and they are fine as they are.
Let me go to concerns about the bill. In addition to the litigation cycle that is hanging over this bill, I am concerned with the number of powers the government would have to politically interfere in the development of our natural resources as a result of this bill. We have seen lots of political interference by the government.
Today, I participated in a debate on Bill , a bill about the government politically interfering in the steel market. We have the USMCA agreement with the U.S. and, as members know, there were tariffs on steel for nearly a year that were very punishing to our businesses. In order to get rid of those tariffs, the Liberal government traded away our ability to strategically put tariffs in place on the U.S., which, ironically, is how we got rid of the tariffs on steel in the first place.
It is troubling to me, having the knowledge that the U.S. may again put tariffs on steel, which it is not prohibited from doing under the agreement that has been signed, that the government would immediately virtue-signal to the steel industry that it is doing something. It came forward with a bill two weeks ago, with the dying days of Parliament before us, trying to rush it through in order to make it seem as though it is doing something, when, in fact, it is trying to politically interfere in the free market for steel.
That is not the first time, as I mentioned. There is a pattern of behaviour that I want to talk a bit about. We saw with Bill , the no-more-pipelines bill, that this bill would hugely interfere in projects that are proposed to be built in Canada. It would give the powers to, for any reason, at any time, reset the process and start the clock again, to veto the process. That is a huge amount of power, and it causes great uncertainty. Those looking to invest and do large projects in Canada are not going to want to invest billions of dollars, knowing that at the whim of the environment minister, projects may die on the vine.
I will talk a bit about the reason the government brings these bills forward and the reaction in the indigenous community. Part of the bill would allow the government to put a moratorium on oil and gas development. I heard in some of the speeches earlier the comment that just before Christmas 2016, the travelled to Washington, D.C. to make an announcement with then U.S. president Barrack Obama, even though there had been no consultation with northerners, despite consistent rhetoric about consulting with Canada's indigenous peoples prior to decision-making. The Prime Minister's Office made this decision and, with 20 minutes' notice, elected leaders in Canada's north were made aware of the announcement. Some of the comments that followed from the community are probably worthy of note.
Wally Schumann, who is the Minister of Industry, Tourism and Investment and the Minister of Infrastructure for the Northwest Territories, said:
I guess we can be very frank because we're in front of the committee.
When it first came out, we never got very much notice on the whole issue of the moratorium and the potential that was in the Beaufort Sea. There were millions and millions, if not billions, of dollars in bid deposits and land leases up there. That took away any hope we had of developing the Beaufort Sea.
The mayor of Tuktoyaktuk, Merven Gruben, said:
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.
The Hon. Jackie Jacobson stated:
It's so easy to sit down here and make judgments on people and lives that are 3,500 klicks away, and make decisions on our behalf, especially with that moratorium on the Beaufort. That should be taken away, lifted, please and thank you. That is going to open up and give jobs to our people—training and all the stuff we're wishing for.
Merven Gruben further said, “We're proud people who like to work for a living.” He spoke of the increasing reliance on social assistance.
Here again we see that the people who are living there are looking for that economic development they so badly need, but the current government, without any consultation whatsoever, shut it down and put a moratorium in place. Clearly, that is not acceptable.
The pattern of reversing what Conservatives have proposed or put in place is not new to this House. I would say that it has been done on a number of bills. I will pick a small sampling to back up the point.
We had a housing first program that was lifting people out of homelessness. Of the people on that program, 73% ended up going into stable housing. When the Liberal government came in, it decided it was going to have its national housing strategy, but instead of keeping something that was working, it tossed the baby out with the bathwater on that one.
I would say the same was true regarding a bill in the previous government, Bill , which suggested that if people had become a Canadian citizen and gone off to fight against Canada, their citizenship would be revoked. We see that we are in a situation now with people who have been involved in terrorism trying to come back and the government is struggling to get the evidentiary proof to file charges. That would be another example.
One of the first bills the Liberals passed in this Parliament was to remove the financial transparency and accountability for the first nations people on the funding they receive.
Therefore, there is a previous pattern of behaviour of the Liberal government reversing things the Conservatives did when those things were not necessarily bad things.
With respect to the themes we are talking about today, I have expressed some concerns about the bill, but I want to talk about how this bill aligns to indigenous reconciliation, because there has been a lot of rhetoric in the current government about lining up to indigenous reconciliation and consulting with indigenous people. I would say that it is forever consulting but never listening.
If we think about the Truth and Reconciliation Commission recommendations, early in the mandate of the government it unanimously adopted all 94, and where has the action on those gone? Crickets.
We have seen the mess of the inquiry into murdered and missing aboriginal women has been, with the number of people who have resigned en route and the fact that many indigenous people feel they were not allowed to participate. Here we are four years down the road, with $98 million or something like that having been spent, and no action.
Many indigenous people felt the tanker ban, Bill , would be bad for them, especially those who were trying to get the Eagle Spirit pipeline built. They were saying this was going to deprive them of an opportunity to have the kind of economic development they need, the same kind of economic opportunity that we see in Bill , which the people there are looking for. Now we have this moratorium on the Beaufort Sea.
Another issue we need to consider when looking at Bill is how it fits into our northern strategy. If we think about the needs of people who are living in the north, we know there are a number of issues. We know that there is a food insecurity issue in the north. Will this help with that issue? When the government is depriving people of economic development, I am not sure that it is helping that situation.
In terms of the broadband problem, the government has had four years to address the issue. I know I have an inventor in my riding, and I put ideas forward to the that for less than $20 million, I have somebody who knows how to put that kind of broadband Internet access across the north, with satellite balloons that are solar powered, incidentally, but to no avail.
The health care in the north has huge issues, from dental hygiene to tuberculosis and just even access to care. There are those things and the sovereignty issues. We have sovereignty in the north, but we have Russia and China really starting to pay a lot of attention to that area. We need to have a plan for how we are going to defend that area, along with the natural resources that are there and what we need to do to protect those. I do not see any plan or any discussion about how this fits into that northern strategy. I think that is something that needs to be looked at.
Another thing that is really affecting the northern area is climate change. We are seeing a thawing of the permafrost. As an engineer who used to work in construction, I am paying close attention to some of the horrendous things that are happening, in terms of roads that are developing huge crevices as the permafrost shifts and buildings that are collapsing after months of construction because the foundations are no longer solid. There really does not seem to be a strategy for how we are going to make sure that, in the north, we are setting them up for success, that we are protecting the assets that are in place. These are places where, if people cannot get to them, any hope of economic development would be lost. There is something to be done there.
Many times this week we have heard that the government has a tax plan, not a climate plan. This is just one more thing that I would add to what needs to be part of a comprehensive climate plan, how we are going to address the results that we see as the climate shifts.
As we look to this bill, in the dying days of the 42nd Parliament, it looks to me, again, like something that may not even make it through in the remaining days that we have, and it may not have a good chance of being implemented. Certainly, with all of the things the government promised to do but never did, I reflect on the 42nd Parliament and I think, “What did the government really do?” The Canada child benefit and the legalization of marijuana, I will give it those two. Other than that, I am not really sure what has been accomplished.
As we look to the summary of Bill , we have talked about what the bill does, some of the concerns of the political interference that exists and how people are not being listened to in the north. People want this economic development, and the government now has the power to shut them down and is using that power.
I do not think the actions being taken by the government align well with the overall theme of indigenous reconciliation. I feel this will be more fanning of the flame, when people in the north want this economic development and the government is standing in the way or is interfering in the ability of the people to support themselves. That will not go over well.
I also think it is part of a bigger rhetoric on the natural resources sector. We know that the carbon tax has been a huge problem for small businesses. In my riding I have a lot of refineries. Now the government has exempted all the large emitters, 90%, from the carbon tax, but it has also put on a clean fuel tax, which is costing billions of dollars. One refinery in my riding has just gone up for sale, and another one has said that if it does not get an exemption from those clean fuel taxes, it may be unsustainable as well.
The government has a clean pattern of undermining the natural resources sector. We know that it has killed all kinds of natural resource projects: energy east, the northern gateway, the Petronas LNG and, of course, the Trans Mountain pipeline has gone absolutely nowhere.
Until the government can come with a clear message about the natural resources plan and support for that plan, and support for people in the north who want that economic development and are looking for the government to support them and not interfere, then I think that Bill is not going to go a long way in achieving what is hoped.
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Mr. Speaker, I will be splitting my time with my colleague from .
I appreciate having the opportunity to speak to Bill at third reading stage.
This bill is divided into two parts, as we have heard. Part 1 amends the Mackenzie Valley Resource Management Act while part 2 amends the Canada Petroleum Resources Act. It is the second part of the bill that I will primarily be addressing in the time that I have today.
Simply put, this part of Bill makes a mockery of the government's claim to seriously consult with aboriginal and Inuit peoples. Furthermore, it proves yet again that the Liberal Party is no friend of the Canadian oil and gas sector.
Part 2 of Bill imposes a five-year moratorium on the development of offshore oil and gas projects in the Beaufort Sea. This is not surprising for anyone who has followed the government with even a modicum of attention. The Liberals have proven time and time again that they are opposed to Canada's energy sector. Whether it be the carbon tax or Bill banning tanker traffic off of British Columbia's northern coast or the 180-amendment, Frankenstein monster of a bill that is the “no more pipelines” Bill , or the cancellation of the northern gateway and energy east pipelines, or the continued bungling of the Trans Mountain extension, we can always count on the Liberals to find a way to make life miserable for workers in our oil and gas sector.
At every opportunity, the has politicized the regulatory and environmental assessment processes. Bill follows this already established pattern. As a result, it is no wonder Canada has been bleeding foreign investment funds and suffered economic stagnation under the Prime Minister.
Bill is about more than just the Liberals' clear disdain for our natural resource sector. This bill exposes the 's false claims of consultation.
Under the previous Conservative government, we made a concerted effort to devolve power to the territories to ensure that they had the decision-making powers they needed to develop their abundance of natural resources in a safe, secure and sustainable manner. I will not pretend that we got it right every step of the way but there was no doubt about our goal and our honest attempt to transfer power to the territorial level.
In one afternoon, the derailed years of progress by the territories toward full self-governance. At a glitzy press conference in Washington designed to garner praise from the international press, he announced that Canada would be placing a moratorium on offshore drilling in the north. This announcement came as quite the surprise to the governments of the territories. Some of them received less than an hour's notice that the was about to throw their economic futures out the window so he could get a nice write-up in Vanity Fair.
Minister Wally Schumann of the Northwest Territories described how they found out about the ban and the impact it will have on our north. He said:
When it first came out, we never got very much notice on the whole issue of the moratorium and the potential that was in the Beaufort Sea. There were millions and millions, if not billions, of dollars in bid deposits and land leases up there. That took away any hope we had of developing the Beaufort Sea.
Really, we should not be surprised. The has always believed in a paternalistic, “Ottawa knows best” relationship with the territories, provinces and indigenous peoples. Mayor Merven Gruben put it well when speaking at committee in Ottawa. He said:
It’s so easy to sit down here and make judgments on people and lives that are 3,500 klicks away, and make decisions on our behalf, especially with that moratorium on the Beaufort. That should be taken away, lifted, please and thank you. That is going to open up and give jobs to our people—training and all the stuff we’re wishing for.
The has decided the future for the north and he is using this bill to make that happen but he never stopped and asked what the people in the north want, and they do not want this.
Northwest Territories Premier Bob McLeod stated clearly how his government felt about the announcement. He said:
It feels like a step backward.
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.
Then premier of Nunavut, Peter Taptuna, shared McLeod's frustrations. He said:
We do want to be getting to a state where we can make our own determination of our priorities, and the way to do that is gain meaningful revenue from resource development.
And at the same time, when one potential sources of revenue is taken off the table, it puts us back at practically Square 1 where Ottawa will make the decision for us.
In my role as shadow minister for transportation, I have had the chance to meet with companies and groups seeking to develop in the north to provide jobs and future prospects to Inuit and other northern Canadians. I heard one phrase repeated over and over again: one big park. Stakeholders told me over and over again that they feel the Liberals do not care about their economic development, but are only interested in making northern Canada one big park even if that means ignoring the will of indigenous peoples.
As I prepared these remarks and delved into Bill , I could not help but see the parallels between the top-down “Ottawa knows best” bill and Bill , the Liberals' ideological oil tanker moratorium act. Bill C-48 is called the oil tanker moratorium act, but everyone knows it is an anti-pipeline bill designed to eliminate any possibility of a pipeline to tidewater through northern British Columbia.
The has a pattern of imposing his will on indigenous groups while still claiming to consult. Just like they did when banning northern development through Bill , the Liberal government pushed ahead on Bill without consulting indigenous stakeholders.
When testifying at transport committee on Bill , Gary Alexcee, hereditary chief of the Nisga'a Nation for the community of Gingolx, made the following comments about the Liberal government's consultation process:
With no consultation, the B.C. first nations groups being cut off economically with no opportunity to even sit down with the government to further negotiate Bill C-48.
In fact, Eagle Spirit Energy, a first nations owned energy company, is taking the government to court over Bill because of, among other reasons, the very lack of consultation. In cancelling the northern gateway pipeline, the ignored the input of over 30 first nations along the route who have revenue agreements in place. Again, this is the Liberals' “Ottawa knows best” mentality in practice, yet the Prime Minister continues to claim time and again to consult with indigenous stakeholders.
I oppose this Ottawa-centric anti-Canadian energy industry mentality and it is for that reason that I will be voting against Bill .
:
Mr. Speaker, I rise today to speak to Bill , an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other acts.
Before I get into the details of the bill, it is important to look at the context of what has been happening over the past three years and what is starting to be a pattern of the Liberal government. The decisions it makes consistently increase red tape and bureaucracy and are mostly anti-resource development. This bill is no different.
I would like to talk about a few areas that show the context, which will then show that this follows a pattern that adds to what is becoming an increasing concern in the country, which is the ability to move our natural resources forward.
When the took office, there were three private companies willing to invest more than $30 billion to build three nation-building pipelines that would have generated tens of thousands of jobs and billions in economic opportunities. The Prime Minister and his cabinet killed two of them and put the Trans Mountain expansion on life support. Bill would block all future pipelines.
In addition, the government has made a number of arbitrary decisions regarding natural resource development, with absolutely no consultation with those impacted. Today, we only need to look at what is happening in Alberta with the hundreds of thousands of job losses. Who has ever heard of a premier having to decrease the production of a needed resource throughout the country and the world because we simply cannot get resources to the market? This is because of the government's failure.
The northern gateway project was approved by the former government in June 2014. It had a number of conditions on it, just like the current Trans Mountain project does. In November 2015, just one month after being elected, the killed the project without any hesitation. It was subject to a court challenge. When we finally heard what came out of that court challenge, to be frank, it was nothing that could not be overcome. We could have dealt with that.
The court decision told the to engage in consultation in a more appropriate and balanced way. The court really gave what I would call a recipe for perhaps fixing some problems with the process. Did he wait for the court decision? No. He went out and killed it flat. With this approved pipeline, he did not wait for a court decision or wait to see how it could move forward. He decided that he did not want that one.
I think we are all pretty aware of the Trans Mountain pipeline as it has been moving along for many years. We know that many first nations support it and hope to see it go through, as they see enormous opportunities for their communities. Of course, others are against it.
What happened in this case? When the Liberals formed government, they decided they had to have an additional consultation process. However, did they follow the directions of the court in the northern gateway decision, in which the court was very clear about what the government had to do in order to do consultations properly? Apparently not.
When the court decision came down, we learned otherwise. To be frank, it was much to my surprise, because the Liberals talked about how well they were consulting and that they were putting this additional process in place. The court said that the Liberals did not do the job. What they did was send a note-taker and not a decision-maker.
The fact that the Liberals did not consult properly on the Trans Mountain pipeline is strictly on their laps, as they had very clear guidance from the northern gateway decision, and they did not do what they needed to do. They should be ashamed of themselves. Had they done a proper process, they likely would not have had to buy the pipeline, the pipeline would be under construction right now and we would be in a lot better place as a country. With respect to the Trans Mountain pipeline, the blame for where we are on that pipeline lies strictly on the laps of the Liberals.
I also want to note, in spite of what people say, that the courts have said that the process was okay, so it had nothing to do with environmental legislation by the previous government or with anything the Conservatives put in place. It was—