[Member spoke in Dene as follows:]

Naya dak gwandii

[Dene text translated as follows:]

Territory

[English]

Madam Speaker, I stand today on the traditional unceded territory of the Algonquin Anishinabe people to express my support for Bill C-88, which proposes to modernize the regulatory regime governing resource development projects in the north.

Before I start, one of the last Conservative speakers said the decision should be made in the north. The northern governments—the Sahtu, the Gwich'in, the Tlicho, the Government of the Northwest Territories—are all in agreement with this legislation. I assume that unless they are going to contradict their own speaker, the Conservatives will be supporting this bill, which leaves the decisions in the north as they were negotiated in the constitutionally protected land claims.

The key reason I support the legislation now before us has to do with the proposed enforcement system. As my colleagues know, the effectiveness of any regulatory regime depends largely on the quality of its enforcement system. As it stands today, the Mackenzie Valley Resource Management Act lacks an effective enforcement system when it comes to assessments of environmental impacts.

While the amendments to the Northwest Territories Devolution Act did create an enforcement system, the court challenges initiated by northern indigenous groups on the decimation of their boards effectively eliminated it. Bill C-88 would amend the Mackenzie Valley Resource Management Act to establish an enforcement system based on development certificates.

A development certificate is a form of authorization, a permission slip of sorts. For a project to proceed, an environmental assessment body must first issue a development certificate to the proponent. The Nunavut Planning and Project Assessment Act follows a similar approach.

Under such a system, that environmental assessment body can include specific mitigation measures in the development certificate. The proponent might be authorized to drive heavy vehicles only on frozen winter roads, for instance, or be banned from designated areas during the time of year when caribou typically birth and nurse their calves, which I wish the Trump administration would do in the Arctic National Wildlife Refuge.

Under Bill C-88, the Mackenzie Valley Environmental Impact Review Board would be authorized to issue development certificates listing mitigation measures within the jurisdiction of the responsible ministers. After completing an environmental assessment or environmental impact review, the board would issue a certificate to the proponent.

Under the enforcement system envisioned in Bill C-88, it would be a violation to proceed with a project without a valid certificate or to contravene the conditions of a certificate. These and other violations could lead to an administrative monetary penalty, or AMP. An AMP is a fine imposed by an inspector. It is a civil sanction imposed through an administrative process, rather than a criminal sentence imposed by a court.

Bill C-88 would amend the Mackenzie Valley Resource Management Act to provide all the necessary and appropriate authorities for AMPs and associated regulations. The regulations would specify penalty amounts, as well as the method of calculating penalties for each type of violation. The amendments also specify the maximum fine would be $25,000 for individuals and $100,000 for organizations. A violation that continues for multiple days would be subject to a separate AMP for each day. I am convinced that the threat of such potentially large fines would promote compliance with the proposed legislation.

There are many advantages to an enforcement system based on development certificates. The threat of a hefty fine removes the potential financial benefit of non-compliance, for instance. By imposing particular restrictions on a project through a development certificate, the system helps regulators to achieve particular goals, such as environmental protection. Civil sanctions such as AMPs tend to be more efficient than criminal prosecutions, which can be lengthy and expensive undertakings.

The enforcement system proposed in Bill C-88 is consistent with those authorized in other federal legislation, including the Environmental Violations Administrative Monetary Penalties Act, the National Energy Board Act and the Nuclear Safety and Control Act.

Another worthwhile feature of the proposed enforcement system is that it features many effective checks and balances. Development certificates, for example, could not include measures within the jurisdiction of a designated regulatory agency, such as the National Energy Board or the Tlicho government. Anyone issued an AMP could seek to have the notice investigated by an official review body. The review would determine whether the penalty was issued in accordance with the regulations, whether the person committed the violation, or both.

For violations related to part 5 of the Mackenzie Valley Resource Management Act, which pertains to environmental assessment, the federal minister would be empowered to act as a review body. For violations related to part 3 of the act, which deals with land and water management, the board that issued the original authorization would serve as the review body. If a violation was related to an activity that did not involve an authorization, the board responsible for the region where the violation occurred would serve as the review body.

The enforcement system would also include a reconsideration process. A proponent could request an adjustment to a development certificate to address changing circumstances, ineffective or unclear project conditions or new technologies. Reconsideration would be limited to the area of change and to any effects the change may have had on the project. The proponent would not be required to complete another full environmental assessment, and the original decision to authorize the project could not be challenged under reconsideration.

Inspection is another important aspect of the proposed enforcement system. Qualified persons, such as federal or territorial officers, would be authorized under the Mackenzie Valley Resource Management Act to inspect projects for compliance with the conditions of development certificates. The inspectors would have broad authority to enter and examine premises. They could also prohibit or limit access to premises. If an inspection uncovered evidence of an activity that contravened part 5 of the act, the inspector could issue an order to cease the activity and to mitigate the effects of the activity.

To deter proponents from interfering with the work of inspectors, this part of the enforcement system would include more stringent measures. Rather than civil sanctions, violators would be subject to criminal prosecution. It would be a criminal offence to obstruct inspectors, for instance, or to knowingly provide them with false or misleading information. It would be an offence to carry out development without the proper authority or to contravene an order to cease an activity.

Offenders would face stiff penalties. Conviction for a first offence, for example, could lead to a fine of up to $250,000 and a one-year prison sentence. The maximum fine for subsequent offences would rise to $500,000. This part of the enforcement system would also feature important checks and balances. For instance, an action could not be subject to both an AMP and a criminal sanction.

As my hon. colleagues can now appreciate, the legislation before us envisions an effective enforcement system. Proponents would be required to abide by specific conditions set out in development certificates. To promote compliance, the system would include sanctions corresponding to the seriousness of a violation or offence. As well, the system would incorporate a series of checks and balances to prevent potential abuses of process.

I am convinced that such an enforcement system would enable northerners to maximize the potential benefits of resource development and to minimize the potential environmental impacts. I will vote in favour of Bill C-88 at second reading, and I urge my hon. colleagues to do the same.

The years involved in negotiating these settlements, land claims and self-government settlements are a remarkable testament to parliamentarians and to Canada. These agreements are working very well. As I said previously, one of my greatest moments in Parliament was to get the Tlicho land claims and self-government agreement through Parliament.

We have to maintain the honour of the Crown, maintain respect for those constitutionally protected agreements and make sure that we do not pass legislation that would infringe on those agreements.

Larry Bagnell

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