The Oil Tanker Moratorium Act prohibits oil tankers that are carrying more than 12,500 metric tonnes of crude oil or persistent oil as cargo from stopping or unloading crude oil or persistent oil at ports or marine installations located along British Columbia’s coast from the northern tip of Vancouver Island to the Alaska border. The Act prohibits loading if it would result in the oil tanker carrying more than 12,500 metric tonnes of those oils as cargo; prohibits vessels and persons from transporting crude oil or persistent oil between oil tankers and those ports or marine installations for the purpose of aiding the oil tanker to circumvent the prohibitions on oil tankers; and establishes an administration and enforcement regime that includes requirements to provide information and to follow directions, and provides for penalties up to a maximum of five million dollars.

This bill seeks to protect the BC coast that many First Nations call home. The transport of crude oil on this coastline brings with it a number of ecological and financial risks (tourism, fishing, etc.). There has been a voluntary “tanker exclusion zone” in place since 1985.

This bill was very contentious; the Senate vote was 49-46 in favour, and the Senate committee it was referred to recommended that the bill no longer proceed.

The Government of Alberta is planning to challenge the constitutionality of this bill in court.

The AFN was supportive of this legislation, including participation as witnesses in Senate committee once.

This legislation supports the concept that Indigenous knowledge is essential in the protection and preservation of the environment and in the monitoring and mitigation of the adverse effects of climate change. Fish and their ecosystems play an integral role in the livelihoods of First Nations in BC and across Canada, and incorporating Indigenous knowledge in future fishery projects and proposals is vital to preserving this unique relationship.

The AFN was supportive of this legislation, including participation as witnesses in House of Commons’ committees once and Senate committees once. Nine resolutions were passed over the last three years to mandate the AFN to engage on this piece of legislation. AFN hosted almost a dozen technical sessions over the past two years to facilitate information sharing and engagement with First Nations on the lead-up to Bill C-69.

This bill is aimed at completely changing the way major infrastructure projects are assessed and approved. This bill came in the wake of the Trans Mountain Pipeline decision from the Federal Court of Appeal, which ruled that Indigenous groups were not consulted properly and that Environmental concerns were not properly addressed. While the Bill is not perfect, it brings the Impact Assessment process into alignment with Canadian law. This includes: the inclusion of First Nations rights, considerations of Indigenous knowledge, and enhanced First Nations participation throughout the process. Bill C-69 is unique in that it makes explicit reference to the UN Declaration on the Rights of Indigenous Peoples.

This bill was extremely contentious with 188 amendments being proposed by the Senate and 99 of them being adopted. One of these amendments was reducing the power of cabinet in the assessment of these major projects and deferring it to a third-party. The final Senate vote for the acceptance of the House of Commons note on the amendments (not all of them being accepted) was 57 to 37.

The Government of Alberta is planning to challenge the constitutionality of this bill in court.

The AFN was opposed to this legislation, including participation as witnesses in House of Commons’ committees once and Senate committees once.

This bill will infringe on hunting rights and autonomy rights for First Nations through the prevention of access (moving from a five year background check to a full background check means First Nations individuals who have criminal records as a result of systemic discrimination will not be permitted ownership), the limitation of transportation, and the new data being collected that poses a privacy risk. The transportation restrictions also put more responsibility on First Nations police services that are already under-funded.

The AFN was opposed to this legislation, including participation as witnesses in House of Commons’ committees once and Senate committees once.

This bill will infringe on hunting rights and autonomy rights for First Nations through the prevention of access (moving from a five year background check to a full background check means First Nations individuals who have criminal records as a result of systemic discrimination will not be permitted ownership), the limitation of transportation, and the new data being collected that poses a privacy risk. The transportation restrictions also put more responsibility on First Nations police services that are already under-funded.