An Act to amend the Canadian Environmental Protection Act, 1999

This bill was last introduced in the 39th Parliament, 2nd Session, which ended in September 2008.

Sponsor

Gerry Ritz  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Canadian Environmental Protection Act, 1999 to provide for the efficient regulation of fuels.
It also provides for a periodic and comprehensive review of the environmental and economic aspects of biofuel production in Canada by a committee of Parliament.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

May 28, 2008 Passed That the Bill be now read a third time and do pass.
May 28, 2008 Passed That this question be now put.
May 27, 2008 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “Bill C-33, An Act to amend the Canadian Environmental Protection Act, 1999, be not now read a third time but be referred back to the Standing Committee on Agriculture and Agri-food for the purpose of reconsidering Clause 2 with a view to making sure that both economic and environmental effects of introducing these regulations do not cause a negative impact on the environment or unduly influence commodity markets.”.
May 1, 2008 Passed That Bill C-33, An Act to amend the Canadian Environmental Protection Act, 1999, as amended, be concurred in at report stage.
May 1, 2008 Failed That Bill C-33, in Clause 2, be amended by replacing line 13 on page 3 with the following: “Canada, including a review of the progress made in the preparation and implementation of the regulations referred to in subsection 140(1), should be undertaken by such commit-”

Canadian Environmental Protection Act, 1999Government Orders

January 30th, 2008 / 5:20 p.m.
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NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, I thank my hon. colleague for giving us his point of view, especially when he spoke to the larger issues of energy policy, where much of this has to fit into the design of a green energy future for Canada and for Quebec.

One of the largest debates in Quebec right now is about the importation liquefied natural gas to the province. It is my understanding the Bloc has not taken the position of opposing this. Natural gas is used for space heating. Biomass energy and biological fuels can be used as well for the same purpose.

Is there not a higher quality in developing green energy in Canada for the use by Quebeckers over the importation of a potentially very expensive form of energy from places like Russia and Qatar?

Canadian Environmental Protection Act, 1999Government Orders

January 30th, 2008 / 5:25 p.m.
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Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, I thought it was rather clear in my speech that promoting the use of renewable energy is completely consistent with sustainable development. This is what Quebec has been wanting for a long time.

Earlier, I heard one of my colleagues give some examples of what Manitoba and other provinces with rather interesting renewable energy policies are doing.

It is always very important to keep developing these types of products instead of importing gas or other energies. That is obvious. However, as I said earlier, we must understand that biofuels and all the new technologies are still in the experimental stage. We cannot wake up one day and say that we are changing our production and that we are using only such-and-such a product to fulfill or meet our needs, in the industries, in the transportation sector, or elsewhere. If we do nothing, we will certainly remain dependent on oil and other expensive energies. However, if we are smart and keep investing the necessary money and implementing the necessary policies, while still respecting the importance of sustainable development, we will clearly be able to wean ourselves off these very expensive energies at some point.

Canadian Environmental Protection Act, 1999Government Orders

January 30th, 2008 / 5:25 p.m.
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Conservative

James Bezan Conservative Selkirk—Interlake, MB

Mr. Speaker, my esteemed colleague from the Bloc is the vice-chair of the agriculture committee and is very learned on this topic. We enjoy a great relationship while working on issues that are important to farmers across the country.

He talked about other types of biofuels and biomass. Outside of Montreal, Rothsay has a biodiesel plant that is based upon using animal byproducts, the fats from rendered product, to make biodiesel. It has proven to be extremely successful. I can see that business expanding across the country thanks to the good work at its plant outside of Montreal.

Iogen, just outside of Ottawa, has been working on developing cellulose ethanol and is getting further down the line to seeing that technology commercialized. This will also provide another marketplace for our agriculture producers, whether it is waste coming out of livestock yards, or the straw left out in the fields after harvest, or making use of things like wood chips from the pulp and paper industry or the lumber industry. There is an opportunity to take waste material and turn it into a valuable product.

I am glad my esteemed colleague has made the intervention outlining the fact that those benefits are there for agriculture as well, on top of this great new story for all farmers across the country.

Canadian Environmental Protection Act, 1999Government Orders

January 30th, 2008 / 5:25 p.m.
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Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, that is not really a question but rather a compliment for my speech. Many thanks to my colleague, whom I hold in high regard as well.

He is quite right. As the chair of the Standing Committee on Agriculture and Agri-Food, he is passionate about the evolution of agriculture; however, we do not always agree on everything. He feels the same way and therefore it is mutual.

There are definitely very interesting prospects for cellulose ethanol—as he just said—and all types of residue. This would benefit not only the agricultural sector but the forestry sector as well. What do we currently do with residue and animal waste? We throw them out. Often we even have to pay to dispose of them.

At some point, if it becomes possible to recycle this type of waste into biofuel, everyone will win.

The House resumed from January 30 consideration of the motion that Bill C-33, An Act to amend the Canadian Environmental Protection Act, 1999, be read the second time and referred to a committee.

Canadian Environmental Protection Act, 1999Government Orders

January 31st, 2008 / 5:25 p.m.
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NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, it is a pleasure to have the opportunity to speak to Bill C-33. It is important that we look at the provisions of the Environmental Protection Act dealing with fuels as part of a long range study on the impact of biofuels, not only in Canada but also throughout the world.

We support the bill in principle because of its potential benefits to farmers who finally, thanks to the surge in the biofuel industry, have at least a better chance to make a profit from going green.

My party and I also support increased funding and an expanded mandate for the Canadian Co-operative Association, specifically renewed funding for the cooperative development initiative, beginning as of April. Cooperatives, as we know, can be a very important part of this whole biofuel initiative.

When dealing with growing crops for fuel, however, we must look at it under the umbrella of food production. Does the cultivation of corn, for example, or wheat for fuel take away land which has been used to grow food. That is a fundamental question not only in our country, but throughout the world. This is an important question in light of the dwindling stocks of food supply in the world. I will try to come back to this later.

In Canada, Manitoba has attempted to reach what I call a healthy compromise in the food versus fuel debate. It has taken a three point approach to biofuels, which include agriculture, the greenhouse gas effect and the economy. It is using local grain and also some from Saskatchewan.

The federal program proposed by Bill C-33, however, opens the door to the import of sugar and palm oil, which are potential food stocks, and in many instances the cultivation of these commodities in the southern hemisphere has proven to be devastating for the environment as well as for local farmers. We have to be careful. We need a planned, balanced, moderate approach.

The province of Manitoba has determined that 10% of its grain and oilseed stock is not food grade and can thus be used for the value added industry. For example, wheat can be broken down to sugar for ethanol and protein for animal feed. We see in Manitoba a concrete result for farmers. There is now a market for B grade crops and winter wheat, and winter wheat is still being grown.

Canadian Environmental Protection Act, 1999Government Orders

January 31st, 2008 / 5:30 p.m.
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Conservative

The Acting Speaker Conservative Royal Galipeau

Order, please. It being 5:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.

When we return to the study of Bill C-33, there will be 17 minutes left for the hon. member for British Columbia Southern Interior.

The House resumed from January 31 consideration of the motion that Bill C-33, An Act to amend the Canadian Environmental Protection Act, 1999, be read the second time and referred to a committee.

Canadian Environmental Protection Act, 1999Government Orders

February 1st, 2008 / 10:05 a.m.
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Liberal

The Speaker Liberal Peter Milliken

When the House last debated the bill now before us, the hon. member for British Columbia Southern Interior had the floor and there are 17 minutes remaining in the time allotted for his remarks.

I therefore call on the hon. member for British Columbia Southern Interior.

Canadian Environmental Protection Act, 1999Government Orders

February 1st, 2008 / 10:05 a.m.
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NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, yesterday I was at the point where I was discussing the biofuel example in Manitoba. Manitoba wants to get concrete results for farmers. The introduction of co-ops is also being considered, which is the way to go. If farmers can somehow get involved in the whole aspect of the industry, not just as suppliers, that is the way to go.

Both the federal and Manitoba governments have a subsidy for blenders. Federally, it is 10¢ per litre for ethanol and 20¢ per litre for biodiesel, guaranteed for three years. A $20 million biofuels opportunities for the producers initiative program runs from April 1 of this year until the March 31, 2017. In Manitoba, subsidies to the blenders will start at 20¢ a litre but will decrease by 5¢ every two years so that by 2016 there will be no subsidy to the industry.

This seems a more reasonable approach. In other words, by this time if this industry is not making a profit and there is a downturn in biofuels consumption, then government should not be injecting new funds into this enterprise.

It is important to look at the politics of the whole biofuel industry, not only in North America but in the world. While we were in Washington, the agriculture committee was told that the U.S. government's ethanol corn initiative was there to fulfill its need for increased consumption of fuel. In other words, the U.S. does not want to import any more oil as its consumption goes up. This increase is to be met by the production of corn and other commodities to make ethanol.

What we are seeing is a dangerous precedent. Instead of encouraging a decrease in oil consumption on fossil fuels, the U.S. government is encouraging an increase by growing corn. As we have seen from the research, corn is not an efficient energy input-output commodity. For every one unit of energy of corn, we may get 1.5 units of fuel, if that.

If we look at all of the input from fertilizer for fuel for machinery and transportation, we need to question the efficiency of corn ethanol production. This is why I advocate and my party is saying that we must discuss this bill in committee as part of an overall discussion in our country on the whole aspect of biofuels.

Today the reality is that big agriculture, big oil and big biotech are in the biofuels driver's seat. It is Husky Oil that has opened the ethanol refineries in Manitoba, which is a good idea and it is helping farmers, but it is the big corporations that are in the driver's seat. Our challenge and the challenge of governments is to work with them and ensure the benefits of this industry go to the producers and Canadians who always strive to meet their obligation to reduce greenhouse gases.

For example, of the 119 ethanol plants in the U.S., currently 49 are still owned by farmers. However, of the 90 plants currently under construction in the U.S., about 90% are corporate owned. By having the biofuel industry firmly in control by the major multinationals, the role of the farmer is reduced solely to that of supplier. If refineries then are allowed to import feedstock from underdeveloped countries or even from heavily subsidized U.S. farmers, our primary producers will once again be left out in the cold and at the mercy of these multinationals.

There is also the question of genetically modified foods. When major corporations step up biological research, we will be faced with the issue of GMOs. For example, there is the contamination of other crops, the debate in Europe about Monsanto corn, and so on.

Biofuels have a role to play in a comprehensive renewable energy strategy, but we have to continue to keep a close eye on them to avoid problems like the ones that have occurred in the south.

If taxpayers are to assume the burden of funding this industry, then we must make sure that our ability to ensure food safety is not threatened or diminished. We also have to make sure our policies do not threaten another country's food safety, that we get real results when we reduce greenhouse gas emissions and that the industry is not subsidized once it is established, as is the case in Manitoba.

Finally, we must continue to encourage a decrease in fuel consumption. In the long term, this is the most important factor in a fuel-based economy.

As we begin debating the idea of biofuels as a possible solution to part of our energy needs, we must not forget food.

For the first time we are seeing the emergence of a truly global agricultural market driven by the underlying force of all economic activity. The scarcity of goods, wheat supplies for example, have reached a 30 year low. In only one year, inventories in the European Union have dropped from 14 million tonnes to only 1 million tonnes.

We need to ask ourselves how humankind will be able to feed itself in the future and at what price. How can agriculture feed the world that grows by 80 million people each year? When we take land out of food production to produce fuel, we obviously complicate this matter and we need to find a balance.

If we come back to our local agricultural industry, we have seen that the demand for biofuels has driven up the price for corn, which is good if one is a corn producer but not so good if one is raising cattle and already competing with the high Canadian dollar, the rising cost of inputs and other factors that are driving the cost production up.

Only yesterday we heard once again from representatives of the pork and cattle industry saying that their industry was in crisis. Some producers in Ontario are saying that they are losing at least $300 for every steer sold. We are seeing that they are not getting any immediate assistance from the loan program that they asked for. Small communities are going under. Part of this is because of the rise in prices of corn that they must use in that industry.

Somehow we must get a balance and also assist those in parts of the agriculture industry who are suffering because of this demand for biofuels. The government still has not been able to address the fundamental needs of these producers who are struggling to survive.

We are seeing more critics in the world speaking out against the biofuels industry and we need to take that into account. For example, the verdict of the OECD, consumer organizations like FoodWatch and even major food corporations like Nestlé, is devastating.

According to the OECD, expanded biofuels production will lead to untenable strains on the commodities markets without yielding significant benefits for the environment. FoodWatch is convinced that the strategy, while benefiting farmers, will do nothing to protect the climate. Germany's environmental expert counsel says that the industry raises expectations that fly in the face of acceptable science. Nestlé's CEO bluntly characterized biofuels production as environmental lunacy.

That does not mean we need to stop the whole aspect of moving forward in this industry. What this means is that we must undertake a very logical approach. We must see that as this industry moves forward we help the primary producer. We have seen that this has given the primary producer a stimulus to at least start making some money but at the same time we have a responsibility to feed not only ourselves but the world.

We must ensure that we do not get on the band wagon that we see happening south of the border where the American ethanol industry is creating what I would say in many respects havoc in other parts of the world where countries are scrambling to supply this growing demand for fuels.

As I said before, instead of the growing demand for fuels, we should be concentrating on decreasing our demand for fuels and fossil fuels in particular.

Much of what the energy farmers produce is offset by the amount of energy that goes into producing the plants in the first place. They consume fossil fuels to harvest plants, for shipping, for storage and for drying, not to mention the energy required to produce pesticides and fertilizers. The economic possibilities are also limited.

Even in the U.S., if the entire corn crop were converted into fuel, it would satisfy only about 12% of the demand for gasoline. For example, to fill a 100 litre tank of an SUV, an ethanol producer has to process about one-quarter tonne of wheat. This is enough wheat for a baker to bake about 460 kilograms of bread which has a total nutritional value of about one million kilo-calories, enough to feed one person for a year.

I would like us to take this debate forward and to look at biofuels from the aspects of the environment, of food security and from our ability as a nation to assist our primary producers, who are basically the best in the world, to continue producing food with help from us here in Parliament and, at the same time, not to make life more difficult for people in countries like Malaysia, Brazil and other places where family farmers are being forced from their farm to finance the big plantations for palm oil and ethanol from sugar.

Canadian Environmental Protection Act, 1999Government Orders

February 1st, 2008 / 10:15 a.m.
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Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I listened closely to the member and I believe he had a number of good points in his remarks on Bill C-33 and its positive implications on some sectors of agriculture and negative implications on others.

Given that the ethanol and biodiesel industry is subsidized, which naturally forces greater demands for some of the crops that go into ethanol and biodiesel and, as a result, does inflate the cost of feed for the beef and hog sectors which are suffering substantially right now, does the member believe that the government's policy is forcing prices up? Does he believe that the Government of Canada has an obligation to support the livestock industry in some fashion because it is partly responsible for the high cost of feed?

We certainly believe that the grain and oilseeds sector needs to receive good and profitable returns, but it is in part because of the inflationary impact, the push up in prices as a result of government policy, that is forcing prices up even more for the hog and beef sector. Is there an obligation on the part of government to bring some balance to the livestock sector by supporting that sector which it absolutely has not done?

Canadian Environmental Protection Act, 1999Government Orders

February 1st, 2008 / 10:20 a.m.
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NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, I thank my hon. colleague for his insight and knowledge into what is happening in the industry. As I mentioned earlier, we see that the push in biofuels is helping our grain and oilseeds sector, and that is good, but at the same time we see that this is one reason that the pork and cattle industry is going through such hard times. I must reiterate that some in that industry are calling today “black Friday”. They are saying that there has not been any help. They came before committee before Christmas and we made recommendations. However, nothing has happened. There has been no immediate aid to offset all of the factors that are contributing to their downward slide.

I agree with the fact that the government has the responsibility to assist the pork and cattle industry to get through these hard times, which in part has been caused by biofuels. We can do it. Why can we not do it? Other countries do this. Why can we not be good to our farmers and why can we not help all sectors of the agriculture industry?

Canadian Environmental Protection Act, 1999Government Orders

February 1st, 2008 / 10:20 a.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, my colleague from British Columbia Southern Interior has been a tireless advocate for farmers. In British Columbia food security has become a pressing issue where we are seeing the loss of some of our very precious agricultural land.

I paid very close attention to the member's speech and I wonder if he could comment on some of the concerns that have been raised around biofuels and genetically modified organisms. It is very disappointing that Canada has not taken a lead on putting a moratorium on GMOs, nor has it taken a lead on mandatory labelling of genetically modified food products.

One of the concerns that has been raised with this increasing push around biofuels is that it will encourage and support further growth in an industry that, in many of our views, is poorly regulated. We are certainly seeing some concerns raised under the security and prosperity partnership talks going on with this increasing look at harmonization. Many of us in Canada are very concerned around the fact that our food supplies do not have the protection that is required.

Could the member comment specifically on GMOs and what he sees needs to be done in order to prevent the creep into biofuels?

Canadian Environmental Protection Act, 1999Government Orders

February 1st, 2008 / 10:20 a.m.
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NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, I thank my colleague for sharing her comments and the concern of many in our country in regard to food security and GMOs.

One of the problems in having the big biotech industries involved in the push for biofuels is that there is more pressure to produce crops, to produce strains of weeds and corn that are genetically modified, in order to increase the harvest. But at the same time, if we introduce this into our environment, there is a very strong probability of contamination.

This is one of the reasons why we do not have genetically modified wheat in Canada. There was a very strong push to say no to this. Genetically modified crops can and do contaminate fields in their vicinity. As we have seen, there is the whole case of Mr. Schmeiser, who has been fighting against Monsanto and is still continuing to fight against this.

Also on the point of GMOs, research has been done. I met personally with Dr. Seralini from France, who has been doing extensive research on the negative aspects of GMO crops in regard to human health. The president of France has been very supportive and has put a stop to one type of Monsanto 810 corn, because studies have proven its negative aspects in regard to human health.

Therefore, as we start the debate on biofuels and GMOs, and I must emphasize that we are just starting, we have to take that into consideration. One of my tasks in Parliament at this time is to continue to push to eventually convince Parliament and the Government of Canada to put a moratorium on genetically modified food and seeds in Canada.

Canadian Environmental Protection Act, 1999Government Orders

February 1st, 2008 / 10:25 a.m.
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Liberal

Roy Cullen Liberal Etobicoke North, ON

Mr. Speaker, I congratulate the member for British Columbia Southern Interior. I am one of those who was here last night and heard the first part of his speech, and I made sure that I was here this morning to hear the conclusion. I certainly found it very stimulating and informative.

I know that he comes from the southern interior of British Columbia, a very environmentally pristine part of Canada with the Kootenays and the beautiful mountains and rivers. I know that it is a very environmentally conscious area.

One of the issues that I suspect is not in this bill because it is a bigger issue, and this is more of a housekeeping type of bill, and one of the things that troubles me, is about the Environmental Protection Act and the way it is applied with respect to the oil sands, for example.

Under the act and under the mandate of the Canadian Environmental Protection Agency, the agency is meant to look at projects incrementally, but the way I see it, many projects are coming on stream and I am not sure that the agency is actually looking at the cumulative impacts of these particular projects. I am not sure that the agency is actually looking at their impacts on the water resources and the Athabasca River basin, at the cumulative impact of CO2 emissions, which will grow and grow over the next little while, and at the impacts of the use, or the misuse, if I might put it that way, of natural gas to bring up the bitumen that has to be upgraded considerably to feed into the U.S. market.

While I understand the need for our U.S. colleagues and neighbours to the south to try to diversify their energy sources, it seems to me they need to understand that there are some environmental issues here, which we need to deal with.

There was an interesting announcement the other day, I thought, with the industry or some agency recommending the need for carbon capture and sequestration. Of course that is what we need to be doing, but it needs to be accelerated. I think there is a role for the federal government, but as for the industry saying that the federal government should bankroll $2 billion to accelerate the development and deployment of carbon sequestration technologies, first of all it is obviously an opening gambit, but I think we should be putting some of these projects on hold until we have solved, at least significantly, the problems of carbon capture and sequestration and also the impact on water resources.

I wonder if the member could comment on that.