Bill C-49

An Act to amend the Canada—Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to other Acts

This enactment amends the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act to, among other things,
(a) change their titles to the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act and the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act , respectively;
(b) change the names of the Canada–Newfoundland and Labrador Offshore Petroleum Board and the Canada-Nova Scotia Offshore Petroleum Board to the Canada–Newfoundland and Labrador Offshore Energy Regulator and the Canada–Nova Scotia Offshore Energy Regulator, respectively (“the Regulators”);
(c) establish the Regulators as the regulating bodies for offshore renewable energy projects;
(d) establish a land tenure regime for the issuance of submerged land licences to carry out offshore renewable energy projects, as well as the revenues regime associated with those licences and projects;
(e) establish a ministerial decision-making process respecting the issuance of submerged land licences and the Regulators’ exercise of certain powers or performance of certain duties;
(f) expand the application of the safety and environmental protection regime and its enforcement powers to include offshore renewable energy projects;
(g) provide that the Governor in Council may make regulations to prohibit the commencement or continuation of petroleum resource or renewable energy activities, or the issuance of interests, in respect of any portion of the offshore area that is located in an area that has been or may be identified as an area for environmental or wildlife conservation or protection;
(h) authorize negotiations for the surrender of an interest, the cancellation of an interest if negotiations fail and the granting of compensation to an interest owner for the surrender or cancellation;
(i) establish the regulatory and liability regime for abandoned facilities relating to petroleum-related works or activities or offshore renewable energy projects;
(j) expand the application of the occupational health and safety regime to offshore renewable energy projects;
(k) allow the federal or provincial governments to unilaterally fund certain expenses incurred by the Regulators as a result of specific requests made by that government;
(l) allow new methods to demonstrate the existence of significant hydrocarbon accumulations in a geological feature and limit the duration of future significant discovery licences to 25 years;
(m) provide that the Governor in Council may make regulations to regulate access to offshore infrastructure, including to enforce tolls and tariffs;
(n) establish a new transboundary hydrocarbon management regime to regulate fields or pools that straddle domestic and international administrative boundaries, enabling the implementation of the Canada-France transboundary fields agreement;
(o) remove references to the former Canadian Environmental Assessment Act, 2012 and, to align with the Impact Assessment Act , clarify the role of the Federal and Provincial Ministers and Regulators with respect to the conduct of impact assessments of designated projects as well as regional and strategic assessments; and
(p) specify that the Crown may rely on the Regulators for the purposes of consulting with the Indigenous peoples of Canada and that the Regulators may accommodate adverse impacts to existing Aboriginal and treaty rights recognized and affirmed by section 35 of the Constitution Act, 1982 .
Finally, it makes consequential and terminological amendments to other Acts.

Canada-Newfoundland and Labrador Atlantic Accord Implementation Act

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, I find it interesting that the Conservatives across the way talk about listening. I appreciate the comments the member has put forward, but I want to focus on giving a comment that she can respond to.

When we look at the support for this legislation, Premier Andrew Furey has said, “Newfoundland and Labrador is perfectly positioned in a green energy transition. Part of that transition requires offshore wind so our province can become a world leader in green hydrogen. We continue to support the Government of Canada on Bill C-49 and urge other federal parties to do the same.”

We can talk about one province affected by this, and in fact, all of Atlantic Canada. There is a very powerful message here. If one supports the Atlantic region and potential economic and opportunities in the future, why would the Conservatives not support legislation of this nature?

[Monique Pauzé, Bloc, Repentigny, QC]

Mr. Speaker, I thank my colleague for the question. I must say that my hon. colleague is always present and always has questions. I am always amazed. Sometimes I wonder if he ever sleeps because he must be studying every bill.

Why are the Conservatives against this? Every time we talk about climate change, the Conservatives are against it. We always wonder if they believe in fighting climate change. They do not make the connection between health and climate change; they do not tie these two things together, when it is very important.

However, coming back to Bill C‑49, there are rules for future offshore wind projects, but the government wants to pursue oil projects. We take issue with the government saying one thing and doing another. It is typical of the Liberal government.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Mr. Speaker, the hon. member was entirely too charitable to the member for South Shore—St. Margarets, because I heard him say that this year was just an unusual year and we will go back to normal soon. What we have is an example of a Conservative front-bencher, who obviously enjoys the favour of the Conservative leader, denying climate change in this very chamber, denying the evidence of fires and denying the evidence of the floods that took place in Nova Scotia.

I wonder if the member would like to revise her evaluation of the climate-denying Conservatives.

[The Acting Speaker, Bloc, Gabriel Ste-Marie]

Before moving on to the answer, the hon. member for Calgary Centre is rising on a point of order.

The hon. member for Calgary Centre.

[Greg McLean, Conservative, Calgary Centre, AB]

Mr. Speaker, I challenge the member who just spoke to provide what he is speaking about. I think he is reiterating a false narrative. There is no—

[The Acting Speaker, Bloc, Gabriel Ste-Marie]

I must respectfully interrupt my hon. colleague. In the Speaker's opinion, the member for Calgary Centre's remarks are a point of debate in the House. He will have an opportunity to take part in the debate and ask his questions.

Did I misunderstand? Does the hon. member for Calgary Centre want to clarify his remarks?

[Greg McLean, Conservative, Calgary Centre, AB]

I interrupted, Mr. Speaker, because what the member was saying is a gross misstatement about those in the front row of this party. If the member is going to put that out there and is going to state it in Hansard, it had better show up, as opposed to being complete deceit to the House.

Mr. Speaker, I am asking you to respect the rules of the House and check into the facts of what the member is stating.

[The Acting Speaker, Bloc, Gabriel Ste-Marie]

I thank my hon. colleague for his comments.

After verifying with the table officer, this is a point of debate. The hon. member or his colleagues will have the opportunity to participate in the debate.

Without further delay, the hon. member for Repentigny has the floor to answer the question.

[Monique Pauzé, Bloc, Repentigny, QC]

Mr. Speaker, the Bloc Québécois often finds that, when either the Conservatives or the government members open their mouths, all we hear are speeches from oil companies.

When I think about Bill C‑49, what comes to mind is an image of oil wells with wind turbines on top them. The content of this bill looks a little bit like that. This bill could be worthwhile, but some of the decisions go completely against combatting climate change and keeping Canada's international commitments.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Mr. Speaker, to my hon. colleagues, Conservatives believe in climate change. We just do not believe that this carbon tax is doing anything to fight the climate crisis we are facing. It is punishing Canadians.

If the Liberals do not want to believe me, perhaps they will believe a Liberal MP from Newfoundland, the member for Avalon, who stood up, finally, and said:

I think [the carbon tax is] hurting them a fair bit. Everywhere I go people come up to me and say, “We're losing faith in the Liberal Party.”

...They can’t afford to heat their homes and that’s hard to hear from especially seniors who live alone and tell me that they go around their house in the spring and winter time with a blanket wrapped around them....

Would our hon. colleague please comment on that? A Liberal MP is finally standing up and saying the carbon tax is punishing Canadians.

[Monique Pauzé, Bloc, Repentigny, QC]

Mr. Speaker, we are back to debating the carbon tax. I would just like to remind everyone that it does not apply in Quebec.

In fact, the member for Bellechasse—Les Etchemins—Lévis was a minister in Jean Charest's Quebec government when the carbon exchange was created. She knows full well that it does not apply in Quebec.

I guess the member does not have enough influence in her caucus.

[John Aldag, Liberal, Cloverdale—Langley City, BC]

Mr. Speaker, it is a pleasure to see you in the chair today.

I appreciate having the chance to stand in the House today to speak to Bill C-49. I would like to mention that as I deliver my comments I do so on the unceded traditional territory of the Algonquin Anishinabe peoples.

I would like to begin by acknowledging the fact that the other side likes to downplay and ignore climate change. As a member of Parliament from British Columbia, I can tell members that my constituents have faced some of the worst impacts of fires and floods, which have been exacerbated by climate change. From winter storms taking down power lines in Quebec to storms battering our coasts, the fact is that the climate crisis is a serious issue that requires serious responses. Today, we are here to talk about a plan to help expand job-creating climate action in Atlantic Canada, which is certainly a region that has seen no shortage of climate impacts.

Let us take Nova Scotia. Nova Scotia’s workers and their families have been through not one, not two, but three climate disasters in the last 13 months: hurricane Fiona, the wildfires in the Halifax Regional Municipality and Shelburne County, and the flash flooding that tragically led to the deaths of four Nova Scotians, including three children. It is time to stand behind the people of Nova Scotia and all of Atlantic Canada as we move forward with opportunities that will support the fight against climate change and benefit the region’s long-term economic future.

Developing the offshore renewable energy industry should be a priority for all members of Parliament, which is precisely why I am here today as a member of Parliament from British Columbia. Enabling the offshore renewables industry to move forward will not only help the people who live and work in Nova Scotia and Newfoundland and Labrador, but also help Canada as a whole in the effort to do the following: help reduce emissions and meet emissions targets; create a clean, reliable and affordable grid; create good-paying sustainable jobs; enhance Canada's ability to compete in the global low-carbon economy across all sectors; and, further grow our economy today.

It is clear that Nova Scotia and Newfoundland and Labrador’s workforces are ready to move forward with these offshore opportunities. The citizens of these provinces have the skills we need, and they bring generations of experience in a range of marine industries to the table. Like British Columbians, our east coast colleagues are talented in other areas that are expected to benefit the offshore renewable energy industry, including shipbuilding, aquaculture, defence, research and ocean technology.

My Atlantic colleagues have been clear when they have spoken in this chamber. These provinces, and the livelihoods of all who call them home, have been shaped by the sea, providing rich maritime heritage and a passion for the environment, both of which make offshore wind and other renewable energy projects a natural fit for Nova Scotians and Newfoundlanders and Labradorians.

Of course, they also benefit from the geography and energy context that makes these projects so attractive. Nova Scotia’s current energy mix means that affordable and reliable offshore wind power will support lowering prices for ratepayers, and as Newfoundland and Labrador uses its hydro capacity to support the electrification of buildings, industry and transportation, more and more power will be needed in the future. This is true across the country, yet the offshore potential of Atlantic Canada is one of the greatest on earth. Unlocking this potential is a critical part of achieving our commitments to the global fight against climate change.

Members on the other side like to bury their heads in the sand and ignore the climate crisis, as we see time and again in this place. Our side knows that ambitious action provides us with an opportunity to show the world that Canada is a reliable partner and leader in solving the great challenge of our era in a manner that supports the creation of sustainable jobs. To ensure we honour our commitments to Canadians and the world, and to ensure our economy does not surrender opportunity to our competitors as the rest of the world races towards net zero, we need to move quickly. That urgency brings us to the business before us today, and our provincial counterparts agree that we must move quickly.

Nova Scotia, for instance, has stated that coal-fired power plants are going to become a thing of the past by 2030, and that 80% of the province’s power will, by then, come from clean energy. That is only six years away. Nova Scotia’s Progressive Conservative government and citizens are asking for this House to get this bill passed so they can start building the renewable energy they need.

Atlantic Canadians, in particular, are calling on the Conservative Party to end its campaign of climate action obstruction and join us in passing this bill. Everyone is asking the Conservative Party to stop blocking jobs, investments and the renewable energy that will power their homes and businesses. The question is whether or not the leader of the Conservative Party will take his head out of the sand and heed this call.

Make no mistake. We will advance this legislation and deliver for Atlantic Canada either way. Doing so makes sense from both an environmental and economic perspective.

The potential for job creation and environmental benefits in renewable energy is so strong in Nova Scotia that the provincial government has already made several significant moves toward making offshore renewable energy projects a reality in preparation for this bill’s passing. Nova Scotia has joined the federal government in carrying out the regional assessment on offshore wind that is currently under way. Right now, the regional assessment committee is hosting public open houses to provide information on the process itself and get feedback on potential project locations.

Nova Scotia also released the first module of their offshore wind road map in June, which clearly delineates its vision for offshore wind energy and the regulatory pathway and timelines for project development. The road map provides certainty for businesses looking to invest, as well as giving a line of sight on what is coming for stakeholders, indigenous groups and other interested parties. The road map also outlines the seabed leasing opportunities, noting that access to seabed rights that are solely under the province’s jurisdiction could be available for commercial projects as early as next year.

For this to happen, Bill C-49 needs to pass quickly through this chamber. I again encourage my Conservative colleagues to listen to the people of Atlantic Canada, as well as both the Liberal Premier of Newfoundland and Labrador and the Progressive Conservative Premier of Nova Scotia. I encourage them to reverse their thoughtless and ideological position and vote in favour of this common-sense bill. Bill C-49 affords the House the opportunity to deliver good sustainable jobs, good renewable energy projects and major economic opportunities for all while combatting climate change.

The two boards, the C-NLOPB and the CNSOPB, which has held the provinces’ offshore energy industry accountable for many years, are the natural choice to take on an expanded mandate for the regulation of the provinces’ offshore energy projects. It is a perfect fit. The offshore board already ensures that licensed project operators adhere to offshore regulations. It engages and consults with stakeholders, indigenous groups and the public to get feedback on potential and existing projects. It has years of experience in offshore safety and environmental protection and holds operators to account through the boards’ comprehensive compliance and enforcement activities.

The boards are also an excellent collaborator. They have put several agreements and memoranda of understanding in place with other organizations and agencies to make it easier for them to share information, expertise and resources with each other and coordinate their initiatives. This includes agreements with the Canadian Coast Guard, Transport Canada, the Impact Assessment Agency of Canada, Employment and Social Development Canada, Environment and Climate Change Canada, Fisheries and Oceans Canada, the Canada Energy Regulator, Natural Resources Canada, the Transportation Safety Board and more. With these many agreements already in place, the offshore boards are a clear and logical choice for overseeing the development of offshore wind projects, as well as other renewable energy projects off the shores of Nova Scotia.

Economically, this bill makes good financial sense. We have heard that it is expected that as much as $1 trillion will be invested in offshore wind globally by 2040. That investment is already starting to flow to offshore markets around the world. This is why it is so urgent that the Conservatives end their opposition to these jobs and investments so that all members of Parliament can come together to get Bill C-49 passed.

We need to seize this massive economic opportunity, not just for Atlantic Canada but for all of Canada. This bill is key to ensuring that our country is a leader in the global race to net-zero. All members of all parties of all regions should not delay this bill any further, or else we will throw away the opportunity to attract investment, the opportunity to build a world-class offshore wind industry and the opportunity to create the thousands and thousands of jobs associated with it.

Bill C-49 makes sense for Atlantic Canada’s workforce, and Canada more broadly. When Canada builds major new industries, Canadians from across the country contribute and benefit. The benefits of this economic activity help to spur waves of labour development, and that is critical to the economic well-being of Canada as a whole, along with the restoration of many coastal communities in Newfoundland and Labrador and Nova Scotia.

The world needs Canadian clean energy and technologies in order to advance the fight against climate change and access long-term energy security. When Chancellor Scholz came to Newfoundland and Labrador last summer, he made it clear that Germany is looking to buy clean Canadian hydrogen made from offshore wind.

I am happy to take questions about Bill C-49, a very important piece of legislation.

[Cathay Wagantall, Conservative, Yorkton—Melville, SK]

Mr. Speaker, the member for Cloverdale—Langley City indicated that he stands behind the people of Atlantic Canada. Is he also prepared to say that he stands behind his colleague from Avalon, who represents those people in the House, when he answered a question last night?

Last night, he was asked if the Minister of Environment was “the right messenger for that part of the country on this”. The member responded, “No, he's not, because he's so entrenched in this, and I get it, I mean, where he came from and this whole idea of making a big difference in climate change, but you can't do it all overnight. You can't make it more expensive on people than what they can handle, and that's exactly what's happening right now.”

Will the member stand with his colleague on behalf of the people in Canada who are struggling under the carbon tax system? Will they support us in removing it from the backs of Canadians?

[John Aldag, Liberal, Cloverdale—Langley City, BC]

Mr. Speaker, it is a very unfortunate situation that we have the official opposition still denying that climate change is upon us.

We need to take action. There is a cost to not dealing with climate—

[Cathay Wagantall, Conservative, Yorkton—Melville, SK]

Mr. Speaker, on a point of order, in no way could the question I just asked the member be interpreted as to say that I do not support climate change and the need for Canadians to—