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

[The Deputy Speaker, Conservative, Chris d'Entremont]

That is not a point of order, but it is a good point, nonetheless.

The hon. member for Cloverdale—Langley City.

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

Mr. Speaker, I would simply offer that, if we are going to have these inflammatory questions, we should be able to address them. That is what I am doing. I am saying that climate change is real. It is happening, and there is a cost to the inaction of not dealing with it.

Bill C-49 clearly addresses that. British Columbians have had a price on carbon in my province since 2008, and it is one of the mechanisms to help reduce the impacts of consumer behaviours. The point is simply that we need to take action. Clean energy is important, and Bill C-49 will get us there.

[Christine Normandin, Bloc, Saint-Jean, QC]

Mr. Speaker, there is indeed a cost associated with inaction. I get the impression that certain things have been included in this bill simply to make us believe that they really want to tackle climate change. For example, the bill provides for the withdrawal of petroleum exploration licences.

However, seeing that the government is allowing petroleum production to double in northern Newfoundland, does my colleague get the impression that the government could one day use what is in the bill to prevent potential projects from moving forward?

Then again, does he think that it is just there to make this bill easier to swallow, given the potential effect it will have on climate change?

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

Mr. Speaker, Bill C-49 is a clear demonstration of our government's commitment to that transition to clean energy. We will have, for the short term, continued extraction of carbon-based fuels in our country. Bill C-49 would be a very important way of enabling the offshore energy boards to bring in clean energy, such as wind. I talked in my speech about how important this is for sustainable jobs and the economy, and to help us tap into what is needed in the world right now to decarbonize our economy.

I do not necessarily agree with my colleague's premise, but I think this is an important step in making sure that clean energy is available in Newfoundland and Labrador and Nova Scotia for clean energy projects.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, since 2019, we have seen net profits of the oil and gas sector go up by over 1,000% and the refining sector by 40%, and we know the product they make is directly contributing to climate change, causing billions of dollars in damage and great harm to our agricultural sector. The Conservatives want us to believe a magical fairytale that it is somehow the carbon tax's fault.

Would my hon. friend agree that this is a fundamentally unserious party when it comes to dealing with the causes of climate change and inflation? It is about time they got off their unicorn and started being level with Canadians.

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

Mr. Speaker, my hon. colleague from British Columbia asked an excellent question. I could not have said it any better myself. I think we need all parties to come together in the House to work on advancing clean energy and the transition to decarbonize our economy.

Bill C-49 is a clear demonstration of the east coast's commitment to that transition. The provinces, Newfoundland and Labrador and Nova Scotia, are clearly asking for this. It is up to the House to provide this enabling legislation so provincial legislation can follow, and projects that are already being studied can get developed. It is a very important piece of legislation. I ask all parties to come together quickly to get this legislation through the House.

[Clifford Small, Conservative, Coast of Bays—Central—Notre Dame, NL]

Mr. Speaker, as with most Liberal legislation, when it comes to Bill C-49, an act that would amend the Atlantic accord, the devil is always in the details. This bill is a framework for the development of offshore wind energy in Atlantic Canada, and it is necessary, but it needs to be done right.

In my speech today, I will address concerns brought to me by the fishing industry, in my role as shadow minister for Fisheries and Oceans, and by representatives and stakeholders in the oil and gas industry. As I am the only MP from Newfoundland and Labrador who has the freedom to address the shortcomings of Bill C-49, stakeholders from these industries have put their faith in me to address their concerns on the floor of the House.

I will start with what I have heard from representatives of seven fish harvester organizations, which are mainly in Nova Scotia and Newfoundland and Labrador, as well as throughout Atlantic Canada. The main concern raised by stakeholders is the lack of detail on the consultation process required with their industry.

Most in the industry, including those who sat in on an information session on September 12 by the committee for the regional assessment of offshore wind development in Newfoundland and Labrador, are concerned about the process. Lobster fishermen I met with in Nova Scotia are concerned with how offshore wind energy will impact their ability to fish.

The Liberal government, which is heavily influenced by hard-core environmentalists who often proclaim themselves to be stakeholders, does not have a good track record when it comes to setting aside areas where fishing activity is no longer permitted or where new restrictions are put in place.

The fishing industry is not against development of offshore wind energy. However, from its point of view, Bill C-49 pays lip service to consultations.

Bill C-49—Notice of Time Allocation Motion

[Steven Guilbeault, Liberal, Minister of Environment and Climate Change]

Mr. Speaker, an agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the second reading stage of 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.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.