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.

Bill C‑49—Time Allocation Motion

[Jonathan Wilkinson, Liberal, North Vancouver, BC]

Madam Speaker, fish harvesters, and the views of fish harvesters, are obviously extremely important.

I would say to my hon. colleague that these kinds of industries coexist in many countries around the world. This is not rocket science. However, it is important to listen. It is important to ensure that we are addressing the concerns that are raised, which is exactly what the regional assessment and environmental assessment is for. It is to hear those questions. Fish harvesters will absolutely be directly engaged in those conversations.

However, it is rich for the Conservatives to actually stand up after filibustering this bill for seven weeks in committee, talking about muscle cars and a range of things that had nothing to do with the bill, simply to try to block its progress. It is a shame.

If the member wants to actually listen to Atlantic Canadians, let me read for him some of the comments from Nova Scotia Conservative Party, Minister of Natural Resources, Tory Rushton, who said:

Offshore wind is Nova Scotia's greatest economic opportunity since the age of sail. There are tremendous opportunities for our coastal communities, for our province and for our country. We cannot afford to wait.

He also said:

In years to come, I think people are going to look back at this. Once this gets moving along, once Bill C-49 is passed, people will look at this decades from now and say, “Here was a move that made Nova Scotia a capital of renewable energy in the world.”

[Jonathan Wilkinson, Liberal, Minister of Energy and Natural Resources]

Madam Speaker, it is extremely important that the legislation move forward. As folks who understand how the Atlantic accords work would know, we worked on this in lockstep with the governments of Nova Scotia and Newfoundland and Labrador: every word, every period and every comma. It requires mirror legislation to be introduced in both legislatures after it actually goes through the parliamentary process here in Ottawa.

I will quote the two premiers, in terms of their anticipation of this act. Premier Furey said, “Newfoundland and Labrador is perfectly positioned in the 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 the other federal parties to do the same.”

Premier Houston of Nova Scotia said, “Bill C-49 is a necessary...step in unlocking our energy potential. There will be many steps along the road but we are hopeful that Bill C-49 passes so we can get started.”

Bill C-49—Notice of Time Allocation Motion

[Steven MacKinnon, Liberal, Leader of the Government in the House of Commons]

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

Business of the House

[Steven MacKinnon, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, I am always entertained by my hon. colleague across the aisle, with whom I work regularly. With gas at about $1.50 a litre in Ontario, if I am not mistaken, it is a lot cheaper than it is in Alberta, where Premier Danielle Smith unilaterally hiked the cost of gasoline by 13¢. She did not provide, of course, the very substantial rebates on the price on pollution we have put on and that the Conservatives would take away.

Of course, that was not his question. Tomorrow, we will call Bill C-58, concerning replacement workers, at report stage and at third reading. On Monday, we will resume third reading debate of Bill C-49, the Atlantic accord implementation act.

Wednesday, we will begin debate at second reading of Bill C‑70 on countering foreign interference, which is already a strong response to the issues being investigated by the Hogue commission. We will hear from the Minister of Public Safety at second reading of Bill C‑70.

I would also like to inform the House that Tuesday and Thursday will be allotted days.

Finally, as is only proper, there have been discussions among the parties, and if you seek it, I believe you will find unanimous consent of the House for the following motion:

That, notwithstanding any standing order, special order or usual practice of the House, during the debate on the business of supply pursuant to Standing Order 81(4) later today:

(a) the time provided for consideration of the Main Estimates in committee of the whole be extended beyond four hours, as needed, to include a minimum of 16 periods of 15 minutes each;

(b) members speaking during the debate may indicate to the Chair that they will be dividing their time with one or more other members; and

(c) no quorum calls, dilatory motions or requests for unanimous consent shall be received by the Chair.

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

There are some possibilities there with geothermal and projects that are under way, with more opportunities to come.

We also had talked earlier in our discussion about large-scale projects, and I don't think we fully explored the offshore potential. At this committee, we spent a lot of time on Bill C-49. We talked about how the Atlantic Loop will benefit. However, can you speak a bit more on the unrealized potential that we have for offshore energy production, and what that may mean to providing the power that we need as a nation?

[Charlie Angus, NDP, Timmins—James Bay, ON]

Thank you.

It's not dead. It's just pining for the fjords.

Part of what was supposed to make the whole connection work was going to be, I think, a 50-year loan from the Canada Infrastructure Bank. I think the feds were going to put up about $4.5 billion.

What I'm hearing now, now that we have Bill C-49 coming through, is that the province is looking to meet its net-zero goal by moving to 1,000 megawatts of onshore wind by 2030, which would give it 50% of the province's capacity. Those would be big projects that would have to get under way. We know the Americans are easily doing it, but this is Canada.

Are the feds talking about loan guarantees to help get these offshore wind projects up and have that as an alternative to the original Atlantic Loop?

Indigenous Affairs

[Jeremy Patzer, Conservative, Cypress Hills—Grasslands, SK]

Mr. Speaker, we found out at committee that, for Bill C-49, the Liberals did not even bother to consult first nations when they were pushing the Atlantic accord bill through. It is no surprise.

If we look at what Canadians think, 65% of Canadians think the government does a very poor or a poor job at developing a shared long-term vision for Canada's energy future. This is from a survey that was released just today.

Liberals are out of touch.

The Indian Act also takes control away from indigenous communities by giving reserve land and all dollars to the federal government, so they have to go begging to the federal government to get access to those funds from projects on their own land.

The first nations resource charge is something that can make a huge difference for communities who decide it works for them. Conservatives want to deliver this for indigenous people. Will the government?

Canada-Newfoundland and Labrador Atlantic Accord Implementation Act

[Jeremy Patzer, Conservative, Cypress Hills—Grasslands, SK]

Madam Speaker, it is pretty tough to follow the production we just saw from the member for Winnipeg North. He is something else. We will just leave it at that.

I am a member of the natural resources committee, and I think it is really important that we talk about the process by which we have arrived here today.

There were two bills that were sent to our committee: Bill C-49 first, and then Bill C-50. What is important here is this. For a number of years, across multiple parliamentary sessions, Conservatives have been warning the government about its unconstitutional Impact Assessment Act, and over time the Liberals kept denying it and saying it was not unconstitutional. Then the Supreme Court comes along and in a reference case ruling says that the Impact Assessment Act, Bill C-69 from a previous parliament, is largely unconstitutional.

It is important to note and make mention here that in the history of Canada no government has ever ignored a reference ruling from the Supreme Court. As we have this debate here today, I think it is extremely important that we start out with that particular point. I think if we were to ask my colleague from Mission—Matsqui—Fraser Canyon, when he gives his speech after me, because I will be splitting my time with him, he might even agree that for a very long time the government has ignored this particular point.

The government needs to take this opportunity at report stage to be absolutely clear about the date and time when it will fix the Impact Assessment Act, because a big part of the issue around Bill C-49 is that it contains no less than 35 direct references to the unconstitutional parts of the Impact Assessment Act. It is as if the Liberal government has a desire to pass unconstitutional legislation and regulations. We have seen that with its plastics ban, which was also ruled unconstitutional by the Supreme Court. Conservatives also warned that it would be a problem.

When we are tasked with passing a piece of legislation that is required for Atlantic Canada to be able to develop its offshore wind resources, we need to make sure that we are passing a piece of legislation that is abundantly clear and would create all the absolute certainty that is needed in Atlantic Canada.

Of course, there is a consultation process that needs to go on. At committee, all we heard from witnesses, one after the other, was that they were not consulted. This is particularly true of people who are in the fishing industry, which as we know is the absolute staple industry of Atlantic Canada.

That is an important place where we need to start. I hope that at some point here we will get some clarity and certainty from government members about when that will happen. We gave them many opportunities at committee to tell us when, yet we never got an answer from them.

I want to go back to the fishing organizations that spoke at great length to us at committee.

I will start off by quoting Katie Power from FFAW-Unifor, who stated:

To clarify, FFAW, in its representation of the owner-operator fishery in Newfoundland and Labrador, has not been consulted or engaged, by governments or otherwise, on Bill C-49 but serves to be directly impacted by it. In the absence of the appropriate consultation framework not currently built into this bill for adherence, undue conflict amongst fisheries stakeholders, other ocean user groups, future investors and developers of offshore wind energy is inevitable.

FFAW has been thoroughly engaged in the ongoing regional assessment for offshore wind. Participation on both a staff and harvester level has been immense, reflective of the magnitude of potential impacts and indicative of a desire to be involved. However, this regional assessment has no application in this legislation, and the recommendations of the regional assessment committee to governments are not legally binding.

This, coupled with the complete lack of communication from local governments, leaves the fishing industry with no reassurance, no safeguards for mitigation and an overall lack of trust or faith in the process as it is presently being pursued.

I have another quote, from Ruth Inniss from the Maritime Fishermen's Union, who stated:

The bill, as it stands before us, is sorely lacking in protections for the fishing industry, the aquatic species we depend on and the livelihoods that depend on fishing. Simply put, while we support the expansion of clean energy, it should not be at the expense of the fishing industry.

I have more quotes that I would like to read, but I realize I am near the end of my time for today. I will finish with one quote, quickly. Ms. Inniss added:

Rushing poorly thought-out legislation to govern an industrial marine development that remains largely in an experimental stage for Atlantic waters, and legislation that lacks proper safeguards to ensure a sustainable, viable and resilient coastal economy, is extremely irresponsible.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, I should get some bonus time for the interruptions from across the way. It is 100% relevant. I do not quite understand how the Conservatives do not see the relevance to the issue.

Members opposite need to recognize the damage they are causing to Atlantic Canada because of their filibustering. It means MOUs could be signed that are not being signed, because the provinces need the legislation to pass. If the Conservatives want to support economic activity and Atlantic Canada, they need to at least get out of the way. If they do not want to vote for the legislation, they should not vote for it, but they should allow the legislation to pass. That is what is in the interests of Atlantic Canada and all Canadians. Conservatives are standing in the way because they are listening to the far right as opposed to what is in the best interests of Canada, specifically Atlantic Canada.

I would encourage members opposite to think about what they are doing, to think about their Atlantic colleagues who sit in the Conservative caucus and will, ultimately, have to go to the polls in 2025 when they are going to be asked why they filibustered and stalled Bill C-49, a bill that has been encouraged by two premiers, the government and New Democrats. Ideally, Conservatives should support the legislation, but if they are not going to, they should step aside and allow it to pass. This way, the potential of the legislation's impact on economic development could be realized.

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

Members know there is a lot of leeway, and the member has been debating Bill C-49 too.

The hon. parliamentary secretary has the floor.

[Marty Morantz, Conservative, Charleswood—St. James—Assiniboia—Headingley, MB]

Madam Speaker, as far as I am aware, the debate is about Bill C-49. The member has been going on for a couple of minutes now about Joe Clark, Brian Mulroney and Kim Campbell—

[Brad Vis, Conservative, Mission—Matsqui—Fraser Canyon, BC]

Madam Speaker, it is a simple question of relevancy. He is talking about another bill processed through the House of Commons, and not about Bill C-49.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, it is an interesting process. We are talking about Bill C-49, substantial legislation that would enable the potential development in Atlantic Canada, Nova Scotia and New Brunswick, in things such as wind energy. I was quoting two premiers who want the House of Commons to pass the legislation, and talking about the frustration members no doubt have because the Conservative Party, instead of listening to the premiers of the provinces, has chosen to listen to far right-wing organizations, extremists, and not allow the legislation to pass.

To demonstrate that, let us talk about what Conservative Party has done. The legislation has been on hold in committee. Bill C-50 was just ahead of it, and the Conservatives used AI to come up with 20,000-plus amendments on Bill C-50, which delayed the clause-by-clause of Bill C-49. When we finally got it through the committee stage, they attempted to bring in amendments at report stage, which were accurately ruled by the Speaker as being out of order. Then the Conservatives brought forward an amendment that would kill the legislation, while at the same time—

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, I cannot believe the reaction from the members opposite, when there is a responsibility for the leader of the Conservative Party to do consultations, to look at ways in which legislation is impacting Canadians. Instead of listening to premiers, he is visiting trailers and dealing with issues of Diagolon. That is the reality. The leader of the Conservative Party is more concerned about what the extreme far right has to say than what the premiers have to say on important pieces of legislation. Bill C-49—

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

To my Conservative friends, yes, I am going to tell them.

Madam Speaker, it was a Progressive, and I underline the word “progressive”, Conservative government member in Nova Scotia, Premier Tim Houston. He is the individual who said that. We have to wonder why the Conservative Party of Canada is not listening to what the Premier of Nova Scotia, a Progressive Conservative, is saying.

There is another quote I would like to share. It states, “Newfoundland and Labrador is perfectly positioned in the green energy transition.... We continue to support the Government of Canada on Bill C-49 and urge the other federal parties to do the same.” We have another premier of a province who is saying that all members should get behind and support this legislation, Bill C-49.

The legislation deals with and highlights two Atlantic provinces specifically: Nova Scotia and Newfoundland and Labrador. Both premiers of different political stripes are saying that they want this legislation to pass. We have the NDP and Liberals trying to get the legislation passed, and we have the Bloc and Conservative coalition trying to prevent it from passing.

I do not fully understand the Conservatives. They are obviously not listening to the premiers of provinces that are directly impacted and what they are saying. It does not surprise me, because they are more interested in organizations such as Diagolon.