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

[Julie Vignola, Bloc, Beauport—Limoilou, QC]

Mr. Speaker, I will repeat the question I asked previously. I know how passionate the member is about the protection of marine environments, especially shorelines.

Can she guarantee that no project, not even for an offshore wind farm, will be undertaken in marine protected areas and that no marine area boundaries will be rearranged to accommodate some developer?

[Lena Metlege Diab, Liberal, Halifax West, NS]

Mr. Speaker, that is a good question.

Before this bill was introduced, we worked for months with Nova Scotia, with Newfoundland and Labrador and with other stakeholders. I am confident that we will be able to work together to improve the bill in committee.

[Mike Morrice, Green, Kitchener Centre, ON]

Mr. Speaker, I agree with the member for Halifax West's support for offshore wind and for climate action. My question is about being cohesive.

As she likely knows, environmental and indigenous groups are continuing a legal challenge of the Minister of Environment and Climate Change's decision to approve Bay du Nord. Bay du Nord is Canada's first-ever proposed deepwater oil drilling project off the coast of Newfoundland. It is expected to produce a billion barrels of oil and 400 million tonnes of greenhouse gases. This new fossil fuel infrastructure is what the UN Secretary-General calls “moral and economic madness”.

Will the member bring her same passion to opposing Bay du Nord?

[Lena Metlege Diab, Liberal, Halifax West, NS]

Mr. Speaker, I have the same passion that my colleague from Sackville—Preston—Chezzetcook has, except I also have my own Lebanese and Arabic kind, which I am not going to go through here.

I believe the environment and the economy work together, and I believe this is a good piece of legislation for Nova Scotians and for Newfoundland and Labrador. It is one that has been built on. When it is passed, both provinces will still have to pass their own provincial laws. I know that both provinces are waiting for this to happen. I urge parliamentarians to take it seriously, as I know they all do, and pass it along to committee, because this is good for the provinces and the country.

[Richard Bragdon, Conservative, Tobique—Mactaquac, NB]

Mr. Speaker, it is an honour to rise in the House today to speak to this particular bill. It is good to be back in the House after our break. It was not really a break but constituency time, with very busy summers for a lot of us. It is good to see so many familiar faces on all sides of the aisle and to have this discussion.

Today, I rise to speak to 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. It has a lot to do with Atlantic Canada. The bill would have direct effects on development throughout the region of Atlantic Canada.

A lot of things about the bill may be well-intended, but the realities of it, as it is written, could have devastating consequences for the resource sector, and not just in my region. It would have an echo effect across the country. It is very important that we get the balance right and that we take the time get the bill right and fix it. If we cannot fix the bill, we should do everybody a favour and make sure that it does not pass in its current form. Without amendments and without these concerns being addressed, the bill could lead to a lot of unintended consequences that could be devastating economically throughout the region and for much of the country.

I come from the beautiful province of New Brunswick. It is an outstanding province. In fact, it is a place where half has not yet been told and its potential has not nearly been realized. Part of realizing the potential we have as a province and as a region is about unlocking the key to ethically and environmentally responsible extractive resources and the development of our natural resources, and getting those resources to market. It can be a pathway to our region's prosperity, and it must not be overlooked. However, the consequence of passing bad legislation is that it could hamper development and lead to more hurdles for our resource developers and those in the area of green, innovative technologies and resource development, such as tidal, wind and solar. If we do not get the bill right, it could have unintended consequences that would hurt future development in those areas, which are critical to our energy security going forward.

We know that if we do not get energy security and food security right, inevitably it will directly affect national security. It is so important that we get these questions right and make sure that we pass bills that enhance our energy and food security, not hamper them. This bill, as it is written, would cause a lot of hurdles for developers as they look at coming into our region and potentially investing in not only the new areas of resource development and extraction but also the existing ones. If we put in place further bureaucratic hurdles and do not correct what is wrong with the bill, we are sending a message to investors in the resource sector to not come to Atlantic Canada, because they would never get through the bureaucratic, regulatory maze and all the requirements. At the end of the day, if they do happen to get through all the hurdles, the government could shut them down at any time at the whim of any particular minister, because the bill as written puts unbelievable power in the hands of a federal minister.

I do not believe the bill will lead us to work collaboratively enough with the provinces, the key stakeholders or those who are going to be directly affected by the decisions we would make. We have seen this already with the enactment of the marine protected areas and some of the enforcement around them. What can happen is that, at the whim of a particular minister, a certain area of our ocean could be blocked off and there would be no more development or fishery. This would bring devastating consequences to our harvesters, to those in the fishing sector and to those in the energy sector.

We need to get this right. We need to make sure that we address the concerns that will be laid out throughout this debate and fix the bill. If the bill cannot be fixed, we must not pass it, because the consequences of it going through could be devastating to a region that already has tremendous economic headwinds against it.

We have huge potential, and I speak on behalf of fellow Atlantic Canadians. We do have a great love for the environment and a great care for our natural resources. We believe we can do both. We can protect our environment and responsibly develop our resources. We can do it hand in hand and not at the cost or devastation of one sector.

It is time we got the balance right, and this bill does not get the balance right. I challenge our friends on the other side to go back to the drawing table and fix what is wrong with this bill, which is going to bring devastation to the resource sector of this country.

The House resumed consideration of the motion that 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, be read the second time and referred to a committee.

[Richard Bragdon, Conservative, Tobique—Mactaquac, NB]

Mr. Speaker, as I was saying previously, it is so important that we get this right as it relates to Bill C-49. The critical importance of natural resource development, along with the critical importance of getting the renewable sector right and making sure that we expand the economic opportunities for the region of Atlantic Canada, are absolutely vital and important to not only the citizens of Atlantic Canada but also the nation as a whole. Our country has been—

[The Speaker, Liberal, Anthony Rota]

Order. I will remind everyone we have debate going on.

I am hearing people talking. If members are having discussions, if they do not mind, I would ask them to take them outside, either to the lobby or the beautiful new meeting rooms on the other side in the antechamber. I will leave it to members to do that so we can hear what the hon. member has to stay.

The hon. member for Tobique—Mactaquac.

[Richard Bragdon, Conservative, Tobique—Mactaquac, NB]

Mr. Speaker, when we are considering resource development and this bill, I think all Canadians want us to strike the right balance. They want us to balance out the responsibility to be good stewards of the environment and to ensure we care for the planet, not only for our generation but for future generations. That is an utmost priority for all Canadians as well those who live in my region in particular, including New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland and Labrador. We want to hand over to future generations a planet that is cleaner and greener and we want to develop our resources in a responsible fashion.

As a region, the people from the area I represent, and I believe this is true throughout Atlantic Canada, want to ensure they have an economically viable future for themselves and their families in their local communities and throughout Atlantic Canada, so not only do we reap the benefits of that hard work and that development but that future generations do as well. Striking that balance is of the utmost importance.

What I find concerning with this bill is that it would put way too much power in the hands of too few, and that could be detrimental to the development of vital resources, to our nation's national energy as well as our nation's food security and to our nation's future as a secure country in which to invest and do business. If we do not get it right and if we allow this type of control in the hands of very few, the consequences could be devastating for economic development in Atlantic Canada and across Canada as a whole.

We have raised very legitimate concerns that we want the government to look at carefully, and hopefully we will amend and correct the bill so that the development that does happen is responsible and it cares for the environment, which we all want to ensure. At the same time, we do not want it to prohibit those who want to build Canada's economic future. We want to ensure that we take advantage of the tremendous resources across the country from coast to coast to coast, including Atlantic Canada, which has unbelievable potential to develop its resource sector.

This is not the time to hamper investment; this is a time to look at ways to enhance investment into our region.

Atlantic Canada wants to contribute to our future economically as a country in a way like never before. I will pause here for a moment to recognize something that oftentimes gets lost.

We talk about things with respect to government bringing in legislation and passing things based on ideology, thoughts and philosophy, no matter how well intended, but in all of this it is no secret that national unity is at stake. Under the current government and Prime Minister, we have for too long pit one region against another and caused certain regions to feel alienated, left out or perhaps taken for granted. In fact, we know that is the case.

On behalf of Atlantic Canadians, I love Canada and every region of it. We have been blessed in Atlantic Canada, directly and indirectly, because of the resource sector in the western part of Canada. On behalf of those of us on the east coast, I thank our western provinces and friends out west. They have allowed our resources to be developed. They have allowed the money, the proceeds and the revenue that has been generated from that extraction and from those resources to be distributed throughout the country to regions and provinces like mine.

We benefited from those transfer payments, and we would be remiss not to thank western Canada and the resource-developed regions of our country that have made it possible for revenues to be transferred to our provinces so we can have good schools, hospitals, build roads and develop.

However, just as much as I believe in that, it is so vitally important that we as Atlantic Canadians also have the opportunity to develop our own natural resources, prosper as a region and elevate the economy of our families. It is unfair to hold back a region like Atlantic Canada that has endless potential by putting in prohibitive measures and over-regulating a sector or putting too much power in the hands of too few that could, at the whim of any particular minister, shut down an entire sector of our economy.

There are big cautionary signals coming from this bill. I challenge the House to look beyond the noise and the rhetoric to see the facts. We hear a lot of noise about how we have to protect the planet and heal the oceans, and about how we are going to reduce carbon and do all things. That is the noise.

When we get beyond the noise and the chatter, the reality and the facts are that we rank 57 out of 63 nations. We have not met our targets, despite our virtue signals. We have not met those objectives, despite great soaring rhetoric. We talk about planting billions of trees, but only a handful are actually in the ground.

It is time that we look beyond the noise. Canadians expect us to stop all the chatter, talk and great sounding rhetoric about this to get to a place of achieving actual, attainable results that will do good for our country and the world.

The reality is that we are not measuring up in meeting these targets, but we are certainly punishing the very sectors that have led to Canada's prosperity to this point. Those are the facts.

The noise says that we are meeting these targets and doing great, but the facts are that we are ranked 57 out of 63 nations. Facts are stubborn things. They have proven, when it comes to both the environment and the economy, that the government is all noise and no results. Canadians want real results.

I believe we can have both responsible and good, wholesome environmental stewardship along with economic prosperity and resource development that is, at the same time, responsible. They are not mutually exclusive. Canadian energy is the best energy in the world, and we need to make no apologies for Canadian energy. We need to stand up for Canadian energy. It is the most responsibly extracted energy on the planet. Why are we displacing Canadian energy with that from countries that do not have near the environmental regulations that we have as a country?

It makes no environmental sense, nor does it make energy sense or economic sense. It is important that we get the balance right. This bill is not going to go a long way to help us get the balance right. We have to correct this bill. There is so much noise that the facts are getting lost. However, Canadians are perceptive. They are getting beyond the persuasiveness of rhetoric, and they are asking, “What is it that the government is accomplishing to position Canada to prosper in the future?”

We talk about just transition. The government loves to talk about that, but it is a just transition to what? It is not a just transition to move segments of our population from prosperity to poverty. That is not just. That is an unjust transition to poverty. We need a true, mobilized transition to economic empowerment accompanied by environmental responsibility. We could do that. Canada has proven it can do that and be a leader in that space.

I am quite encouraged by some of the developments we are seeing within our resource sector. We have some of the greatest clean technologies in the country. We have some of the most environmentally responsible resource projects in the world. We are a leader. We have to stop taking a back seat. We have to stop talking down our energy sector, stop talking down our resource sector and stop putting impediments in the way of our development.

What we need to do instead is to start championing our energy sector, our resource sector and our good environmental practices. We need to tell the story of the great results we are attaining as a country and as a natural resource industry in this country. Why is it that we are talking down Canadian energy when we should be saying that we have a good news story to tell? We are all for all of the above. We want to transition in areas where it is possible. We are for wind, nuclear, solar and, yes, even tidal.

While the government talks about transition, we are shutting down some of the renewable energies and projects that have incredible potential. This is because of cumbersome regulation and misplaced priorities.

We had the sustainable energy project with respect to tidal energy in Nova Scotia. The Liberals pulled the plug on it. Why? It was so encumbered and hampered by over-regulation and cumbersome rules that it was no longer economically viable and it made no sense to continue so they stopped it. How is that good for the planet when we are sitting on the cusp of innovation and it was the only tidal project in North America? We pulled the plug on it as a country. We talk about how we are all for saving the planet and transitioning to a new green economy, yet we pulled the plug on those viable projects.

Here is another one. A mill in Nova Scotia was going to use its waste for producing biodegradable goods. We pulled the plug on that. Why? Because it would take 20 years to get the approvals it needed in order to proceed with the project.

We are scaring away investments into our renewable energy and resource sector and we are not investing in the areas that could have the most impact and have the biggest and most-resounding results for our country economically and environmentally.

We have a great news story to tell. Another concern we have with Bill C-49 is as it relates to our indigenous partners and friends. It talks about how the regulators would be empowered to talk with our indigenous leaders, but never once mentions the obligation and absolute primary importance of the Crown to deal directly with our indigenous friends to get these projects off the ground. Surely, history has taught us a lesson, which is to engage with our indigenous friends at the beginning of the process for these projects and make sure they are welcomed and equal partners at the table with us as we enter into these areas of innovation and production. We can get great things done for the country because, as we hear from indigenous leaders across the country, they want to partner with us on this. They want to be at the table for all of these types of projects. They want to prosper economically and do good for the environment as well. Let us welcome them at the front end and make sure that a bill like this includes them meaningfully, and instructs the Crown to deal with them directly rather than the regulators. Let us not make this a secondary priority, but one of the primary priorities.

I conclude my remarks by simply saying that we have an opportunity to position Canada to be the most energy secure and one of the economic powerhouses in the world while at the same time being one of the most environmentally responsible jurisdictions on the planet. It is time we get it right. Let us stop talking down Canadian resource development and stop throwing up roadblocks to resource development for all regions of our country, including Atlantic Canada. Let us prioritize it and get them at the table. We have a great opportunity. Let us get the balance right. Let us fix this bill. If we fix the bill, then we will do good for everyone, but if we do not fix it we have no choice but to stand against it so that our country can move forward.

[Kody Blois, Liberal, Kings—Hants, NS]

Madam Speaker, I was absolutely flabbergasted listening to that speech. There are a couple of things I want to say.

Has the member opposite talked to the energy industry in Atlantic Canada? It wants this piece of legislation advanced as soon as possible. Has he talked to the premiers of Nova Scotia or Newfoundland and Labrador? They want this legislation advanced as soon as possible. Has he talked to indigenous leaders in Atlantic Canada? They believe in this legislation. The Conservative Party is hiding behind this idea that the delineation of consultation to a regulatory authority is somehow stepping away from the Crown's responsibilities. This matters to Atlantic Canada. The Conservative Party is standing against prosperity in Atlantic Canada.

My question is very simple. The member said that he believes in the principle but not the legislation. Will he support it to get it to committee so he can supposedly make it better? Will the Conservative Party support getting this to committee so we can advance it?

[Richard Bragdon, Conservative, Tobique—Mactaquac, NB]

Madam Speaker, I appreciate my hon. colleague's passion and exuberance regarding the question, but the bottom line, once again, is that the government has missed the mark. This legislation is poorly written. We cannot vote on legislation based on our aspirations or because we hope that it is good; we must vote on bills as they are written. Right now this has so many concerning loopholes in it. They need to be addressed as quickly as possible so we can prioritize the priorities of our regions, ensure that true stakeholder engagement takes place, and that those in every sector that will be most affected by the decisions of the current government through this legislation will be incorporated into the process not on the back end once a bill comes in, but on the front end. I think the government has done a terrible job of consultation up to this point with those who are going to be most affected by the ramifications of this bill. We have to get it right. That is why we on this side of the House are standing up firmly against it.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

Madam Speaker, the last Liberal speaker questioned whether or not my colleague had talked to any leaders in Atlantic Canada about whether or not they wanted the bill. I wonder if the member could speak to the fact that most premiers in Atlantic Canada asked for the carbon tax to be removed. In fact, some of the Liberal caucus is actually all of a sudden starting to ask for the carbon tax to be removed in spite of the fact of voting for it multiple times over this session of Parliament. I am just wondering if my colleague could talk about how that decision to keep the carbon tax in place is harming the economy of Atlantic Canada as well as not doing anything to lower greenhouse gas emissions.

[Richard Bragdon, Conservative, Tobique—Mactaquac, NB]

Madam Speaker, I thank the hon. member for Calgary Nose Hill for that great question and, absolutely, I could not agree with her more that the carbon tax is having devastating consequences on Atlantic Canadians. They feel it every time they fill up their car. They feel it every time they fill up their fuel tanks for their homes. They feel it every time they go to the grocery store, because everything that is trucked and shipped is affected by the carbon tax.

Honestly, I do not know about anyone else, but there is not a whole lot of access to metros and subways throughout Atlantic Canada. In fact, we have to drive everywhere we go, whether it is taking our kids to sports or going to work. No matter what it may be, we are driving vehicles, and we depend on them. Our industries depend on them. Our trucking sector, which is vital to our region, and those in the resource sector and our mills all depend on fuel. They depend on natural resources.

The carbon tax is punitive, useless and ineffective. It has shown no results as it relates to reducing carbon in the atmosphere. We have asked for a metric on it. We have asked for any type of reduction that can be shown by this government as a result of the implementation of the carbon tax and that somehow emissions have gone down, but it has no proof of that. There is no metric that has been provided yet to the House that substantiates the use of the Liberals' signature landmark piece of legislation as it relates to the environment: the carbon tax. There is no substantiation.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, to the hon. colleague for Tobique—Mactaquac, I cannot move to my question without personally thanking him for his really kind email this summer sending prayers after my stroke. I am so grateful.

In the debate all day today I have heard Conservatives say that they do not like C-49. I have been specific about the thing I would like to see changed, which is to go back to the original Canada-Nova Scotia and Canada and Newfoundland and Labrador offshore petroleum board acts and remove the conflict of interest that exists that promotes petroleum. However, I do not know, and I have not yet heard from my Conservative colleagues what it is that they want changed in C-49, because it is good legislation and we need to move it forward.

[Richard Bragdon, Conservative, Tobique—Mactaquac, NB]

Madam Speaker, I would like to thank my hon. colleague for Saanich—Gulf Islands. It is so nice to see that she is recovering and doing well. I wish her all the best for a full and speedy recovery, and I continue to pray for that. I look forward to seeing her back in the House in person.

As it relates to Bill C-49, what is really important is that we feel, overall, that the bill is detrimental to the future development of resources in this country. It tramples all over provincial jurisdiction as well. It causes huge concerns for those who may want to invest in Canada, invest in our resource sector and help grow Canada's economy. They see it as a further impediment to growth, and many premiers have raised huge concerns as it relates to the bill. We will continue to stand against it, because the bill would hamper development, hamper our economy, hamper our economic viability in the future and hamper investment into a vital resource sector in this country that will lead to our future prosperity.