An Act to amend the Canadian Environmental Protection Act, 1999

This bill is from 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 has also written a full legislative summary of the bill.

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-33s:

C-33 (2022) Strengthening the Port System and Railway Safety in Canada Act
C-33 (2021) Law Appropriation Act No. 2, 2021-22
C-33 (2016) An Act to amend the Canada Elections Act and to make consequential amendments to other Acts
C-33 (2014) First Nations Control of First Nations Education Act
C-33 (2012) Law Protecting Air Service Act
C-33 (2010) Safer Railways Act

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

April 28th, 2008 / 12:30 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, quite specifically, the amendment we are debating right now is an oversight amendment, which would give us more control over the process of the development of the biofuels approach in Canada, the bioenergy approach. Why will her party not support the amendment? It will give us the time to deal with the issues as they come up and ensure that the government acts correctly?

Canadian Environmental Protection Act, 1999Government Orders

April 28th, 2008 / 12:30 p.m.

The Acting Speaker Royal Galipeau

The hon. member for Laval—Les Îles has 30 seconds to respond.

Canadian Environmental Protection Act, 1999Government Orders

April 28th, 2008 / 12:30 p.m.

Liberal

Raymonde Folco Liberal Laval—Les Îles, QC

Mr. Speaker, I cannot respond to that in 30 seconds. It is very complicated.

If I may, I would like to answer my colleague at some other time. However, I would like to say this about the oversight function.

One has to be very careful. The government has oversight functions that look after it, but it is so secret that the oversight does not work in any case.

Canadian Environmental Protection Act, 1999Government Orders

April 28th, 2008 / 12:30 p.m.

Bloc

Ève-Mary Thaï Thi Lac Bloc Saint-Hyacinthe—Bagot, QC

Mr. Speaker, this debate is primarily about the NDP's two motions concerning Bill C-33. The NDP's first motion is two-pronged. Part (a) seeks to correct part of the English wording. Part (b) of the first motion seeks to give the governor in council the authority to regulate the amount of greenhouse gas emissions allowed in the production of biofuels, to prohibit the use of GMOs in grains used in biofuel production and to restrict the use of arable land for production of biofuel crops.

Part (b) could render the entire motion out of order, first, because it broadens the scope of the initial bill, and second, because we are at the report stage.

With respect to the latter consideration, we are against Motion No. 1, should it prove to be in order, because management of a province’s agricultural land is under Quebec’s jurisdiction.

The NDP's second motion seeks to improve a clause added by the committee, which states that “a thorough analysis of the environmental and economic aspects of biofuel production in Canada” should include a review of the progress made in the preparation and implementation of the regulations enacted by the governor in council.

If the second motion is in order, we should support it, especially since the Bloc Québécois put forward a motion with a similar purpose in committee. This amendment will lead to a more complete assessment of the impact of biofuel production and the regulations that govern it.

Bill C-33 addresses some of the concerns of the Bloc Québécois, which is urging that we free ourselves from our dependence on oil, that the transportation sector make an effort to reduce its greenhouse gas emissions and that we promote the use of forestry and agricultural waste.

With regard to biofuel substitutes for oil, the most interesting avenue at present is the production of ethanol from cellulose. This process, still in the experimental stage and deserving of more support for research, uses a plentiful and inexpensive raw material and, more importantly, would recycle vegetable matter that is currently unusable. It would also provide new markets for the forestry and agriculture industries.

The concept of using raw materials that can be produced more readily is gaining support.

Thus, research is being focused on the production of ethanol from non-food crops and materials rich in cellulose. The development of an efficient process for converting cellulose to ethanol could promote the use of raw materials such as agricultural waste and straw as well as forestry residues, primarily wood chips, and even fast-growing trees and grasses.

Still in the experimental stage, ethanol made from cellulosic materials such as agricultural and wood waste cannot yet compete with traditional products. However, it does represent a very interesting possibility.

Quebec can cut its oil dependency in half within 10 years. The Bloc Québécois estimates that this huge shift requires that six objectives be met: quickly help Hydro-Québec regain a margin of flexibility; continue encouraging individuals, businesses and industries to give up using oil; reduce fuel consumption in passenger transportation; stop the increase in consumption in goods transportation; reduce consumption of petroleum products as fuel; and make Quebec a centre for clean energy and clean transportation.

The goal is to increase residential efficiency by 18% and reduce consumption by 15% in 10 years. To find more energy, we need to start by looking at the energy we waste.

Using fairly simple methods to improve thermal efficiency, we can reduce the difference between older homes and newer homes by 65%, according to the federal Department of Natural Resources.

Our second proposal is to eliminate the use of fuel oil in homes, businesses and industry. The 10-year goal would be to reduce by half the number of homes that heat with fuel oil and to reduce by 45% the use of oil as a source of energy in industry.

We also recommend curbing fuel consumption for the intercity transport of goods. Unlike intercity transport, for which it is possible to develop alternatives to trucking, trucks will always be difficult to replace in an urban environment. However, in many cases, the vehicles used for this type of transport are unnecessarily large.

Furthermore, we must reduce the amount of fuel used to transport people. There are two paths to achieving our objectives. On one hand, we must come up with an efficient alternative to the use of personal cars in urban settings and, on the other hand, we must reduce the amount of fuel consumed by cars.

Another objective is to decrease the proportion of oil relative to all fuels. The Bloc Québécois recommends that current oil-based fuels have a 5% biofuel content.

Furthermore, we recommend that Quebec—a leader in some areas of transportation and clean energy—become a leading centre for transportation and clean energy.

By further consolidating our assets in such sectors as public transportation, hydroelectricity and wind power, as well as substantially increasing support for research and development in niches related to clean technologies, in which Quebec has competitive advantages, Quebec could have an enviable position in the post-petroleum era because it would be less vulnerable to oil crises and it could export leading edge technology.

Over the next 10 years, achieving these objectives would benefit Quebec in many ways. Quebeckers could benefit from a 32.8% reduction in oil consumption in Quebec and a reduction of close to 50% in oil used for power generation in Quebec, which would drop from 38% to 20%. They would also benefit from a 21.5% reduction in Quebec's greenhouse gas emissions, and a savings of $3.2 billion on the cost of importing oil into Quebec.

As my Bloc Québécois colleague was saying earlier, the bill does not go far enough. It is nonetheless a major step forward for the people of Quebec and Canada.

Canadian Environmental Protection Act, 1999Government Orders

April 28th, 2008 / 12:40 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, I rise again on this particular issue. I put forward the amendments to this legislation and one amendment has been accepted. The amendment would provide more oversight to the process that my colleague on the agricultural committee put forward as an amendment. The amendment would provide a two year review and would enhance the bill by providing more review over the actual regulations as put forward by the government. As I have pointed out before, that is a very significant thing.

Some great work has been done in Quebec. The REAP institution, located in Quebec City, demonstrated at committee that even the move toward cellulosic ethanol would really not be cost effective or as potentially greenhouse gas useful by simply converting cellulosic material, whether it be wood or waste from agricultural processes, to thermal energy. Thermal energy can be used in homes and commercial businesses to replace other fossil fuel products, and in the case of Quebec, for instance, replacing liquefied natural gas, a product we are now looking at importing from Russia or Qatar.

My colleague said her party is supporting the bill, but you really are not. You are supporting a bill that would enable the government to do exactly what it wants with the regulations right now. It would enable the government to reward whoever it wants, with Canadian tax dollars, to go ahead with biofuels rather than having some conditions attached which would give the real winners in the biofuel industry the leg up they need.

Canadian Environmental Protection Act, 1999Government Orders

April 28th, 2008 / 12:40 p.m.

The Acting Speaker Royal Galipeau

I would like the hon. member for Western Arctic to resist the temptation to use the second person and make a greater effort at using the third person.

The hon. member for Saint-Hyacinthe--Bagot has the floor.

Canadian Environmental Protection Act, 1999Government Orders

April 28th, 2008 / 12:40 p.m.

Bloc

Ève-Mary Thaï Thi Lac Bloc Saint-Hyacinthe—Bagot, QC

Mr. Speaker, to answer my colleague opposite, currently everything to do with cellulosic ethanol is still in the embryonic stages of research. The Bloc Québécois and I believe that this is the avenue we should be taking. We must invest in research and development in order for this avenue to become cost-effective in the near future. What is more, as I concluded in my speech earlier, I would say that the bill does not go far enough to satisfy the Bloc Québécois. Nonetheless, it is a major step forward and that is why my colleagues and I will support it.

Canadian Environmental Protection Act, 1999Government Orders

April 28th, 2008 / 12:40 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, one of the things in which I am most interested, above and beyond the merits of the bill, is the development put forward by my colleague from Western Arctic that would force the government to allow the regulations to be scrutinized by the committee.

I raise this only because it is a rare and unusual thing, and I hope even a precedent setting thing. All too often Parliament debates the text of a bill, the legislation itself, and gives it great scrutiny, but then it is up to the government to put in place the regulations, which have very little or no oversight at all. Will the hon. member agree with me that this is a very positive development and a precedent that should be implemented or used in other pieces of legislation as well?

Canadian Environmental Protection Act, 1999Government Orders

April 28th, 2008 / 12:40 p.m.

Bloc

Ève-Mary Thaï Thi Lac Bloc Saint-Hyacinthe—Bagot, QC

Mr. Speaker, my colleague from Richmond—Arthabaska previously mentioned the possibility of going to committee and reviewing the way the House currently manages bills. I agree with the position he took in his speech this morning.

Canadian Environmental Protection Act, 1999Government Orders

April 28th, 2008 / 12:45 p.m.

NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, it is a pleasure to speak once again to this bill. I just want to say that the amendment that we are proposing, that this bill goes to a special committee to ensure that any regulations or any rules that affect biofuels undergo careful scrutiny, is very important.

This would provide the precautionary approach. It is another safeguard. I did table an amendment in committee that was adopted, which basically stated that within six months after this bill comes into force and every two years after that, there would be a comprehensive review of environmental and economic aspects of biofuel production.

This amendment puts that kind of precautionary approach ahead of this taking place, and my amendment ensures that we really scrutinize the whole use of biofuels in Canada.

I do have a concern that the other amendments that I did propose in committee did not go through, and that is one of the reasons why we are here today debating this bill. I would just like to mention some of the amendments that were rejected.

Had they been accepted, this bill would have prohibited the use of genetically-modified grains, oilseeds or trees for biofuel production, except for those genetically-modified grains, oilseeds or trees that were used for biofuel production in Canada before 2008.

It would have prohibited the use of lands protected by federal legislation and other sensitive biodiverse lands for biofuel production. It would also have preserved the biodiversity of lands used in biofuel production and prohibited the importation of grains or oils for use in biofuel production.

Those were some of the amendments that I had proposed that were rejected. If we look today, we see that apparently Husky Oil, which has a plant in Lloydminster and Minnedosa, is thinking of relying entirely on corn for its ethanol production, thereby not really giving any benefit to the farmers in Manitoba, and opening up the possibility of using corn imported from the United States to fuel these two plants, completely bypassing the primary producer in Canada. I think this is wrong.

If we look at the chain reaction of what is happening, maybe it is oversimplified but this gives us an idea of what is happening in biofuel production in the world, we see that, for example, there is more crop land being turned over to produce corn for biofuels in the United States, at the same time displacing land that has been used traditionally for soybean production, which then increases the acreage for soybean production, for example, in Brazil, which displaces cattle ranching, which then forces the ranchers to cut down the precious rainforest to have grazing land for cattle.

In all of this whole cycle, I cannot see a positive effect on greenhouse gas emissions. That is just one example of what is happening.

We are not opposed to biofuels in general because the concept can be a good one. For example, in my province of British Columbia, there is a company that is now in production utilizing waste from restaurants to produce biodiesel, which is certainly a way of using the oil that normally would be thrown out. So there are ways of harnessing the energy for positive purposes.

What this bill does without any amendments is it gives our Prime Minister and this government basically a blank cheque to implement their proposals for biofuels, which do not take into consideration the negative effects on the environment or the increase in greenhouse gas emissions.

What I would like to do is just focus on a couple of articles that have come across my desk in the last couple of days. One is from the Malaysia Sun, March 23, 2008, and it basically stated that the head of Nestlé, the world's biggest food and beverage company, has sent out a warning against biofuels. The chairman and chief executive of the company said that the growing use of crops such as wheat and corn to make biofuels was putting world food supply in jeopardy. He said that the current subsidies being handed out to biofuel makers were unacceptable while the price of maize, soya and wheat was being driven higher. He also said that land for cultivation and water sources were under threat.

An article in Friday's Ottawa Citizen stated:

It is increasingly difficult to mesh the happy talk about biofuel production in Canada with what is going on in the rest of the world.

The article goes on to state:

Now, food supply is a complex thing. But it's becoming clear biofuel production is playing a role in shrinking that supply.

While the biofuel industry is not the main reason for food prices going up, it is one of the contributing factors, which is all the more reason for us to look at the bill and look at the policy. As we present a policy for the future, we should be looking at the long range effects and not at the immediate short term gains that may or may not be there.

If we look at what has been happening in the United States, we see that something like 58 proposed ethanol plants are on hold now because the Americans are questioning where the industry is leading them. I think we have a golden opportunity in Canada to do this right and if we look at the amendment, and if it is accepted, that will be a positive step in that direction.

Numerous statements have been made by civil societies and others that are questioning the whole direction of biofuel production. I would like to quote from a joint statement by the Tamil Nadu Environment Council and Equations, India, which states:

Demand for water is growing along with the economy. Agrofuel plantations will only increase competition for water, and ultimately impact food resources.

We seek a ban on any scale of monocultures and plantations for the sake of agrofuel production.

That is from an organization in India which emphasizes, from what it says, that maybe we are not going in the right direction.

Another headline from a November 2007 article reads, “An African Call for a Moratorium on Agrofuel Developments”. The article states:

We, the undersigned members of African civil society organisations, as well as organisations from other parts of the world, do urgently call for a moratorium on new agrofuel developments on our continent. We need to protect our food security, forests, water, land rights, farmers and indigenous peoples from the aggressive march of agrofuel developments, which are devouring our land and resources at an unbelievable scale and speed.

We should be looking at that statement as a warning that if we proceed down the road, which our neighbours to the south have in utilizing corn, for example, in the production of ethanol, we can see the tremendous impact that it has on our resources, the environment and on water in particular.

It is not only articles written by civil societies. Scientists and science institutes are questioning this from the scientific point of view. For example, Mr. Robert Watson, scientific advisor to DEFRA and former chair of the IPCC in the United Kingdom, states:

It would obviously be totally insane if we had a policy to try and reduce greenhouse-gas emissions through the use of biofuels that’s actually leading to an increase in the greenhouse gases from biofuels.

Research shows that when we take into account all of the input costs and the transportation, there is actually an increase in greenhouse gases from biofuel production.

I would like to close by quoting from the recommendations of REAP Canada. It is a study called, “Analyzing BioFuel Options: Greenhouse Gas Mitigation Efficiency and Costs”.

The organization made the following recommendations to our committee about Bill C-33:

This bill should be withdrawn for 3 reasons:

1. It won’t appreciably reduce GHG emissions.

2. It is not a “Made in Canada” solution.

3. The legislation does not demonstrate fiscal responsibility.

This is a scientific institute that has studied the whole question of biofuels and it is saying that we should look at this from a precautionary point of view.

I would hope that my colleagues in the House will support--

Canadian Environmental Protection Act, 1999Government Orders

April 28th, 2008 / 12:55 p.m.

The Acting Speaker Royal Galipeau

Questions and comments. The hon. member for Lambton--Kent--Middlesex.

Canadian Environmental Protection Act, 1999Government Orders

April 28th, 2008 / 12:55 p.m.

Conservative

Bev Shipley Conservative Lambton—Kent—Middlesex, ON

Mr. Speaker, my colleague from the NDP raised a number of issues around Bill C-33.

On the weekend, we met with some embassy people from Africa. When we were speaking to them about food prices, we found that in Canada we need to be concerned about how we relate agriculture to food prices. By February 3, Canadians have paid for all of their food. It would appear to me that one of the sustaining factors that keeps us alive has been paid for by February 3. I would suggest that in Canada we have a cheap food policy.

I want to reiterate that Canada is the second largest contributor to food aid in the world. Canada plays its part because we recognize how crucial and significant it is to support and help supply foreign aid to those who are more vulnerable than us. I believe I read, and I may be corrected, that if Canada were to provide its resources to biofuels, we would still use 95% of our crop land for the production of food.

We have had projections of 20% by 2020 and 60% to 70% by 2050. No other government has done that because no other government has taken the initiative. I am wondering how much the member feels we are contributing to the price of food through our agriculture in Canada. Does he believe we should look at new technologies for biofuels so it is not all about agriculture products?

Canadian Environmental Protection Act, 1999Government Orders

April 28th, 2008 / 12:55 p.m.

NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Yes, Mr. Speaker, I believe we should be looking at other technologies in the area of biofuels, which is why I and my party are saying that we are not against the concept of biofuels. We are questioning the way in which Bill C-33 would implement biofuel production in Canada.

With regard to Canada and the production of food, although we do contribute to food aid in the world, someone recently implored Canada to do more. I believe it was a man who said that Canada was actually not contributing enough, that the current government was not taking the initiative internationally to work with various NGOs and other countries to alleviate the suffering that is being caused by a lack of food.

It has been quite some time since we have reached the goal that was set years ago of 0.7% for international aid. Maybe now, with a food crisis in the world, this is a chance for all parties to really help with the scarcity of food in this world.

Canadian Environmental Protection Act, 1999Government Orders

April 28th, 2008 / 12:55 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, I do not think anyone can underestimate the food crisis. Our dollar has gone up considerably over the last number of years and that has sheltered Canadians a bit, but with the high cost of everything we have in this country, our consumer price index, for instance, keeps out energy and food costs so that Canadians do not even get the message about what is happening in this country.

Canadian Environmental Protection Act, 1999Government Orders

April 28th, 2008 / 1 p.m.

NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, I did not quite get the question that my colleague was going to ask but I believe it had something to do with the cost of food.

It is true that food prices are rising in the world. Biofuels are one reason for this but not the main reason. There are obviously other reasons. I believe if a biofuel policy were looked at--