Bill C-38 (Historical)

Appropriation Act No. 2, 2014-15

An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2015

Amendments to Standing Orders

[Murray Rankin, NDP, Victoria, BC]

Mr. Speaker, I am not sure they do, because they seem to drip of cynicism and hypocrisy. To simply talk about prorogation but do nothing about it suggests that they really do not understand the abuses the Harper government brought to that process. Regarding omnibus bills, the big one was Bill C-38, the famous Harper budget implementation bill that included everything under the sun. This motion would not touch those budget measures; it would, rather, touch other measures.

Again, one wonders if they are cynical or are simply trying to check a box on some campaign program and say that they delivered. Meanwhile, the Liberals talk about things today that are not even there, such as the Prime Minister's question period, yet we are still supposed to take it on faith that they really mean it. I find it confusing.

Bill C-44—Time Allocation

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

Madam Speaker, with respect to these debates about time allocation, I would have wished we could ask questions of the Government House Leader, because decisions about the way the government is proceeding and the increased use of time allocation is the House leader's area. The breakdown in relations between the House leaders of the largest three parties in this place is leading to an increased use of what I would call Harper tactics.

Although this is not an omnibus budget bill with the weight of the egregious misuse of power we saw in Bill C-38 and Bill C-45 in 2012, this is nonetheless an omnibus budget bill, and unfortunately so. While there is a connection to the parliamentary budget officer, because “budget” is in the title, the creation of a stand-alone parliamentary budget officer as an independent officer of Parliament, as promised in the Liberal platform, is a subject of such importance that it would have been preferable to have that discussion separate from the passage of budgetary measures.

Time allocation at this point has the effect of disadvantaging those members of Parliament who belong to parties with fewer than 12 members. Our constituents are equal. Our rights, in theory, are equal. It is disproportionately disadvantageous to members of smaller parties or independents when time allocation is used. In my view, it should be used extremely rarely. To say, as the Liberals now do, that they are using it less than Harper did is no excuse for adopting bad tactics and majority rule in a way that hurts the healthy functioning of this place.

I would urge the government to reconsider and not apply time allocation. The Minister of Finance will tell us that it must be done, but it must not be done.

Budget Implementation Act, 2016, No. 2

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

Mr. Speaker, it is an honour to rise in the House today to speak to Bill C-29. I have been listening to all the debate that has been taking place, and I note that we as members of Parliament seem to be debating lots of different things all at once, and not necessarily always Bill C-29, especially on a day such as today when we are eagerly awaiting the Minister of Finance's update.

Obviously today we are anticipating the fall update on the economy and the state of public finances. I look forward to that. Although I have the opportunity to deliver a speech now, I plan to take part in the lockup on the economic update.

We know that any minute now we will be getting additional financial information from the Minister of Finance, and some of the media reports that foreshadowed what we may see in that report have become part of this debate as if they were in Bill C-29. They are not, so we do not know much about what will be proposed. There are concerns, as many colleagues have raised, about what might be proposed around infrastructure, what might be proposed around specifics of an infrastructure bank. It is not in Bill C-29. We are also talking today about the budget document itself, and much of what is in the budget document is not in Bill C-29.

Let me just clarify for parliamentarians and those who may be watching us today across the country what Bill C-29 is.

I try to be as fair as possible in all circumstances, and I railed against the omnibus budget bills of the previous government such as the spring omnibus budget bill of 2012, Bill C-38, which changed more than 70 different laws and regulations and abolished important institutions of public policy such as the National Round Table on the Environment and the Economy. It did many things that were never referenced in the budget. It extended itself well beyond what a budget should usually do. This was the spring omnibus bill of 2012. The fall omnibus bill was Bill C-45, and it completely gutted the Navigable Waters Protection Act, while the spring omnibus bill gutted the Fisheries Act and the Canadian Environmental Assessment Act.

I reflect on that just to say that there are different kinds of omnibus bills. There are illegitimate omnibus bills and there are bills that take into account many different measures but all flow from the budget. This is in the category of legitimate omnibus bills. There is nothing in here that is not required by what was in the budget document that we received last spring. Last spring's budget set out changes, particularly to the Canada child benefit. It set out changes to various aspects of the Income Tax Act. If Canadians were to pick up Bill C-29 and read it, I do not think I am making too much of a stretch to say that they would find nothing that would be alarming.

There are provisions to begin to understand how we measure carbon emissions in terms of emissions allowances, how taxpayers would account for that, and how Revenue Canada and the Department of Finance would account for that. There are certainly new rules for charities and extensions for what kinds of donations could be considered charitable donations. There are provisions that are purely to do with the tax code, as one would hope when one is looking at a budget bill.

It is not an illegitimate budget bill, but it does of course allow us to turn our attention to the budget and to reflect on what was there and what was not there in relation to the promises made in last year's campaign.

We are just about at the one-year mark for this new administration and it is fair to reflect at the one-year mark on policies related to budget matters today, so I will stay within the frame of budgetary matters in my presentation. However, I have to say, in providing commentary on Bill C-29, and I want to be honest with Canadians, there is nothing here that gets me worried or upset except for what is missing. I want to be clear about that.

What is missing is that the Liberal platform last year committed to getting rid of subsidies to fossil fuels. There were really only three bullet points under the Liberal platform commitment to climate action.

One bullet point was that they would attend at Paris and negotiate. The Liberals did that and they did it superbly. The second was that they would put in place a national carbon price, and that is a work in progress. I bemoan the fact that the starting price is $10 a tonne but the architecture of it is fair and will only top up those provinces that have failed to define how they want to price their emissions.

This missing piece really deserves much more attention.

The commitment was clear that subsidies for fossil fuels would come to an end. The 2016 budget on page 221 commits until the end of the period in which the previous government had already committed subsidies for a new class of subsidies for liquefied natural gas in 2015. Some may say that LNG, liquefied natural gas, is a fairly clean burning fossil fuel but when it comes from fracked gas, which the LNG industry in British Columbia is projected to come from, it has the same carbon footprint as coal. Seeing a provision in the legislation that would continue this well into the future is a concern. That should come to an end much sooner.

We also were promised a lot of spending on infrastructure but when we look at the actual budget figures, only one-tenth of what is promised on infrastructure will occur before the next election. I really am keen to hear what our finance minister is about to announce later today. If we are trying to stimulate the economy through investments in infrastructure, then we really have to make those investments in infrastructure and we have to do it sooner rather than later. We have only one chance of the money flowing to things like public transit, which we urgently need.

There is reference in the budget to a small amount of money over a two-year period for examining what we need to improve Canada's east-west electricity grid. We need that urgently. Canada is a big country and we tend to have far too many interprovincial barriers. We are familiar with talking about interprovincial barriers to trade but we do not think so much about the interprovincial barriers to electricity. Why is it that provinces struggling to go off coal are having trouble buying renewable energy from the province next door? We really do need to invest in what is a real nation building project. It would create jobs and the fastest route to de-carbonizing our electricity grid is to improve access across provincial boundaries.

We can look at the absurdity right now of what is going on in Newfoundland with respect to Muskrat Falls. Nalcor is building Muskrat Falls, and CEO Stan Marshall has already referred to Muskrat Falls as a boondoggle that should never have been built. Newfoundland will be coming cap in hand to the federal treasury to look for money to bail out that project but it will find that it is throwing good money after bad. Nova Scotia says it cannot shut down coal until it gets an underwater cable all the way from Muskrat Falls.

Hydro-Québec sits right next to the Atlantic provinces. Hydro-Québec's electricity could get exactly as far as Moncton, turn a switch, open up the electricity grid, and work out the financing. Part of the problem may be that Manitoba Hydro and Hydro-Québec prefer to sell south to the United States because sales to the U.S. do not affect their equalization payments. If we start thinking like a country, we might figure out how to maximize the benefit from electricity generated in one province and ease access in another.

Going off fossil fuels as quickly as possible should be a national goal, while at the same time ensuring that the fossil fuels we use in Canada are the ones manufactured and refined in Canada. We have the beginning of a made-in-Canada solution for our energy, for our workers, for the Alberta economy, if we are willing to invest in refineries instead of pipelines and take away the subsidies to fossil fuels as was promised.

Budget Implementation Act, 2016, No. 1

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

Mr. Speaker, I thank my colleague from Longueuil—Saint-Hubert for his question.

I think that this budget implementation bill really is an omnibus bill. However, it is not at all like the omnibus budget bills introduced by the previous government. At least this bill does not contain changes to laws that have nothing to do with the budget, as was the case with omnibus Bill C-38 in the spring of 2012. It was really terrible and gutted certain laws meant to protect the environment.

I think the bill before us would be better if the government would examine certain projects, particularly the one that pertains to the Canadian Wheat Board. I would agree that it is an omnibus bill, but it is not all that terrible.

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

Mr. Speaker, I feel as though this budget suffered from the fact that, when input went into Finance Canada to draft this, ministers were just beginning to establish their staff, just getting briefed up.

I am hoping that this is like a budget with training wheels, and the Minister of Finance will get it better next year.

This does not meet the expectations of proper funding for infrastructure. For instance, having announced $100 million for infrastructure in the first 10 years, only 10% of that funding is in the first five years.

We are talking about the need for economic stimulus. The Liberal government got elected on a pledge to use deficit spending to stimulate our economy and specifically to help infrastructure. It does not adequately help infrastructure. It is too little.

Let us hope that 2017 really addresses the infrastructure crisis and removes fossil fuel subsidies and commits to a revised environmental assessment act, one similar to what we had up until Bill C-38 in the spring of 2012.

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

Mr. Speaker, resuming more or less where I left off, I am speaking to Bill C-15 at report stage.

I had earlier canvassed a couple of key points. One is that this is not an improper use of an omnibus bill, but it certainly is an omnibus bill. It does stay and pertain to one central theme, which is implementing budget 2016. I do remain concerned, however, that we should have spent more time on it.

I mentioned one item in particular where I think the current Liberal government may be flirting with the accusation of it being improper. We did spend some time on this one item in finance committee, but not enough, and that is clause 38, which adds section 135.2 in relation to tax-deferred treatment for transactions under the continuation of the Canadian Wheat Board.

It would have been good to have had this in a separate piece of legislation. The chair of our finance committee pursued the matter of what happened to the assets of the Canadian Wheat Board with some departmental officials. There were billions of dollars there. Where did that money go? How do we find out where it went?

We know that, in respect of the tax consequences of the trust created in connection with the continuation of the Canadian Wheat Board, the debt of the Wheat Board acquired by the trust is not included in the trust income, but we do not know what happened to the assets of the Canadian Wheat Board, which is a rather substantial question, and whether they were transferred to prairie farmers, as was expected. It appears that they were not.

That is an item that would have been better handled had this part of the budget bill been separated out so it could be properly studied.

There are other aspects that I did not have enough time to address before we stopped for members' statements and question period. I want to revisit one of them in particular that I described as egregious moments ago. Let me explain why.

That is found in the budget, and also, of course, the funds are provided in Bill C-15. On the face of it, if we did not know this issue well, we would think that it was great that the government is providing funding for the improved process under the National Energy Board for looking at environmental assessments.

I found it egregious, and I will read from the budget, at page 166. It says:

Budget 2016 proposes to provide $14.2 million over four years...to the Canadian Environmental Assessment Agency to support the Agency in fulfilling its responsibilities under the Canadian Environmental Assessment Act, 2012.

Further up on the same page, there is a similar suggestion that money will be provided:

...$16.5 million over three years...to [support] the National Energy Board...to implement the interim approach.

That was announced earlier this year by the Minister of Environment and Climate Change and the Minister of Natural Resources.

What must not be lost in this discussion of environmental assessment is that the current state of Canadian environmental assessment law is unacceptable, full stop. It is a failure. It is a process that does not work. It does not examine all parts of the environment, nor does it allow the right agency to do the reviews.

Having the National Energy Board do environmental assessments at all is a departure from Canadian environmental law, it is a departure from the National Energy Board's area of expertise, and it is completely unworkable.

We need to go back and revisit the changes that were made in Bill C-38 and repair the Environmental Assessment Act for good, not based on interim measures being spread out for a further three to four years with funding to operate under interim measures to fix a broken process.

It would be far better for all concerned, including industry stakeholders. I was speaking the other day with the Mining Association of Canada leadership. They said they had never wanted the changes that happened in Bill C-38. They do not find the process better.

We need to fix the process, not fund a kind of Rube Goldberg device to try to make something unfixable slightly better.

Those are main concerns with the budget. I find that, although I like this budget a lot more than anything I have read in the last 10 years, I cannot vote for it, because of the continuation of fossil fuel subsidies and the continuation of funding a broken EA process.

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

Mr. Speaker, it is an honour to rise at report stage to speak to Bill C-15. In the seven minutes I have, I will try to be very economical and focus on a few points that have been mentioned by other members.

I have a very strong view about the improper use of omnibus budget bills, and I want to reflect briefly on the history of omnibus budget bills.

The mandate letter to the hon. government House leader makes it clear that he is directed to “end the improper use of omnibus bills”. Therefore, having fought very hard in the spring of 2012 against Bill C-38, the omnibus budget bill, I want to canvass this because I think it is important for me to say out loud that this is not an improper use of an omnibus bill but it comes dangerously close.

Omnibus budget bills between 1993 and the 2000 were generally around 12 pages long. The biggest omnibus bill that I had seen was in the spring of 2005 under the previous Liberal government of Paul Martin, which topped 120 pages. People actually protested that the Martin government's 2005 budget bill, at 120 pages, was too long, including the leader of the official opposition at that time, who went on to become prime minister and became the champ of all inappropriate and improper uses of budget bills.

This budget bill, at 179 pages, is clearly the longest omnibus budget bill from a Liberal government. However, it is a piker compared to the abuse of democracy that we saw under the previous Conservative regime.

In the year 2010, we saw an omnibus budget bill that was 883 pages long. In the spring of 2012, we saw the first part of an omnibus budget bill that was 440 pages long, with a second part in the fall, which was another 400 pages long.

What makes an omnibus bill appropriate or inappropriate? If in one piece of legislation we are working toward a single purpose and all pieces of the legislation stem from that single purpose, it is an omnibus bill all right, but it is not improper. What happened in the spring of 2012 is that Bill C-38 destroyed our Environmental Assessment Act, which was not mentioned in the budget, destroyed the Fisheries Act, repealed the National Round Table on the Environment and the Economy, repealed the Kyoto Protocol Implementation Act, and changed the National Energy Board Act. No fewer than 70 laws were changed at that time.

Therefore, let us not muddy the waters. The warning to my friends in the Liberal government is that they should not tread too far. This one should have split out the commercialization of the Wheat Board. We needed to study that separately. However, overall, this one is not an improper use of omnibus bills; rather, it just flirts with the word “improper”.

What is good and what is not good about this? Obviously, there is much in this budget to like. I was disappointed because I thought there would be more to like, and there are two specific elements I must mention, before we move to Standing Order 31s, that are really unfortunate and, in fact, egregious.

In terms of the good things, there are changes to the employment insurance program that I welcome. However, as many groups have said, including those who testified before the finance committee, we need to go further and fix EI to get it back to the systems we had before the changes of the Conservative regime. Therefore, while it is certainly better to have the changes we just made, I tried in committee to make amendments to deal with the long-tenured worker, the idea that one has to work for seven years to qualify for those pieces. We have not yet seen the reversal of the changes to seasonal workers. We need to see that.

In the case of the child benefit program, I agree with the Canadian Teachers' Federation, which described it as a good first step to alleviate childhood poverty. However, I found this evidence from the Canadian Teachers' Federation really telling, and we should all take it on board as parliamentarians. It stated:

Each day in our classrooms, Canadian teachers engage with children and youth who are hungry, tired, and struggling due to poverty.

I talk to teachers all the time. We need to do much more for our children. This is just a very small first step.

With respect to veterans, I would say that the Liberals kept their promise to open the veterans offices across Canada that were wrongfully closed. They have done some things that will change the permanent impairment allowance and the grade determination. This is an improvement. However, we still need much more to be done for our veterans, just as we do for pensioners.

The National Pensioners Federation made the same point. The increase in GIS for pensioners is very welcome, but it is $2.60 a day. The maximum improvement for poor seniors in this budget is $2.60 a day. That is not enough.

There is more that I liked in the budget, such as cultural industries and better deals for students, although the money needs to be improved. However, there are two pieces that are completely egregious. One is found on page 221, where the fossil fuel subsidy to liquefied natural gas is left in place until 2024. This is a violation of the Liberal election promise to end subsidies to fossil fuels.

Also, at pages 166 and 167, we see a commitment to keep environment assessment in place under the Bill C-38 version, which as I just mentioned, destroyed our environmental assessment regime. Specific reference to continue to fund CEAA under the Canadian Environmental Assessment Act, 2012, is offensive to all of us who understand environmental law.

Indigenous Affairs

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

Mr. Speaker, with no offence to my friend and colleague, the hon. Parliamentary Secretary to the Minister of Environment and Climate Change, I do believe that the wrong department has responded. My question is specifically in relation to indigenous issues, and it is very clear that the ongoing construction is an ongoing daily violation of treaty rights, which the new Liberal government has sworn to uphold, as the hon member says, on a nation-to-nation basis.

This project underwent a robust evidence-based environmental review because it was reviewed under the legislation that pre-existed the omnibus budget bill, Bill C-38, which wrecked our environmental assessment process and within which the current government finds itself trying to jerry-rig bad processes. This was a fair process. It was a fair federal-provincial review which said that this would cause irrevocable damage, and cabinet overturned that good advice. The current cabinet can overturn that bad decision, stop the project, and respect the rights of first nations.

The Budget

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

Mr. Speaker, I also want to begin by telling my hon. colleague, the leader of the New Democratic Party, how much I respect his dignity, his perseverance, and his being in the House today to present a very important speech on this budget.

I find the budget deeply disappointing and perplexing. I know the hon. leader dedicated much of his speech to the Truth and Reconciliation Commission, the important priorities and promises that were made to first nations. It is too easy to condemn what is in the budget. There are $8.4 billion for first nations, but there is, undoubtedly, a failure to meet the requirements for the care and protection of first nations children. That part is still a gap.

I want to ask a question for the member. There is a gap on environmental protection. In this place, all opposition parties in 2012 fought hard against the omnibus budget bill, Bill C-38, which destroyed habitat protection under the Fisheries Act and destroyed the Environmental Assessment Act. Those devastating changes are not being reversed.

Will the hon. leader of the New Democratic Party agree with me and join in a call that the current Liberal government reverse immediately the destruction of habitat protection for our fisheries?

The Environment

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

Mr. Speaker, the 2012 omnibus budget bill, the infamous Bill C-38, repealed environmental assessment and put in place a bogus, weak Canadian Environmental Assessment Act, 2012, so-called, which has allowed the National Energy Board to make a mockery of real EA. I was shocked to find in this budget, at page 166, four years of funding specifically referenced to keeping the Canadian Environmental Assessment Act, 2012 alive.

Does the Minister of Environment and Climate Change intend to entrench Bill C-38, or do the right thing and get rid of it?

Opposition Motion—Energy East Pipeline Project

[Catherine McKenna, Liberal, Minister of Environment and Climate Change]

Mr. Speaker, I would like to inform you that I will be splitting my time with the member for Thérèse-De Blainville.

I welcome this opportunity to speak to a motion put forward by the hon. member for Portage—Lisgar. The motion is timely. It comes during a week when the Prime Minister clearly outlined the government's role in looking out for Canada's best interests during pipeline reviews rather than acting as a cheerleader.

The motion comes a day after the Minister of Natural Resources and I announced an interim approach and specific measures to immediately strengthen environmental assessments in advance of a review of environmental assessment processes.

I am certain that MPs would like to know how we reached this point. First, I will provide some context.

The federal system for project reviews, including energy projects and pipelines, includes environmental assessments, consultation of aboriginal groups and decisions on issuance of permits.

This system is important for protecting the environment and the safety of Canadians. Meaningful consultations with indigenous peoples are essential. The process must consider the views and concerns expressed by Canadians and affected communities. Achieving these objectives is important for the economy and the environment.

In 2012, omnibus budget legislation, Bill C-38 and Bill C-45, significantly changed the system for project reviews by replacing the Canadian Environmental Assessment Act with CEAA 2012, amending the National Energy Board Act and Fisheries Act, and amending and renaming the Navigation Protection Act. For such important legislation, Parliament did not spend long examining the bills: three months for the first bill and two months for the second one. This motion speaks to important issues that have been affected by the changes made in 2012.

We know that natural resources projects play a vital role in our economy and we recognize how important job creation and economic growth are to Canadians. We believe that it is important and essential to rebuild Canadians' trust in our environmental assessment processes. That is the only way to get resources to market responsibly in the 21st century.

The fact that the Minister of Environment and Climate Change and the Minister of Natural Resources are working together on this sends an important message. It indicates that a healthy environment and a strong economy go hand in hand.

We know that natural resources projects play a vital role in our economy and that they create jobs for Canadians and grow our economy. We also know that in 2016, projects will only get done if they are done sustainably and responsibly. We believe it is important and essential to rebuild Canadians' trust in our environmental assessment processes. We need to take into account the views and concerns of Canadians, respect the rights and interests of indigenous peoples, and support our natural resources sector. That is the only way to get resources to market responsibly in the 21st century.

Yesterday, we made the first steps toward that goal. The principles we announced will allow the government to make better evidence-based decisions on major projects. These principles will apply to projects currently undergoing a federal environmental assessment until legislated changes can be implemented.

The principles that we announced yesterday will allow the government to make better evidence-based decisions on major projects. These principles will apply to projects currently undergoing a federal environmental assessment until legislated changes can be implemented.

The principles are clear. They were part of our platform last fall. Canadians gave us a clear mandate to implement them. Yesterday, we delivered on that mandate. Our goal is to restore robust oversight and thorough environmental assessments of areas under federal jurisdiction while also working with provinces and territories to avoid duplication. Our goal is also to ensure that decisions are based on science, facts, and evidence and serve the public's interests. They are also to provide ways for Canadians to express their views and opportunities for experts to meaningfully participate; and they will require project advocates to choose the best technologies available to reduce environmental impacts.

With these goals in mind, we will be engaging Canadians through an open, inclusive, and respectful review of environmental processes. However a review will take time. Any proposals for legislative change arising out of the review will have to be carefully considered by Parliament. This raises the question of what to do with projects currently undergoing environmental assessments.

Yesterday, we announced the interim approach, including clear principles that the government will follow to make better decisions on major projects. These principles are based on the fact that protecting the environment and growing the economy are not incompatible goals. In fact, our future success depends on us doing both of those things.

The principles are clear. They were part of our platform last fall. Canadians gave us a clear mandate to implement them. Our interim principles are, first, no project review will return to square one; second, decisions will be based on science and evidence, including information on climate change and traditional knowledge of indigenous peoples; third, decisions will be informed by consultation and input from Canadians, including indigenous peoples and affected communities.

Consultation is, and will continue to be, a driving force of our government in how we approach environmental assessments. As the Prime Minister has said, there is no relationship more important to our government than the one with indigenous peoples. It is time for a renewed nation-to-nation relationship, based on recognition of rights, respect, co-operation, and partnership.

The principles underscore our commitment to work in partnership with indigenous people and to ensure that their rights and interests are respected. Greenhouse gas emissions must also be taken into account in decision-making. Addressing climate change is a key priority for the Government of Canada.

Gathering evidence and facts on greenhouse gas emissions from a variety of sources, including environmental assessment, will further help inform our national climate change plan. At the same time, the private sector has a role to play as a source of dynamic innovation for greener and cleaner technology and practices. Environmental assessments can help promote this innovation. After all, the goal of environmental assessments is to improve the way projects are designed, built, and operated.

I want to emphasize that the interim approach released yesterday and our commitment to review environmental assessment processes are actions that I believe will help restore public trust in environmental assessment processes and the decisions that result.

Canadians voted for a government that understands that the economy and the environment go hand in hand. Yesterday, we gave business people the certainty they need to plan and build and grow, and we provided Canadians with the reassurance they want that their environment will be protected.

In 2016, that is the responsible thing to do and the only way we will ensure both our collective prosperity and our future. I am very pleased to read some reviews of yesterday's announcement of interim principles. Adam Scott of Environmental Defence said that to have all of the material in hand when making the decision will make for a better and higher-quality, informed decision.

Shannon Phillips, Alberta environment minister, said that she and I have had ongoing conversations about our role with respect to climate leadership; the importance of access to tidewater. She said we have in our initial meeting talked about environmental assessment processes, and so there have been conversations along the way. She said the federal government works productively and collaboratively with them, and they appreciate that respectful relationship.

Mark Cooper, TransCanada spokesman, said:

We support a strong and clear regulatory framework that helps Canadians see our commitment to building and operating oil and gas pipelines in the safest and most environmentally sound way possible.

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

Madam Speaker, as to the opposition motion before us today, I want to go on the record as saying it is quite bizarre to hear from the opposition benches that the current government is ideologically driven in changing environmental reviews after the horrors of Bill C-38, the omnibus bill, that, as my hon. colleague from Edmonton—Strathcona has already pointed out, gutted the Fisheries Act and repealed the Environmental Assessment Act, which, up until that point, would have required a greenhouse gas assessment as part of an environmental review of any pipeline project.

The motion today makes a rather large leap, which is not factually correct. It claims that the energy east pipeline is for the purpose of transporting oil. Words matter. The pipelines, whether energy east, Kinder Morgan, or Keystone, were all for the purpose of transporting a raw product, not even crude, bitumen mixed with diluent. Would the minister consider the importance of being precise in our language, that when we are talking about exporting a raw product to bypass Canadian jobs and Canadian refineries, we ought to say so?

Motions in amendment

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

Mr. Speaker, the member for Winnipeg North allows me to point out that, under this Conservative administration, the treatment of legislation through the House amounts to contempt of Parliament. There has been a series of abuses, from the use of omnibus budget bills to time allocation, to converting what used to be a very consensual, non-partisan study of bills in parliamentary committees into a scripted, whipped vote process in which amendments that should be accepted because they represent misunderstandings or typographical errors, even clerical errors, were pushed through, in bills such as Bill C-38. It is, in fact, a contempt of Parliament.

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

Mr. Speaker, I appreciate the opportunity to speak at report stage. I understand I am speaking to my amendments that were the deletion amendments and that substantive amendments that I put forward still await a ruling.

As I have the floor now, just in brief response to the point made by the government House leader that he was somewhat caught unaware by my point of order, I have checked with my staff on the number of times the government House leader has risen on points of order directed at restricting my rights as a member of Parliament. I have not received any advance notice from the government House leader. Not that I was in any way suggesting tit-for-tat, but I did not realize it was a convention in this place to give the government House leader more notice of my points of order than he has ever given me.

Turning to the substance of Bill C-59, I appreciate the remarks from my friend from Skeena—Bulkley Valley. The substance of the bill needs to be put forward again clearly that this is an omnibus budget bill once again.

This is an omnibus budget bill that amends 20 different Canadian laws. These are 20 completely different things.

Therefore, there is no single unified purpose, which is the underlying principle of why we would ever have omnibus legislation in this country. Under this administration, the use of omnibus budget bills is unprecedented in Canadian parliamentary history, as is the use of time allocation. We have never had any other administration ever put forward so much legislation through the form of omnibus budget bills with sections that are unrelated to each other and equally unrelated to the budget.

This one is not as lengthy as others. Certainly, Bill C-38 had over 400 pages and was followed by Bill C-45 at over 400 pages. In earlier times, when the Conservatives were a minority, they brought forward 800 pages of omnibus budget legislation in 2008. I think it was over 900 pages in 2009. In terms of page length, this one is just under 160 pages. It is less lengthy but no less complex than previous omnibus budget bills. As a result, it has had inadequate study. It was pushed through committee and pushed through this place, with time allocation at every stage.

In looking at it in any level of detail, I think it is worth reviewing with other members of this House because we have had so little time to study it, how many different sections of laws are affected by this.

It affects parliamentary precinct security. That is one thing I want to return to because it is a fundamental and very important constitutional question of who is in charge of security in this place.

It changes the Personal Information Protection and Electronic Documents Act, PIPEDA.

It makes amendments to the First Nations Fiscal Management Act, a good piece of legislation that we had been waiting for for some time, which really deserves its own care and attention through this place.

It makes changes to the Trust and Loan Companies Act.

It makes changes to the Public Service Labour Relations Act, which are quite egregious in that they pre-empt collective bargaining. I will stop at this point to say that this pre-empts collective bargaining to make changes to sick leave provisions for our very hard-working federal civil servants.

The changes that would occur to the National Energy Board Act would change the maximum duration of licences for the exportation of natural gas issued under the NEB Act.

It goes on and on in terms of the number of distinct and different pieces of legislation, none with a relation to each other, none receiving adequate study.

I will add one anecdote. I presented amendments at committee on a previous omnibus budget bill. It was not until I presented the amendments that the committee realized that there had been no witnesses on that particular section. None of the committee members remembered having read it, so my amendments could not be adequately discussed because nobody really knew about that section of the omnibus bill. There were just too many sections to give it adequate care and attention.

Let me just touch on some of the ones that are concerning.

I certainly was concerned to see the changes to the Copyright Act. These are changes that benefit the music industry, particularly the large U.S. companies, not the songwriters and not the musicians of Canada, by changing the copyright for a song recording from 50 to 70 years.

There are also changes in division 9. I mention these briefly but without describing them. The natural gas exportation licence would be extended to 40 years, up from 25. That is quite a significant change. It was opposed in committee by the witnesses from West Coast Environmental Law. I will just quote from their testimony. They said:

It is quite possible that something thought to be a good idea today may not, in 25 years' time, with the advent of climate change, economic shifts, an increasingly harmed environment, and other potentially unforeseen alterations in the landscape...

be considered a good idea in four years' time. These are significant changes that did not receive enough study.

We heard from the member for Skeena—Bulkley Valley, and I completely agree, about the precarious nature of interns working in the federal civil service. All parties have at various times said that they want to do something to ensure that unpaid internships and student work within the government are protected properly. The access is going to go in that direction, but as a submission from the Canadian Intern Association made clear, much more needs to be done if these workers are not to be exploited in the system.

Given the time I have at the moment, I will move on to other areas of the bill that really should have had greater study. The biometrics piece is one that came out with witness testimony at the very last minute. It was actually on the morning that we moved to clause-by-clause. We realized how sweeping the changes are in terms of collecting biometric information. They might even apply to people who want to come here as tourists, given the changes that were made in the fall of 2012 in Bill C-45. For people seeking to come here on vacation, if they are not in a country that requires a visa, these potential tourists would also have to apply to the Minister of Citizenship and Immigration for permission to come to Canada. The sweeping nature of the changes under biometrics information could apply to tourists, even though I do not believe that that is the government's intent.

Let me just make sure that in the three minutes remaining, I concentrate on the two most egregious changes in Bill C-59.

I mentioned earlier the change in security in the parliamentary precinct. There could not be a more serious issue for those of us assembled in this place. We had the attack and the tragic murder of Nathan Cirillo on October 22, 2014, and what could have been a far more devastating tragedy had the security team of the House of Commons, the RCMP, and the Ottawa Police had not acted as they did and ended that crisis.

The conclusion being reached that we need a unified security team is exactly right. We do need to ensure that the outside grounds and the inside of Parliament are all protected by people who are in one unified system. The large question, and one that has been rushed through this place without adequate study, is which of the security agencies should be in control. It is deeply embedded in parliamentary tradition. The first reference to this that I could find goes back to the year 1500. It is deeply embedded in parliamentary tradition that you, Mr. Speaker, are the person, the entity and the office that protects the security of the members here.

A change to give control to the RCMP, which ultimately reports to the Prime Minister or to the executive part of government, is a fundamental change that is unconstitutional. However, because of the privileges that surround Parliament itself, it is unlikely that we will ever be able to challenge this in a court.

It should not be rushed through this place. It is a fundamental change in the relationship between the Speaker, the members of Parliament who look to the Speaker for the protection of their rights, and the risk of an abuse of that authority to impede access to this place, based on party membership. I am not going to suggest that it exists with any particular prime minister. There is a significant risk that remains for potential future prime ministers if we do not change this.

The last point I want to raise is best expressed in the words of the Information Commissioner of Canada about the changes to undo laws in effect. She said:

These proposed changes would retroactively quash Canadians’ right of access and the government’s obligations under the Access to Information Act. It will effectively erase history.

...[it] is not an attempt to close a loophole; but rather it is an attempt to create a black hole.

Such changes should not be allowed in any democracy. Bill C-59 should therefore be defeated.

Yukon and Nunavut Regulatory Improvement Act

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, I am honoured to stand in this House to speak to this critical bill. I want to begin by correcting the record. The minister who just spoke characterized support from Yukon first nations in a way that is simply not the case.

I am proud to be part of the NDP, the official opposition that stands with Yukon first nations. We categorically oppose Bill S-6, not as the minister said. We oppose it along with many Yukoners, members of the legislature, members of organizations, environmental organizations, esteemed Yukoners who were part of putting together YESAA, and members of industry. They are all expressing their opposition to this bill. I am proud that we are standing with them today to do so as well.

The Standing Committee on Aboriginal Affairs and Northern Development travelled to the Yukon to hear testimony from those who will be affected most by Bill S-6. We now know that Yukoners do not want this bill. We know that first nations do not want this bill. To pass it would be imposition on their right of self-determination, and in the case of Yukon first nations, it will be a breach of the final agreement.

The callous disrespect that the Conservative government repeatedly shows towards treaty rights is both outrageous and, frankly, illegal. It knows that. It knows that Bill S-6 will send them into the courts, battling against Yukon first nations.

The fact is that Conservatives do not care. We know that the government is currently engaged in litigation with 95 first nations. It has spent hundreds of thousands of taxpayers' dollars fighting indigenous rights in court. Enough is enough.

As I attended the truth and reconciliation closing events this week, I saw thousands of Canadians who are ready to repair the ongoing violence of colonialism. However, we need our government to be a partner in this great task. Knowingly brushing off the Yukon first nations final agreement is illegal, immoral, and it will be expensive. More importantly, this week, it is also opposite to the spirit of reconciliation.

It is perhaps most disappointing in this case that Yukoners of all kinds are in fervent disagreement with Bill S-6. They want to uphold the final agreement. They see it as their agreement as well. The Yukon Environmental and Socio-economic Assessment Act, known as YESAA, is a made in Yukon program, and they worked hard to achieve it. They want to be good neighbours and good business partners with first nations and the federal government.

What is clear, since hearing testimony from Yukoners, is that the territorial Yukon government does not speak on behalf of the people. This is clear, as it supports this legislation.

I remember communicating with the Grand Chief of the Council of Yukon First Nations, Ruth Massie, who stated:

This whole process attacks the integrity of our constitutionally protected agreements and Yukon First Nations will stand by their agreements even if it means going to court, they give us no choice. We did not sign our agreements to implement them in the courts but we will protect them.

The people of the Yukon and first nations alike are baffled by the contents of Bill S-6. The YESAA recently underwent a five-year review, through which recommendations were made. However, the four amendments that are the cause of concern appeared nowhere as recommendations in the five-year review.

These four changes are contrary to the intent of the land claims agreement and undermine the neutrality of the YESAA process. The changes are that the federal Minister of Aboriginal Affairs will be endowed with the authority to provide policy directives to the YESAA board; that the federal minister will be given the power to delegate his federal powers to the Yukon government; that the exemptions for renewal and amendments could work to eliminate requirements for projects that could have major effects on the environment and communities; and, finally, that the condensed timelines on the YESAA assessments will limit the thoroughness of environmental assessments and limit the opportunity for first nations input.

Grand Chief Ruth Massie said this of the amendments in Bill S-6:

Yukon First nations have met with the Government of Canada, specifically [the Minister of Aboriginal Affairs and Northern Development Canada] and have asked them to remove four problematic amendments proposed to the Yukon Environmental and Socio-economic Assessment Act [that was] established in Chapter 11 of the Umbrella final agreement and each final land claim agreement of the eleven Yukon First Nations.

1. Yukon First Nations are opposed to the proposed amendments to YESAA because they undermine our Aboriginal rights, titles and interests.

2. The four proposed amendments were not discussed with the agreement signatories prior to being considered, a complete surprise to Yukon first Nations. This is a direct breach of the constitutionally protected agreements for all eleven Yukon First Nations in regards to consultation and accommodation.

3. Canada's decision to impose the four proposed amendments will likely result in litigation with Yukon First Nations. This will affect the Yukon economy and cause [an impact on] any future resource development. Very unnecessary actions!

The question, why is the current government taking actions that it knows are unlawful and will lead to litigation? Why do Conservatives consistently force first nations, Inuit, and Métis communities into costly, protracted court battles that they will ultimately lose? The answer, I am afraid, lies in the Conservatives' willingness to put the perceived interests of extraction companies above environmental and first nations rights.

As with so much other legislation we have seen in this Parliament, the Conservatives intend to obliterate the environmental assessments and protections that Canada has established. I am speaking of Bill C-45, the omnibus bill that destroyed the navigable waters act; or Bill C-38, which made sweeping changes to Fisheries and Oceans.

What is most interesting about Bill S-6 is that a good portion of the businesses and extractive corporations with interests in the Yukon are also opposed to it. Industry is learning faster than government that in order to have sound, productive business dealings on or affecting indigenous lands, industries must secure meaningful consent and partnerships first.

I would like to read from a letter sent by a CEO of the Casino Mining Corporation, Paul West-Sells, who wrote to the Minister of Aboriginal Affairs:

On behalf of Casino Mining Corporation...I am putting forward our company's concerns regarding the fragility of intergovernmental relations in the Yukon surrounding Bill S-6 and the negative impact this is having on the territory's mineral industry.

It is imperative for Casino that the Yukon Environmental and Socio-economic Assessment Act...has the broad support of all governments in order to ensure the confidence of both project proponents and Yukon residents in the YESAA process and to facilitate investments in the territory.

In other words, if there is no confidence that first nations will support the government's environmental assessments, there can be no confidence in the investments that businesses want to make there. Bill S-6 could have disastrous implications on the Yukon economy.

I have been told that Yukon is proud that YESAA is homegrown and serves Yukoners and first nations. It is their tripartite agreement that created it. The current government is focused on destroying the protections over so many local and beloved waters and ecosystems. Yukoners know that YESAA is unique, and that it stands to protect the biosphere and their relationships with the indigenous communities they live with.

One of the repeated concerns that has been raised by Yukoners is that their voices have not been heard throughout this process. I quoted Grand Chief Ruth Massie, and I also want to read into the record the voices of other Yukoners who have been fighting Bill S-6.

Mary Jane Jim, councillor of the Champagne and Aishihik First Nations, provided testimony before the Senate Standing Committee on Energy, the Environment and Natural Resources. She said:

The CYFN and Yukon First Nations assert that the federal government would breach its constitutional duty to uphold the honour of the Crown when it proceeded unilaterally with amendments to the YESAA.

A great friend, Yukon NDP leader Liz Hanson, said in October 2014:

Eleven years ago, devolution gave the Yukon government province-like powers for land and resource management. This was an important step in Yukon’s history and crucial in Yukon’s ability to determine our own future, a future grounded in respectful relationships among Yukon First Nation governments and the Yukon government.

With these proposed amendments to what is a made-in-Yukon environmental assessment process, YESAA, it’s no longer ours.

The NDP leader Liz Hansen also said:

What we need, what is sorely missing, is a willingness to engage in an open and honest manner. We need a relationship built on dialogue and respect, rather than on lawsuits and secret negotiations.

A Yukon news editorial in June 2014, entitled “Environmental assessment reform should be done in the open”, wrote:

A long list of people deserve raspberries for this needlessly shady behaviour. At the top of the naughty list are Senator Daniel Lang and [the member for Yukon], who are supposed to ensure that the interests of Yukoners are represented in Ottawa. Instead, they’ve kept the public out of the loop, other than [the member for Yukon] uttering vague generalities about the forthcoming changes without offering any meaningful specifics. Shame on them.

Chief Eric Fairclough, chief of Little Salmon Carmacks First Nation, is quoted as having said:

—YESAA originates from and is rooted in our land claim agreements. It manages the use and the development of lands, waters, and resources in Yukon. As a result, implementation of YESAA may affect the exercise of aboriginal treaty rights. In this case, the crown has not acted in accordance with its constitutional duties owed to Yukon first nations. The crown has breached its duties to work with Yukon first nations and take steps to accommodate our concerns. The crown has not acted honourably or fairly. The crown has breached its constitutional duty to act in the honour of the crown.

Chief Carl Sidney of the Teslin Tlingit Council is quoted as having said:

Industry and development come and go, but we are here forever and we carry that sacred responsibility. YESAA is connected to those beliefs and values through our agreements and should not be amended without our consent. We entered into the agreements as a way forward as an expression of who we are as people. An essential part of that vision was the recognition of and respect for our land, our water, and the air we breathe. They are a part of us and we are part of our environment for all time. It is our collective responsibility as a treaty party to ensure these unique relationships will be part of our future.

The amendments in Bill S-6 imposed by Canada at the last minute undermine what we have created together. It is critical to success that we continue to work together as was the vision under our agreements. Canada's stated intention in entering into final agreements was to create certainty about the use and ownership of Yukon land and natural resources. Substantial aboriginal rights, including title, were exchanged for constitutionally protected treaty rights. That was a high price to pay to achieve certainty for all Canadians and the Yukon first nations who have signed agreements and have paid it in full.

I would like to read into the record Chief Angela Demit's words, the Chief of White River First Nation, who said:

We participated in meetings with Canada about the changes to YESAA. Through that experience we have understood that the changes being proposed by Canada have much more to do with an agenda made in Ottawa than with the recommendations that came out of the YESAA five-year review process.

Mr. Tom Cove, director of the Department of Lands and Resources for the Teslin Tlingit Council, said:

If I may, if the bill passes as is, the potential for litigation is a virtual, absolute certainty and is a great concern to Teslin Tlingit Council, other first nations, and a lot of Yukoners, and to investors outside the Yukon who have an interest in investing further in natural resource development, but in many other ways as well. It's of great concern and it is a virtual certainty. I'm not exactly sure, but the last time I looked I think there are five law firms already hired to prepare the work that's necessary in anticipation of this bill going forward. That's a lot of momentum in that direction.

Chief Doris Bill, the chief of Kwanlin Dün First Nation, stated:

Providing a single party with authority to direct the board is fundamentally inconsistent with any legislation that stems from our tripartite treaties. While the treaties obligate Canada to enact YESAA, it does not own YESAA and cannot choose to dictate its own policies on the independent assessment body.

Ms. Millie Olsen, deputy chief of the First Nation of Na-Cho Nyak Dun, stated at committee:

YESAA currently has timelines for assessors to review each iteration. This approach encourages proponents to prepare comprehensive applications that minimize iterations. Proponents who prepare adequate applications quickly are rewarded under the current process because they can proceed quickly.

On the other hand, the Bill S-6 approach of applying a beginning-to-end timeline will reward proponents who prolong the adequacy review phase by using up time with multiple iterations. The approach will penalize assessors and reviewers like first nations because it will shorten the most important public review phase, infringing on our right for comprehensive reviews of projects.

Chief Steve Smith, the chief of the Champagne and Aishihik First Nations, testified at committee. He stated:

Bill S-6 is a roadblock to reconciliation. The unconstitutional bill demonstrates the federal government's unilateralism and lack of understanding of the relationships that arise from the final agreements, the federal government's failure to abide by the collaborative development assessment regime mandated by the final agreements, and the federal government's indifference to fostering productive and collaborative treaty relations with Yukon first nations. This is fundamentally unacceptable.

Ms. Wendy Randall, the chair and executive committee member of the Yukon Environmental and Socio-economic Assessment Board, YESAA, stated at committee:

It is important to note that YESAB is not part of government. We are not a regulator. We do not issue permits or authorizations, and we do not make final decisions on projects. We are an independent board that conducts environmental and socio-economic assessments and makes recommendations to decision bodies. Those decision bodies are the three orders of government that have control over land and resources in Yukon, so federal, territorial, and first nation governments....

We have 10 years of experience conducting environmental assessments on projects, from very small projects to very large [ones]. We have flexibility now in timelines that we have established under our rules, which for the most part, I feel, work fairly well.

Certainly there are areas in which things can be improved. We have proponents. We have first nations. We have other groups with sometimes different interests who feel there could be improvements made. I'm unsure until I see how these changes would play out or be implemented whether they would accomplish that or not.

Ms. Allison Rippin Armstrong, vice-president, Lands and Environment for the Kaminak Gold Corporation, stated:

—Kaminak is concerned that the process through which YESAA is being amended is creating increased distrust between governments and uncertainty in the assessment and regulatory process for current and future projects in Yukon.

I have shared the voices of Yukoners of Yukon first nations who have stood up against Bill S-6. They are standing up against the government's agenda.

As a proud northerner myself, I stand with them, along with my colleagues in the NDP, in solidarity against Bill S-6.

I move:

That the motion be amended by deleting all the words after the word “That” and substituting the following:

“this House decline to give third reading to Bill S-6, An Act to amend the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Nunavut Surface Rights Tribunal Act, because it:

(a) was developed without adequate consultation with Yukon First Nations, as per the government of Canada's constitutional duty, and without adequate consultation with the people of Yukon, as per the government's democratic duty;

(b) provides the Minister of Aboriginal Affairs and Northern Development with authority to unilaterally issue binding policy direction on the Yukon Environmental and Socio-economic Assessment Board, which undermines the neutrality of the environmental and socio-economic assessment process;

(c) provides the Minister of Aboriginal Affairs and Northern Development with authority to delegate powers to the territorial minister without the consent of First Nations;

(d) provides broad exemptions for renewals and amendments of projects; and

(e) includes proposed timelines on the assessment process that will affect the thoroughness of environmental and socio-economic assessments and opportunities for First Nation input on major projects.