Bill C-392 (Historical)

An Act to amend the Aeronautics Act, the Fishing and Recreational Harbours Act and other Acts (application of provincial law)

This enactment amends certain acts to subordinate the exercise of certain powers to the applicable provincial laws concerning land use and development and environmental protection.

Aeronautics Act

[Monique Pauzé, Québec debout, Repentigny, QC]

moved that Bill C-392, An Act to amend the Aeronautics Act, the Fishing and Recreational Harbours Act and other Acts (application of provincial law), be read the second time and referred to the Standing Committee on Transport, Infrastructure and Communities.

Mr. Speaker, I am very proud to rise in the House today. Being able to introduce a bill and debate it is a significant moment for a legislator. Bill C-392 will give me a sense of accomplishment, and members will soon see why.

This bill will ensure that no one will be above our laws. It will help ensure better protection for our environment and farmlands, and it will allow for much more harmonious land use and development. Bill C-392 amends eight federal acts to impose constraints on the ministers responsible for enforcing these acts. This bill deals with legislation regulating pipelines, harbours, docks, airports, telecommunications infrastructure, and all property that enjoys federal immunity, including land managed by the National Capital Commission.

Once this bill is passed, the federal government will no longer be able to authorize an activity or infrastructure project that would violate provincial laws or municipal bylaws on environmental protection and land development. In theory, Quebec belongs to Quebeckers. For the most part, the protection of our territory and environment is governed by Quebec law.

Moreover, Quebec is a pioneer in this area. It has had environmental legislation on the books for almost half a century. It may not be perfect, but it is the best in North America. The same applies to land development. There is a series of laws and regulations to ensure that it is as harmonious as possible at both the provincial and municipal levels.

To ensure Quebeckers’ needs are taken into account, there is a series of consultation mechanisms, for example the Bureau d’audiences publiques sur l’environnement, and municipal referendums. In short, we have adopted a series of laws and mechanisms to protect our environment, ensure harmonious land development and guarantee that projects have social licence. The same is true of every province.

However, when it comes to projects under federal jurisdiction, none of this applies. For all intents and purposes, the federal government is above provincial law. Quebec laws and municipal by-laws continue to apply, but only insofar as they do not affect activities under federal jurisdiction.

Consider a hypothetical pipeline project. We might demand that the pipe be painted green, blue, black or yellow. That does not cost much or bother anyone. However, we could not impose major constraints or demand costly detours, much less refuse to give our consent for the project. Only the federal government can make these decisions, despite our laws and regardless of the will of my people.

Since I was elected about two years ago, there have been too many federal projects that have caused discontent because we have no say in their implementation. It is as if we were no longer at home at home.

Here are some examples: consider the Act Respecting the Preservation of Agricultural Land and Agricultural Activities, which is celebrating its 40th anniversary this year. We tend to forget, because Quebec has a huge territory, but our farmland is extremely valuable. Only 2% of Quebec’s total land mass is made up of good farmland. When it is contaminated and paved over, it is lost forever. It is lost to posterity.

For 40 years now, developers in Quebec have been prevented from destroying our farmland. They must appear before the Commission de protection du territoire agricole and obtain authorization before building anything in a green zone.

However, in 2010, the Supreme Court ruled that the act did not apply to the construction of aerodromes on protected farmland. Since aeronautics is under federal jurisdiction, these contractors are above provincial law. As a result, since the last election, an airport was built in an agricultural area in Saint-Cuthbert, in the riding of Berthier—Maskinongé. There is another one in Neuville, an aerodrome built smack dab in the middle of a cornfield in the riding of Portneuf—Jacques-Cartier. In both cases, the construction violated provincial law, the Union des producteurs agricoles protested, the municipalities protested, and the Quebec government and the National Assembly protested. No one wanted them, but the federal government gave the go-ahead anyway.

The same thing happened in Mascouche, in my esteemed colleague’s riding of Montcalm. In the case of Mascouche, the bill breaches three laws; not one or two laws, but three laws. It breaches agricultural zoning provisions, municipal zoning provisions and the Canadian Environmental Protection Act, because it is in a protected wooded area. My colleague from Montcalm spoke many times in the House on the issue, but that did not matter to the government. It blindly authorized the construction, and the whole thing is now before the courts.

Let us look at other examples. In the case of land development, municipalities are on the front lines. Developing a territory home to thousands of people and sharing it harmoniously in order to avoid conflict is a delicate affair. That is what city planning and zoning regulations are for. Land use planning can only be done at the local level by people who live in the territory in question. After all, it is their territory, their home. Of course, the federal government does not care. It grants businesses under its jurisdiction the same immunity it enjoys from our laws.

I am convinced that every member in the House could tell stories about problems with cell towers being built wherever telecommunications companies please. These companies are above provincial law, above the will of the people, and they certainly are not afraid to take advantage of it. Some cities have tried to pass by-laws to try to straighten things out, but the courts have struck them down one after the other. That is what happened in Terrebonne, Châteauguay and Gatineau. Montreal withdrew its own by-law because, during public consultations, the companies even threatened to sue the city. Industry Canada sent a brief to tell the city to back down.

I could mention the Port of Quebec. IMTT set up shop there, polluting the Limoilou and Saint-Roch neighbourhoods, in the ridings of Beauport—Limoilou and Québec. Residents began mobilizing because of the red dust that settled on their balconies, window sills and outdoor play areas. Among other things, the dust contained nickel, iron, copper and zinc. Did the federal government listen to them? Not at all, because Ottawa is far removed from the real world. At the end of the day, the Quebec government intervened, but it was met with arrogance from the federal government and the businesses it protects under the mantle of its power.

When inspectors from the Quebec ministry for sustainable development, the environment, and the fight against climate change wanted to visit the facilities, the port authorities told them that they had no business there, because the port is under federal jurisdiction. When the Quebec government served a statement of offence under its Environment Quality Act, the company sent it packing. The worst part is that the Quebec Superior Court ruled in favour of the company. The company can flout our laws and poison our urban neighbourhoods as much as it wants. It is above the law.

I have not even mentioned the energy east pipeline, that would have crossed 800 waterways in Quebec without our being able to do a thing about it. These 800 waterways are a source of drinking water for five million Quebeckers. TransCanada consistently refused to apply for a Quebec certificate of authorization, submit to BAPE hearings or comply with Quebec law. If the project had not been abandoned by the company, we would have seen monster protests, and I guarantee that I would have been among the protestors. There would also have been an endless legal battle between the Government of Quebec and the federal government, which systematically sides with companies against Canadians. The government should not be imposing projects on Canadians without their consent.

That is what is happening now in British Columbia, a taste of what will happen if the government tries to revive the energy east pipeline project. We need to settle this now, before it leads to a social and political crisis, which is precisely what will happen if the energy east pipeline project is revived.

I could talk about the federal government’s properties. Cities develop plans, rule on the maximum height of buildings and make an effort to preserve green areas so that the city can breathe. That is what land development is all about.

However, Ottawa can barge in and build anything anywhere, with no regard for local residents or the bylaws adopted by local elected officials. For example, the City of Gatineau has often ended up at daggers drawn with the National Capital Commission. Recently, someone was telling me about the fact that the government constantly nibbles away at Ottawa's Greenbelt whenever it builds new federal offices. That is how things go with projects under federal jurisdiction. There is no shortage of problems, from disregard for locals and legal uncertainty to court battles and unenforceable municipal bylaws.

This bill will fix all of that by introducing legal certainty into areas under perpetual litigation. Since there will be an act of Parliament to explain why proponents' projects were turned down, they will no longer be able to challenge the applicability of our laws. True, the bill will take discretionary powers away from the government, but only to give them back to the people. Furthermore, this would fulfill one of the Liberals' campaign promises that they seem to have forgotten once they got a taste of power. I would just like to remind them that they said the following:

While governments grant permits for resource development, only communities can grant permission.

Indeed, before the election, the Liberals promised that they would not issue permits for projects that were not approved by the province or municipality. That is precisely what the bill will force them to do. Given that projects will have to concurrently comply with federal laws, provincial laws, and municipal by-laws, the highest standard will apply. It is important to have fairly high standards for the environment.

We live in a democracy. Our laws, our regulations, and our consultation mechanisms reflect a certain social consensus. In principle, Quebec agrees with this bill. The Government of Quebec believes that its environmental and land use planning laws must apply at all times. The National Assembly has stated this unanimously several times.

Municipalities are very unhappy that Ottawa constantly circumvents them. The Union des producteurs agricoles wants Ottawa to comply with the law that protects Quebec land. Environmental groups want the highest standards to apply.

While the government insists on exercising its authority on all matters, we want to return control of the land to those who live there. That way we could to a greater extent be masters in our own house, as Jean Lesage used to say. That is Bill C-392 in a nutshell, and that is why I am very proud to introduce it today.

In closing, I would be remiss if I did not thank legislative counsel of the House, especially Nathalie Caron and Isabelle D'Souza, because preparing an omnibus bill that amends several laws and has almost constitutional impacts on a very tight deadline was quite the challenge and they rose to the occasion brilliantly. Hats off to them.

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

Mr. Speaker, I would like to congratulate the hon. member from Repentigny on her private member’s bill. I fully support the bill’s objective.

As my colleague mentioned, it is unacceptable that the government is ignoring the will of British Columbians in the matter of the Kinder Morgan pipeline.

With Bill C-69, there will be no credible assessment process for projects such as pipelines at the federal level. We must protect the provinces’ right to conduct more appropriate assessments, such as those conducted by the Bureau d’audiences publiques sur l’environnement.

What does my colleague think about this shortcoming in Bill C-69?

[Monique Pauzé, Québec debout, Repentigny, QC]

Mr. Speaker, I would like to thank my colleague for her question.

Yes, I tried to propose the same type of amendments that would have ensured compliance with provincial laws and municipal by-laws. Unfortunately, the entire Standing Committee on Environment and Sustainable Development voted them down.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, like Manitoba, I really do care about the province of Quebec. I care about the different regions of our country. My ancestors, both on my mother's and father's side, originated from the province of Quebec. I was an MLA for many years, almost two decades, in Manitoba. As much as I love my province, I understand that at times there needs to be a national interest in the potential for development of different projects. There also is is a need for a national government to demonstrate leadership. The former question is a good example of why it is necessary.

My question for my friend and colleague across the way is this. I can appreciate, as I am sure she knows, that she comes from a party that would ultimately like to see more separation of Quebec from Canada. To what degree might that be the primary motivation, as opposed to having legislation that is in the best interest of all Canadians, in the national interest?

[Monique Pauzé, Québec debout, Repentigny, QC]

Mr. Speaker, I would like to thank my colleague for her question, as it is an opportunity for me to tell her that the bill covers the country from coast to coast. Moreover, my colleague from Saanich—Gulf Islands supports it. We did a press briefing together.

Also, what is the national interest? In my opinion, the national interest is making sure that people have drinking water. Our bodies are apparently made up of 60% water. In my opinion, drinking water is an essential service, and that is what we need to protect. The national interest is protecting public health.

In Limoilou, people are breathing in dust containing nickel, copper, iron, zinc and God knows what else. In my opinion, that is not in the national interest. If Canada’s national interest means pipelines and oil and if that is more important than anything else, we are obviously not living in the same nation.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

We still have time for a brief question and answer. The hon. member from Trois-Rivières has the floor.

[Robert Aubin, NDP, Trois-Rivières, QC]

Mr. Speaker, I will try to be brief. First, I would like to thank my colleague from Repentigny for her initiative, which reminds me that the aerodrome in Neuville was a contentious issue under the previous government and that my colleague Élaine Michaud did an extraordinary job at the time.

As the hon. member said herself, her bill is something of an omnibus bill, because it affects eight laws. Although I support the bill, I wonder whether the amendments she proposes are the same in all eight cases. For example, are we talking about incorporation by reference? By what legislative process does she intend to tackle the problem?

[Monique Pauzé, Québec debout, Repentigny, QC]

Mr. Speaker, yes, the bill affects eight laws, but the same amendment applies to all of them. There are already laws in Canada that take provincial laws into account, such as the Canada National Parks Act. Bill C-392 takes elements from the Canada National Parks Act and applies them to all projects.

[Karen McCrimmon, Liberal, Parliamentary Secretary to the Minister of Transport]

Mr. Speaker, I am pleased to speak today about Bill C-392.

Bill C-392 touches upon several subjects, including intergovernmental relations, federalism, and the paramountcy principle, matters that have been debated in both houses of Parliament in relation to a wide range of subjects. In essence, this bill seeks to allow provincial governments to impose restrictions on environmental protection activities and land use for projects which the federal government undertakes across the country.

I applaud the member for Repentigny's initiative to give more prominent consideration to the environment and land use when projects and activities that fall under federal jurisdiction are being considered.

The government also believes that the environment is worth protecting. Canadians should know that their governments, at all levels, are working together to achieve economic and environmental objectives and are acting in the interests of their safety and security.

Every day millions of Canadians can go about their lives in an orderly and predictable way. They get into their cars that start and stop as they should; drive on roads where people follow the rules; buy groceries that are free from contaminants; land in airplanes at airports that are safe; drink water that is clean; and sleep well at night, knowing that our police, fire departments, paramedics, and military personnel are on guard for our security.

Our society depends on laws and rules to function, and each level of government is responsible for those things that fall into its jurisdiction. Education, building codes and highways, for example, are primarily provincial responsibilities. Matters such as defence, aeronautics, and radio communications, for example, extend beyond provincial borders and impact the country as a whole. In these areas, it falls to the federal government to implement a nationally consistent approach that serves Canada and its people.

As we all know, the division of powers in Canada has been defined in the Constitution Act, but we also know that this division is not black and white. There are many areas and many issues where interests will cross jurisdictional lines, where two or even three levels of government have a stake in an issue, like the environment, like health, like safety, like employment.

The Government of Canada works with the provinces on matters such as education, health, and employment. Likewise, the provinces work with the Government of Canada on matters that fall under federal jurisdiction.

This division of power is essential to maintaining order and predictability in our society. It ensures that we avoid the scenario of too many leaders in one situation or a leadership void when no one else wants to take responsibility in another. In Canada, all jurisdictions must work together on certain issues to promote and protect the interests of all Canadians. Even when we agree to work together, we must still respect jurisdictional boundaries.

Recent Supreme Court decisions on the doctrine of interjurisdictional immunity have stated that provincial and municipal legislation cannot impair core matters of federal jurisdiction over aeronautics or radio communication infrastructure.

While these decisions quite clearly establish federal authority on matters such as aerodromes and cell phone towers, the government does not hide behind interjurisdictional immunity to run roughshod over communities.

In fact, to ensure that local concerns are taken into consideration for activities and projects that fall under federal jurisdiction, the government puts processes in place for consultation and the consideration of environmental laws and land use.

I would like to illustrate this point with a few examples.

First, in January 2017, following a regulatory consultation process, Transport Canada implemented a new regulation called Canadian aviation regulation 307–aerodromes–consultations. The regulation was specifically established to require proponents of certain aerodrome projects to consult with affected stakeholders before starting work so local concerns could be identified and mitigated.

As another example, under the Canada Marine Act, Canada port authorities are charged with the management of federal real property and marine assets as well as navigable waters within the ports. In addition to abiding by all federal legislation and regulations, the Canada Marine Act provides for the incorporation of provincial legislation by reference to address specific issues when the need arises. As a result, British Columbia's liquefied natural gas regulation is being applied to the federal lands being managed by the Prince Rupert Port Authority.

My third and final example is the Canada Infrastructure Bank funding program. The Canada Infrastructure Bank acts as a minority partner in delivering federal support to infrastructure projects, alongside co-investment by private sector and institutional investors and sponsoring governments. Projects supported by the bank must respect all applicable laws in the relevant jurisdiction, including any applicable environmental or labour laws. Project sponsors are required to provide assurance to the bank and other investors that all applicable laws in a province have been respected.

The reason these specific examples were chosen is because these initiatives, all of which require consultation and consideration of local issues related to land use and the environment, are taken from the very acts that the private member's bill seeks to amend. There are countless other examples in the same acts and elsewhere that demonstrate the government's commitment to hearing the concerns of Canadians.

Because the government is not above listening and improving, it is constantly looking for ways to demonstrate this commitment.

Recently, it introduced Bill C-69, an act to enact the impact assessment act and the Canadian energy regulator act, to amend the Navigation Protection Act and to make consequential amendments to other acts. Bill C-69 exceeds the amendments proposed in Bill C-392 and would explicitly reflect the consideration of environmental, social, safety, health, socio-economic issues, including gender-based impacts, economics, and impacts on indigenous peoples.

Bill C-69 will also provide the public an opportunity to express their views during review processes.

As we all know, there are many issues that transcend municipal and provincial boundaries, and many others where the federal government may be unaware of local concerns. For this reason, taking a co-operative approach achieves the best possible outcome for all Canadians. With a country as large and diverse as Canada, we must all act in good faith and work together to achieve the best possible results for our economy and the environment and for our citizens.

Co-operation is a fine balance. There have been, and will continue to be, times when differences arise despite our best efforts to work together. Even the strongest relationships will experience disagreements.

Bill C-392 would represent a major shift in federal-provincial dynamics in Canada and would undermine the co-operative relationship that we have worked so hard to establish.

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Mr. Speaker, it is my turn to rise to talk about the bill introduced by my colleague, the member for Repentigny.

I would first like to congratulate my colleague who, as she mentioned herself in her speech, has done a lot of work and research on this. She worked with the legislative counsel of the House to draft a bill that, based on the information she has given us, complies with all constitutional rules and is in order. I doubt that it will really meet all of the court's expectations, but at least some work has been done.

Like me, my colleague very much likes Quebec and defending issues that matter to Quebec. When I was mayor I was involved in a number of jurisdictional disputes. Indeed, mayors are shocked when other levels of government decide for us what we must do or not do in our community. That being said, when I was the mayor of Thetford Mines, we had to manage a creek with a number of other municipalities and if each one of them had decided to manage the creek differently without guidelines, unfortunately, I would not have been able to guarantee the quality of the water at the end of the creek.

That is why I find it commendable that the hon. member wants to return decision-making communities to streamline their decisions, but sometimes streamlining can go too far and gloss over the general interest. That is when mistakes are made. Those decisions might have to be framed better because there are files that have to be managed by other levels of government.

Bill C-392 amends a number of acts, including the Aeronautics Act, the Fishing and Recreational Harbours Act, and also other acts, which I will have the chance to talk about later. The summary reads as follows:

This enactment amends certain acts to subordinate the exercise of certain powers to the applicable provincial laws concerning land use and development and environmental protection.

We need to understand that the very nature of the Québec Debout party involves seeking to opt out of all federal legislation. Basically, all that its members want is for Quebec to leave Canada. Without discounting my colleague's excellent work, we should not be surprised that they introduced a bill, as excellent as it may be, whose objective is to allow Quebec to opt out of federal laws. That is their political agenda. They want to leave Canada and they are taking small steps in that direction in the hopes that, one day, one more small step will mean that they no longer need Canada.

That is what is happening here. Unfortunately for them, we saw through their game and we are going to oppose Bill C-392 as it now stands, even though it was well done and my colleague worked very hard. She is a woman of conviction, which is a great thing in Parliament. We can believe different things and express our views.

I could make some recommendations to my Québec Debout colleagues, but I will refrain from doing so because I do not necessarily think that those recommendations would be appreciated.

The Conservative Party of Canada does not like to cause federal-provincial squabbles. We are not here for that. The main reason we are here is to stand up for the interests of Quebeckers and the Quebec nation within Canada. That is what we are working for. The Conservative Party of Canada welcomed the results of yesterday's byelection in Chicoutimi—Le Fjord, where 52% of people voted for a party that will defend Quebec's interests within the Canadian federation.

This bill obviously aims to invert the hierarchical relationship in federal areas of jurisdiction. It could give the provinces a strong power to interfere at the federal level, by simply amending provincial legislation. This would also have an impact on key economic projects. This would have an impact on the economy. If this bill were applied to the legislation of a single province, it would be enough to delay or even kill a project in the national interest, even if this project does not fall under provincial jurisdiction. I believe that the existing rules and regulations already give enough authority—

[Some hon. members]

Oh, oh!

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

I am sorry, but I am trying to listen to the member's speech, which seems quite interesting. I find this very difficult when other members are yelling. I remind members that the Standing Orders allow just one person to speak at a time. The others may whisper among themselves, but we will let the member for Mégantic—L'Érable continue his speech.

The member for Longueuil—Saint-Hubert on a point of order.

[Pierre Nantel, NDP, Longueuil—Saint-Hubert, QC]

Mr. Speaker, I wanted to say that the member obviously very much appreciates the interaction. He is enjoying it.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

That is not really a point of order, but I thank the member.

The hon. member for Mégantic—L'Érable.

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Mr. Speaker, yes, indeed, I love the back and forth, especially when I see the kind of results we had yesterday in Chicoutimi—Le Fjord, where there was tons of back and forth among former supporters of another party who are coming over to ours. I love that kind of back and forth.

I want to get back to the bill, which is way too big. It amends no less than eight important federal laws already in place. We are talking about aerospace, fishing harbours, the national capital, the National Energy Board, radiocommunication, federal government properties, the Canada Infrastructure Bank, and the Canada Marine Act. Basically, the Liberals want to do it all, but I think they have bitten off more than they can chew. Perhaps that is part of the problem with this bill. We saw it coming a mile away.

This bill could create investment uncertainty in Canada's various provinces. It could hurt Quebec's interests. We need to remember that, as well. We have to be careful. If we do not know who is leading when it comes time to talk about a project that affects several provinces at once, I am not sure whether investors will choose to invest in Quebec without that kind of certainty, which can always help.

Despite everything I just said, it is not Québec Debout that represents the most serious threat to the country's unity. Its best ally, I have to say, is the one it has been fighting forever, the centralist Liberal government. We should think about that. This government is incapable of having discussions with the provinces. Its lack of action on several files means that it will soon have a conflict with 50% of the provinces and 79% of Canadians. Just think of Trans Mountain in British Columbia and Alberta, and the carbon tax in Ontario and Saskatchewan. Today, we can add the cannabis issue. There will soon be a fight over home cultivation with Quebec and Manitoba. We have a Prime Minister who insists on continually interfering in provincial jurisdictions. That is the main threat. I think we should work on that. Things are so much worse than what the member for Repentigny is suggesting.

Voters in Chicoutimi—Le Fjord sent a clear message to the Prime Minister and Quebec's sovereignist parties. They are fed up with interference and bickering. Voters clearly stated that they want to be represented by a party that defends their interests, the best interests of Quebec, within the current federal framework. They said that they are tired of treading water, that it is time for a federal party that recognizes the Quebec nation to defend their interests and work on their behalf instead of for the cause. That is the message from the voters in Chicoutimi—Le Fjord and that is what Richard Martel is going to do for them very soon, when he takes his seat in the House.

I would like to close with a quote from a very great man who loves Quebec very much and is not afraid to show it. The Conservative Party's general council was held in Saint-Hyacinthe in May, and it showed how much the party and its Quebec caucus care about the nation of Quebec. The quote I want to end with is, “The Conservatives welcome both nationalists who are fed up with squabbles and federalists who can no longer stand to see [the Prime Minister] living in his Care Bear world. And believe me, there will be many more Michel Gauthiers and Yves Lévesques.” Those words were spoken by the leader of the Conservative Party and leader of the official opposition in May in Saint-Hyacinthe. This is just the beginning.