An Act to amend the Oceans Act and the Canada Petroleum Resources Act

This bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Sponsor

Dominic LeBlanc  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Oceans Act to, among other things,
(a) clarify the responsibility of the Minister of Fisheries and Oceans to establish a national network of marine protected areas;
(b) empower the Minister to designate marine protected areas by order and prohibit certain activities in those areas;
(c) provide that, within five years after the day on which the order of the Minister designating a marine protected area comes into force, the Minister is to make a recommendation to the Governor in Council to make regulations to replace that order or is to repeal it;
(d) provide that the Governor in Council and Minister cannot use the lack of scientific certainty regarding the risks posed by any activity as a reason to postpone or refrain from exercising their powers or performing their duties and functions under subsection 35(3) or 35.‍1(2);
(e) update and strengthen the powers of enforcement officers;
(f) update the Act’s offence provisions, in particular to increase the amount of fines and to provide that ships may be subject to the offence provisions; and
(g) create new offences for a person or ship that engages in prohibited activities within a marine protected area designated by an order or that contravenes certain orders.
This enactment also makes amendments to the Canada Petroleum Resources Act to, among other things,
(a) expand the Governor in Council’s authority to prohibit an interest owner from commencing or continuing a work or activity in a marine protected area that is designated under the Oceans Act;
(b) empower the competent Minister under the Canada Petroleum Resources Act to cancel an interest that is located in a marine protected area that is designated under the Oceans Act or in an area of the sea that may be so designated; and
(c) provide for compensation to the interest owner for the cancellation or surrender of such an interest.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-55s:

C-55 (2023) Law Appropriation Act No. 3, 2023-24
C-55 (2015) Law Appropriation Act No. 1, 2015-16
C-55 (2013) Law Response to the Supreme Court of Canada Decision in R. v. Tse Act
C-55 (2010) Law Enhanced New Veterans Charter Act

Votes

May 13, 2019 Passed Motion respecting Senate amendments to Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act
May 13, 2019 Passed Time allocation for Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act
April 25, 2018 Passed 3rd reading and adoption of Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act
April 25, 2018 Failed Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act (recommittal to a committee)
April 25, 2018 Passed Time allocation for Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act
Oct. 17, 2017 Passed 2nd reading of Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act

Canada-Newfoundland and Labrador Atlantic Accord Implementation ActGovernment Orders

May 27th, 2024 / 8:05 p.m.


See context

Conservative

Ted Falk Conservative Provencher, MB

Madam Speaker, it is a privilege to rise in the House and speak to Bill C-49, an act to amend the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, which also makes consequential amendments to other acts.

One cannot say much for the government, but it sure knows how to write a catchy little title, does it not? Personally, I would have opted for something more straightforward, like “Bill C-49, the confuse, delay and deter investment in Canada act”. I agree that it is a bit too on the nose, especially for the Liberal government, plus, I think that it has already used that one several times over.

Bill C-49 would build on the existing petroleum regulatory scheme to establish a new regulatory scheme for offshore renewable energy projects in Newfoundland and Labrador and Nova Scotia, through their respective accord acts.

I want to be clear. As Conservatives, we are not opposed to this legislation in principle. Despite the nonsense that we so often get from others in the House, Conservatives are not opposed to renewable energy. We are actually in favour of protecting the environment. In fact, to that end, I would remind members of the House of the numerous occasions when Conservatives have called out the Liberal government over its policies regarding pollution. One of its very first acts when they formed government in 2015 was to allow the City of Montreal to dump 8 billion litres of raw sewage into the St. Lawrence River. There was no price on pollution there. Conservatives have called out the government on sending our garbage overseas. There are lots of different examples. The difference here, though, is that when it comes to environmental protection, Conservatives are driven by pragmatism and not by fear.

We love our planet, the good creation that God has blessed us with, and we recognize, as does, I think, any rational person, regardless of creed, that we have a responsibility to be good stewards and to preserve it for future generations. However, rather than give in to alarmism and ideologically motivated climate extremism that we see from many others in this chamber, we recognise that the role that Canada plays in overall emissions and pollution is globally very minor.

If one would take every car off the road, shut down every factory, shut down our entire energy sector, solar panel every roof, heat pump every house, “veganize” every kid and “diaperize” every cow, we would have reduced global emissions by a whopping 1.5% because 98.5% of the problem, or at least the perceived problem, would still exist in other countries. Moreover, the so-called green policies of this and other western governments do nothing to stop climate change but are, in fact, a smoke-and-mirrors job to help governments and wealthy investors get even richer. They do that off the backs of not only the shrinking middle class but also the poorest and the most vulnerable people on our planet.

That being the case, I am always shocked to see the NDP giving the government its full-throated support on these exploitive and unjust policies. Rather than giving in to climate alarmism and enacting these policies that really just make global billionaires and Liberal insiders richer and make everyone else poorer, Conservatives believe in measured, common-sense environmental protections that actually address pollution in proportion to Canada's role in creating it and that protect our beautiful planet. I think that is the common-sense approach, and I think common-sense Canadians agree.

Secondly, we do not entirely oppose this legislation in principle because the provinces are largely in favour of it. The affected premiers, Premier Furey in Newfoundland, Premier Higgs in New Brunswick and Premier Houston in Nova Scotia, of which the latter two are both Conservative, by the way, have all expressed their support for this bill's overarching aims, and we want to respect that.

Unlike the Liberal government, Conservatives respect the Constitution. We recognize that some things are provincial jurisdiction, and as much as we at times would like to meddle, it is not the federal government's job to do so: work in partnership, yes; but dictate, no. I am sure the majority of our premiers are very excited for that wonderful day next fall when that kind of relationship can and will exist again.

However, in the meantime, the question of constitutionality is where this bill falls short. Conservatives agree that there are economic, social and net environmental benefits to promoting alternative or, in some cases, transformational energy sources. We believe government should allow for arm's-length regulatory processes to ensure safe and environmentally responsible development of these resource, including in our coastal waters.

That is all good, but here is the problem. The bill makes these decisions subject to the environmental Impact Assessment Act, also known as Bill C-69. This creates two problems. Number one is that the Supreme Court has ruled that Bill C-69 is unconstitutional; that is a problem. Number two, the fact remains that any relationship between the two bills will lead to inevitable delays because there are going to be court challenges.

Bill C-49 directly references clauses 61 to 64 of Bill C-69, which are precisely the clauses that have been ruled unconstitutional. I don't know, but maybe if the Liberals had bothered to read paragraph 163 of the majority Supreme Court of Canada decision, they could have avoided this type of blunder, or maybe it is intentional. However, Bill C-49 has also incorporated the Minister of Environment's proposed decision-making scheme into several clauses. Given that this decision-making power and the entirety of the designated project scheme are also unconstitutional components of Bill C-49, they are likely to be ruled, or at least challenged, as unconstitutional as well.

It is inevitable that, in its current form, Bill C-49 will be challenged in the courts, and we have said this throughout the committee study and throughout all the debates. The bill is not watertight. We have tried to amend this legislation so that we could work together on it. The Liberals have always complained that Conservatives will not work with them, yet here we have tried, but the Liberals would not hear any of it. It is part of the Liberals' agenda; they want to control.

In the meantime, while these delays are taking place, what happens to the traditional energy sector jobs in the region? Mining, oil and gas account for 31%, or approximately one-third, of Newfoundland and Labrador's GDP. This bill, as it is, could end traditional petroleum drilling in Atlantic Canada. What happens to those economies? We already had, in Bill C-55, a provision where a fisheries minister can unilaterally designate a section of ocean as a development-prohibited area, an MPA, a marine-protected area. Now, the government sneaks in provisions in clauses 28 and 137 of this bill, allowing for cabinet to end offshore drilling and, for that matter, even renewable projects.

Even if we give the government the benefit of the doubt, which we should not because it has a proven track record over the last nine years of trying to destroy everything in our energy sector, and even if we ignore the unconstitutionality of this bill, this legislation is still deeply flawed. Like with our traditional energy sector and resources, which we absolutely still need if we want to invest in our success and in our renewable sector or any other sector, there needs to be clarity and efficiency, and right now we have neither. This bill would impose uncertainty and would extend timelines that, regardless of court challenges, could and would hinder the development of that sector.

It takes 1,605 days. That is almost four and a half years, and that is about what it takes to get an approval done. That is ridiculous. Imagine someone wanting to start a small business, willing to invest millions of dollars in a community, to create jobs and to spur the economy, and the government comes along and says that it would be great, that it would love to have them do that and that they could start in four years. They would not come.

The bill also comes with royal recommendation. It would require some level of federal funding, but no specific funding has been allocated. Therefore, now, on a separate piece of legislation that will need to be tabled, debated, studied and passed before this thing can get rolling, again, we are going to see uncertainty and delays, but it is going to take another bill to actually implement this.

There are questions over the consultation requirements with indigenous peoples, and again, we have learned that this is almost a guarantee of court challenges, equalling more delays and more uncertainty. We need to have a reasonable and a responsible regulatory framework in place, but too often what the government gives us are gatekeepers, folks who just want to delay and to create confusion so that nothing ever gets done.

Ideologically motivated decisions, as more and more authority would wind up with the minister, is what we can expect from the bill. Unlike the NDP and Liberals who roadblock, make traditional energy more expensive, and drive out new opportunities, Conservatives are committed to getting rid of the gatekeepers. We will reduce approval timelines and remove unnecessary, restrictive red tape and taxes so companies can and will invest in Canada, and major energy products can actually get built in Canada again.

When we look back at how the government has handled past energy projects, we just have to shake our head. We have to look no further back than the TMX. Kinder Morgan had the wonderful idea of expanding the pipeline. We needed an additional pipeline that would run to the west coast, to bring it to tidal water, so we could export more of our energy. What happened with that? The government had its initial approval through the National Energy Board. Then, of course, it was challenged, and a further delay of two years was added. That brought up the cost by another $2 billion. The initial cost of the TMX was pegged at $5.4 billion, and the two-year delay brought it up to $7.4 billion. Then along came Bill C-69, which just put more uncertainty into the whole equation.

Kinder Morgan threw up its arms, went to the government and asked it to buy the pipeline. Kinder Morgan could not get it done because there was going to be way too much going on for the company to accomplish that. The government said it was going to be an energy hero and buy the TMX, the expanded pipeline project, and get it done. The government paid $4.5 billion to Kinder Morgan to buy the rights for the pipeline. In addition to that, the government was committed to spending another $7.4 billion in constructing the pipeline. That would have been a cost of $12 billion.

That is what the government told us at the time: “For $12 billion, we got ourselves a pipeline. The Government of Canada is going to be in the energy business. We are going to be claiming all of these royalties from energy companies. This is a good deal for Canadians.” Guess what? That was in 2019. We are in 2024. The pipeline has now cost $34 billion. From the original estimate, before there were any delays, it should have been a $10-billion project. Now it is a $34-billion project. That is an additional $24 billion of cost into the TMX pipeline.

Who else but a Liberal government could screw up things so badly as to increase construction costs by 500%? That is right. Members do not have the answer either. I cannot figure it out. Who else could do that? The government says it is due to construction costs. It says it is due to unforeseen terrain. Is the government kidding me? It did not know where the pipeline was going? Liberals should give their head a shake, because they knew all along that the pipeline would have to cross the Rockies and make its way down to the west coast, yet that is what they are blaming some of the costs on.

The government is also attributing some of the delays and cost increases to inflation in contractor expenses and construction costs. I know that. I am in the heavy construction business myself and understand that costs have gone up probably 50% in the last five years, but 500%? I would only dream of being able to charge those kinds of numbers. Who got rich in this scheme? Who got rich building the TMX pipeline? To go from $12 billion to $34 billion without explanation, there is something wonderfully wrong with that.

The NDP has put a motion forward at the natural resource committee right now, exactly where Bill C-49 was discussed, for it to be a priority of the committee to study the TMX pipeline, to find out what went wrong and how the government could end up with a $34-billion pipeline. Only a Liberal government could do that. I think that is what the study will clearly show, that somebody has gotten rich here and that something is way offside.

Bill C-69 created the kind of uncertainty such that a company like Kinder Morgan took its $4.5 billion, marched it south of the border and used the $4.5 billion to invest in an environment that was more friendly and more conducive to energy projects.

The member for Vaughan—Woodbridge stated that the Netherlands, Germany and Japan have been begging for cleaner energy. What he neglected to say is that they have been begging for LNG, liquefied natural gas. Our government has turned them down. There was an opportunity to develop LNG projects. There were 18 of them on the drawing board when the Liberal government came into power, and not one of them has been completed to the point where it is exporting any liquefied natural gas.

In the meantime, we have turned away all kinds of opportunities for Canadians, the Canadian taxpayer and the Canadian citizen, to benefit from receiving royalties from the sale of our LNG. We could have created thousands and thousands of jobs, and we could have solidified our economy and many of the communities that have suffered. However, no, we let the opportunity pass and instead are trying to convince them they can buy renewable energy from our wind turbines that hopefully will produce hydrogen gas that they can put into storage and ship over to some of the economies begging for our cleaner energy.

We will have to actually wait and see whether that happens, because so far today, we are way behind the eight ball when it comes to actually being able to export any energy. Countries have been begging for energy, and instead we actually continue to import energy from dictators and despots from the Middle East and from places like Venezuela. We keep bringing their oil here, and that is the oil fuelling our economy when it could be our own natural resources fuelling our economy. We could be keeping the wealth right here in Canada, and we have not been doing that.

Bill C-49 is another tool the government can take full advantage of to continue to stress out our existing oil and gas economies not only in Atlantic Canada but also in Saskatchewan, Manitoba and of course Alberta. We agree with Bill C-49 in principle because the premiers want it, and what the premiers think it would do for them is allow them to develop renewable energies in coastal waters.

While we were in committee, many witnesses were there, and many witnesses were not there. Most notably, the testimony we were not able to properly process as a committee was testimony from lobster harvesters and from fishers in the area who would be affected. The bill would provide the government, by decree of the minister, the ability to declare the MPAs, the marine protected areas, which would in fact sterilize fishing opportunities and lobster harvesting opportunities. A significant portion of Atlantic Canada's economic benefit, economic revenue, is from those two industries. They are closely related; they are under the fishing umbrella, I suppose, in the fisheries, but the two industries are very concerned there would not be adequate protection for their resources.

We all know that lobsters and fish like to hang around shelves. As well, we know that is where the turbines that the proponents are talking about are also going to be constructed, because that is the closest place to a solid base that they can be built. The least amount of construction is in areas where there is a shelf, and we know that is where the fishing is often very good.

Bill C-49 is a flawed piece of legislation. It references Bill C-69several times. Bill C-69 has been proven unconstitutional, and we tried to argue that at committee. We need to take Bill C-49 back to committee and fix it. We are in support of the bill, but let us fix it. Let us not have something that is not going to be constitutionally compliant. I would urge the government to continue to do that; let us fix the bill where we know it is not watertight, and let us make it right.

Second ReadingCanadian Sustainable Jobs ActGovernment Orders

October 19th, 2023 / 1:35 p.m.


See context

Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Madam Speaker, I am rising today to express my serious concerns about Bill C-50. This bill is called the sustainable jobs act, which is typical of what Liberals do. They pick a name that sounds good. Who does not like sustainable jobs? I like sustainable jobs. I think all Canadians want sustainable jobs. It sounds really good, but the problem is that in this bill there is no plan to create sustainable jobs. This is a plan to get a plan.

The bill outlines how the Liberals are going to put together a council. Based on past behaviour, I suggest that it would be highly paid Liberal insiders who will get these jobs and advise on what the plan ought to be. As to the timeline of when they are going to come up with what the plan ought to be, it be should by 2025, coincidentally just after the next election.

The Liberals do not have a plan. Nothing says there is no plan like a bill that is introduced to get a plan. That is the first thing.

The second thing is the Liberals have another role, a secretariat, that is going to do some coordination, with another highly paid Liberal insider when they get the plan. The problem is that is it; that is all. It is a plan to get a plan, with some principles that are motherhood and apple pie and that we would all agree on, such as well-paying jobs, caring about the environment and the need to respect labour, all of these good things. They are all motherhood and apple pie, but the bill does not have a specific action that is going to help.

On the other hand, it is going to hurt. The analysts of the government have said that Bill C-50 would kill 170,000 direct Canadian jobs, would displace 450,000 workers directly and indirectly working in the energy sector and would risk the livelihoods of 2.7 million Canadians across all provinces. The bill would destroy as many as 2.7 million jobs when there is not a single action in it to create any sustainable jobs at all. That is a problem.

The other thing is that it is going to cost a lot of money. Right now the energy sector provides 10% of Canada's GDP and pays over $20 billion in taxes to all levels of government every year. Last year, $48 billion in royalties and taxes were contributed by the energy sector. This bill purports to get rid of that by eliminating the sector.

We can look at other places in the world that have come up with a sustainable jobs plan and are starting to implement it, Scotland being one example. If we took the cost per person of its plan and did the equivalent thing here, it would cost $37.2 billion. The Liberals are taking away as much as $48 billion and adding a cost of another $37 billion. If we do the math, they are increasing by greater than $70 billion the loss to the Canadian economy.

I do not know why the Liberal government cannot learn the lesson when countless people can, like former Liberal John Manley, who said that when it runs these huge deficits, it is putting a foot on the inflationary gas pedal, which is causing the Bank of Canada to put its foot on the brake with higher interest rates. This raises the cost of mortgages. Canadians are suffering from coast to coast, so definitely not only is the bill not going to create jobs, but it will come with a huge cost.

It is not like this is the first time there has been an attack on oil and gas and the energy sector. This has been a continual theme from the time I got elected in 2015. Let us start with the tanker ban, Bill C-48, to keep Canadian oil from getting out there when everybody else's ships are out there full of oil. Then we had Bill C-55, which created marine protected areas so we could do no oil and gas development there. Then there was Bill C-69, the “no more pipelines” bill, which was just called unconstitutional by the Supreme Court. All of these things were intended to be a war against creating oil and gas projects.

There is evidence. When the Liberals took power, there were 18 LNG projects on the books and there were four pipelines. Zero pipelines have been built and all the LNG projects but one are cancelled. Meanwhile, back at the ranch, our friends in Germany were going to give us $59 billion to replace their Russian oil and coal with our green LNG. The Prime Minister said there was no business case, so Australia took that deal.

Then Japan came up with a similar deal and again we would not take the deal, so Saudi Arabia took it. Then came France and the Netherlands. There were all these opportunities for Canada to be a leader, supplanting higher-carbon fuels with our green LNG, the most responsibly produced product in the world with the best human rights record, but again the Liberal government refused. Instead, it is focused on its own ideology and things that it wants to do that continue to destroy the economy.

We can talk about the electric vehicle mandates. That was another great idea. Let us give away $31 billion to create 3,000 jobs. For those who can do the math, if we just gave each of those 3,000 people $10 million, they would never have to work again and there would not be any footprint. There is a total misunderstanding of how to create a growing economy.

Then there is the clean electricity standard, another hugely divisive bill that was introduced by the Minister of Environment and Climate Change, clearly not understanding that where the Liberals want to go with all the electric vehicles, electricity and the grid would require building the equivalent of 19 nuclear facilities, like the one from Bruce Power. They cannot build anything, so I do not know where they get the idea that they are going to be successful in achieving that.

At the same time, they are ignoring the fact that only 7% of the public even wants an electric vehicle because the technology is not there. No one wants to be trapped in a snowstorm at -30°C because the batteries do not work. They catch fire. In addition to that, they do not have a very long range. Instead, the government decided to pick a winner and loser with the battery plants that are being built.

Now Toyota has come out with a solid-state battery, with a 1,275-kilometre range, that works at -20°C and does not catch fire. That will make our technology obsolete, with $31 billion after the fact. Maybe the Liberal government needs a few more engineers so that it can actually make science-, fact- and data-based decisions, but that is not what is happening today.

The Liberals continue to move ahead with the carbon tax and the second carbon tax, putting punishment on the backs of Canadians and achieving nothing. Emissions have gone up under the government. At the 2005 level, we were at 732 megatonnes. We needed to get to 519 and now we are at 819. They are not achieving their targets and keep putting bills like this in place, talking about sustainability, the environment and creating jobs. They are not actually achieving that.

Sarnia—Lambton has a huge oil and gas sector, but it knows how to do a transition and is doing a transition. It is creating good-paying, sustainable jobs like the ones at Origin Materials, a net-zero plastics plant in my riding. My riding has one of the largest solar facilities in North America. There is a whole bio-innovation centre that is growing different kinds of bio-facilities that are all either carbon sinks or carbon-neutral. These are the kinds of actual solutions and actions we need. That is not what is in Bill C-50. It is a plan to get a plan with nothing else. For that reason, I will not be supporting Bill C-50.

Canada—Newfoundland and Labrador Atlantic Accord Implementation ActGovernment Orders

October 16th, 2023 / 6:15 p.m.


See context

Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, it is a pleasure to rise today to speak to Bill C-49.

We are all painfully aware of the Liberal government's track record when it comes to tabling confusing legislation: more gatekeepers, more red tape, longer delays and the politicization of decision-making.

Canadians everywhere are tired of the Prime Minister, who scares businesses away from investing in our country. They are tired of stifling bureaucracy and costly Liberal bills. This bill is full of this.

The Prime Minister and his Liberal government have been in power for eight long years. They have nothing to show on the renewable energy front and have made no progress on attracting investment to Canada's energy sector. It is quite the contrary, so forgive me for being somewhat skeptical about the state of this current legislation as it is written.

We have seen this dog-and-pony show over the last eight years, over and over again. We had Bill C-55, Bill C-68 and Bill C-69, to name just a few. The Liberals consult, they equivocate and they blur the lines. They do everything they can to muddy the water, except get the job done.

Bill C-49 proposes to make the Canada-Newfoundland and Labrador Offshore Petroleum Board and the Canada-Nova Scotia Offshore Petroleum Board regulators. At the same time, it would create a regulatory framework for offshore wind and renewable energy, the regulation of which would be added to their mandates.

As my colleagues have stated before on this subject, the Liberals have finally decided to include the provincial governments as partners in decisions affecting their jurisdiction. Of course, they did not do this with Bill C-69, and we all know where that unconstitutional legislation stands.

Bill C-49 would triple the current regulatory timeline for project approval. Currently, the provincial review boards have the final say on the approval or rejection of a project, at which point the relevant provincial or federal ministers are given a 30-day period to respond before the decision is finalized.

Under Bill C-49, ministers would be given 60 days to respond, with the possibility of a further 30-day extension and a further possibility of an indefinite extension.

Thanks to nearly a decade of the Prime Minister, Canada is a country that is characterized by a strict and stifling red tape regime. We are now among the most costly and regulated business environments in the world.

Liberals continue to attack traditional energy development, trying to recklessly phase it out, to the detriment of all.

I will remind the House that the first thing the Prime Minister did after his election in 2015 was to publicly apologize for Canada's natural resources, saying that he wanted Canadians to be known more for our resourcefulness than our natural resources under his government.

It does not get much more out of touch than that. Liberals say they want to boost alternative energy, yet they use a bill like this to suffocate it in regulation and red tape. The proposed framework is not only one that creates more bureaucracy and red tape, but one that politicizes each and every step of the decision-making process. By giving final authority to federal and provincial ministers, the regulators are reduced to the position of giving recommendations only to the government.

To be clear, Canada's Conservatives support the responsible exploration and development of offshore resources, but we also believe it should be done responsibly, through an arm's-length regulatory process, not political decision-making.

An even more disturbing aspect of this legislation is its potential to be used to impose a complete shutdown on offshore oil and gas development projects at any time. I will say this again. This bill could end offshore petroleum extraction in Atlantic provinces for good at the whim of a minister.

This bill is a direct attack on one of Newfoundland and Labrador's key industries, one that generates billions of dollars of revenue and thousands of jobs. Section 28 and section 137 would allow the federal cabinet to halt an offshore drilling or renewable energy project if the area “may be identified” as a marine protected area in the opinion of cabinet.

I bring us back to Bill C-55, a bill Conservatives staunchly opposed. It allows the fisheries minister to unilaterally declare an area to be a marine protected area, essentially using the precautionary principle to shut down projects in the absence of any scientific proof.

Bill C-49 would do exactly the same, and this should scare every Atlantic Canadian. There could be a unilateral decision by a minister that is not based on science, leading to an arbitrary opinion from the cabinet that leads to the shutdown of a vital offshore resource development project our country desperately needs.

This is not the way to govern if Canada ever hopes to attract business investment in our energy sector. Furthermore, this cancellation process for new or currently operating projects provides no meaningful consultation with indigenous or community interests whatsoever. There is zero responsibility for any stakeholder consultation. This abdication of responsibility, this failure to fulfill the Crown's duty to consult with indigenous interests, may also invite extensive court challenges, leading to further delays as was the case with the Trans Mountain pipeline debacle.

As I alluded to before, there are also a number of practicalities with the bill that beg for clarification. For instance, the bill requires some degree of federal funding to cover the expansion of mapping by the regulators, as well as the expansion of offshore activities generally. As for these financial implications, there is no specific funding allocated. We must also question whether the regulators will need additional personnel for technical expertise, along with additional funding to allow them to properly fulfill their new responsibilities under their new mandate. If so, where is this money coming from? Is it even realistic to expect the regulators to be prepared in a timely fashion to deal with this new work that is currently outside their scope? Bill C-49 leaves much to be desired in the way of clarity.

After eight long years of this Prime Minister, Canadians should be very wary of a government that says, “Don't worry about the details; we'll deal with them later.” They need answers now and they deserve answers now, answers this government must be prepared to provide the House.

I was hoping the government would learn from its failure with Bill C-69, which had the same lack of detail on crucial issues, uncertainty about roles and responsibilities and vague timelines, but this legislation shows that they have learned absolutely nothing, which comes as no surprise.

We see the same inefficiencies of Bill C-69 imported into Bill C-49. Not only does the Impact Assessment Act have provisions to allow the federal minister to interfere in any given project if they deem that it is “in the public interest”, but it would also allow them to create any arbitrary conditions to which a project proponent must comply. How does that create confidence or certainty for investors? Is it not the responsibility of government to create an environment in which businesses want to invest, and in which businesses want to create jobs and opportunities for Canadians? This Prime Minister seems to have forgotten this part of his very own mandate.

These provisions go further and would allow the minister, again, to impose arbitrary conditions during project review, which would serve to further delay timelines for an unspecified amount of time, potentially even years. This will only drive industry away from Canada. It provides absolutely no certainty to these businesses that want to invest potentially billions and billions of dollars in our country.

It cannot be overstated how detrimental the consequences of more Liberal uncertainty are. Shamefully, this has been the effect of taking Canada out of the global competition for energy development, both traditional and alternative, when instead we should be a global leader.

Going back to my earlier comments, perhaps this is exactly what the Prime Minister meant. Not once has he championed the Canadian energy sector on the world stage. Instead, he apologized for our existence, which only drives investment to other countries and squanders opportunities for Canadian workers. We have the resources and we have the workforce and industry leaders. We can be a global leader in the energy sector. Instead, the Prime Minister prefers to cede market share to overseas dictators whose environmental human rights standards are non-existent.

It is time to put Canadian energy first, it is time to put Canadian jobs first and it is time to put Canadians first. It is time to bring home powerful paycheques. We need a Conservative prime minister who will green-light new technologies, reduce approval timelines and remove the Liberal gatekeepers so that major energy infrastructure projects can finally be built in this country once again.

With that, I would like to move, seconded by the member for Lakeland, that the bill be amended by deleting all the words after the word “that” and substituting the following:

the House decline to give second reading to Bill C-49, An Act to amend the Canada—Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to other acts, since sections 61 to 64 of 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, have been ruled to be unconstitutional by the Supreme Court of Canada, and those same sections are embedded in Bill C-49.

Canadian Sustainable Jobs ActGovernment Orders

September 29th, 2023 / 10:50 a.m.


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Conservative

Shannon Stubbs Conservative Lakeland, AB

Madam Speaker, I really appreciate that question because it gives me the ability to address the reality of Bill C-49 rather than the Liberals' false claims.

Here is the truth about Bill C-49. It imports a number of clauses from Bill C-69 and includes a number of clauses from another bill, Bill C-55. The consequences of both of those bills embedded in Bill C-49 are exactly what has unfolded and what Conservatives warned about in previous debates. Bill C-49 would hold up, delay, road block and gatekeep alternative and renewable offshore development, just as it is also a simultaneous attack on petroleum offshore development.

I am not sure if Liberals do not read bills, do not know what they are talking about or are just reading what someone says, but these issues are grave. They are serious for the underpinning of our economy and our standard of living. We oppose Bill C-49 because it is an attack on energy to end petroleum offshore opportunities, and it would hold up, road block, delay and gatekeep renewable and alternative offshore energy development. Conservatives are going to accelerate approvals, make sure projects can get built, cut timelines and make both traditional and alternative energy sources available at affordable—

Canada-Newfoundland and Labrador Atlantic Accord Implementation ActGovernment Orders

September 19th, 2023 / 12:50 p.m.


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Conservative

Jake Stewart Conservative Miramichi—Grand Lake, NB

Mr. Speaker, it is certainly a pleasure to be back in the House of Commons. The last couple of months were tough. I had a few sinus surgeries, missed a bit of time and had some uncomfortable moments, but I am really happy. Truly, when one does not have good health, it really gives one an understanding of how precious it truly is.

Today I am really excited to speak to this bill for a number of reasons.

Before I get into the meat and potatoes of it all, there are a few comments I heard. I am really encouraged by the fact that the Liberal member from Nova Scotia acknowledges that the Department of Fisheries and Oceans is a complete failure on just about every front.

In Miramichi—Grand Lake, it failed the Atlantic salmon: the fish, the species and the community itself, all of the people who benefit from it, on a vast, almost unprecedented, scale. It actually does not even deserve the right to govern it anymore. As a federal MP, I am left believing that, with regard to the Atlantic salmon, though it is a federal jurisdiction, the DFO has lost the right to govern it. It actually does not care. The people where I live know this and it is heart-wrenching for all of us. My dad was an outfitter. I grew up a salmon fisherman and a guide, so I have seen a very serious decline in that species.

I will comment on the Liberal member's question of Progressive Conservative support in the Conservative Party of Canada. That was one of my favourite things he said. I am going to quote what the Right Hon. Brian Mulroney's son tweeted the other day, after the Quebec City convention. This is what the Right Hon. Brian Mulroney said to his son about our leader's speech at the convention: “Mark, I attended my first convention in 1956 for Mr. Diefenbaker. I was 17 years old. I've seen a lot of convention speeches since then. [The leader of the Conservative Party's] speech was probably the best convention speech I have ever witnessed. [The leader of the Conservative Party's] command of such a large amount of information in both official languages for an hour and a half was extremely impressive. The only other speech that may have challenged his own was that of his wife Ana's.” That was the Right Hon. Brian Mulroney.

Just as an honourable mention, the Hon. Peter MacKay was speaking at the convention and was quite proud to do so. I think that the Liberals can take their worst fears and realize that they are true. Maybe they should plan harder, go door to door and start working harder. I can understand that.

I am now going to get into Bill C-49. In my speech today, I am going to cover three things. Number one is the positive impact of the Atlantic accords in both Nova Scotia and Newfoundland and Labrador. Number two is the potential upside of Bill C-49's proposed changes to energy regulation for the Atlantic offshore. Number three will be the reasons why I cannot support Bill C-49 as currently presented.

Let us start with the 1985 Canada-Newfoundland Atlantic accord. The original Atlantic accord was an agreement between the province of Newfoundland and Labrador and Ottawa concerning the management of the oil and gas reserves off the coast of Newfoundland and Labrador. It determined how two governments shared revenues and how that income affected the equalization payments received by the province. It also established the Canada-Newfoundland and Labrador Offshore Petroleum Board. The Atlantic accord was a watershed in the province's economic development. It ended years of negotiations and allowed Hibernia and subsequent offshore oil fields, including Hebron, Terra Nova and White Rose, to enter into production.

Mobil Oil carried out the first seismic surveys on the Grand Banks in the 1960s, and then exploratory drilling continued during the 1970s. Chevron Standard Limited discovered the first commercial oilfield, Hibernia, in 1979, one year after I was born, but development could not proceed until the provincial and federal governments resolved the ownership and management disputes, which continued from 1967 through 1985.

The Atlantic accord was widely hailed as a success and a turning point for the provincial economy. At the signing in 1985, premier Brian Peckford predicted that it would allow “this province to catch up socially and economically to the rest of Canada”, while Right Hon. Brian Mulroney famously stated, “I am not afraid to inflict prosperity on Newfoundland and Labrador.”

We can see very early on in my speech and the history lesson that Conservatives clearly had a vast, productive and successful outlook for Atlantic Canada. I just went back over a number of decades. This is history, and that is why it is important.

Twenty-six years ago, Hibernia, Newfoundland and Labrador's landmark oil production platform, became the first to produce oil in the province. Newfoundland and Labrador’s offshore oil and gas have contributed more than $25 billion in royalties and directly employed over 6,000 people, as well as thousands more in supporting industries. That is $25 billion in royalties and over 6,000 people employed. The Hibernia project came to life thanks to former prime minister the Right Hon. Brian Mulroney’s support at a time when Newfoundland and Labrador was facing economic and cultural challenges of the cod moratorium. Hibernia created thousands of jobs and new government revenue at a time when it was truly needed.

Hibernia was celebrated as a new dawn for Newfoundland and Labrador’s economy in 1997 and has continually exceeded expectations over the past quarter century. Production was expected to last 18 to 20 years and produce 520 million barrels of oil. In fact, Hibernia has produced more than 1.2 billion barrels of oil and has paid almost $20 billion under fiscal agreements to the provincial and federal governments since 1997. Today, about 95% of those working on the Hibernia project are Newfoundlanders and Labradorians. The skills, technical ingenuity and work ethic of the team have been the backbone of Hibernia’s success for 26 years and will continue into the future. That future is exciting, with the potential for Hibernia to continue production for another 20 years.

In Nova Scotia, one of Premier John Hamm’s most notable achievements was negotiating with the federal government to implement the Atlantic accord, a multi-decade regional development program that had been approved in principle during the late 1980s to prevent provincial government offshore oil and gas royalties from being included in calculations for the federal equalization program. This resulted in an $830-million payment from the federal government to the Nova Scotia government in 2005, which Premier Hamm applied against the principal on the province's long-term debt, thereby reducing debt servicing payments by more than $50 million annually. That is clearly another great Conservative decision made over the course of time.

During Premier Hamm’s reign, the Sable Offshore Energy Project was Canada’s first natural gas project. The Sable project provided a new source of clean energy to Nova Scotia and New Brunswick, and a new supply to the northeastern United States through the Maritimes & Northeast Pipeline. Saying the word “pipeline” in the chamber gives me pleasure, but not what really what it should have given me. New Brunswickers wanted to bring a pipeline from Alberta to Saint John and Montreal. I remember that, at the time, the mayor of Montreal was against it and the Province of Quebec was a little worked up about it. Now, however, Quebeckers are against the carbon tax, and some of the Quebec members of the House who are not in the Conservative Party are running for dear life because they supported the carbon tax and put that on the backs of Quebeckers. They are going to pay for it.

Beginning production in 1999, Sable was a catalyst for $3.7 billion in direct payments to Nova Scotia’s government. Made up of royalties, Crown share and exploration payments, this is money that helped build better schools, hospitals and roads over 20 years. Since the mid 1980s, Canada, Nova Scotia and Newfoundland and Labrador have jointly managed the development of offshore petroleum resources under the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act, also known as the Atlantic accord acts, which generated more than $30 billion in government revenues off the east coast.

Here are a few points that are worth making about the concept behind Bill C-49. The idea of a single regulator for offshore energy projects makes sense, whether they are oil and gas or renewables, such as wind. Joint management between the federal government and Atlantic provinces is good and should be maintained, as that was the promise of the original accords, which we have just learned were successful.

Regarding offshore wind, siting is important so that other existing users are not damaged by the new activity, whether that be fishers or transportation routes. It is extremely important that the wind industry works with fishers to minimize direct impacts and ensure collaboration and compensation if there is to be a direct impact. The end of project remediation and bonding must be sufficient to remove the infrastructure when out of use.

The current process will take far too long to identify potential areas suitable for activity, and it is likely that Canada will miss the opportunity to benefit from offshore wind. Generally, floating wind is less impactful than fixed and provides more flexibility for siting in deeper water, which tends to be away from land and inshore fishing activity. By the time the current process concludes, at the pace they are going, the opportunity will likely have passed Canada anyway. We saw that with the Energy East pipeline. That was the Liberal government's problem across the floor. It caused that. I saw it in my own province of New Brunswick. We were decades behind in natural gas production, and we lost the ability to move forward with moratoriums. It really set New Brunswickers back. That was a project that should have been a success.

For Nova Scotia, offshore wind is an area of promise because land spaces are limited and tidal is still speculative. Nova Scotia does not have hydro opportunities, yet the federal mandate to be off coal is real for 2030.

One big red flag for me is that Bill C-49 allows the federal government to rely on the regulators for indigenous consultation. This could result in court challenges and detrimental judicial decisions for both offshore petroleum and renewable projects if the federal government relies solely on the regulators and does not sufficiently execute the Crown’s duty to consult because this bill also makes government ministers the ultimate decision-makers.

I know from my time as the minister of aboriginal affairs in New Brunswick that our first nations want to be partners in future energy projects and not to be just considered as stakeholders. They want to be partners. I know from all of my experience at that time that negotiation is always a better path than litigation. We have seen situations in the past where governments get really excited about projects. Governments get excited about potential economic projects and large energy projects. What happens is that they will bring in the chiefs of first nations at the ninth hour, when they have already upset them as they have missed the process. It is interesting that this legislation is coming from the Liberal government right now because it has clearly failed first nations on every single front.

I was reading something yesterday that struck me about all the work that the Liberals have done over the past 20 years to basically pretend to be best friends with first nations' people. We have situations in this country where people of indigenous descent in our country do not have water. They have water they cannot drink, and that is a basic necessity of our country. It is a basic necessity for almost every country in the world, and it should be paramount. The Liberals have failed to provide that. I cannot believe they would put a bill forward in the House that would literally disrupt the duty to consult. We have seen how successful those projects have been. Times have changed. We have to work with everyone involved. We clearly have to work with treaty people as a part of being in Canada.

The Liberals have put this forward. It is really rich of them to do that because there are a lot of indigenous people still waiting for clean water. They should get on that. They do not have a leg to stand on at this point. It is totally ridiculous that they would ever claim friendship with any indigenous person in this country. I can tell colleagues right now that that is a box they had better start to check off, or none of this will be successful.

There has been more red tape and delays. This bill would add delays in the approval process because it would triple the timeline from the current framework and would politicize the decision-making process, giving final authority to the federal and provincial ministers.

Canada’s red tape regime already hinders traditional and alternative energy development. This bill would add broad, unilateral, discretionary cabinet powers for arbitrary decision-making. It would actually increase timelines and add uncertainty around requirements, which would drive investment away. We have seen this record play over and over in our country.

There was a project in New Brunswick called Maritime Iron. Everybody got all worked up and said it was not economical. Somebody in Venezuela thought it was economical. I remember other projects where it was said that they would not be economical and might emit carbon. Can members guess what? China had the same project with the same company. I have seen North African companies take our projects too.

It pains me to say that New Brunswick has lost so much because of bureaucracy, whether provincial or federal; weak leadership; the failure to consult with first nations; and an overall lack of understanding of the projects in front of us, which could have paved the way for New Brunswick.

We have Sisson mine, a natural gas extraction in New Brunswick. We have moratoriums on uranium. We have moratoriums on natural gas, even though the lamps in the entire city of Moncton were lit by natural gas in the late 1800s. There are areas in New Brunswick where we have had it forever. That is what we are built on.

The Liberals really need to get their act together on this because the Atlantic accord was a big-time positive in Atlantic Canada. We need them to stop driving investment away, and impeding growth and progress in Canada.

This bill could end offshore petroleum drilling in the Atlantic provinces. Sections 28 and 137 would give cabinet the ability to end offshore drilling or renewable energy projects with the authorization of the provincial minister if the area may be identified as a marine protected area.

Any activity may be suspended in the marine protected area or in an area that may be identified in the opinion of cabinet as a marine protected area, which would create significant uncertainty. There would be no formal indigenous consultation required in the cancellation of new or currently operating projects.

The Liberals' Bill C-55 allowed the fisheries minister to select marine protected areas by order in council, which can prohibit development and activity. This bill would implement this measure, which the Conservative Party opposed because marine protected areas should really be called “prohibited development areas”. That would be common sense, but what we are getting over here is nonsense, and that is why they have it that way.

In closing, let me reiterate that Conservatives support the development of offshore wind and renewables in Atlantic Canada, but this bill would impose uncertainty and extends timelines, which could hinder the development of the sector while creating opportunities for politically motived, anti-energy decisions and delays of offshore petroleum development.

Bill C-49 should be amended to require the development of a framework for renewable energy projects that would require clear plans for the project’s impact to fish, birds and the environment. It should also require consultation with impacted indigenous communities and private sector proponents before the establishment of a marine protected area and/or the cancellation of any operations in progress.

Canada-Newfoundland and Labrador Atlantic Accord Implementation ActGovernment Orders

September 19th, 2023 / 11:10 a.m.


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Conservative

Shannon Stubbs Conservative Lakeland, AB

Madam Speaker, I sure did enjoy our time together on the natural resources committee in my first term.

I spent a lot of time talking about Bill C-49. Aspects of this Bill C-49 are imported from bills such as Bill C-69 and Bill C-55. I talked about them to give context for policymakers, elected representatives in this debate and all Canadians.

I suspect the provinces of Nova Scotia and of Newfoundland and Labrador are supportive of the intent of this bill because they also want to have effective, efficient regulatory frameworks for both petroleum and alternative energy offshore development. A crucial thing that we support in this bill is that this does include the requirements of provincial ministers to be consulted in the case of any of the decision-making around development areas, regulations and the framework for development offshore.

Obviously, those provincial governments should be partners. I suspect that is why they support it. Of course, that does stand in contrast to the provincial governments the Liberals attack on energy when they disagree with them.

Canada-Newfoundland and Labrador Atlantic Accord Implementation ActGovernment Orders

September 19th, 2023 / 10:50 a.m.


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Conservative

Shannon Stubbs Conservative Lakeland, AB

Madam Speaker, it is great to be back in the House of Commons on behalf of the people of Lakeland, and Canadians everywhere, who want life to be more affordable, and also want energy and food security, which is the most important economic and geopolitical question facing the free world.

Unfortunately, Bill C-49 is another step in a long line of Liberal laws and policies since 2015 that appears destined to drive investment out of Canada with more uncertainty, red tape and extended and costly timelines.

Hopefully, this time the Liberals will actually listen to cautions and analysis during debate and committee consideration to prevent the rather ridiculous current spectacle they are now caught in, claiming to want to reduce permitting and regulatory timelines even though they have been in government for eight years, and are actually talking about the extra red tape, confusion and potentially endless timelines they themselves imposed through Bill C-69, which Conservatives and then municipalities, indigenous leaders, private sector proponents, and all provinces and territories did warn about at the time. As always, the Liberals figured they knew best, and they sure did create a heck of a broken mess.

Ostensibly, the bill would amend the Canada-Newfoundland and Labrador Offshore Petroleum Board and the Canada-Nova Scotia Offshore Petroleum Board to become the regulators and add offshore renewables to their mandates, while creating a regulatory regime for offshore, wind and other renewable energy projects that currently exist for offshore petroleum operations.

It is a reasonable and necessary initiative, and Conservatives are glad to see the inclusion of the provincial governments as required partners in final decisions on this joint jurisdiction. I might note that is a principle the Liberals often abandon when it comes to other provincial governments with which they disagree. However, it is both unfortunately and unsurprisingly clear that Bill C-49 would also subject offshore renewable energy to the same web of uncertain regulations, long and costly timelines and political decision-making that has driven hundreds of billions of dollars in private sector energy investment, hundreds of businesses and hundreds of thousands of energy jobs out of Canada and into other jurisdictions around the world.

Bill C-49 also includes provisions that could impose a full shutdown and ban on offshore oil and gas development at any time. That is a direct attack on one of Newfoundland's key industries, risks undermining the rights of indigenous communities and local communities to meaningful consultation, and ignores the work and aspirations of other locally impacted communities and residents.

The Liberals have already threatened offshore activity in Newfoundland and Labrador with a minister saying that the decision on Baie du Nord was the most difficult one they had ever made. Baie du Nord would have provided more than 13,000 jobs overall; $97.6 billion in national GDP; $82 billion in provincial GDP, more than 8,900 jobs, $11 billion in taxes and $12.8 billion in royalty revenues for Newfoundland and Labrador; $7.2 billion in GDP and more than 2,200 jobs for Ontario; $2.6 billion and more than 900 jobs for Quebec; $3.1 billion in GDP and almost 700 jobs for Albertan. Like the usual pattern under the government, the private sector proponent has put that project on hold for three years because of uncertainty.

As written, the bill has many gaps. The Liberals must clarify, sooner than later, a number of practical implications.

For example, will the offshore boards need more resources for technical expertise or personnel, or more funding to fulfill the additional responsibilities? If so, who will pay for it? What is a realistic expectation of when the regulators would be fully ready for the work outside of their current scope? What about the responsibility for health and safety regulations for renewable energy projects at sea, which are currently the job of the respective offshore boards on offshore rigs and under the department of labour on land? These obligations should be clearly defined jurisdictionally in the bill.

What about environmental considerations relating to offshore renewable projects? The boards, the truth is, currently have no experience in activities around wind, tidal and other sea-based energies that may disrupt ecosystems and seaweed growth; harm sea birds, whales, fish stock, lobster stock; or interfere with organisms that live on the sea bed, like anemones, corals, crabs, sea urchins and sponges. What provisions are needed for the regulators to adequately assess risks to key habitat and vulnerable species?

I cannot imagine, nor would I ever suggest, that the NDP-Liberals will add upstream emission requirements as a condition for such approvals, like it did, along with downstream emissions, in a double standard deliberately designed to kill the west to east pipeline that could have created energy self-security and self-sufficiency for Canada, by refining and exporting western resources on the Atlantic Canadian coast for export. European allies and Ukrainians definitely would appreciate that. However, it would certainly be a significant hurdle if they did, given what is really involved in the manufacturing of steel and concrete for offshore renewable projects, which create a lot of hazardous waste on the back end, for example. If the Liberals actually cared about the cumulative impacts, like they always say they do, they would clarify all of that in this bill also.

The Liberals must account for these considerations. At this point, after eight years, Canadians should be skeptical if the government says that it will work out the details later or in regulations after the fact. That has always been a disaster under those guys, no matter the issue.

On top of these unanswered questions, the reality is that the bill would triple the timeline for a final decision on alternative energy projects and would give political decision-makers the ability to extend that timeline potentially indefinitely.

If this all sounds familiar, a lack of details on crucial issues, uncertainty around roles, responsibilities or requirement, and timelines that actually have so many loopholes for interference that no concrete timelines really exist at all, that is because it is. This is what the Liberals did in Bill C-69, which the Conservatives warned would help prevent any major pipeline projects from being approved or even proposed in Canada since it passed in 2019. It has become a gatekeeping roadblock to private sector proponents in all areas of resource development and the pursuit of major projects in Canada.

The reality is that companies will not invest billions in building energy infrastructure in Canada's uncertain fiscal and regulatory framework, where excessive and duplicative red tape means there is no consistency or certainty in the assessment process, no clear rules or a path to completion, and no guaranteed return on investment, which can all be lost at the whim of a government minister's unilateral decision.

As much as the Liberals wish it were true, alternative energy projects are not in a separate magical category from oil and gas, where they are somehow immune from these basic economic and fiscal considerations, except for those publicly funded through subsidies or paid for by utility ratepayers, definitely a significant proportion of renewable and alternative energy to date, especially outside of Alberta, where it is done by the private sector primarily. The fiscal and regulatory framework is a crucial and definitive aspect of what private sector proponents politely call the “lack of a business case” every time a major project is halted or abandoned after years and millions of dollars of working toward it, usually moving their focus and tragically their money, jobs, innovation, initiative, creativity and expertise to other countries. The Liberals have already created these same adverse conditions for wind, solar and tidal as well.

Let us take the Pempa'q tidal energy project in the Bay of Fundy. It would have provided clean, green energy to Nova Scotia's electrical grid and could have generated up to 2,500 megawatts, while bringing in $100 million in investment and significantly reducing emissions. However, after repeated delays, a tide of Liberal red tape and “Five years of insurmountable regulatory challenges” the proponent withdrew, and it folded.

Sustainable Marine was not the only victim of multiple layers of red tape that involved departments. Other renewable projects, like a pulp mill that would have created biodegradable plastics from their waste stream, left Canada because the Liberals told the proponents that the approval phase under their gatekeepers would take 20 years.

The bottom line is that energy companies, like any company, need certainty to invest, whether in the oil sands, natural gas, critical minerals, pipelines, hydrogen, petrochemicals, wind or solar farms or hydroelectricity. Proponents need concrete timelines, consistent, well-defined and predictable regulatory measures. They need to be confident that a government will respect jurisdictional responsibilities, be willing to enforce the rule of law and take action if necessary for projects after approval so proponents can know that if they follow the rules, meet the conditions and act in good faith, they will be successful.

Companies and the regulators also need to account for possible risks posed to local activities, most notably the impacts of offshore wind development and other technologies on the livelihoods of Atlantic fishers and lobstermen.

In this case, all impacted parties need to be involved in the consultation process from the get-go. Unfortunately, the Liberal's Bill C-49 creates the opposite for both alternative energy sources and offshore oil and gas. When it comes to crafting anti-energy legislation, the Liberals, with their NDP power broking coalition, just cannot seem to help themselves. Sections 28 and 137 of this bill give the government the power, as I mentioned before, to completely end any current offshore drilling for oil and gas, as well as any offshore alternative energy development. Obviously, that is an immediate threat to the sector because of the uncertainty, even for existing operations, and it risks any future projects in these provinces by designating prohibited development areas.

Notably, the bill states that any activity may be suspended in those areas. That obviously includes offshore petroleum drilling and exploration, but the language could also include offshore wind and other alternative energy development. One thing that is predictable is this pattern because it is similar to a previous Liberal bill, Bill C-55, which allowed a government minister to unilaterally designate any marine area in Canada as a prohibited development zone.

The Liberals must answer whether their increasing targets and the language in Bill C-49 would cancel and/or prohibit both traditional and renewable energy projects if located in those areas. What are the restrictions? How could developers make investment decisions if the areas where they operate may suddenly be declared prohibited?

The Liberals are so comfortable with their nearly decade-long pattern of piling on layers of anti-energy, anti-development and anti-private sector laws, policies and taxes on Canada's key sectors that they hinder both traditional sources of energy, which they recklessly want to phase out prematurely, and stand in the way of the renewable and new technologies they purport to want.

This discussion cannot be removed from the context of Canada still operating, or rather more accurately not operating, under the rules and red tape the NDP-Liberal government imported into this bill.

Bill C-69 completely erased the concept of having any timelines for approving energy infrastructure, and instead allowed for limitless and indefinite extensions of regulatory timelines, as we warned. Unfortunately, this just creates a swath of potential maybes on project applications because of the potential for suspensions and delays, and the uncertainty about measures for applications and outcomes.

With Bill C-69, as many Canadians said at the time, the Liberals might as well have hung a sign in the window that said, “Canada is closed for business”. What is clear, and should be stunningly and frankly, through this total travesty, clear to all Canadians by now, is that clear timelines and requirements, as well as predictable rules and responsibilities, provide certainty for private sector proponents, which benefits the whole country.

After eight years of the NDP-Liberal government, Canada ranks 31st among peers in the burden of regulations, as of 2018, and is less than half as competitive as the OECD average in administrative burdens on energy project start-ups. Canada is second-last in the OECD for construction permits, only ahead of Slovakia, and 64th in the world for building permits.

The Liberals touted creating certainty and predictability for energy companies with clear rules and regulations to follow, but the actual bill created a massive new web of poorly defined criteria for companies and gave cabinet ministers the power to add any criteria to the list that they wanted at any time. There is no predictability or consistency. Bill C-49 is an extension of that pattern.

Another concerning part is the provisions that specify the regulators in Newfoundland and Labrador and Nova Scotia as the parties responsible for indigenous consultation for offshore oil and gas and affordable energy projects. I must say that Conservatives believe in greater authority and autonomy for provinces to govern their own affairs. We want less Ottawa. Conservatives believe in smaller governments and a shift of power to individuals and local communities. The many indigenous communities where I am from, and those from across the country, who are reliant on and depend upon traditional and alternative energy development, all say the same thing.

However, I want to caution the NDP-Liberals that this section may invite court challenges if it is not clarified, which would create even more costly delays in an already drawn-out and unpredictable process. Through years of extensive legal challenges, precedent and judicial decisions on major energy infrastructure, courts have emphasized that it is the Crown's duty to consult indigenous people and that a failure on the part of the government to ensure a two-way dialogue, and that actual decision-makers are at the table during the consultation process, is what has overturned approval decisions.

That was the case with the Liberals' approval of the Trans Mountain expansion under their own process. Indigenous consultation was overturned and the minister had to spend months meeting with indigenous communities to redo it. Of course, they could have also done that with the northern gateway pipeline before that, and they would have saved everyone time and money later on with TMX. Instead, the Prime Minister vetoed northern gateway, blocking exports from the west coast to countries in Asia that desperately need our energy and killing all of the equity and mutual benefit agreements for the 31 indigenous communities along the pipeline that supported it, but I digress.

As currently drafted, this bill explicitly delegates the regulators as responsible for indigenous consultation. It is silent on the Crown's particular duty to consult, and it also shifts the power of final decision-making to federal and provincial government ministers.

On top of the fact that indigenous leaders often consider a federal minister specifically as the appropriate decision-maker to engage with them, if current or future governments rely too much or exclusively on the regulators for all assessments not captured by the Impact Assessment Act's consultation process, as is suggested in this bill, this section risks court challenges to proposed and approved projects in the long run and jeopardizes future offshore renewable and petroleum projects.

The impact of the uncertainty created by the Liberal government cannot be overstated. It takes Canada out of the global competition for energy development, punishing the best in class, and cedes market shares to dictators and regimes with far lower environmental and human rights standards. It costs Canada billions of dollars in investment and hundreds of thousands of jobs, and it robs Canadians and Canada's free and democratic allies of many irreplaceable opportunities, of energy security and of hope for the future.

I believe the impact on provinces such as Newfoundland and Labrador and Nova Scotia deserves special attention. Anyone who has worked in Alberta's oil patch has no doubt worked together with many Newfoundlanders and Nova Scotians. Certainly, that is where my own family came from.

My mother was from Newfoundland. My father was from Nova Scotia. My grandmother was the first female mayor of Dartmouth, and I am a first generation Albertan.

My own constituents have been hit hard by the hostile, divisive NDP-Liberal government. Other than the people of Saskatchewan, our neighbours who are often interchangeable citizens based on the free enterprise policies of our respective provincial governments at any given time, the people most concerned about the damage done to Alberta are consistently Atlantic Canadians.

I wish that more of our neighbours could hear directly from Atlantic Canadians, who are always effusive in their reverence for Alberta and our main industries. Atlantic Canadians share with Albertans a feeling of distance and neglect from Ottawa. They are concerned about the exact same consequences of NDP-Liberal policies, and the skyrocketing costs of living, as well as those of fuel and food prices. They are being forced to choose between heating and eating, and they are concerned about a reliance on energy sources, for which there are few affordable or immediate options. They are worried about how to make ends meet and are wanting to hope for the future.

Thousands of people from Atlantic Canada, every year, come to Alberta to support their families and communities through the array of diverse opportunities offered by Alberta's globally renowned energy and renewable energy sectors. Alberta has steady work and high-paying, quality jobs that contribute revenue to all three levels of government for the public services and programs that Canadians rely on.

That impact was unprecedented. In 2014, for example, nine out of every 10 full-time jobs created in Canada were created in Alberta, and every job in the oil sands creates two indirect and three induced jobs at home and in other regions and provinces.

While public enemy number one for the NDP-Liberal anti-energy and anti-private sector policies during the last eight years has been Alberta, the truth is that the costly coalition's approach hurts the whole country, especially Atlantic Canadians.

While Albertans and Atlantic Canadians are inextricably linked and have helped to build each other's provinces, there is always a human cost to having to move away for work. Generations of parents, grandparents and great-grandparents spent a hundred years working hard to build lives, businesses, farms and futures for their kids. Now their children and their grandchildren are being forced to seek out opportunities elsewhere.

Legacies left behind is the very real generational impact of anti-development and anti-resource policies. Conservatives, in conclusion, want to see the same opportunities. We want to see the same high-paying, quality jobs for people in Newfoundland and Labrador and Nova Scotia as there are for those in Alberta and for every Canadian.

Conservatives want families to be able to stay together, parents to be able to see their kids, cousins to know each other and people to be able to build upon legacies secured by generations before them.

Resumption of Debate on Address in ReplySpeech from the Throne

December 9th, 2019 / 12:10 p.m.


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Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Mr. Speaker, I am glad that the hon. member for Winnipeg North brought up Bill C-55, because that is exactly what I was alluding to in my speech this morning.

I was heavily involved in the debate in the committee study of Bill C-55. In fact, before that bill even came to the committee for study, I had put forward a motion at the fisheries committee that we study how marine protected areas are implemented in Canada and the consultation process that was there previous to Bill C-55. Now we see areas of interest being closed to access without consultation; those local fishing communities have been ignored. The fishermen have been ignored.

Even though this member says the government has put funding and resources in place, it has cut out consultation process that I see as so important.

Resumption of Debate on Address in ReplySpeech from the Throne

December 9th, 2019 / 12:10 p.m.


See context

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I think of Bill C-55, which is the oceans protection act. There is legislation, but there have also been budgetary measures, close to hundreds of millions of dollars, put in over the last number of years. I think there is common ground we can both agree on with regard to just how important these issues are.

The member talked about other areas of the world. If we take a look at Canada's population overall and contrast it to other populations around the world, we will find that the amount of political clout that Canada has is fairly significant given its population base. Does the member agree that taking progressive measures allows Canada to have a greater influence on the things that take place around the world and that is why it is important we bring forward legislation like Bill C-55 and others to ensure we continue to have that clout?

Oil Tanker Moratorium ActGovernment Orders

June 17th, 2019 / 1:40 p.m.


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Liberal

Terry Beech Liberal Burnaby North—Seymour, BC

Mr. Speaker, I completely reject the premise of that question. This type of legislation, along with our larger approach for environmental protections and growing the economy, is actually designed to help bring the country together.

I am not surprised to get those kinds of comments from the Conservative opposition. It is the only party in the House that voted against the legislation in the first place. The opposition has opposed Bill C-55, Bill C-68 and changes that protect by increasing our MPAs.

The opposition has also failed with respect to the economy. The last two Conservative governments have accrued over 72% of the total debt of the entire history of the debt in Canada. We cannot afford to have those guys back in power again.

Oil Tanker Moratorium ActGovernment Orders

June 17th, 2019 / 1:15 p.m.


See context

Burnaby North—Seymour B.C.

Liberal

Terry Beech LiberalParliamentary Secretary to the Minister of Transport

Mr. Speaker, on what is likely the last sitting week of the 42nd Parliament, I appreciate the opportunity to outline both the necessity and benefits of Bill C-48, otherwise known as the oil tanker moratorium act. Let me begin by reminding members that Bill C-48 is the fulfillment of an election promise made in 2015. It was later included in both the minister's mandate letter and the Speech from the Throne.

Bill C-48 would provide an unprecedented level of environmental protection for the northern coast of British Columbia and the adjoining Great Bear Rainforest, one of the most pristine and unspoiled places left in Canada, and indeed the world. The Great Bear Rainforest represents approximately one-quarter of the world's remaining temperate rainforest. It is an extraordinarily rich and productive ecosystem that is often described as one of the lungs of the world because of its high oxygen production. The forest is largely intact due to special measures taken by both the federal and provincial governments over many years and by the relentless efforts of local people, including indigenous communities, to protect this extremely valuable ecosystem.

Bill C-48 would be complementary to these efforts, as well as the long-standing and well-respected voluntary tanker exclusion zone agreement between Canada and the United States that keeps Alaskan tankers like the Exxon Valdez far from our coast. Bill C-48 would effectively formalize into legislation a long-standing federal policy dating back to at least the 1970s not to allow large tanker traffic off of the northern coast of British Columbia. In fact, on my first trip to Haidi Gwaii, as the parliamentary secretary to the minister of fisheries and oceans at the time, I procured three posters that were used as fundraisers to campaign for this initial tanker ban in the 1970s, one of which is hanging in my constituency office in Burnaby.

Speaking to local residents, they are concerned about their environment and their way of life. A 2012 study reviewing offshore oil and gas development in British Columbia estimates the total annual benefits of marine-dependent activities in the traditional territories of coastal first nations at more than $30 billion. Unlike other regions in Canada, this policy legacy ensures that there is no existing tanker traffic near this coast. This means that formalizing the moratorium will not disrupt any current jobs or economic activity in the region. In fact, it would help protect existing industries, including fisheries, aquaculture and ecotourism.

Bill C-48 would continue to allow for the shipment of non-persistent oils. What this means is that communities along the north coast of British Columbia would continue to be open to economic development opportunities, including the recently announced $40-billion infrastructure project in Kitimat, B.C. Bill C-48 would not affect the estimated 10,000 jobs that are attached to that particular project. Very importantly, Bill C-48 would help to preserve the cultural and spiritual way of life of coastal first nations. As such, it is part of the Government of Canada's larger commitment to reconciliation with indigenous peoples. As we know, this is something that our government and our Prime Minister consider to be of the highest priority.

Members will recall that Bill C-48 was debated and studied in the House in 2017 and 2018. It was ultimately passed by the elected members of the House of Commons in May 2018, by a vote of 204 to 85. With the support of the Liberal Party of Canada, the NDP, the Green Party and the Groupe parlementaire du Parti québécois, only the Conservatives voted against it.

I would like to take a moment to thank the member for Skeena—Bulkley Valley, whose riding largely overlaps with the proposed moratorium zone and who has been a long-time advocate of formalizing the tanker ban into legislation. Along with our colleague from Vancouver Quadra, he has introduced private member's bills in previous Parliaments proposing a tanker ban, albeit through a different mechanism. He has been working with our government to secure support for this important bill in the other place, and his co-operation is greatly appreciated.

This bill was referred to the other place on May 9, 2018, and has been studied and debated there until just last week, more than a year before it was passed with an amendment and sent back to this chamber. I am grateful for the work undertaken in the other chamber, particularly during report stage and third reading. If colleagues have not had an opportunity to read or listen to some of these debates, I would encourage them to do so. They will be impressed by the high level and seriousness of the debate. Those debates ultimately led to the amendment that is before us today.

The Senate is proposing to modify Bill C-48 in a number of ways, most substantively by requiring a two-stage review. First would be a regional assessment that would be led by the Minister of Environment under authorities that would be established once Bill C-69 came into force.

The Minister of Environment would be required to invite the provincial governments of British Columbia, Alberta and Saskatchewan, as well as indigenous communities in the moratorium area, to enter into an agreement or arrangement respecting the joint establishment of a committee to conduct the regional assessment and the manner in which the assessment is to be carried out. This body would then have up to four years after coming into force to complete the report.

This would then feed into the second stage, a parliamentary review, which would take place five years after coming into force, and which would consider evidence gathered by the regional assessment and conduct further study and hearings before presenting its report to Parliament.

Let me begin by first stating that we acknowledge that this is a thoughtful, creative and substantive amendment. We also recognize that the Senate's amendment, including the regional assessment component, is a well-intentioned and honourable attempt to find a compromise between supporters and opponents of the moratorium, as well as an attempt to depoliticize what has turned into a very contentious debate on this bill by requiring a more technical, evidence-based study.

In terms of the government's response, we support the Senate's call for a parliamentary review of Bill C-48 after five years. During report stage debate in the other place, Senator Sinclair remarked:

I too have concerns about the bill because it does constitute what appears to be an absolute ban on tanker traffic in an area, for good reason that might be applicable today, but I’m not so sure it will be applicable in the future.

He went on to state:

When it comes to how we can improve the bill, one of the options I want to talk to the chamber about is whether we might consider allowing for communities to change their minds at some point in the future and if they all agree that the ban should be lifted, then we would allow the bill to say so.

A parliamentary review after five years would allow such a conversation to take place. Committees could look at scientific evidence and new developments, hold meetings outside of Ottawa and provide an opportunity for all interested indigenous communities, provinces and other stakeholders to express their views.

However, for a number of reasons, we respectfully disagree with the Senate's recommendation to undertake a regional assessment. First, we feel this is unnecessary, given the requirement for a parliamentary review, as I just discussed. Second, there is consultation fatigue, particularly among communities living in northern B.C. and coastal first nations, after many years of reviews and studies.

A non-comprehensive list of these reviews includes the Senate transport committee study of Bill C-48 in 2019; Transport Canada consultations with communities and stakeholders held in 2016 and 2017, prior to the introduction of Bill C-48; the Canadian environmental assessment and National Energy Board review panel of Enbridge's northern gateway pipeline proposal, held between 2010 and 2012; the Natural Resources Canada public review panel on the Government of Canada moratorium on offshore oil and gas activities in the Queen Charlotte region of British Columbia in 2004; the B.C. scientific review of offshore oil and gas moratorium in 2002; the joint Canada-B.C. west coast offshore exploration environmental assessment panel” in 1986; the federal west coast oil ports inquiry in 1977; and, last but not least, the House of Commons Special Committee on Environmental Pollution in 1970-1971. I was almost tired going through the whole list, never mind the actual reports themselves.

It is important to note that many of the reviews I mentioned were led by regulators and bureaucrats, not politicians. They looked in detail at scientific evidence in a more technical way than parliamentary committees typically do. However, none of them led to a resolution of the fundamental political disagreements over this issue. At the end of the day, many of the scientific questions about whether or not it is safe or advisable to move crude oil in tankers off this particular coast are endlessly debatable. There is no reason to believe that yet another lengthy and expensive study would bridge these differences of opinion, especially one starting so soon after the coming into force of Bill C-48.

To be clear, the amendment proposes to start yet another review only 180 days after Bill C-48 comes into force. At some point, a decision needs to be made based on the best evidence available and using the best judgment of parliamentarians about what is fair and reasonable, taking into account the wider Government of Canada approach on energy and the environment and on reconciliation with first nations.

Furthermore, there is, in our view, a need for a cooling-off period and a break to allow passions to settle and to take a breath. Coastal first nations have been fighting for a bill like this for almost 50 years. They deserve a break and some peace of mind.

Finally, the proposed approach would result in a lack of clarity over whether the authority provided to the Minister of Environment in Bill C-48 would be inconsistent or in conflict with the authority provided to the Minister of Environment in Bill C-69.

For all these reasons, the government is proposing to accept the Senate amendment but in a modified form. We accept adding a parliamentary review five years after coming into force, but respectfully disagree with the requirement to hold a regional assessment. We feel this is a fair compromise with our colleagues in the other place and will allow them to achieve much, if not all, of what they intended, namely an opportunity to re-evaluate the law after a number of years.

Turning back to the bill itself, much of the debate on Bill C-48 so far has revolved around the question of why legislation is being proposed that effectively bans oil tankers from operating off the coast of northern British Columbia and not elsewhere in the country. Critics of the bill contend that this is arbitrary and unjustified, but I would argue that nothing could be further from the truth.

As the Minister of Transport explained when he appeared before the Senate transport committee, there are a number of factors that, when combined together, account for the uniqueness of the situation in northern British Columbia and the need for special measures to protect it.

The most obvious, unique attribute of British Columbia's pristine north coast is the ecological significance of the area. The coastline runs along one of the last temperate rainforests left in the world and, even more rare, one of the very few to remain largely intact. These kinds of forests are unusually productive and support an extraordinarily rich web of biodiversity. The interface between the marine, coastal and terrestrial environments in this part of B.C. is seamless.

The Senate transport committee heard from experts who testified both to the unusually pristine nature of this ecosystem and to its vulnerability to the effects of a major oil spill. Canada has a kind of jewel in the Great Bear Rainforest, which needs to be treasured and preserved for future generations. This is a responsibility we owe not only to ourselves but to the world. The precautionary principle, a principle I debated often within my previous role in Fisheries and Oceans, is fully justified in this case.

A second distinguishing factor is the long-standing policy legacy, at both the federal and provincial levels, of extending special protections to this part of the country. In essence, Bill C-48 would simply formalize an already well-established policy of barring oil tankers from this coast. As such, it would not be disruptive to any existing industries or employment, very much unlike the case if we were to propose such a moratorium off the coast of Newfoundland or Nova Scotia, or for the St. Lawrence, for example.

A third factor that differentiates the northern coast of British Columbia is its shear size and remoteness and the navigational hazards of operating in these waters.

Environment Canada classifies the Hecate Strait as the fourth most dangerous body of water in the world for shipping. Winds of 100 kilometres per hour and waves between eight and 10 metres are not uncommon in both the Hecate Strait and the Dixon Entrance. These combine to make spill response more challenging than in more populated, built-up areas like the south coast, the St. Lawrence or the east coast. Although our government is dramatically boosting our capacity to respond to accidents through our $1.5 billion oceans protection plan, resources cannot be unlimited. It will continue to be the case that northern B.C. will present special challenges, particularly during bad weather which is common on these seas.

Last, Bill C-48 is responding to a more than 40-year campaign by local people, and especially indigenous communities, who live along the coast to formalize the moratorium banning oil tankers. While it is true that opinion among indigenous communities is not universal, a clear majority of these communities that are situated in the proposed moratorium area want to pass this law. Most important, the communities that would be most vulnerable to the impacts of an oil spill, such as the Haida and the Heiltsuk, have campaigned persistently for this bill. As such, it is part of our government's larger commitment to reconciliation with the first nations.

While I am sympathetic to the voices of indigenous groups further inland, which might like to participate in the economic benefits of a future, yet highly notional, pipeline that would go to the northern coast of B.C., I cannot disregard what a major oil spill would mean economically, culturally and spiritually to those who would bear the brunt of its effects. They deserve the peace of mind that Bill C-48 would bring them.

I note as well that coastal first nations have been joined by their neighbours in communities such as the city of Prince Rupert, the village of Queen Charlotte, the district of Kitimat, the city of Terrace, the town of Smithers, and the Skeena-Queen Charlotte regional district, which have all passed resolutions or written letters in support of the moratorium. There is also support by the Province of British Columbia.

In the short time that I have been in the House, I have had the opportunity to work on the government's $1.5 billion oceans protection plan, revisions to the Oceans Act in Bill C-55, restoring protections and introducing modern safeguards to the Fisheries Act via Bill C-68 and working to restore our whale population with our $167 million action plan.

We have expanded our marine protected areas from less than 1% under the previous government to over 8%. At the same time, we have reduced unemployment to historic lows, lifted 825,000 Canadians from poverty and Canadians have created more than a million new jobs.

It is the responsibility of any government to work hard to protect and restore the environment while growing the economy and creating more opportunities for Canadians. To do this successfully, we must balance competing demands and constraints, and I believe Bill C-48 would help us accomplish this balance.

I would like to quote a colleague from the other place, Senator Harder, who recently remarked:

I hope that, one day, the people of the coast will tell the story of when their grandparents came to Ottawa to pass Bill C-48. I hope [we]...tell the story of how Canadians worked together to save the environment at this testing time.

It is time this bill was passed. I hope our colleagues in the other place will join our government in at long last making this a reality.

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

June 10th, 2019 / 11:15 p.m.


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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Mr. Speaker, a couple of things are not lost on me this evening. First is the fact that the Raptors were down by three points with about six minutes left. That may have changed; I do not know. Maybe the page can provide an update on the latest score.

The other thing that is not lost on me is the fact that the government House leader just came down with the hammer again, effectively stopping debate on an issue that the members on this side of the House feel is important to speak about.

We heard the member for Kamloops—Thompson—Cariboo speak about this issue earlier tonight. The member for Dauphin—Swan River—Neepawa spoke about this. I have been in this House most of the time during this debate, and that was one of the best assessments of this piece of legislation and the consequential impact it would have on our natural resource sector. I mentioned earlier, when the hon. member was speaking, that it was almost like taking a knife to a gun fight with respect to some of the questions that were coming, not just because of the member's experience working in the Mackenzie Valley as a biologist and understanding these issues, but because the knowledge the member has of our natural resource sector is just incredible.

The hammer comes down once again, and it comes down because there are nine days left in this session of Parliament, assuming we are not recalled in the summer for some other circumstance, and the government has completely mismanaged the legislative agenda of the House. The Liberals had an opportunity to bring this legislation forward far in advance of where we are this evening at 11:17 p.m. on June 10. Now that their backs are up against the wall, not just on this piece of legislation but on other pieces of legislation, the hammer drops tonight. They will no longer be debating this issue, in spite of its importance.

It is not just this piece of legislation that is a problem. It is an incremental, systematic destruction of our natural resource sector through other pieces of legislation. I will remind members of them: Bill C-69, Bill C-48, Bill C-86 and Bill C-55. All of these pieces of legislation are intended to effectively handcuff our natural resource sector and bring Alberta and Saskatchewan and the western producers and manufacturers of oil and gas in this country not just to their knees, but begging on their knees for the government to do what it needs to do and not destroy this important sector of our economy.

This sector is important for many reasons: not just for the transfer payments that it has provided so that various regions of Canada can prosper from the success of our natural resource sector, but also because the social fabric of this country is largely based on the revenues that are created from our natural resource industry. Every single Canadian depends on what our natural resource sector can provide: proper health care, proper social safety systems and the ability to look after the most vulnerable in our society, including indigenous communities, which have prospered in the past as a result of Canada's success. That success is not just economic. It is our success from an environmental standpoint, to make sure we get our product out of our country in an environmentally sustainable manner. It is sad that we are at this point.

Bill C-88, an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other acts, consists of two parts. Part 1 amends the Mackenzie Valley Resource Management Act, which was initially passed under the Chrétien Liberals in 1998 and amended by the former Conservative government within Bill C-15, the Northwest Territories Devolution Act.

I will remind the House that a major component of Bill C-15 was the restructuring of the four land and water boards in the Mackenzie Valley into one. Following passage in 2014, the Tlicho government and the Sahtu Secretariat filed lawsuits against Canada, arguing that restructuring violated their land claim agreements.

In February 2015, the Northwest Territories Supreme Court issued an injunction preventing the board restructuring provisions from coming into force until a decision on the case was issued. The Liberals paused that legal battle shortly after forming government, and there is more to that.

More concerning about Bill C-88 is part 2, with respect to the Liberals five-year moratorium on oil and gas exploration.

Bill C-88, and particular part 2, is also quite concerning as is the five year moratorium on oil and gas exploration in the Beaufort Sea. The bill would amend the Canada Petroleum Resource Act to allow the Governor in Council to issue orders, when in the national interest, to prohibit oil and gas activities and freeze the terms of existing licenses to prevent them from expiring during that moratorium.

Again, as I said earlier, this is a consistent and systemic pattern of the Liberal government to want to control almost every aspect of our natural resource sector through Governor in Council orders. That would place the decision-making powers effectively in the hands of the minister and in the hands of the executive branch of government through cabinet order.

Think about this as an investor looking to invest in Canada. One of the things investors look for the most is certainty. They want to know that if they are going to park their money in the type of investments within our natural resource sector, that it is going to provide a profit, not a bad word, especially for those who are investing. They need to know whether there is actual certainty in the process itself.

After having invested all this money to investigate the potential of investing in Canada, all of a sudden it goes to cabinet or the minister and the minister decides again, like the government House leader did tonight, to bring down that hammer on the investment, saying the government is not going to approve this for whatever reason, mostly based on ideology. If I am planning on investing multi-billions of dollars into the Canadian resource sector, why would I do that?

It is not just that uncertainty it has created, but we also have a government that has clearly indicated to the investment community in the natural resource sector its intent, through its ideology, of flipping the switch.

The Prime Minister effectively stated as much in his travels around the world. When he spoke in Paris and said that he would shut down the natural resource sector tomorrow if he could, did he think what he said would not travel back to Canada? That message was heard loud and clear not just in Canada, but in North America by those investors who were willing to look to Canada as a safe haven to invest and grow their businesses.

It is particularly troubling when the government says, as the Government House Leader did just 10 minutes ago, that it is going to shut down debate. It is important that voices in the House speak to that issue in particular. It is important that Canadians know what the incremental systemic plan is of the government to shut down our natural resource sector and effectively chase investment away.

Where is that investment going? Clearly, all of that money is going down to the United States. We saw that with Trans Mountain. The government bought the Trans Mountain pipeline. Where did that money go? It went back down to Houston to be reinvested into a more friendly environment for investment into natural resources. Arguably, the American economy is firing on all cylinders, being led by the natural resource sector. It is building pipelines like it has never built them before. It is building deep water ports like it has never built them before. All of this is to make sure it gets its products to global markets where the demand is great. That demand is going to continue, whether Canada and a Liberal government decide it is not going to participate in that or whether other competitors of Canada, like the United States, decide they are going to make sure they get their products to market. All of these incremental pieces of legislation that have come up, this one within the last nine days of Parliament, are intended and designed to shut down our natural resource sector.

Today, in an unprecedented move, premiers from six provinces signed a letter. I am not sure in the history of this country whether that has been done. There have been other issues of national importance where premiers have gathered together and discussed with the prime minister certain issues that were impacting them, but collectively, as a group, I am not certain whether that has been done. They sent a letter to the Prime Minister today, which is public. I want to read it into the record so that Canadians are clear on just how serious this issue is, not just on a regional level in Alberta and Saskatchewan, but now we are finding out with Manitoba regarding the hydro electric line that the government is getting in the way of, which is effectively a clean energy project. There is significant concern within the confederation, so much so that these six premiers wrote this letter today.

It states:

Dear Prime Minister,

We are writing on behalf of the Governments of Ontario, New Brunswick, Manitoba, Saskatchewan and Alberta and the Northwest Territories. Collectively, our five provinces and territory represent 59 per cent of the Canadian population and 63 per cent of Canada’s GDP. We are central to Canada’s economy and prosperity, and it is of the utmost importance that you consider our concerns with bills C-69 and C-48.

Canadians across the country are unified in their concern about the economic impacts of the legislation such as it was proposed by the House of Commons. In this form, the damage it would do to the economy, jobs and investment will echo from one coast to the other. Provincial and territorial jurisdiction must be respected. Provinces and territories have clear and sole jurisdiction over the development of their non-renewable natural resources, forestry resources, and the generation and production of electricity. Bill C-69 upsets the balance struck by the constitutional division of powers by ignoring the exclusive provincial powers over projects relating to these resources. The federal government must recognize the exclusive role provinces and territories have over the management of our non-renewable natural resource development or risk creating a Constitutional crisis.

Bill C-69, as originally drafted, would make it virtually impossible to develop critical infrastructure, depriving Canada of much needed investment. According to the C.D. Howe Institute, between 2017 and 2018, the planned investment value of major resource sector projects in Canada plunged by $100 billion....

That money is gone.

It continues:

[This is] an amount equivalent to 4.5 per cent of Canada’s gross domestic product. To protect Canada’s economic future, we, collectively, cannot afford to overlook the uncertainty and risk to future investment created by Bill C-69.

I would argue, incrementally, Bill C-88 as well.

It further states:

Our five provinces and territory stand united and strongly urge the government to accept Bill C-69 as amended by the Senate, in order to minimize the damage to the Canadian economy. We would encourage the Government of Canada and all members of the House of Commons to accept the full slate of amendments to the bill.

The Senate Committee on Energy, the Environment, and Natural Resources heard 38 days of testimony from 277 witnesses including indigenous communities, industry, Premiers, and independent experts. Based on that comprehensive testimony, the committee recommended significant amendments to the bill, which were accepted by the Senate as a whole. We urge you to respect that process, the committee’s expertise, and the Senate’s vote.

If the Senate’s amendments are not respected, the bill should be rejected, as it will present insurmountable roadblocks for major infrastructure projects across the country and will further jeopardize jobs, growth and investor confidence.

Similarly, Bill C-48 [and again I would argue Bill C-88] threatens investor confidence, and the tanker moratorium discriminates against western Canadian crude products. We were very disappointed that the Senate did not accept the recommendation to the Senate Committee on Transport and Communications that the bill not be reported. We would urge the government to stop pressing for the passage of this bill which will have detrimental effects on national unity and for the Canadian economy as a whole.

Our governments are deeply concerned with the federal government’s disregard, so far, of the concerns raised by our provinces and territory related to these bills. As it stands, the federal government appears indifferent to the economic hardships faced by provinces and territories. Immediate action to refine or eliminate these bills is needed to avoid further alienating provinces and territories and their citizens and focus on uniting the country in support of Canada’s economic prosperity.

That was signed by six premiers and territorial leaders: the Hon. Doug Ford, the Hon. Blaine Higgs, the Hon. Brian Pallister, the Hon. Scott Moe, the Hon. Jason Kenney and the Hon. Bob McLeod, Premier of the Northwest Territories.

We need to focus on uniting the country in support of Canada's economic prosperity. That is what this is all about: making sure that Canada has economic prosperity in all sectors.

I know that the government is focused on new technologies, new innovation and green energy. We should all be focused on these things, but we have to take a parallel path. We cannot simply shut or blockade this path for the sake of moving down that path, a path that will require time, energy and significant investment if we are to move to a green economy, if we are to move to the sustainable development of the government's ideology.

Unlike what the Prime Minister says, we cannot flip the switch on our natural resource sector. We have to continue to support it, and we have to continue to support it not just in an environmentally sustainable way. I would argue that Canada has always done that. Canada is a world leader in innovation and technology as it relates to energy extraction in this country and around the world. We have that capability.

Why are we implementing legislation and putting the power into the hands of a government and cabinet whose ideology does not conform with what most of Canada would like to see? That is that we continue to extract and use our natural resource sector and stop buying and relying on energy from other countries. There are millions of barrels being purchased from our greatest competitor, the United States, and from countries with despotic regimes, such as Saudi Arabia and Venezuela.

We have the ability in this country to do what we need to do to ensure economic prosperity for all, prosperity for Canadians across this country, from Newfoundland to British Columbia to northern Canada and to indigenous communities in between. We have that capability.

I said it earlier and will again echo the words of Premier Frank McKenna. It is time we had a truly national debate about whether we want to be a carbon-producing country. In doing that, only then will we determine the risk and the reward of that decision.

Mr. Speaker, I thank you for your time tonight, and if you would indulge me, could you tell me how the Raptors are doing? I got an update, but I would like another update.

Mackenzie Valley Resource Management ActGovernment Orders

June 10th, 2019 / 9:15 p.m.


See context

Conservative

John Brassard Conservative Barrie—Innisfil, ON

Mr. Speaker, I always enjoy when my colleague from Dauphin—Swan River—Neepawa stands, especially when he fields questions from the government and the NDP. It is like they are taking a knife to a gunfight, given the level of knowledge the hon. member has.

I want to speak specifically about Governor in Council orders, which the member talked about in his speech. We are seeing a pattern of a consistent and concerted effort on the part of the government to put control of a lot of these natural resource projects into the hands of the executive branch of government and cabinet. I note specifically Bill C-69, Bill C-48, Bill C-86 and Bill C-55.

Could the member expand on that and the concern with respect to the impact this will have on our natural resources sector?

Mackenzie Valley Resource Management ActGovernment Orders

June 10th, 2019 / 8:45 p.m.


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Conservative

Robert Sopuck Conservative Dauphin—Swan River—Neepawa, MB

Madam Speaker, it is an honour to stand in the House to speak to this particular bill. Unfortunately, Bill C-88 is another anti-energy policy from the Liberal government, which is driving energy investment out of Canada, costing Canadian workers their jobs and increasing poverty rates in the north. Like Bill C-69 before it, Bill C-88 politicizes oil and gas extraction by expanding the powers of the cabinet to block economic development and adds to the increasing levels of red tape that proponents must face before they can get shovels in the ground.

Further, Bill C-88 reveals a full rejection of calls from elected territorial leaders for increased control of their natural resources. I am deeply concerned that with Bill C-88, the Liberals would entrench into law their ability to continue to arbitrarily and without consultation block oil and gas projects. As witnesses noted in the Standing Committee on Indigenous and Northern Affairs, again we see the Liberal government putting together very different pieces of legislation. Before taking office, they promised to table only legislation that stands alone, and they have run away from that promise altogether.

The former Conservative government viewed the north as a key driver of economic activity for decades to come. Other Arctic nations, including China and Russia, are exploring possibilities. The Liberals, meanwhile, are arbitrarily creating more barriers to economic development in Canada's north, with the Liberal government's top-down and ever-paternalistic action to do nothing to reduce poverty in remote and northern regions of Canada. Northerners face the unique challenges of living in the north with fortitude and resilience. They want jobs and economic opportunities for their families, and they deserve a government that has their back.

Bill C-88 is another one in the long list of failed Liberal environmental policies. There are Bill C-69, which will further throttle natural resource development; Bill C-68, the new fisheries act, which will add another layer of complications to all Canadian economic development; Bill C-48, the tanker ban; as well as Bill C-55, the marine protected areas law. Added together, it is a complete dog's breakfast of anti-development legislation.

The natural resource industries are extremely important in this country. Indeed, I am very honoured and proud to represent a natural resource constituency. What do the natural resources consist of in this country? They are energy, forestry, agriculture, mining, commercial fishing, hunting, fishing, trapping and so on. In my riding of Dauphin—Swan River—Neepawa, all of these activities take place in various regions, in all 66,000 square kilometres of my riding, and it sickens and angers me how the workers in the natural resource industries and the people in the communities are continually being attacked by the government, whether it is anti-firearms legislation, Bill C-69 or Bill C-68. All of these pieces of legislation collectively add up to a complete throttling of rural communities.

I listened with great humour to the parliamentary secretary's comments about the Mackenzie Valley. I cut my teeth as a young fisheries biologist doing environmental impact work in the Mackenzie Valley. I was there in 1971, 1972, 1975 and again in the 1980s. While I would certainly never claim to know as much about the Mackenzie Valley as does the hon. member for Northwest Territories, my experience as a biologist has been unique.

Back in the 1970s, when the first environmental impact assessment work was done in the Mackenzie Valley, I was part of teams of biologists who sampled every single waterway in the Mackenzie Valley where the pipeline would cross. We assessed fish and wildlife habitats up and down the valley, and I am one of the few people in this country, apart from the residents of the Mackenzie Valley itself, who have seen, experienced, photographed and measured essentially all of the environmental amenities and characteristics that the Mackenzie Valley has. In addition, I have also visited most communities. It was quite a while ago; nevertheless, I do not think a lot has changed.

The implication from the parliamentary secretary is that absolutely nothing has been done in the Mackenzie Valley, nothing at all. The work started in the 1970s, with the aforementioned environmental impact assessment that was done and that I was a part of. Those were the years of the Berger commission. The shameful Berger commission held hearing after hearing. That was a time when natural gas and energy prices were fairly high, so much so that Thomas Berger recommended that the project be shelved, which it was, after hundreds of millions of dollars were spent on exploration activities and with much community involvement. I was there. I saw it. I was part of it.

In the 1990s, it was done all over again. The same streams that we sampled in the 1970s were looked at, the same wildlife habitat, the same environmental characteristics were all measured and, again, the same conclusion was reached: no development.

The late 1990s were a time when natural gas prices were something like $15 per 1,000 cubic feet. It made the pipeline economical. Well, along came fracking, and the price of natural gas went down to $3 per 1,000 cubic feet, and in the mid-2000s, the pipeline project was shelved in perpetuity, leaving these communities consigned to poverty.

The Mackenzie Valley is a unique and wonderful place. The soils are rich and the trees are big. It is indeed an anomaly in the north. One does not have to go too far east of the Mackenzie Valley to hit the tundra. There have been experimental farms in the Mackenzie Valley. There was one at Fort Simpson when I was living there. Again, the agricultural and forestry potential is absolutely enormous.

The parliamentary secretary talks about the fragility of the Mackenzie Valley. I doubt he has seen it. All of the world's environments need to be treated with care. However, does he realize that there have been oil wells in Norman Wells since the Second World War? Does he realize that, in 1980, a pipeline was built from Norway House to Zama Lake, Alberta? All of these developments were done without any fanfare, and Norman Wells, producing some of the finest crude oil in the world, has been operating for decades now with little or no environmental impact. People who do not know what they are talking about and do not know about the environment are making laws that consign people in these communities to poverty in perpetuity, and that is absolutely shameful.

In terms of indigenous communities and resource development, one need only look at the Agnico Eagle gold mine at Baker Lake. I hate to break it to my friends opposite, who so object to resource development, but the employment rate in Baker Lake is 100%, thanks to that mining operation.

During the testimony for Bill C-69, I asked Pierre Gratton, the head of The Mining Association of Canada, about the social conditions in communities that operate in the diamond mining area. These are his words, not mine, but I am paraphrasing. He talked about the increase in education levels. Literacy went up; job training went up; and the social conditions improved.

The current government is consigning Canada's north and Canada's northern communities to poverty in perpetuity, and I hope it is happy about it, because I certainly am not. It is shameful what it is doing.

In my time as a biologist, I have seen the evolution of environmental policy, starting in the 1970s. I was not there, but I remember the first Earth Day in 1970, which Maurice Strong organized. Back in the mid-1980s, the Brundtland commission came out with “Our Common Future”, which talked about the concept of sustainable development. Gro Harlem Brundtland was very clear on the concept of sustainable development. She said clearly that sustainable development is not an environment concept; it is a development concept, and it is development in harmony with the environment. However, the current government has seen fit to break that particular compact with the people.

In the 2000s, of course, I also saw the rise of climate science and environmental policy. It is an evolution I have been very fortunate to witness, but what I see now, from the Liberals especially, is that they are phony environmentalists, most of them, apart from the member for Northwest Territories, whom I have an enormous amount of respect for. They talk a good game about the environment, but they do not know anything about it. They have never been there. They have never studied it. They do not measure it, and they have no concept of what goes on.

There are two paths in terms of environmental policy. One is with the Liberals and the NDP. For them, environmental policy is all about process, consultation and nothing else. Strategies without results are meaningless. On this side of the House, Conservative environmental policy is focused on real and measurable environmental results. It is no accident that former Conservative prime minister Brian Mulroney was named the greenest prime minister in Canadian history: the acid rain treaty, the Montreal Protocol, the green plan, the pulp and paper effluent regulations. My own previous prime minister, Stephen Harper, connected with that particular legacy.

The track record of Conservative governments is by far the best in terms of measurable results. Environmental assessments should be all about what effect a project would have on the environment, how we mitigate it and how we ensure the project moves ahead with all the attendant benefits that it will develop?

What is really interesting is that those on the Liberal left think modern society is the problem. Those of us on the Conservative side of the House say modern society is the answer.

A group of academics coined an index called the “environmental benefits index”. Basically, it is a graph comparing country income, per capita income in any given country, and environmental quality. It is very clear, if we look at measurable environmental indicators, such as water quality, air quality, amount of protected land, conservation agriculture, the fewest species at risk and on and on, that the wealthy countries have the best environments.

Which party delivers economic growth, economic development through trade, creating a business climate for economic growth? That is only the Conservatives. That is why, under Conservative governments, if one looks at the actual measurable environmental characteristics of Canada, for example, indeed all of the developed nations of the world, they are vastly superior to countries that are run under the stultifying control of excess governments.

We can look, for example, at the Sudbury miracle. What happened there? A few decades ago, a moonscape was around Sudbury. Investments were made in sulfur dioxide removal. Now the forests have all come back. There are still jobs there. The forest and the environment have come back. That is what happens when we have Conservative-style environmentalism. We actually get results.

Let us get back to the Mackenzie Valley. When we were doing our assessments in the Mackenzie Valley, we had aerial photographs. This was back in the days before GPS or any of that kind of stuff. We sat down with aerial photographs in our laps, big huge rolls. We were in the helicopter, following this black line through the Mackenzie Valley. The GEO chemist beside me would take notes, the hydrologist would take notes, and then the helicopters would land in various stream crossing areas, where we knew the pipeline would cross.

All of us scientific types, hopped out and did our various work, such such wildlife habitat and fisheries habitat assessments. I would set my little nets in the pools and see what was there. I have to confess something, I was actually paid to fish back in those days. It is something that a young biologist very much appreciated.

This was back in 1975, the care with which the pipeline was planned, the soil types were measured, the depth of the permafrost was looked at, all that kind of stuff. Even back then, in the dark ages of 1975, we knew darn well that that pipeline could be built and delivered in an environmentally sound way. Indeed, my friend, the natural resources critic would know how many kilometres of pipeline there are in the country, about 30,000 kilometres of pipeline, give or take. However, nobody knows where they are, because they are all cited according to our best environmental practices.

It always bugs me when I hear members opposite, or the NDP members, talk about cleaning up our economy, going green, clean tech and so on. I have a dirty little secret to share with them. All industries in Canada are already clean.

Let me give an example of that. Brian Mulroney, the Conservative PM in 1989, implemented the pulp and paper effluent regulations. They mandated the construction of a waste water treatment plant at every pulp and paper facility. What was once a toxic effluent now became an effluent that people could actually drink. Industry after industry across the country follows those exact same guidelines.

Before I became an MP, I had this pleasure through environmental assessment in the oil sands. I lived at the Denman camp, part of the Kearl project. It is a human tragedy what the Liberals are doing. I had a chance to mix, mingle and make friends with people all across the country of all ages, of all education levels, from tractor drivers to hydrogeochemists and everything in between. They were all fulfilling their dream, making a very good living, helping their families, paying their way through school, buying that first house. The Liberals are destroying that for the families of those good people who work in the oil sands. That is something I will never forgive. It is simply not true that our industries are not clean. They are the cleanest in the world.

Here we are importing oil from Saudi Arabia and Venezuela, leaving aside the social conditions in those countries. We know there are simply no environmental standards in those countries. The government and the NDP willingly import that kind of oil, yet block the exports of Canadian oil and gas whether it is from the Arctic or the west coast.

What is also interesting is that there are national security implications to this as well. I remember meeting with the ambassador from Slovakia. That country is dependent on Russian gas. It would only be too happy to buy energy from us. The implications of what the Liberals and NDP are doing to stop Canada's resource development goes far beyond our country. Indeed they go far beyond Alberta. Again, Canadians from all walks of life have worked in the oil sands.

Getting back to the bill for the Mackenzie Valley, it truly saddens me when I think about the communities of the Mackenzie Valley, which are ably represented by the member for Northwest Territories. It really saddens me to see what is perhaps going on there, apart from where there is no resource development. I mentioned Baker Lake and the diamond mines. Where there is resource development, communities are thriving. Wages are high. Environmental quality is very high because all these industrial activities, all these installations are built with the highest environmental standards in mind.

People say that this industry did this badly or this industry is not doing it right. Every industry in the country operates under the terms and conditions of an environmental licence. I should know. I managed an environmental licence for a paper company. We had to do the appropriate monitoring of our industrial activity. I had to submit reports. We were checked on a regular basis.

If any industry in the country does not operate in an environmentally sound way, it is not the industry's fault; it is the government's fault. Either the terms and conditions of the environmental licence are not right, but the company is following these terms, or the government is not enforcing the rules.

I, for one, will stand and proudly defend all the Canadian industry. What we do in our country is right and proper and is a model for the world.

Therefore, I move:

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

Bill C-88, an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other acts, be not now read a third time, but be referred back to the Standing Committee on Indigenous and Northern Affairs for the purpose of reconsidering clauses 85 and 86, with a view to removing the ability for the federal cabinet to prohibit oil and gas activities on frontier lands based on “national interest”.

The Assistant Deputy Speaker Anthony Rota

I have the honour to inform the House that a communication has been received as follows:

May 27, 2019

The Honourable

The Speaker of the House of Commons

Ottawa

Mr. Speaker:

I have the honour to inform you that the Right Honourable Julie Payette, Governor General of Canada, signified royal assent by written declaration to the bills listed in the schedule to this letter on the 27th day of May, 2019 at 1:37 p.m.

Yours sincerely,

Assunta Di Lorenzo

Secretary to the Governor General and Herald Chancellor

The schedule indicates that the bills assented to were Bill C-85, An Act to amend the Canada-Israel Free Trade Agreement Implementation Act and to make related amendments to other Acts, Bill S-6, An Act to implement the Convention between Canada and the Republic of Madagascar for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act.

Oceans ActGovernment Orders

May 13th, 2019 / 6:35 p.m.


See context

Liberal

Pat Finnigan Liberal Miramichi—Grand Lake, NB

Mr. Speaker, nearly two years after it was first introduced, I have the honour to speak to Bill C-55, an act to amend the Oceans Act and the Canada Petroleum Resources Act, a bill that has the support of Canadians from coast to coast to coast.

Before I get to the collaborative motion we are debating today, in response to the message received from the other place a little over a week ago, I would like to correct some inaccuracies that have come out in members' comments on this motion.

First, the member for Sherbrooke said that we have protected just 1.5% of our marine areas to date, that we missed our 2017 target and that, according to him, we are on track to miss our target of 10% in 2020. With all due respect, the member's figures are completely wrong. Perhaps he was talking about the former Conservative government's record. I assure the House that those figures do not apply to this government, and I would like to clarify the facts.

To date, under the direction of the current Liberal government, the Minister of Fisheries, Oceans and the Canadian Coast Guard and our Prime Minister, we have protected 8.27% of our marine and coastal areas, compared to only 1% under the previous Conservative government. In fact, before reaching 8.27%, we announced in October 2017 that we had reached the objective of 5%.

With respect to the environment and the protection of marine biodiversity, our government is implementing the measures Canadians want and expect. In spite of what the member for Sherbrooke said last week, we have effectively reached our objectives and we are on track to reach our 10% objective in 2020.

The member for Sherbrooke also stated that the current government's standards for marine protected areas were not very high. I would like to remind the House that last month, at the Nature Champions Summit in Montreal, the government and the Minister of Fisheries, Oceans and the Canadian Coast Guard showed great leadership by announcing new standards for marine protected areas in order to strengthen conservation and the protection of important marine habitats.

The announcement means that marine protected areas will operate a bit like national parks and ensure a high level of protection of the environment by banning four industrial activities in these zones, namely oil and gas activities, mining, discharging, and bottom trawling. This approach is consistent with the recommendations of the National Advisory Panel on Marine Protected Area Standards.

In fact, Oceana, the main marine protection agency, said that this announcement of standards for marine protected areas is a great step forward and will help ensure appropriate protection for Canada's most important marine areas; that marine protected areas meeting these standards will help protect fragile habitats that provide nursery, spawning and feeding areas for marine wildlife from harmful practices such as oil and gas activities and bottom-contact gear; that it is also a critical step toward rebuilding abundance and restoring our oceans to health, which will benefit coastal communities for generations to come.

The day the announcement was made, Megan Leslie, former NDP member, tweeted the “announcement by the Minister of Fisheries and Oceans on new standards for marine protection: no oil and gas, no mining, no bottom trawling.” She said she was at a bit of a loss for words. The tweet ended with emoijs of applause, trophies, and celebration.

The government's achievements in marine environmental protection really do deserve to be celebrated and applauded. The government is committed to protecting the environment, and that is just what this motion and bill are meant to do.

Now that I have corrected certain inaccurate statements made during last week's debate, I would like to talk about this motion on the Senate amendment.

The message we received from the other place just over a week ago contains one duplicative amendment. If adopted, it would make the interim protection process more complex and costly than the process of designating a permanent marine protected area.

That would go against the purpose of the bill, which is to provide protection to our marine areas more quickly while ensuring that exhaustive consultations continue. However, the government is also listening. We understand the concerns of the honourable senators in the other place, and we agree that the provincial and territorial governments, as well as the communities that will be most affected by an interim or permanent order concerning a marine protected area, should always be consulted and be part of the process.

That is why we proposed an amendment to the Senate amendment that takes the concerns that have been raised into consideration. First, the amendment requires the minister, when making an interim protection order, to publish a report indicating the geographic location and any other relevant information, including social, cultural and economic information.

The amendment goes even further. As we have always said regarding the duplicative Senate amendment on consultations, since consultations are already explicitly required and covered by sections 29 to 33 of the Oceans Act, the minister would also be required to publish information on past consultations.

The government has listened, and we know we can move forward in the right way with this bill and the proposed amendment.

The purpose of this bill is simply to provide another tool to protect marine environments by creating a mechanism that will enable the minister to freeze the footprint of activities currently under way in an area until a definitive designation is revoked or until it receives a permanent marine protected area designation.

On average, it takes between seven and 10 years to establish a marine protected area. All this bill would do is temporarily protect an area until permanent designation can be obtained, which is something Canadians support. Considering the important aspects of marine environments that need protecting and the fact that it takes between seven and 10 years to establish a marine protected area, if we want to ensure long-term protection for an area, we need to adopt this bill. This common-sense measure establishes certain protection standards until such time as an area is designated.

I would add that this bill has been before both houses for nearly two years now. The House committee alone met nine times to discuss it and heard from 36 witnesses representing a broad range of important interest groups.

Earlier I talked about last month's announcement by the Minister of Fisheries, Oceans and the Canadian Coast Guard about new standards for marine protected areas and the support we have received on this issue not only here at home but around the world. Clearly, there is now tremendous support for protecting our oceans, so what are we waiting for? Let's adopt this bill and protect our oceans for our children and grandchildren.

I live near the coast, and we are already seeing major changes happening very fast. Over the past four or five years, the Gulf of St. Lawrence has warmed up faster than any other marine environment on the planet. We must act now to save species and the environment.

Oceans ActGovernment Orders

May 13th, 2019 / 6:05 p.m.


See context

Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Mr. Speaker, it is an honour to rise today on behalf of the fine people of Red Deer—Lacombe, in central Alberta, to talk again about this legislation, one which the Senate sent back to the House because it saw the same flaws in it that the opposition did.

The bill was passed at third reading by the Liberal majority government in an expeditious way as an attempt to fulfill its political objectives, without giving due consideration to the impacts the bill would have on the people of Canada, notwithstanding that it is about marine protected areas.

I do not think any reasonable Canadian would think that having marine protected areas is a bad idea. In fact, the previous Conservative government created many marine protected areas in fresh water and in our oceans. The current government has an ambitious plan to set aside 10% of our marine areas for protection by 2020.

The fisheries committee, of which I am a member, travelled across the country to talk to various stakeholders and groups about what that would actually look like. We heard loudly and clearly from aboriginal groups, particularly from those in coastal communities that rely on the ocean or the sea for their way of life, about their concern that marine protected areas would interfere with or infringe upon their lifestyles. The Inuit of the north want to have access to various estuaries for beluga harvesting or fishing. The coastal communities rely on shipping and marine traffic. The indigenous communities rely on salmon, halibut, clams and so on, not only for their personal use but also for the socio-economic interests that exist within their various bands.

In its wisdom, the Senate has basically found that Bill C-55 does not do a very good job of addressing the concerns of some of these communities. In fact, Senator Patterson, who is from the Nunavut territory, wanted to amend clause 5 of the bill to enhance consultation and co-operation measures. Even the government touts itself as one that wants to ensure the consultative process is done. However, the Senate, which is now dominated by members appointed by the Prime Minister, has sided with Senator Patterson, saying the bill needs to go back to have that clause reviewed.

Some people in my home province of Alberta may be asking why a guy from Alberta is so focused on fisheries, particularly on the west coast. They may wonder why a guy from central Alberta, who is also a farm boy, is always talking about fish and salmon. It just happens to be something I know a little bit about. I also understand that standing in between the economic prosperity of the people I represent in central Alberta and their future is the ability to ship energy products off Canada's Pacific coast.

Nobody back home in my riding actually believes that the current government has Alberta's best interests at heart. That is why traditionally, after the prime minister with the same last name as the current Prime Minister was elected, the Liberal brand, especially at the provincial level, is virtually a non-starter in Alberta. Why?

For people with a short memory or who have not learned their history very well, it is because people realized that brand and name just meant economic chaos. Whether through the National Energy Board program that was implemented some 40 years ago or the programs that are being implemented now, nobody back in Alberta believes that the marine protected area measures in Bill C-55 will not be used as a political sledgehammer to further restrict Alberta's ability to export its natural resource products off the coast, and this is why.

First and foremost, the current government, even though it tries to say otherwise, does not like fossil fuels. The Prime Minister has been very clear, through slips of the tongue, that the oil sands need to be phased out and stopped. He said as much. He said in response to questions about the carbon tax that the increasing cost of energy and the increasing cost of fuel for Canadians is what we want. When I say “we want”, I am using the Prime Minister's words. It is what the Prime Minister thinks Canadians actually want.

Right now we have a situation in British Columbia in which the Premier of British Columbia is basically threatening to block the expansion of the Trans Mountain pipeline, yet at the same time threatening to sue the Government of Alberta if it chooses to shut off the existing Trans Mountain pipeline's delivery of oil. We find ourselves in this really bizarre world here in Canada, where nobody actually believes that anybody in the Liberal Party or the NDP wants to allow any more pipelines built to our west coast.

We have the carbon tax. We have had the regulatory changes. We have had the outright cancelling of the northern gateway pipeline by Enbridge and the changing of the regulatory process for energy east. The very first thing that the Liberal government published in November 2015 was changes that it made to the consultation process on pipelines, further delaying the Trans Mountain expansion and energy east and killing outright the northern gateway pipeline.

Everybody in the sector calls Bill C-69 the no-more-pipelines bill. This legislation is designed specifically and purposely to ensure that no more oil pipelines will be built in Canada, thereby trapping Alberta, Saskatchewan or all of Canada's energy in the North American marketplace. We sell that crude oil at a discount in the North American marketplace. Then it gets refined and shipped back to us at full price, and Canadians have to pick up the tab.

We have seen the proposed tanker ban legislation, Bill C-48, on the west coast. Interestingly enough, the government, which claims to care so much about the marine environment, did not put a tanker ban on the east coast to forbid tankers from Venezuela, Saudi Arabia, Nigeria and elsewhere from bringing energy to the eastern shores of Canada, even though eastern Canadians would much prefer to buy oil that was taken from the ground here in Canada and refined here in Canada for the use of all Canadians and for the economic benefit of everybody.

It would not be a stretch in any way, shape or form to believe that the current sitting Minister of Fisheries, Oceans and the Canadian Coast Guard, or any version thereof that the Liberal government has had sitting in that seat, would use Bill C-55.

I have no reason as an Albertan to believe anything other than that marine protected areas will be specifically designated and set up in areas not based on science or not based on where the marine protected area could do the most good for the preservation of species or the preservation of unique habitat or ecosystems, but instead in specifically designated areas to block the kinds of industrial activity that the government does not favour, notwithstanding that there is a tanker ban already in place through Bill C-48.

People back home need to understand that in the creation of a national park, there is normally a long and arduous process. A consultative process takes place, as well as a gazetting process through the National Parks Act, usually in the form of a willing seller and willing buyer. When national parks are purchased or require land that is already privately held, going through that process would be a requirement. The annexation part did not work out too well for the previous prime minister of Liberal persuasion when he tried that in Atlantic Canada, so here we find ourselves using Crown land in the north, which is where most Crown land is. Anytime a new national park is created, it is created on Crown land, but oceans are owned by nobody. They are actually owned by Her Majesty the Queen. They are owned by the Crown in right of the people of Canada.

The minister, through Bill C-55 should it pass in its current form, will have the ability to designate a marine protected area wherever he or she sees fit. There is no legislative requirement at all for the minister to use best science. There is no legislative requirement at all for that process to be gazetted, not one.

This is the most powerful piece of legislation that I have seen that gives the minister the outright ability to take up to 10%—because the government is saying that is the target—of our oceans and close them down in full or part, however the minister sees fit. That means that he or she can designate a marine protected area that is completely closed from all activity, right from the sunlit zone at the top of the water, all the way through the pelagic zone to the littoral zone at the bottom, if there is enough sunlight there to create that, or even down into the benthos or the layer at the bottom of the ocean floor, and cease and desist all activity.

The minister could make any list of exemptions that he or she wants in order to accommodate whatever political agenda they have. They could deny fishing, trawling, tanker traffic or specific tanker traffic. They could simply say, just as Bill C-48 does, that ships will be allowed through as long as the ship does not contain products x, y or z. There is no ability in this legislation at all for any recourse whatsoever.

I would bet anybody with a crisp $10 bill who wants to take me up on it—maybe this is dangerous because I am not a gambler—that marine protected areas in the first tranche, once this legislation comes to pass, will be set up at the Dixon Entrance and the Hecate Strait, outside of Prince Rupert, to make darn sure that, if Bill C-48 fails, not a single tanker will be allowed out of that area—the Prince Rupert-Kitimat area—carrying any type of crude oil or any of its byproducts or any of its refined products.

Anybody who does not think that is going to happen is dreaming. We will have no justification or rationale printed in any Gazette for why the minister is choosing to do this, because they are not obligated to under the legislation. That is why the Senate has coughed this bill back up and sent it back to this place. I do not expect the government to actually take any of these amendments seriously. I expect we will probably get time allocation. I know that the government has already sent a note back to the Senate on this piece of legislation.

I actually do not expect the government to accept any of these recommendations. I do not expect the government to take any amendments on this legislation that would limit the heavy-handed unilateral ability of the minister to basically outline or delineate anywhere he or she sees fit to accomplish the Liberal political agenda. That is what I find most egregious and most frustrating with this piece of legislation.

The minister will have the ability, once Bill C-55 passes, to designate whether certain tanker traffic is allowed, or any products, or if any tanker traffic is allowed at all. The minister will be allowed to decide whether any commercial fishing would happen in that area. The minister would be allowed to determine whether any sport fishing or recreational fishing would be allowed to happen in that particular area, and set any terms and conditions for it. The minister already has that ability to regulate fisheries through the Fisheries Act, but this is something they are going to have the ability to do even further through the marine protected area legislation, which is what Bill C-55 is all about.

The government will also have the unilateral ability—and I am assuming this will get challenged almost immediately—to actually decide what the indigenous peoples of this country will be able to do in those marine protected areas. I do not expect the government to actually put too many restrictions on them, but it may. I would be curious to see how those actually stand up to a test.

It is very frustrating, because the talking points coming from the government will make it sound as though this is a great idea. Of course, Canadians, who think with their hearts—as many Canadians do, and it is okay to think with the heart from time time—are going to say that 10% of our marine area is going to be protected and that is fantastic. However, here is the rub. There is no actual scientific requirement or any requirement in the legislation at all that is going to require the minister of fisheries and oceans to follow any rules or obligations in the establishment of a marine protected area.

I will give an example of what happens on the terrestrial side of the equation. Years ago, when I was taking my zoology degree at the University of Alberta, the numbers floated and bandied around back then—and that was almost 30 years ago—were 12.5%, 75% and 12.5%, and I mentioned this in my earlier speech. It was that 12.5% of the terrestrial land mass should be set aside for complete preservation or in a national park-like structure, with very little use, very little activity.

This land is designated in a preservation classification type of area. Of course, that also needs to be representative of the various biozones that we have, in order to get the approval of the United Nations and all the other agencies that watch these things. It could not all be, for example, in the Arctic. We would have to represent things like grasslands, which is why we have the creation of Grasslands National Park, which is still ongoing. We would have to represent all of that area in order to protect a representative sample of all the various ecosystems and habitats in the country.

It was decided a long time ago that 75% of the land mass would be classified as common use, areas where conservation management practices actually come into play to manage the environmental considerations that we have. Another 12.5% was set aside as complete use, things that are paved over, under concrete, cities, roads, highways, industrial areas, things of that nature, where these kinds of human activities need to happen in order to benefit and improve the quality of life of all people, not only in Canada but around the world. It was 12.5%, 75% and 12.5%.

Now we see that shift on the terrestrial environment, moving forward, but here is the rub. Any time somebody wants to grow that 12.5% of the preserved land area, that person has to take that land from that particular area. We just saw how badly this backfired for Rachel Notley in Alberta, when she tried to take some of the land that is classified in the public land use zone, the 75% of conservation and well-managed land and terrestrial areas. To put that space in the preservation pot, a person has to take it from the 75%, which is everybody who lives and makes a living in small rural areas across our country. It is very seldom that anybody in an urban area has to pay a price or a consequence for the development of a preservation boundary inside his or her jurisdiction, very seldom.

The same thing is going to happen in these marine protected areas. It is not going to cost anything for people who do not venture out onto the ocean, because it is not going to impact their lives. However, all those who live in small, rural, coastal communities or make a living by going out onto the water will now have to contend with arbitrary delineations of marine protected areas and make sure they follow whatever rules and conditions the minister has made. The minister, according to this legislation, can make any rules he or she sees fit. It is limitless. It does not have to be gazetted and it does not need the approval of anybody, other than a ministerial order. It does not even need the approval of the Governor in Council. It does not even need the approval of his or her cabinet colleagues.

The minister can simply sign a ministerial order and declare an area as a marine protected area. That is unwieldy power, especially when we are talking about 10% of the surface area on down, right through the water column to the bottom of the sea, the ocean, the lake, the river or whatever it happens to be. That is under the care and control of just one decision-maker in this country. That is a lot of power. It is power that our friends in the Senate have said should be reconsidered, and that is why they sent this piece of legislation back here.

I truly hope that this House takes a serious look at this legislation. I know the government is running out of time in its legislative agenda, but I sure hope that common sense will prevail, that the right thing will be done and that these amendments from the Senate will be given due consideration and every opportunity to be re-examined and studied, and not only by this chamber. I would love to see this bill go back to the committee so it can look at some of the work the Senate committee did, so that we, as the elected representatives of the people of Canada, have a better understanding as to exactly what the impacts of the bill would be.

Oceans ActGovernment Orders

May 13th, 2019 / 6 p.m.


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Liberal

Vance Badawey Liberal Niagara Centre, ON

Mr. Speaker, that is a great point. Not only are we leaders internationally with respect to our responsibilities when it comes to the environment, our oceans and our great lakes, but we cannot do it alone. We have to be in this together. Our marine industry, being the obvious front-of-mind participant in action like this, has been very responsible. The Chamber of Marine Commerce and the companies it represents are equally important. Initiatives such as Green Marine and other initiatives have contributed to our overall ability to have these policies and bills, like Bill C-55, put in place here in the House and put into practice.

Oceans ActGovernment Orders

May 13th, 2019 / 5:35 p.m.


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Liberal

Vance Badawey Liberal Niagara Centre, ON

Mr. Speaker, I am honoured to be here today to speak to Bill C-55, an act to amend the Oceans Act and the Canada Petroleum Resources Act, and the amendments sent to us by the other place.

Our government is in fact committed to increasing the proportion of marine and coastal areas that are protected to 10% by the year 2020. Over the past four years, we have worked with a great deal of people to increase our protected areas from just 1% under the former Conservative government to over 8% under the Liberal government.

Indeed, it is under the government and the Prime Minister that this great nation is showing leadership on the issue of marine protection. We are well on our way to achieving our target with sound science and transparent decision-making, once again, working with those within these communities.

We are actively engaging with our partners in both provinces and territories and with indigenous groups, marine industries and all Canadians to increase protections and meet our targets while supporting a health oceans economy. An important part of meeting those targets is Bill C-55.

As many members already know, the bill seeks to provide a new authority for the Minister of Fisheries, Oceans and the Canadian Coast Guard to designate an area for interim protection. A decision to either permanently designate the interim area or to repeal the interim order must be made within five years. This mechanism allows for interim protection to areas that are currently under consideration for permanent designation, as the current process takes an average of between seven and 10 years and, currently, in the lead-up to a final designation, there is no mechanism to allow us to protect this area.

While we support the reasons behind the amendments made by the other place, we cannot support the message received as the amendment would add changes that are already required under the existing legislation and would make the interim process longer and more complex than the process for permanent designation.

That is why we have proposed an alternate amendment that captures the intent of the Senate's concerns, while also ensuring that the objective of Bill C-55, which is to provide faster protection, is in fact upheld.

I would also like to take this opportunity to thank the Senate for its work, especially the sponsor, Senator Bovey. While she represents the beautiful province of Manitoba, I know she spent some years on the west coast and has continued to be a strong advocate for the protection and conservation of all of our oceans.

I also want to thank the Minister of Fisheries, Oceans and the Canadian Coast Guard for his leadership on this file. I know he was in Montreal just last month to announce new standards for marine protected areas that would prohibit oil and gas exploration. This announcement was indeed supported not just by Canadians across Canada but around the world.

Canada is taking real action when it comes to protecting our marine environment, but more must and will be done by those not only within government, but our partners throughout our great nation.

That is why we are here today, debating the merits of Bill C-55, a bill that has been received and has been given countless hours of robust debate. Five amendments to the bill, proposed by Conservative, Green and independent members, were adopted by the House on April 25, 2018. The bill has received support in one form or another by all parties in this chamber.

An important principle that acts as the basis of the bill that I would like to speak to and about is the precautionary principle.

Bill C-55 would require the ministries of Fisheries and Oceans, the Canadian Coast Guard and the Governor in Council to apply the precautionary principle when deciding whether to designate new marine protected areas. This would facilitate the decisions to designate a marine protected area. The principle recognizes that the absence of full scientific certainty shall not be used as a reason for postponing decisions where there is a risk of serious or irreversible harm.

Indeed, if information such as the recent report by the United Nations on the collapse of biodiversity has told us anything, it is that we cannot wait to take action to protect our environment. While many of the members opposite want to sit in their seats and wait for more species to go extinct and for weather conditions to worsen because they have no plan for the environment or our marine areas, Canadians can be absolutely certain that the members sitting on this side are listening and responding accordingly.

We are listening and we are taking action because we know we cannot simply wait for our fish stocks to collapse before that is enough evidence to do something about it. We know there are options now, right at this moment, options that we can move forward with and therefore do the right thing to support a healthy marine environment and the communities that depend on those environments.

A good example of this, which has already been raised a few times but cannot be repeated enough, is the good work this government is doing with the Qikiqtani Inuit Association and the Government of Nunavut to explore the designation of a high Arctic basin for marine protection.

Last month, we announced the memorandum of understanding that outlines the commitment to co-operation that all three parties have signed onto in moving forward with this protection. Furthermore, budget 2019 outlines funds that will be available to support the development of a conservation economy in the High Arctic Basin, with support for critical marine infrastructure.

We know that Bill C-55 will facilitate this process by providing a mechanism that can be used to apply interim protection to the area until a final designation is in fact made. This is not only a good example of how government is taking action now, but is doing so the right way by engaging with the territorial government and respecting the Nunavut land claim agreement and working with rights holders, the QIA.

The members opposite want to say that this government is trying to take shortcuts with the bill, but I put the question for Canadians: Is a process that still takes an average of seven years, with the passage of this bill, to designate a permanent MPA taking a shortcut? Is debating the bill for almost two years in both chambers taking a shortcut? Is listening to the message received by the Senate and proposing an amendment that seeks to capture the intent of this change, while still respecting the objective of the bill, taking a shortcut?

I think that Canadians believe that the answer is no, no and no. I do not expect members opposite to agree with the government on this issue or with Canadians, because we know that those members have no plan for the environment. However, I want all Canadians to know that this Liberal government has taken leadership on this issue, and overall on the issue of the environment, and we will do whatever we can to get this bill passed and our marine areas protected.

As Canadians, we are all connected to our oceans, which are significant to our heritage, culture and economy, and are essential to all life on this great planet. In 2015, our government promised that 5% of Canada's marine and coastal areas would be protected by 2017, and we delivered. Over 8% of our oceans are now protected, which is up from less than 1% when we took office in 2015. Now our government is committed to reaching our international target of 10% by 2020, as I mentioned earlier. We will do this with sound science and transparent decision-making, working with our provinces and territories and communities that have a direct interest in the decision-making process.

One of the forms of protection is a marine protected area, MPA, under the Oceans Act, where unique species and their habitats are conserved and protected. We have examined how the Oceans Act could be updated to facilitate the designation process for MPAs without sacrificing science or the public's ability to provide their input, their thoughts and, most importantly, their interests in a process that considers the consequences of the decisions being made. The current process for a designated marine protected area is lengthy. These proposed amendments to the Oceans Act would shorten the time required to put protection in place, while ensuring that shortcuts are not taken when it comes to these consultations.

This legislation would, among other things, ensure that marine protection can in fact be done and completed in a timely manner by allowing the Minister of Fisheries and Oceans to designate provisional protections to an interim MPA while the steps for a permanent MPA are in fact followed. The interim MPA would freeze the footprint of current activities in sensitive areas that are being considered for Oceans Act MPA designation. It would also allow for ongoing activities, those that have taken place in the last year, to continue.

We will continue engaging with our partners in the provinces and territories and with indigenous groups, marine industries and all Canadians. I cannot emphasize enough how inclusive this process is and will continue to be, to ensure the protection and meet the targets we proposed back in 2015, which we are now continuing to work toward.

Our government made a commitment to increase the proportion of Canada's marine and coastal areas to 10% by 2020, and we are going to meet that commitment, which we started in 2015. This proposed legislation is part of our plan to reach these targets. The proposed amendments would shorten the time required to put protection in place and allow interim protection for sensitive marine areas. Currently, there is no protection until there is full protection.

The Senate amendment is duplicative and requires an additional consultation period beyond what is already required in legislation. If accepted, the Senate amendment would make the order process for interim protection more complex and lengthy than the process for designating an amendment or permanent MPA. This would go against the objective of this bill, which is underpinned by the precautionary approach and seeks to create a mechanism that will allow for faster interim protection to marine and coastal areas.

However, we understand the concerns. We understand the concerns made by some members of the Senate, and that is why we have proposed an amendment that captures the intent of the message received by the Senate. Our proposal will ensure that the geographical location and all other relevant information, as well as information on all consultations undertaken, are published when an order for interim protection is made.

I come from a Great Lakes region, Niagara, and of course, with that we have just recently announced plans to look at protection of the Great Lakes, and there are reasons for that. I look at it under a triple-bottom-line lens. That triple bottom line lens consists of, in order of priority, economy, environment and social issues—the effects and consequences of decisions made on our waterways, whether they be the Great Lakes or our oceans.

Some of the things I have learned throughout the past years in my former life as a mayor and now as an MP are the critical responsibilities that we have, how critical it is to work with our communities, how critical it is to work with our businesses and our residents in those areas, ensuring that economic, social and environmental considerations are taken before those decisions are made, and how important it is that their interests are placed at the forefront of those decisions.

This bill, Bill C-55, is no different with respect to the oceans and, of course, the areas that we have to preserve to ensure that future generations—not just five, 10 or 15 years down the road but 20, 30, 40 or 50 years down the road—are looked after when it comes to our environment and what is attached to our environment.

In closing, I would like to say this. Although we here in Parliament sit in four-year terms, it is important that the vision goes beyond those four years and looks at 20- to 50-year thoughts, priorities, responsibilities and, therefore, strategies. Bill C-55 does that. I look forward to Bill C-55 passing in this House. Therefore, the thoughts and, of course, responsibilities that we have for future generations will be taken as forthright, in front of mind, and the strategies attached to same will include the involvement and priorities of the people whom we are going to actually affect by this legislation, the communities and those along our waterfronts.

Oceans ActGovernment Orders

May 13th, 2019 / 5:05 p.m.


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NDP

Don Davies NDP Vancouver Kingsway, BC

Madam Speaker, I am very pleased and honoured to rise today and speak to Bill C-55, a very important bill and one of particular significance to me, coming from Vancouver, British Columbia, where the coastline, the oceans and the marine species are so absolutely critical to our economy, culture, people, indigenous nations and, frankly, to our way of life. This bill really speaks to the need to look at our marine areas in a different way, and to start to treasure them and protect them for future generations.

I am pleased to say that our party will support Bill C-55, albeit with some reservations, which I will outline in my remarks.

I want to start by saying that I am disappointed that the government has once again used time allocation. In other words, the government has cut off and limited debate on this bill. This is the 71st time in this Parliament that the Liberals have used time allocation, which is one of the most undemocratic tools that a government can use. It cuts off debate and hinders parliamentarians who, after all, have been sent here to express our positions on behalf of our constituents. It shows a disrespect for Parliament and all Canadians, who elect us to come here to represent them and to ensure that their voices are heard and reflected in the debates in this House.

I sat in the last Parliament when the Conservatives used closure 100 times, and I am starting to see very little difference between Liberals and Conservatives in terms of their fundamental disrespect for the democratic traditions of this chamber.

Interestingly, I heard the hon. parliamentary secretary to the government House leader refer to the budget and describe how one of the Conservatives, by speaking for 15 hours, denied other members the right to speak, yet he does so himself, having risen in this House to introduce a motion to cut off debate. That denies all sorts of members in this House the right to speak. Canadians should be aware of that fundamental disrespect of their rights and democracy.

In British Columbia, as in other areas of the country in the north and on the Atlantic coast, on our coasts, watersheds and oceans, the sea life, the pre-eminent species that reside on the coasts—the orcas and dolphins and of course the iconic salmon, as well as the sea lions and eagles and all other species—are of absolutely profound importance to our entire ecosystem, and when we say “ecosystem”, we are not just talking about ecology. It is part of our economy as well.

I know the Liberals are fond of saying that we have to balance the environment and the economy. Actually, I think we need to go farther than that: We need to recognize that the environment provides the fundamental capital that makes all economic activity possible. When we do not place protection of the environment and our ecosystem first and foremost, we actually threaten our economy. That is what the government has done, repeatedly, through its policies over the last four years.

We use our oceans and our marine areas for recreation. We use enjoy nature there, and they are fundamentally part of the cultural and historic fabric of our indigenous nations. As I have said, they are part of our fundamental economy.

In Vancouver and in British Columbia, tourism and fishing and these kinds of economic activities depend on having a pristine and well-protected environmental system in our marine areas. It is absolutely critical. That is why we need sustainable policies. We need to balance economic activities to make sure that generations forever can enjoy, in a sustainable way, all the bounty of our marine areas.

I do not need to point out that these marine areas are precious and delicate and require extreme care and balance. In fact, we are simply stewards for all future generations of these areas.

There is an irony in the Liberal government patting itself on the back for protecting marine areas at the same time that it has bought the Trans Mountain Kinder Morgan pipeline, which will carry raw bitumen and triple the number of tankers through the Burrard Inlet, right into the marine areas that the government is trying to protect. This will threaten the southern orca population, and if there is ever any kind of spill, it will create an ecological disaster of unimaginable proportion, because bitumen sinks and there is no way to clean it up. As for the Liberals pretending to care about our marine environment, it is impossible to square that idea with their approval of a pipeline that presents probably the most disastrous threat to our marine environment on the west coast that we have seen in some time.

I want to pause for a moment and mention a recent situation that is of great concern to my constituency and the tens of thousands of Filipinos who live in my riding: the hazardous waste that originated in Canada that has been sent over these marine areas to developing nations, in this case to the Philippines.

In 2013 and 2014, a private Canadian company shipped 103 containers to the Philippines. They were labelled as plastics for recycling, even though they also contained waste, such as soiled diapers. These containers have been rotting in a port in the Philippines for years. The Filipino government has been asking Canada to take back this trash, which has been rotting at the port in Manila. Environmentally concerned people in the Philippines were failed by two governments, the Conservatives and now the Liberals, at least until recently, and the Filipino-Canadian population in my riding desperately wants Canada to take back its garbage, quit using developing countries as a dumping ground for our trash over the marine areas and compensate the Government of the Philippines for all its costs in having to deal with this environmental offence over the last number of years.

I will turn to Bill C-55.

This bill would provide some new legal tools to speed up the creation of marine protected areas, MPAs, but it falls short of Canada's environmental and international commitments to protect our marine biodiversity. The bill fails to set a minimum protection standard and targets for zoning for marine protected areas, and while the government recently announced new standards for marine protected areas, we are concerned that omitting them from Bill C-55, from the legislation itself, and instead relegating them to regulations opens them up to easy reversal under a future government. This process would give the minister far too much latitude to decide what activities are permissible in an MPA. The government's new standards would not be enshrined in law and would therefore be easier to undo under a future minister.

As we have heard, Canada has pledged to the international community to protect 5% of Canada's marine areas by 2017 and 10% by 2020 with the aim to halt the destruction of habitats and ecosystems and to protect against the erosion that has gone on for decades under successive Conservative and Liberal governments. In fact, Liberal and Conservative governments have both failed to take meaningful action since signing the 1992 Convention on Biological Diversity. That is 25 years of a commitment that has really been ignored by successive Liberal and Conservative governments.

I think Canadians would be somewhat shocked to know that most marine protected areas today still allow extractive fishing activity, and one even allows for oil and gas exploration. Thankfully, the government recently announced that it would prohibit oil and gas activities, mining, dumping and bottom trawling in MPAs, and that is a good thing. However, it stopped short of creating so-called no-take areas, which have long been the recommendation of conservation groups.

I would also point out that Canada has yet to adopt the IUCN international marine protection standard, and 15 university scientists from St. John's to Victoria have written to the former minister of fisheries and oceans and the current Minister of Environment and Climate Change to ask for stiffer conservation measures in Canada's 12 marine conservation areas, as well as those being proposed in the future. Imagine if we allowed hunters into international parks to hunt. I think that would be absolutely shocking to most Canadians, and totally unacceptable. Why then would we allow it in marine protected areas? The very name implies a marine area that we are protecting. Would we not say that in this one area, there is to be no activity that would extract any marine species or life in that area?

Ninety per cent of Canada's marine areas are open to extractive fishing, so we are not talking about creating a huge burden on Canada's fishing industry. However, if we are going to protect an area for future generations, then we should protect it, and that means not allowing any kind of economic activity other than enjoyment and tourism and people coming to visit those areas and leaving a soft footprint when they are there.

The NDP moved a number of amendments to this legislation that we felt would have made the legislation stronger. We had five objectives. We wanted to enshrine minimum protection standards in the act. Unfortunately, that was rejected by the Liberal government. We wanted to maintain ecological integrity as the primary objective of an MPA. We wanted to enshrine co-governance with indigenous peoples as the governing principle of this act and establish the authority of indigenous guardians, who have such a long, millennial, actually, relationship with these areas under their stewardship. We wanted to require the establishment of significant no-take zones, as I just mentioned. Finally, we wanted to facilitate the implementation of networks of MPAs, which, of course, would facilitate the movement of species from one MPA to another.

Unfortunately, the Liberals were not interested in our amendments. They did pass some Green amendments and one from an independent member that touched on themes similar to ours. Unfortunately, those amendments were diluted versions of our own. We would certainly have been happier if we had received a robust adoption of the principles I just highlighted.

I want to point out some quotes from some environmental and marine experts in this country that show how important this legislation is. I want to quote from West Coast Environmental Law. Its representative said:

The law is currently very inconsistent. As you've heard and will probably continue to hear, people are astonished to learn that oil and gas exploration, undersea mining, and damaging fishing activities are all possible in the tiny fraction of the sea that we [currently] call marine protected areas. That's why an unprecedented 70,000 Canadians, members of the public, spoke out about one of the proposed new MPAs, Laurentian Channel, and said that we need to keep harmful activities out of these areas.

That is simply common sense. Again, I will give the government credit for announcing last week that its policy would be to prohibit those activities other than establishing no-take areas. That is a very important development. Again, I am curious as to why the government did not see fit to enshrine those standards in the legislation itself, where they would have been far more entrenched and more difficult for any future government to unwind.

We did see, in the previous government, that the Conservatives did massive damage to our navigable waters act and to ecological principles, not only on water but on land and in air as well.

I want to comment for a moment on how important it is that we are going to prohibit bottom trawling. I quote:

The scientific evidence clearly demonstrates that bottom trawling has significant damaging impacts to sea floor ecosystems, and that no-take fishing areas are a key component of effective MPAs. Research shows that MPAs that permit varying levels of fishing and other activities are less effective at achieving biodiversity than fully protected areas.

International best practices suggest MPA core no-take zones should encompass 75% of a given MPA. Canada is nowhere close to reaching that high bar....

Right now, the minister has the discretion to determine what activities are allowed in an MPA and how restrictive each zone in an MPA can be. So far, Canada's fisheries minister has implemented a no-take zone in only five MPAs [to date], and those areas are tiny when compared to the overall MPAs. Canada should follow international examples and make no-take zones the rule rather than the exception...[in] MPAs.

That was from our very excellent former fisheries critic, the member for Port Moody—Coquitlam, who has spent a lifetime in watershed development, river health and marine ecosystems.

I want to also take a moment to contrast this bill with the Canada National Parks Act. The Canada National Parks Act sets a high bar for maintaining ecological integrity in all national parks. However, marine protected areas lack the clear minimum protection standards that terrestrial parks benefit from.

The federal government recently announced that a national advisory panel would be established to provide the Ministry of Fisheries, Oceans and the Canadian Coast Guard with advice on minimum standards for future Oceans Act MPAs. This would still leave protection standards to the subjective judgment of the minister. Since fisheries ministers in the past have permitted seabed mining, oil and gas exploration and other industrial activities in MPAs, we do not have confidence in that discretion. Of course, that is based on empirical experience, not theoretical concerns. Therefore, the solution is to enshrine minimum protection standards in the legislation. The NDP would continue to urge the current government and future governments to take that very important step.

Our oceans are a critical part of our country. They are critical to our economy, our culture and our social relations. They are enjoyed by millions of Canadians from coast to coast. Therefore, in the same way we want to ensure that we continue to expand our protection for natural terrestrial parks, we need to do the same in marine areas. To do that, there can be no half measures. We should not be quibbling. We should be having world-class, cutting-edge, state-of-the-art, complete protection of marine biodiversity in all marine protected areas. Frankly, given that it is still such a small percentage of the vast oceans that many members in this House have already commented on, with Canada, I believe, having the largest coastline in the world, I think the case can strongly be made that in those few small areas we are protecting, we should protect them completely.

The New Democrats will be voting in support of this legislation, because it makes the designation of marine protected areas easier and faster, which is a good thing. We support the government's policy announcement last week that it will strengthen and tighten the kinds of damaging industrial and commercial activities that frankly gut the purpose of marine protected areas. However, we will be pushing the government in every positive way we can to make sure that this legislation responds in a more positive way to the concerns that have been raised, because it is not quite there yet.

I want to conclude my remarks by talking about the indigenous nations in Canada. In the New Democrats' view, reconciliation should be part of all legislation. Additional designations are welcome tools, but it does not make sense, in our view, to exclude the explicit recognition of indigenous rights in the Oceans Act. Given the implications of MPAs on indigenous constitutional rights, we believe this omission is irresponsible, and frankly, inconsistent with the current government's stated objective of pursuing reconciliation. The federal government's commitment to implementing the United Nations Declaration on the Rights of Indigenous Peoples and to working in a true nation-to-nation relationship with Canada's indigenous peoples is something we need to make a reality. Every time the government introduces legislation that does not make an explicit and strong reference to those indigenous rights, we see it as a missed opportunity and evidence that the government's commitment to reconciliation is more one of words than of action.

I will conclude with this. British Columbians are very proud of our west coast. New Democrats are very proud to be strong defenders of those coasts and all the species that live within them. That is why we are going to continue to fight hard against irresponsible pipeline decisions that threaten our coast. We are going to fight for strong environmental protections for all marine areas, for the expansion of those areas and for 100% protection of those marine protected areas so that all species, from the orca to the salmon to the human, who enjoy those areas can continue to enjoy them for millennia to come.

Oceans ActGovernment Orders

May 13th, 2019 / 4:05 p.m.


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Conservative

Robert Sopuck Conservative Dauphin—Swan River—Neepawa, MB

Madam Speaker, in response to my colleague's question, climate is what people expect and weather is what they get. That is the simple definition.

What is a marine protected area? Obviously it is an area that is considered important and in need of some kind of protection. Unfortunately, the devil is in the details. Marine protected areas are actually quite difficult to do. They are three-dimensional columns of water, where a lot of things are going on inside that column of water. By comparison, terrestrial conservation areas are much easier to deal with.

I would like to comment on what my friend from Cypress Hills—Grasslands said a minute ago. He talked about stewardship. When it comes to environmental conservation, local people on the ground, conducting stewardship activities and using the knowledge they have learned over generations, is by far the better way than the top-down environmental regulation that the government prefers.

What are some of the problems with marine protected areas? For example, what are they actually going to accomplish? My colleague across the way talked about an area off Victoria, Race Rocks. It was designated some 20 years ago as an important area, yet it is still in place now and the discussions are ongoing. For 20 years, the area had been de facto protected.

The other issue with marine protected areas is this. What are the terms and conditions of setting aside one of these areas? Let us just say the benthic invertebrates, like the glass sponge reefs off Haida Gwaii, are going to be protected. I think that is a worthy goal, given that some types of fishing activities can affect the benthic environment. Would ships passing over top of this area have any effect on the primary reason for the MPA?

For the Minister of Environment and Climate Change and the Minister of Transport and regional economic development ministers, it is going to be critical for them to look at the terms and conditions of an MPA. Most people think it is an area that is set aside where there is no activity at all. The point is that, if an MPA has an important benthic environment, for example, that happens to be on a shipping lane, bottom crawling can be restricted to protect the benthic environment while shipping is still allowed. Again, it is a balancing act that I think needs to be done.

This is not a partisan issue at all, but the terms and conditions are very important. Again, in terms of marine protected areas, as was mentioned by the shadow minister for fisheries, many of the fish species are migratory, and they go in and out of these marine protected areas. When one looks at the two great fishery tragedies off the east coast in the last little while—the Atlantic cod and the Atlantic salmon—right now, it is hard to see what a marine protected area would have done for these highly mobile species.

There are places where aquatic protected areas actually make sense, but they have to be very well delineated and with the proper terms and conditions. I will use an example that I am familiar with from back home, and that is lake trout spawning reefs. Lake trout spawn in the fall, and they are very vulnerable to overfishing at that time, because they concentrate on specific reefs. It makes a lot of sense—and the Manitoba government has done this in many areas—to put these lake trout spawning reefs off-limits to fishing, even catch-and-release fishing, during the sensitive time when the lake trout are using these reefs.

Again, the devil is in the details, and it is far too easy to call an area “protected” when that protection does not really do a lot.

I sat on the fisheries committee when Bill C-55 was being discussed. A lot of the reaction from communities was quite negative. A lot dealt with consultation, and a lot dealt with the effect on the local economy. Leonard LeBlanc, managing director of Gulf Nova Scotia Fleet Planning Board said:

The process DFO used to approach harvester associations and consult on the areas of interest for designation was unorganized and totally not transparent....[T]his consultation process on the area of interest for MPA designation in the Cape Breton Trough perpetuated the lack of trust between industry and DFO. The lack of inclusion and answers during the consultation phase, the lack of real scientific evidence for reasoning behind the area of interest, and the lack of guarantees that traditional fisheries could continue all led to further distrust of DFO's consultation....

Mr. Ian MacPherson, executive director of the Prince Edward Island Fishermen's Association, said:

[We] have concerns surrounding the tight timelines to accomplish these goals.... The displacement of fishers from one community to another as a result of an MPA would shift the economics of the island.

Christina Burridge, executive director of the BC Seafood Alliance, said:

On the west coast, we're not seeing a lot of evidence-based decision-making. It's beginning to look like political decision-making.

She continued:

Closing large areas to fishing off the west coast does little for biodiversity, little for conservation, little for the men and women up and down the coast who work in our sector and who...deserve access to local, sustainable...food.

My colleague, the shadow minister for fisheries, quoted Mr. Sean Cox, a professor of fisheries from Simon Fraser University, who said:

Looking at some of the previous testimony, there was a claim that there was overwhelming scientific proof that MPAs are beneficial and widely successful. I think that was misrepresentation of the actual science.

Therefore, the Liberals' rationale for the MPAs, which is that they have done enough consultation and there is a scientific basis to them, is clearly shown to be bogus.

As I said in one of my questions earlier, I have a very strange environmental philosophy, which is this. Every environmental policy and environmental decision that government makes and every single dollar that is spent on the environment or fisheries by a government should generate a clear and measurable environmental result. So far, the track record of the current government is poor.

I also want to talk about some of my time on the fisheries committee dealing with the Atlantic salmon. As I mentioned earlier, I have the report here. The fisheries committee is different from a lot of other committees in that we operate on a very collegial basis and try very hard to have unanimous reports, which I think is still the case. We on the fisheries committee are treated to some excellent science witnesses, and there is robust debate about the data and evidence that is presented, yet it is always respectful. We produced a report in January 2017 entitled “Wild Atlantic Salmon in Eastern Canada”. Under the current government's watch, the populations of Atlantic salmon have plummeted for a whole bunch of reasons: the very high seal populations; the very high predation rates; the predation rates by striped bass on Atlantic salmon smolts; the overfishing by Greenland of our multi-sea-winter fish; and the issue of the smallmouth bass in Miramichi Lake, to look at one specific water body there.

We produced a report with 17 recommendations. They were very specific recommendations. In one, in particular, we recommended a target the government should have of restoring the Atlantic salmon populations to 1975 levels, with measurable results reported on a regular basis. We talked about engaging with Greenland. We talked about increasing the seal harvest to help the salmon out. There were other recommendations as well. These have all been ignored.

The letter the minister sent in response to this report was a disgrace. The words “restore” and “rehabilitate” did not occur in that letter at all. It was a fluff piece that talked about consultation and so on, in spite of the fact that our Atlantic salmon report had very specific, broadly based and widely supported recommendations. As I said in some of my earlier comments, the current government prefers show over substance.

On the west coast, things are not much better. I have an article here from the CBC, dated December 2018, just a few months ago. It states that more than a dozen B.C. chinook salmon populations are in decline and only one population in the southern group is doing well. The article reports that there is one population that is down to 200 fish. All of this is on the current government's watch. It is doing nothing to deal with some of the crises occurring with our fish stocks right now.

I will go back to my point about generating real and measurable environmental results. When we were in government, we had the recreational fisheries conservation partnership program. Over the life of the program, while we were in government, some 800 projects were funded. Indeed, in one year, for example, the first year, 380 partners undertook 94 habitat restoration projects; 1,700 volunteers donated their time; 2.4 million square metres of habitat were restored; and 200 linear kilometres of recreational fisheries habit were enhanced. These were real and measurable environmental results.

In fact, it was unanimous at the fisheries committee that the Liberal government continue funding the recreational fisheries conservation partnerships program, which delivered real and measurable environmental results. Guess what. It killed the program and the hopes and dreams of many small communities that depend on fisheries.

One of the projects that I am very proud of, which was funded by the recreational fisheries conservation partnerships program, was in a nearby constituency to mine, the constituency of the member for Brandon—Souris, Pelican Lake. Why am I mentioning this? The reason is that this was a project funded by the recreational fisheries conservation partnerships program. In this particular lake, people used to winter kill. This community is partly based on tourism. Sport fishing is very important. With a very small grant from the recreational fisheries conservation partnerships program, aerators were installed on Pelican Lake, and now the fish population has been conserved in that particular lake. People do not winter kill anymore and the economy is booming because of it. Again, it is a real and measurable fisheries result from a program, something that the government simply does not do. It does not deliver results, and it does not measure results.

In terms of the effect on local communities, the government talks a good line on conserving marine mammals, but recently it implemented new whale-watching regulations. I happened to be in Churchill last summer. If any members have had the pleasure of going to Churchill, and I know some of them have, it is an unbelievable experience. I was there in July, and at that particular time of year, thousands of beluga whales crowd into the estuary. The new whale-watching regulations have minimum distances and the animals cannot be approached. It is clearly ridiculous for Churchill, because the minute people launch their boats from the shore, the whales come up to them and they are now technically doing something illegal.

DFO's concern should be the sustainability of populations. The population estimate of beluga whales on the west coast of Hudson Bay is around 55,000, and it is slowly increasing. That trend continues. This is a population of beluga whales that is thriving, yet for no conservation reason at all, DFO is imposing these whale-watching regulations on a tourism-dependent community, on an activity that generates millions of dollars per year. Again, the government's unthinking approach to fisheries and environmental policy is hurting communities.

In his comments earlier, the minister spoke about the Fisheries Act. I was on the fisheries committee when the Fisheries Act was changed in 2012. The Fisheries Act was written in 1898 and was in desperate need of modernization. The definition of what was designated as fish habitat kept expanding, so that puddles in farmers' fields, drainage ditches and so on were now considered fish habitat.

In 2009, for example, the Auditor General did an audit of the original Fisheries Act, after the act had been in place since 1898. The Auditor General found this:

Fisheries and Oceans Canada and Environment Canada cannot demonstrate that fish habitat is being adequately protected as the Fisheries Act requires. In the 23 years since the Habitat Policy was adopted [in 1986], many parts of the Policy have been implemented only partially by Fisheries and Oceans Canada or not at all. The Department does not measure habitat loss or gain. It has limited information on the state of fish habitat across Canada—that is, on fish stocks, the amount and quality of fish habitat, contaminants in fish, and overall water quality. Fisheries and Oceans Canada still cannot determine the extent to which it is progressing toward the Policy’s long-term objective of a net gain in fish habitat.

The Fisheries Act was so broad that it was ineffective, so our changes made a lot of sense.

For example, in the Prairies, there was an issue in the early 2000s when DFO went hog-wild trying to enforce this unwieldy and unnecessary act. It sent around what we called the “fish cops”, which really riled up rural communities and delivered no significant environmental results.

I was very impressed by the testimony of a Mr. Ron Bonnett, who was president at the time of the Canadian Federation of Agriculture. He said:

The experience that many farmers had with the Fisheries Act, unfortunately, was not a positive one. It was characterized by lengthy bureaucratic applications for permitting and authorizations, and a focus on enforcement and compliance measures taken by officials.... Many farmers were then relieved when the changes that were made just a few years ago [by the Conservative government] drastically improved the timeliness and cost of conducting regular maintenance and improvement activities to their farms as well as lifting the threat of being deemed out of compliance.

Mr. Bonnett went on to point out:

There are also many accounts of inconsistency in enforcement, monitoring, and compliance across Canada with different empowered organizations, which led to a confusion and indiscriminate approaches to enforcement and implementation. Even at the individual level, there were different interpretations of the act based on one's familiarity with agriculture.

He continued:

It is CFA's position that a complete revert to reinstate all provisions of the Fisheries Act as they were would be unproductive, would re-establish the same problems for farmers, and would provide little improvement in outcome for the protection and improvement of fish habitat. Human-made water bodies such as drainage ditches simply should not be treated as fish habitat.

He also noted, “The current streamlined approach is working far better for all and efforts should continue this approach.”

Then he made this incredible statement, which backs up what I was saying earlier:

Overall, any changes to the current Fisheries Act [2012] should be considered as to how they will support outcomes-based conservation rather than a process-oriented approach.

I note that on his own farm, Mr. Bonnett is legendary for his conservation work in keeping cattle out of streams and working very well with the conservation community to enhance and protect all kinds of habitats.

In terms of the Senate amendments, I do support them. It is very important that we get this right. The Senate amendments are very clear that what an MPA is needs to be clearly specified and flexibility allowed. If an area is just closed off to everybody without any thought as to what the goals and objectives are, it would hurt coastal and rural communities.

Obviously, this legislation will pass, as the government has a majority. As I said early in my speech, it is very important that the needs of local communities be taken into account. For example, off the coast of Newfoundland there is a significant food fishery for cod. It is a very important activity there, one that I would like to participate in one of these years. What if the issue in that area is the protection of the benthic environment? Obviously, a food fishery for cod should not affect the benthic environment. Therefore, commercial fishing technologies that have the potential to harm the benthic environment could be dealt with, while at the same time ensuring local community benefits.

Also, I will go back to the notion of stewardship, which my friend from Cypress Hills—Grasslands talked about. I have the honour of representing a large rural community with agriculture, trapping, hunting, fishing, forestry and some oil and gas development. The environment in my particular constituency is one of extremely high quality, and that is because of the conservation efforts by people who are on the ground, who have years and years of experience and know what they are talking about. They will deliver environmental conservation on time and under budget in a way that benefits the environment for all of us.

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May 13th, 2019 / 3:55 p.m.


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Liberal

Chris Bittle Liberal St. Catharines, ON

Madam Speaker, I am honoured to be speaking to the motion concerning the Senate amendments to Bill C-55, an act to amend the Oceans Act and the Canada Petroleum Resources Act.

As many members know, the bill was introduced in June 2017. It is almost two years later, and I believe it is time to pass the bill so we can better protect fragile marine environments.

Earlier today, many members opposite showed their opposition to passing the bill as soon as possible, despite our having had nine days of debate in the House, nine committee meetings at the House fisheries committee and eight meetings at the Senate fisheries committee. Indeed, in the time it has taken for us to get to this stage of the legislative process, we could have already designated interim protections to some of the most sensitive marine ecosystems in our oceans. Instead, despite the importance of protecting our environment and the support from Canadians from coast to coast to coast, we are being forced to defend the merits of a bill that would simply provide a tool for the government to provide interim protection to marine areas. Again, this measure has been before us for almost two years.

The motion today provided by the Minister of Fisheries, Oceans and the Canadian Coast Guard not only is a common sense approach but shows this government's commitment to working with the hon. members of the other place. Indeed, the Senate's message received just over a week ago by the House adds an amendment that would require, before an order for interim protection is made, that the approximate geographical location and a preliminary assessment of what needs protection be published. A further amendment by Senator Patterson would require that a secondary consultation process of at least 60 days be undertaken before an order is made, and that any comments or questions be responded to within 30 days.

At first blush, these changes seem reasonable. They are, for the most part. That is why they are more or less already required under existing legislation and the Oceans Act as it is written today. In fact, sections 29-33 outline explicitly the requirements for consultations. The act says in section 33, under “Oceans Management Strategy”:

33(1) In exercising the powers and performing the duties and functions assigned to the Minister by this Act, the Minister

(a) shall cooperate with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments and with affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements;

(b) may enter into agreements with any person or body or with another minister, board or agency of the Government of Canada;

(c) shall gather, compile, analyse, coordinate and disseminate information

Furthermore, information such as the geographical location and all other relevant information is readily available regarding areas of interest, which is the first step in the permanent MPA designation process. That means we already have in place a process that provides the information that the Senate amendment is seeking. Let me give members an example.

Race Rocks is an area of interest over which the government is currently consulting with stakeholders, the community and indigenous groups to establish an MPA. While it has yet to be designated, people can go online today to see the proposed geographical location. It is located 17 kilometres southwest of Victoria, British Columbia, in the Strait of Juan de Fuca, and consists of nine islets. The area of interest, or AOI, is approximately two square kilometres. There is also a link to a 2011 report that includes an ecosystem overview and assessment.

Again, this is an example of how the government is already open and transparent, as required by the Cabinet Directive on Regulation, and shows how the amendment from the Senate is duplicative.

There is another interesting piece of information on Race Rocks, listed under the heading “Key Objectives and Approach”. It says, “On September 1, 1998, the Race Rocks AOI was announced by the Minister of Fisheries and Oceans Canada. The objective for the proposed Race Rocks Marine Protected Area, MPA, is to conserve and protect the biodiversity and ecosystem function of the area.”

The announcement for the AOI was made in 1998. That is over 20 years ago. It seems shocking that while we have heard it takes on average between seven and 10 years for an MPA to be established, this area was announced as being ecologically significant over 20 years ago, but in the past two decades has had no interim protection because the mechanism does not exist.

That is why we are debating Bill C-55 today. It would create the mechanisms. It would allow us to protect areas on an interim basis until the decision is made for permanent designation.

Let me emphasize that this is not a shortcut. On average, it takes seven to 10 years to designate an MPA. On average, it takes two years to establish an AOI. If a designation for permanent protection must be made within five years of an interim protection area being designated, that brings the time down from seven to 10 years to seven years. The process for designation continues to be rigorous and robust.

I would also like to speak to the part of the Senate amendment made by Senator Patterson regarding another consultation period. To be clear, consultations are the cornerstone of the MPA development process, and even after an order for interim protection was made, comprehensive consultations would continue.

Senator Patterson's amendment would create secondary consultation processes that would require an additional 90 days before an interim order could be made. This added period would go against the very objective of the bill, which is to apply the precautionary principle and provide protection faster to areas we already know are ecologically significant while the consultations continued on a path to permanent designation.

For these reasons, the government has suggested an amendment that accepts the intent of the amendment from the other place while still respecting the objectives and purposes of the bill. Our government is thankful for the robust debate that has occurred in the other chamber, and we are happy to support this proposed amendment that would not have been developed if not received through the message from the other place and the concerns raised from their regions.

I believe it is time to move forward on this legislation.

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May 13th, 2019 / 3:40 p.m.


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Liberal

Churence Rogers Liberal Bonavista—Burin—Trinity, NL

Madam Speaker, I would like to inform you that I will be splitting my time with the member for St. Catharines.

Today we are talking about Bill C-55, a bill that would amend the Oceans Act and the Canada Petroleum Resources Act.

Bill C-55 is an important element of our marine conservation agenda. While the proposed amendments provide another tool for us to meet our international commitment to increase the protection of Canada's marine and coastal areas to 10% by 2020, our government's objective, first and foremost, is to protect sensitive and important marine and coastal areas for the benefit of present and future generations of Canadians.

Decades of experience in establishing marine protected areas has shown us that too many delays occur during the establishment process. Through this experience, we have learned there are circumstances where greater harm to sensitive marine areas can occur during the time it takes to establish a marine protected area, sometimes up to 10 years.

The interim protections proposed under Bill C-55 address this gap in conserving our marine biodiversity and will give us the option to establish interim protection where initial science and consultation tells us we need to afford the area extra precaution.

While I thank the other place for the attention paid to the bill, the new amendments would negatively impact the government's ability to apply the precautionary principle and could put sensitive and important ecosystems at risk.

While we are rejecting the amendment from the other place, we are proposing to replace it with an amendment that would capture the intent of the changes sought by members of the other place. Indeed, we understand the concern that was shared by various senators regarding the consultations and ensuring the communities would not be negatively impacted by interim protection orders. We agree that consultations are important. In fact, they are the cornerstone of the development of marine protected areas.

That is why we are proposing an amendment that would require the geographical location, relevant information, as well as consultations that were undertaken, to be published when an order for interim protection is made. This proposed amendment will ensure that communities get the information they need and that we undertake the comprehensive consultations that are outlined in existing legislation in the designation of interim protection. It will allow us to continue to apply the precautionary approach, which underpins the objectives of this bill.

Most of the discussions held during the Senate review of Bill C-55 focused on transparency and consultations. I would like to provide an example of how the Government of Canada is demonstrating its commitment to work with many of its valued partners in an open and collaborative manner.

This government has been working steadily to build a partnership with the Government of Nunavut and the Qikiqtani Inuit Association to advance protection of Canada's High Arctic marine environment. As well, we have been engaging directly with northern communities and conducting scientific studies to better understand this ecosystem and its linkages to food security for indigenous peoples.

This area is of particular ecological importance as it maintains a relatively constant cover of old, thick and multi-year pack ice. As the ice melts in the rest of the Arctic, this area is expected to retain its multi-year pack ice further into the future and may therefore provide a last refuge for ice-dependent species, such as polar bears, beluga whales, narwhals and seals. Sea ice also provides habitat for the algae that forms a vital part of the Arctic food web. This area is also home to the last remaining ice shelves in North America.

This ongoing collaboration has led to a memorandum of understanding with the Government of Nunavut and the Qikiqtani Inuit Association, committing us to assess the feasibility and desirability of protecting the High Arctic Basin. This work will consider the social, cultural, environmental and economic benefits and impacts of establishing a conservation area in this region.

This conservation effort supports the development of a conservation economy in the Arctic and our budget 2019 affirms this commitment to protect the High Arctic Basin with our partners.

The ability to provide early interim protection to the High Arctic Basin depends on royal assent of Bill C-55 in a manner that does not contradict the fundamental spirit and intent of the bill; that is to take action quickly to protect ecologically sensitive and important marine areas following initial science and consultation.

In a recent letter, the Qikiqtani Inuit Association, which represents over 15,000 Inuit, expressed serious concerns about the amendments provided by the other place. In the letter, the president, PJ Akeeagok, states:

We are concerned that this proposed amendment risks undermining the actualization of Inuit rights by conflating the requirement to uphold the rights of Inuit with a broader engagement with the interests of stakeholders. The current version of Bill C-55, sets out the appropriate hierarchy. Interim measures allow parties the opportunity to commit to determining the final details required to establish protected areas. This important step is key to successfully ensuring all parties interests are taken into account prior to final establishment.

QIA further submits that striking a broader consultation after an interim order is appropriate and effective to assess whether formal designation of part or all of the area under an interim order should be recommended to be designated as a permanent MPA by regulation.

The Government of Canada respects the rights of indigenous peoples and we are committed to consulting, collaborating and partnering with the very governments and groups that are essential to interim protection and longer-term protection.

With the support of our Inuit and northern partners, we intend to establish an interim marine protected area for the High Arctic Basin. Following this step, Fisheries and Oceans Canada and Parks Canada agencies will continue to work with the Government of Nunavut and the Qikiqtani Inuit Association and others to continue important scientific work and explore the best ways of collaboratively protecting and managing this area through permanent protection measures.

On April 25, at the Nature Champions Summit in Montreal, the government announced new protection standards for marine protected areas. While these standards apply to future federal marine protected areas that are permanent and not to interim protection, the government's commitment to high protection standards was applauded in Canada and by the international community.

Marine conservation has always been, and will always be, an all-in effort. To date, we have protected 8.27% of our ocean estate. We did not get there alone. This tremendous achievement is the result of many protected areas established by provinces, territories and the federal government. It also includes the contribution of other conservation measures, like marine refuges, which have been developed in collaboration with many parties, most notably fisheries groups.

Reaching our target has been a high priority for this government and we are committed to achieving it together with our partners. We can no longer take our rich endowment of marine biodiversity for granted. We have been drawing economic benefit from our oceans for generations, but we need to invest in protecting our oceans to ensure the ecosystem services they provide can be maintained into the future.

Healthy marine ecosystems provide a range of vital benefits. They support climate regulation, provide nutritious food and support seafood industries and many other economic sectors and provide habitat needed to support species abundance.

Bill C-55 has been reviewed by Parliament for nearly two years. With interim protection, we will be able to act quickly and collaboratively to protect our oceans from coast to coast to coast. Bill C-55 is based on a vision to protect our oceans for future generations, and its success depends on partnerships. We must act today and pass the bill as the House intended.

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May 13th, 2019 / 3:35 p.m.


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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, it is all the pomp and circumstance. It is to put one's hand on one's heart and pledge all this and that. However, the reality is that there is no delivery. Nobody will be able to ask how all that pomp and circumstance worked out.

Again, members do not have to believe me. I will go to another comment in committee by Sean Cox, professor at Simon Fraser University. He said:

MPAs aren't likely to be effective scientific tools, either. They're not easily replicated. When you put in an MPA, it's subject to a high degree of what we call “location and time” effects. You can't just create a nice experiment where you have three of the same type of MPA in one place and then three control areas in another place. You just can't do that. They're wide open to outside perturbations, environmental changes that are not within our control.

Another witness said, “If you want to build on a process of trust and goodwill, you don't then ignore what your stakeholders say and consult on only a minority of the protected areas that were being recommended.”

Fish do not follow boundaries; they are fluid and so are the conditions on what impact fish.

Even the academics are coming out against what the federal government and the minister is doing with Bill C-55.

All we are asking is to put in protections for thorough consultation. Regardless of what the mandate is, it needs to be added to clause 5. We are asking that clause 5 to be amended to include thorough consultations, including what the proposed legislation would protect, where it would be designated and all the areas of consultation that led up to that interim marine protected area being levied.

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May 13th, 2019 / 3:35 p.m.


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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, that is a little rich coming from a group that unveiled its plan two weeks into the 2015 election.

Canadians do not need to believe me. Let us put it in the voice of fishers. Fishers and first nations in those coastal communities are really the ones that matter. Here is a quote:

Canada should be a leader in listening to its people and taking the time to listen and spend the money to do the proper science before coming to a huge decision, such as establishing SBAs and MPAs supposedly based on science. These decisions will take time, but they should be Canadian decisions based on Canadian timelines, not offhand commitments made to international arenas void of any voices of those who will be impacted most and who are most informed on the decision.

That was from Jordan Nickerson, a fish harvester.

I said this earlier in my comments, that Bill C-55 is really a vehicle or mechanism for the Liberals to be able to make their international targets, which they announced on the world stage. Canada has the largest geographical coastline, and to reach these targets, it is the west coast and the northern coast that are going to suffer the most, or be most impacted by what the government doing. Without proper engagement, it will be to the detriment of those coastal communities and those fishing groups that depend so critically on those waterways, those areas.

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May 13th, 2019 / 3:35 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, it is interesting that in a good part of the member's comments, he talked about why we are in this process of time allocation.

I want to just remind the member that Bill C-55 was introduced back in June 2017. There were five days total spent at second reading, three days total spent at third reading, nine total House committee meetings, and eight total Senate committee meetings. In the fisheries committee, five amendments to the bill were proposed by Conservative, Green and independent members. They were adopted by the House on April 25, 2018. The House committee heard from a total of 36 witnesses representing a variety of groups, including industry, indigenous groups and academics.

I am sure my colleague would recognize that for the Conservative Party agenda, it seems that Conservatives do whatever they can to stop legislation, whether it is good legislation or bad. It does not really matter. All the Conservatives want to do is play an obstructive role by not allowing legislation. As the government House leadersaid, it is because the Conservatives really do not have a plan. That is demonstrated by the so-called phantom plan on the environment. We have been waiting for it for well over a year. It is nowhere to be seen.

I am wondering if my friend would agree that the opposition party's role is more than to just criticize. It should also be bringing forward ideas, thoughts and plans.

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May 13th, 2019 / 3:30 p.m.


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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, we heard testimony, from organizations and groups, that under the Liberal government, the people who have the seat at the table are not the stakeholders in the communities. Indeed, it is environmental groups that have the stakeholders. They even said at one point that at least with the Conservatives, they knew they could get in to actually have a conversation with the minister, and here they actually have to go through different groups to get to a minister or a parliamentary secretary.

They even said that the marine protected areas and the process Bill C-55 followed has shaken the fishing industry, has shaken coastal communities and has shaken confidence in the Liberal government.

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May 13th, 2019 / 3:30 p.m.


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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, yes, I have read the legislation in its entirety, and I will offer that there were also protections in the Oceans Act. It may be mandated in Bill C-55 or in the Oceans Act, but the reality is that the Liberals are not following that. From coast to coast to coast, time and again organizations, first nations included, have said that they are not being consulted or engaged.

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May 13th, 2019 / 3:20 p.m.


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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, I will provide a refresher on this important debate for our colleagues and Canadians from coast to coast to coast who are tuning in, as I had to share my time with question period.

Prior to going into my debate, I shared with Canadians and those in this House that this is the 71st time closure and time allocation have been levied by a government led by a Prime Minister who, when he was campaigning, on day 15, the then member for Papineau said that under his government he would let the debate reign and would not resort to such parliamentary tricks as time allocation. However, that is where we are today. We have time allocation and closure forced on this important debate.

I also said that as parliamentarians and leaders in our country, when we are talking about consultation, perhaps what Canadians are looking for on an important piece of legislation such as Bill C-55 is engagement. I talked about the use of “consultation” and “engagement“ as if they were interchangeable. They are not. Consultation would be me telling someone I have an idea and asking what that person thought. That person would tell me whether that idea was good or bad. I would thank that person and be on my way. There would be no onus on me to come back to that person or for that person to take my suggestion. Engagement would be me saying that there is a problem, asking to sit down with a someone to fix the problem and asking that person what ideas he or she has.

When we are talking about bills such as Bill C-55, the feedback we heard from fishers, first nations, scientists and even environmental groups on Bill C-55 and the marine protected area process was that there was no consultation. They were not asked what they thought about the idea. There was no engagement. It is the lack of engagement we have seen time and again from the current government, so much so that there are protests at the minister's office. Therefore, when the Liberals talk about how this is good for Canadians and that they have consulted broadly, they really have not.

I will offer this. Bill C-55 is more about a vehicle that would afford the current government the ability to reach its international Aichi targets, which state that 5% of marine coastal areas would be protected by 2017 and 10% of marine coastal areas would be protected by 2020. As a matter of fact, the biodiversity goals and targets for Canada for 2020 state:

17 percent of terrestrial areas and inland water, and 10 percent of coastal and marine areas, are conserved through networks of protected areas and other effective area-based conservation measures.

I will now go to a comment from a gentleman from Simon Fraser University. He said:

Looking at some of the previous testimony, there was a claim that there was overwhelming scientific proof that MPAs are beneficial and widely successful. I think that was misrepresentation of the actual science.

He also stated that some of the studies cited found that they are not broadly successful. He continued:

Just enforcing MPAs would be hugely expensive. Again, if you're looking at it from a fisheries management point of view, it's far more cost effective to do other things that don't cost that much.

I bring this up because Bill C-55 evokes a lot of questions, one being that under proposed subsection 35(2), certain activities, such as fisheries and fishing, may be prohibited, yet activities by foreign entities and other companies and countries will not be.

The groups that came before us at committee said that they all want to be part of the process. They asked that the minister and the department meet with those stakeholder communities and engage to develop a plan in concert with those communities that would be impacted.

The Senate amendments were fairly thorough. They did not tie the government or any future government to doing anything but thorough engagement with communities that could be impacted by the interim marine protected areas.

I will offer again that Bill C-55 is about creating an order in council that the Minister of Environment and the Minister of Fisheries and Oceans could immediately designate an area an interim marine protected area for up to five years while the study was going on.

Using the precautionary principle was also mentioned. In the absence of science, that cannot be used as an excuse for not designating that area.

Our biggest concern was addressed by the Senate amendments, which are very thorough. I also looked at the government's response to the Senate amendments. I would have to say that those were fairly watered down.

I will go back to my comment about consultation versus engagement. When the government or parliamentarians consider policy that is so impactful on communities, first nations, coastal communities and industry, we should be engaging, not consulting, and bringing them to the table to develop thorough solutions.

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May 13th, 2019 / 1:45 p.m.


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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, I would like to thank my colleague, the member for North Okanagan—Shuswap, who spoke on this topic for over an hour on Friday. It was fish Friday. Fish was even served in the lobby, and he spoke eloquently for over an hour on Bill C-55 and Bill S-203, which is on ending the captivity of whales.

I was back in the riding talking about species at risk, in particularly the issue we have with the southern mountain caribou. Members might wonder why I am bringing up this issue. It is because my colleague across the way wants to talk about consultation and how it has been thorough.

He would probably stand up and say that the consultation on the southern mountain caribou issue in the province of British Columbia was been thorough as well. I can tell members that what has been very thorough and robust is the attendance at these town halls done by the Province of British Columbia, and the reason attendance has been robust is that there has been no consultation. Here is an issue that is going to have detrimental impacts on our province in terms of industry and our way of life.

I also want to say at the very beginning that nobody wants to see a species such as the southern mountain caribou become extinct, or our chinook or our Atlantic salmon or our northern cod. One of the challenges we have with the current government is that its members stand up and say that they have consulted Canadians thoroughly, from coast to coast to coast, but indeed they have not. Why would the minister be getting protests outside his door by angry fishermen, angry groups, and have to be spirited away under the protection of security?

When we stand up on this side to talk about consultation, even the NDP members are in agreement with us that consultation is not there.

I will bring members back to earlier today, and for those in the gallery and for Canadians just tuning in to the debate, it has been 71 times that we have voted on time allocation. This is closure of debate. It has happened 71 times to this point under the current government.

I will bring members back to day 15 of the member for Papineau's campaign to be our Prime Minister. It was day 15 in the 2015 election when he stood up and said that under his government, we would be the most open and transparent government in the history of our country. Well, we have seen where that has gone.

He also said that he would run small deficits and then all of a sudden balance the budget in 2019. Well, where are we now? We have huge debt.

One of the other things he said was that under his government, they would not resort to parliamentary tricks and tactics such as omnibus bills, invoking closure or using time allocation. He would let the debate reign, because after all it was not about us as parliamentarians, but about the people who voted us in and got us here.

With that, I have to bring members back to today. I will remind those in the House who are checking their iPads and checking their messages and not really paying attention to the debate that this is not about them and it is not about the Prime Minister; this is about the electors who voted for 338 members of Parliament here to be their voice. When the government invokes time allocation and closure on debate, it is saying that the voices of those who elected members of the opposition and many others do not really matter.

We have seen that time and time again, and it is usually when Liberals do not like what they are hearing. It is usually when valid points are being brought up. We now see it again. We are sitting at 71 time allocation motions. I said 59 earlier, but my great colleague from Courtenay—Alberni reminded us that it is 71 times. I do not think that is letting the debate reign.

I also want to talk about consultation.

Liberals stand and talk about consultation. Throughout the southern mountain caribou exercise, a slide was brought out and then taken down very quickly. The slide said “consultation versus engagement”. That prompted me to think about this a little more. Liberals in government—and perhaps we on this side too, as elected officials—throw the terms “engagement” and “consultation” around as though they are interchangeable. The reality is that they are not. They are vastly different. Depending on the underlying motivation and the process, they come at different solutions.

In consultation, I would tell you, Mr. Speaker, that I have a great idea and ask you what you think about it. You may say that the hon. colleague from Cariboo—Prince George has a great idea, but there are some ways it could be tweaked to make it better. I would respond by saying that these are great ideas and I would think about them. However, with engagement, I would go to you, Mr. Speaker, and say that we have a problem and I would really like your help to try to figure it out. You and I would go back and forth in a transactional kind of dialogue, and I would take your thoughts, ideas and concepts, say that I think we have come up with a solution, and tell you what it was and away we would go.

I am probably going to elicit some boos from that side of the House, because in terms of what I just said about consultation versus engagement, it is engagement that Canadians truly want, especially those in fishing and coastal communities and first nations that depend on the fisheries for their sustenance. When we levy a policy such as what is found in Bill C-55, we are not consulting Canadians on what we should be doing but engaging Canadians from the grassroots on the issue. However, the problem with that is that at times, they cannot tell us what they want to protect.

Mr. Speaker, you just gave me a three-minute warning, but I think I have 11 minutes. It is three minutes until question period. That is going to ruin the video. Let the record show that I am splitting my time with question period, with 338 members of Parliament, unlike our colleagues across the way, who would not allow that.

Whether it is Bill C-55, the Fisheries Act, the northern cod study, the Atlantic salmon study or the aquatic invasive species study—which we will never get to, because our friends on the fisheries committee continue to delay it—Canadians are looking for engagement on policy that is going to impact them.

I have tried to change my vocabulary, my use of “consultation”, since that southern mountain caribou fiasco we dealt with in the province of British Columbia, and I now use “engagement”.

It is not an engagement. It is really just a check in a box to say that my colleagues across the way have talked about it. I wonder if it is because they do not believe Canadians are smart enough to come up with an idea. After all, we live in coastal areas and depend on the water, so maybe we are not smart enough to come up with a solution to the problem. Maybe they are worried the problem is that Canadians are too smart and will figure it out.

I have listened to a number of fishers, fishing organizations and first nations. They are concerned about the lack of consultation on Bill C-55. Our hon. colleague across the way is saying that the amendment that came back from the Senate is redundant and is way too much. After all, it would listen to Canadians, who time and again said that they were not consulted enough. They said that they were not being engaged enough.

We should always strive to be better. Bill C-55 is core legislation under the Liberal government. Now the Liberals say that time has dithered away, and I think my hon. colleague mentioned that there were only 25 sitting days left, and that is why there is an urgency to push it through. However, there are serious concerns with Bill C-55, which is why that amendment came forward. What they are essentially saying, which is no different than time allocation, is that because it is a Conservative amendment, it does not really matter. That is wrong.

With that, I will cede the floor and pick it up after question period.

Oceans ActGovernment Orders

May 13th, 2019 / 1:20 p.m.


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North Vancouver B.C.

Liberal

Jonathan Wilkinson LiberalMinister of Fisheries

Mr. Speaker, I am very pleased to be here today to talk about the message to the Senate on Bill C-55, a bill that will amend the Oceans Act and the Canada Petroleum Resources Act.

First, I want to thank the parliamentary secretary, the member for Charlottetown, for starting the debate off last Friday and for his work on this file. I would also like to thank the member for Saanich—Gulf Islands for supporting this bill and for echoing the need to have this type of legislation so that we can move forward with protecting our marine spaces.

I would like to begin with an overview of the bill we are debating today, then an overview of the motion itself.

Bill C-55 seeks a new ministerial order instrument to establish interim protection marine protected areas to protect ecologically sensitive and important marine areas in cases where initial science and consultations tell us it is urgently needed.

The process to establish interim protection will not be a shortcut to any science and consultation processes that are integral to how we establish marine protected areas today.

The fundamental principle underlying interim protection is the application of the precautionary principle. This principle is not new under Bill C-55. It is already found in many pieces of modern environmental legislation. It is also consistent with the Privy Council Office's framework on precaution, elaborated in 2013. This framework outlines guiding principles for the application of precaution to science-based decision-making in areas of federal regulatory activity for the protection of health and safety, the environment and the conservation of natural resources.

Indeed, we have received the bill with an amendment. While we respectfully reject the amendment, we are adding an amendment that we feel respects the intent of the amendment from the other place. As indicated by government officials during Senate committee deliberation, as well as expressed by members in the the other place during third reading, the amendment proposed is duplicative and would also make the interim protection of a marine protected area process more complex than the designation of a permanent marine protected area. Therefore, the amendment would go against the very objective of the bill to provide faster protection and to freeze the footprint of activities in areas where we are proposing a permanent designation, all while ensuring that we continue our high standard of consultations.

Let me explain.

The first part of the amendment from the other place requires that the approximate geographical location and a preliminary assessment of any habitat or species in the area be published prior to an order for interim protection being made. This is already covered under the cabinet directive on regulations, which requires all regulatory process to be open and transparent. This is the reason why, today, one can go online to look at an area of interest, which is the first step in the current process of developing a permanent MPA, and see a description of the area, a map of the area and all other relevant information, such as the key objectives.

The second part of the amendment, which was added by Senator Patterson, would require an additional consultation period to take place outside what is already required under the Oceans Act and the Gazette process. This amendment would add another consultation period that is, at minimum, 60 days, and would require the government to respond to all comments within 30 days. That brings the added consultation period to a possible 90 days before an order can be made. Indeed, this only applies to the interim process and would therefore make the interim designation process more complex than the process for a permanent designation.

As I have mentioned, these amendments were also duplicative. The current Oceans Act already explicitly outlines consultation requirements under sections 29 through 33. As mentioned on Friday by the parliamentary secretary, section 33 states under the oceans management strategy:

(1) In exercising the powers and performing the duties and functions assigned to the Minister by this Act, the Minister

(a) shall cooperate with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments and with affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements;

(b) may enter into agreements with any person or body or with another minister, board or agency of the Government of Canada;

(c) shall gather, compile, analyse, coordinate and disseminate information;

For these reasons, our government is rejecting these changes and proposing an amendment that we believe captures the intent of the message from the other place. This amendment will require the geographical location and all other relevant information to be published, along with the consultations that were undertaken when an order is made. This will ensure that the information that communities need will be provided, and that the process for interim protection is streamlined to ensure that protection is provided in a manner consistent with the objective of this bill. That is, to provide faster protection on an interim basis to marine areas until a decision, after comprehensive consultations are undertaken, is made on whether to designate the interim area as a permanent MPA.

This bill was first introduced in the House of Commons on June 15, 2017. Since then it has had the benefit of many hours of debate, discussion and review. The House of Commons Standing Committee on Fisheries and Oceans spent a great deal of time carefully reviewing its proposals. From October to December 2017, that committee heard views and opinions from many orders of government, partners, stakeholders and experts on the bill. Following this in-depth review, the committee made five amendments to the bill that were proposed by Conservative, Green and independent members, which were adopted by the House on April 25, 2018.

The House of Commons committee's amendments add new and important elements to the bill without undermining its spirit and intent. This bill is truly one of those rare bills that has had co-operation and agreement at the committee stage by all parties, and I urge all members to put their partisanship aside to support a non-partisan issue of protecting our oceans.

Since February 2019, the committee in the other place has further reviewed Bill C-55, hearing from more witnesses and experts. I am grateful for the effort and attention paid by the other place to this important legislative proposal. However, their additional amendments do not align with the spirit of Bill C-55 to apply interim protection in a timely manner.

Consultation is the cornerstone of effective oceans protection in Canada. The transparency we will exercise for interim protection will be no less than for establishing more permanent marine protected areas.

What is our current practice? We consult and collaborate with provinces, territories and indigenous groups. We include marine resource users, such as fisheries groups, aquaculture groups, the oil and gas sector, mining, shipping, tourism and other stakeholders. We reach out to other experts, such as environmental groups, academics and various community members. Finally, we also, of course, consult with the public.

All of this collaboration is extensive and conducted at various stages of the process. Advisory committees with partners, indigenous groups and interested and affected partners are established to provide input to this work.

We consult at the outset, to identify and select an area needing protection; to gather information about the ecological importance of a sensitive marine area, the socio-economic considerations related to the area and any current or planned activities that may be of concern; to identify initial boundaries and conservation objectives for an area based on the best available science, including indigenous and local knowledge and a risk analysis; to develop a proposed regulatory approach and study the benefits and costs of such an approach, including a 30-day public comment period when the regulations are pre-published in the Canada Gazette, part I; and on an ongoing basis to provide input to the development of the management plan for the area.

Over and above this extensive consultation, marine protected areas are collaboratively managed with local partners through an adaptive management approach wherein ongoing science and socio-economic and cultural information are all considered.

This government is committed to both the precautionary principle and the need for ongoing scientific analysis and consultation. Our commitment to science and consultation does not end once interim protection is in place. These activities would continue for up to five years, with an aim to establishing a permanent marine protected area. We continue to consult and improve our scientific understanding of the area following its establishment, as part of ongoing management efforts.

Bill C-55 reflects the government's commitment to indigenous rights and the requirement to respect the duty to consult and accommodate. This requirement is already provided for within common law. Moreover, the Oceans Act and the cabinet directive on regulation recognize the importance of working with and consulting indigenous organizations.

In addition, the House of Commons Standing Committee on Fisheries and Oceans added an amendment to Bill C-55 to reiterate that marine protected areas establishment cannot be conducted in a manner that is inconsistent with any land claims agreement.

Bill C-55 will go a long way toward ensuring that as Canadians we protect our marine ecosystems. Supporting the health of our oceans is essential so that we can benefit from the unique and precious marine ecosystems and resources that we will rely on for generations to come. Canadians are counting on us to protect our oceans.

Our marine protection work seeks to preserve ecosystems and species to ensure that Canada's marine resources can continue to support sustainable industries, local economies and coastal communities. As we progress, Canada's marine protected areas will become part of a global network that will contribute to healthier and more sustainable oceans for generations.

Many senators supported passing this bill as quickly as possible. However, here in the House, two years after the bill was introduced, despite the amendments agreed to by all parties in committee, the Conservatives continue to oppose this bill. That is disappointing but not surprising because, unlike our government and our Prime Minister, who have a plan for the environment, the Conservatives have no plan to protect the environment or to address climate change.

I believe that Bill C-55 is a very significant step in the right direction, and I am confident that all members will agree. Bill C-55 has been subject to thorough parliamentary review, as well as public debate and discussion, for nearly two years. The time to act is now. With interim protection, we will be able to act now to protect our oceans from coast to coast to coast.

The House resumed from May 10 consideration of the motion in relation to the amendments made by the Senate to Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act.

Bill C-55—Time Allocation MotionOceans ActGovernment Orders

May 13th, 2019 / 12:35 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I would like to thank the Minister of Fisheries for commenting on other actions.

I support Bill C-55, but I cannot support the continual use of time allocation. We have seen a steady increase in its use in this place. It was shocking when it happened under the previous government. I have bemoaned this over and over again.

The reality is that a government with a majority of seats can treat Parliament as if it is basically a nuisance. The debate in this place is not about improving legislation or actually about doing our work as members of Parliament, but rather just somehow wasting time. That does a disservice to this place.

It was probably not the hon. member's decision to place time allocation on this legislation. I beg the Liberal majority to stop using time allocation over and over again. It has now become the normal procedure instead of the rare exception.

Bill C-55—Time Allocation MotionOceans ActGovernment Orders

May 13th, 2019 / 12:20 p.m.


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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, for Canadians listening in, and indeed those in the gallery, Bill C-55 is about interim marine protected areas. The Minister of Fisheries, Oceans and the Canadian Coast Guard as well as the Minister of Environment would have the ability, in the absence of science, to immediately designate a marine coastal area a marine protected area. The concern is that in the absence of consultation, it could do this.

Today we are talking about closure. We have had it 71 times, as my friend from Courtenay—Alberni corrected me. Perhaps I was being too light on our Liberal friends across the way.

The concern all along has been that those who matter the most in our coastal communities, those who would be most impacted by marine protected areas, whether they are first nations or non-first nations, those who depend on those coastal areas for their livelihoods and way of life, are not being consulted or engaged adequately. We heard this time and time again.

Our Conservative senators put forth two amendments.

The first amendment would ensure that prior to the Minister of Fisheries, Oceans and the Canadian Coast Guard designating an interim marine protected area by ministerial order, the proposed order would be posted on the minister's website, and a 60-day comment period would be provided for. Written notice given to jurisdictions whose lands or interests may be affected by the proposed order would also be provided for in this amendment. This sounds reasonable. The rationale for this amendment came out of the Bill C-55 consultations, which did not include Nunavut. The senator from Nunavut said that consultation on Bill C-55 was not happening. He said:

The lack of a requirement of express permission for the adjacent province...to proceed with an establishment of an MPA has been interpreted by the Government in Nunavut as an act of bad faith, given the ongoing nature of the current devolution negotiations.

The second amendment, put forth by another Conservative senator, proposed to ensure that a certain level of detail, such as what we would be protecting, would be available to the public prior to the minister designating an interim protected area by ministerial order.

These are all things that came up in testimony. It is common sense.

Will the member be voting in favour of these common sense amendments from Conservative senators, or is it just because Conservative senators put them forth that the Liberals would vote them down?

Bill C-55—Time Allocation MotionOceans ActGovernment Orders

May 13th, 2019 / 12:20 p.m.


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Liberal

Jonathan Wilkinson Liberal North Vancouver, BC

Mr. Speaker, I would invite my hon. colleague to review the record. This government has achieved far more, from a legislative perspective, in three and a half years than successive Harper governments were able to achieve over the course of a decade.

Let me again return to the facts, something I know my hon. colleague sometimes likes to avoid. Bill C-55 was introduced on June 15, 2017. There were five total days spent at second reading and three total days at third reading. There were nine House committee meetings. There were eight Senate committee meetings. In the fisheries committee, five amendments to the bill, proposed by Conservative, Green and independent members, were adopted by the House in April 2018. In the House committee, the members heard from 36 different witnesses. The bill spent over a year in the Senate, in part because of delay tactics by the Conservative Party. It was first read on May 26, 2018, and was sent back to us two weeks ago.

This is a very important bill for us to ensure that we are moving forward with an agenda that allows for the protection of areas of ecological significance on a go-forward basis to ensure that we will have a strong environment and a strong economy in the future.

Bill C-55—Time Allocation MotionOceans ActGovernment Orders

May 13th, 2019 / 12:20 p.m.


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Liberal

Jonathan Wilkinson Liberal North Vancouver, BC

Mr. Speaker, I certainly agree with my hon. colleague. There are a number of pieces of legislation before this House that it is very important to Canadians across the country, from coast to coast to coast, we move forward with and ensure are implemented effectively. Certainly Bill C-55 falls into that category.

The ability to ensure that we are able, on an interim basis, to protect areas of great ecological and biological significance is very important in a world where biodiversity is in decline and the impacts of climate change are increasingly prevalent. We need to move forward in a way that allows us to ensure that the future of the environment is a clean one for our children and our grandchildren.

Bill C-55—Time Allocation MotionOceans ActGovernment Orders

May 13th, 2019 / 12:15 p.m.


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Liberal

Jonathan Wilkinson Liberal North Vancouver, BC

Mr. Speaker, the bill is about interim protection. It will enable us to move forward with respect to the protection of our marine environment.

With respect to my hon. colleague's comments regarding standards, about two weeks ago, I announced Canada's approach to marine protected areas and other effective area-based measures at a conference in Montreal. They are world-leading in the context of how we go about ensuring that standards exist. I am more than happy to review those with the hon. member if he has not yet seen them.

Bill C-55 was sent to the Senate last May. A year later, it has finally been sent back to the House. Many senators in the other place have noted that we need to pass the bill now. We have put in an amendment to their message that captures the intent of their message. It is time for us to finish debate so that we can start protecting our marine environment more effectively.

Bill C-55—Time Allocation MotionOceans ActGovernment Orders

May 13th, 2019 / 12:10 p.m.


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Liberal

Jonathan Wilkinson Liberal North Vancouver, BC

Mr. Speaker, there has been significant and sustained discussion of this bill in this chamber, at committee and in the other House. Bill C-55 was introduced two years ago.

As I said, there were five total days at second reading debating this bill, three total days at third reading, nine total House committee meetings, and eight Senate committee meetings in total. The House committee introduced amendments that were accepted in this House. The House committee heard from over 36 different witnesses, representing stakeholders across the piece. The bill was in the Senate for over a year, in part because of stalling on the part of the Conservative Party, and it was sent back to us two weeks ago.

There has been comprehensive debate and discussion of this bill, and now it is time to move forward.

Bill C-55—Time Allocation MotionOceans ActGovernment Orders

May 13th, 2019 / 12:05 p.m.


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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, this is coming from a minister who now has protests outside his office and has to be escorted. It is because of a lack of consultation and a lack of engagement.

Closure of debate has been levied on this House 59 times. This represents the 59th time. There is a number for my hon. colleague across the way. It was the 10th day of the 2015 campaign when the member for Papineau, now our Prime Minister, said that he would let debate reign. He promised Canadians, and that was one of the promises that he broke.

On a piece of legislation as important as Bill C-55, I will grant that our hon. colleague, the minister across the way, was not involved in the debate at that time; it was the former fisheries minister, who has been quietly shuffled out because of a corruption issue over surf clam harvesting. It was the former fisheries minister who also said that he would truly consult and engage Canadians, but we have seen time and time again from this government and this minister that consultation and engagement were not there.

I would like to ask our hon. colleague a question. Debate has not reigned free or supreme, but has been closed 59 times. On such an important piece of legislation, on which reasoned amendments have come back from the Senate, why do the Liberals feel the need not to engage the 338 members of Parliament who have been elected to be the voices of those who put them here in this House? Why? Why is that the case with the government, time and time again? Why does it continue to invoke closure?

Bill C-55—Time Allocation MotionOceans ActGovernment Orders

May 13th, 2019 / 12:05 p.m.


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North Vancouver B.C.

Liberal

Jonathan Wilkinson LiberalMinister of Fisheries

Mr. Speaker, let me start by outlining the facts.

Bill C-55 was introduced on June 15, 2017. Five days in total were spent debating this bill at second reading and three days in total spent at third reading. In total, there were nine House committee meetings and eight Senate committee meetings. In the House fisheries committee, five amendments were proposed to the bill by Conservative, Green and independent members, which were adopted by the House on April 25, 2018. The House committee heard from 36 witnesses, representing a range of different stakeholders. The bill spent over a year in the Senate. It was first read May 26, 2018, and was sent back to us just two weeks ago.

Therefore, I think the record shows that a significant amount of time and discussion have gone into this bill.

Ending the Captivity of Whales and Dolphins ActPrivate Members' Business

May 10th, 2019 / 2:20 p.m.


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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, I am pleased to join the debate on Bill S-203, for which I have received a fair volume of correspondence from constituents in my riding of Calgary Shepard, whom I am pleased to represent. A lot of them were sent to me on behalf of various organizations across Canada that have been promoting Bill S-203 as a solution to cetaceans in captivity.

Before I continue on with the bill, I want to make one mention. The member for St. John's East had the best observation regarding a Senate bill I have ever heard in this chamber when he said it did not take advantage of creative acronym design. It has been four years and I will give him that. How acronyms are created with certain bill is probably one observation I have not made, so I will give him kudos for that one, but not for the content of what he said, especially on the oceans protection plan, which is a $1.5-billion plan, with very little spending so far. The Coast Guard ships that have been built are still in dock in Nanaimo with no crews to service them and make them ready for use in the field. I have not seen any actual spending of the dollars associated with the plan. That is the first part of my reply to what he mentioned.

With respect to the substance of the bill, I feel the need to provide an introduction. I have been writing back to my constituents who have been writing to me on Bill S-203, and I have had some back-and-forth conversations with a few of them on disagreements over some of the technical aspects of the bill.

One thing I want to mention is that the bill broaches a certain area of provincial jurisdiction—animal welfare laws, typically—by going after the Criminal Code. It is a way for Parliament to make a judgment call about a certain practice in Canadian society. In this case, it is the captivity of cetaceans.

I share the same concern that a lot of my constituents have and that a lot of members of Parliament in this chamber have expressed over the necessary protection of whales, dolphins and other aquatic animals, which is that nobody wants to see them suffer. The member for Sherbrooke brought up an example of what happens in the Russian Federation. Of course, there are examples all over the world of abhorrent animal husbandry and captivity practices that most of us would say are brutal and should not be happening. Unfortunately, they do, because people use animals for entertainment purposes and to generate an income.

With respect to some of the historical aspects, as I think another member mentioned, there have been no live captures since 1992, although it is true that beluga whales and bottlenose dolphins have been imported from foreign sources.

It has been reported in various CBC articles and other media that parts of this bill seem to be veering into areas of provincial jurisdiction over animal welfare laws. Ontario has already banned the captivity and breeding in captivity of orcas, which is one of the concerns I had with the bill going the route of amending the Criminal Code. Perhaps it is more of a process issue that I have.

Going back to the previous debate we had earlier today on Bill C-55, with respect to the intent of a bill like this one, Bill S-203, I do not think many members disagree with the principle of the matter; rather, it is the execution we have concerns with.

There are a few scientists I am going to quote, some of whom provided testimony at committees and some who of whom provided feedback through correspondence that the member for Cariboo—Prince George and I have received.

I want to mention that this is a very unusual bill, because it has received review at over 17 committee meetings in an eight-month period. It was tabled way back in 2015 and has been on the public record for quite a long time. It has been debated for quite a long time. It had what I would say was a difficult process through that other place, the Senate chamber, with several senators expressing deep concern over the technical aspects of the bill in its interaction between provincial laws and federal jurisdiction over the Criminal Code. That area is where I am going to express some of my concerns as well.

The provinces are responsible for passing animal welfare laws. In this chamber we have pronounced ourselves on matters affecting what I would also think are areas of at least partial provincial jurisdiction, as in the bestiality bill the Parliamentary Secretary to the Minister of Justice mentioned earlier. I do not think there is anything wrong in going the route of the Criminal Code, but in this case in particular the member for North Okanagan—Shuswap mentioned that it could potentially criminalize individuals that the law did not intend to criminalize, such as the booking of travel vacations or some service provision in tourism.

I do not think that was the intent of the law. However, I have seen before, as I mentioned in the House on Bill C-55, that with regulations passed by officials, written by officials and confirmed through the gazetting process that the Government of Canada has, the intention is typically lost. Nice words are shared by officials about the intent of the bill when the members of Parliament and senators express their will by passing a piece of legislation, but then the actual execution is not there.

Sometimes this debate among officials lasts well over a decade, two or three decades of quibbling over exactly what the law permits one to do and to whom it can apply. I think the concerns expressed by the member for North Okanagan—Shuswap on our side are that the lens with which the Criminal Code will be applied may be broadened by officials in the departments at a later point, far beyond the lifespan of any member here, or at least our elected lifespan. I wish all members good heath.

I think there is a concern there about that mission creep, about going after individuals or applying the law to individuals whom we had not intended it to be upon. That is why many amendments were moved at committee by the opposition side to try to improve and clarify this particular piece of legislation, of course not to obstruct it. Attempting to amend a piece of legislation is never about obstruction. It is about an improvement to the bill, especially when the intent is there. The technical aspect, the delivery of the bill and its execution, is perhaps lacking.

I want to mention the scientists. The member for Cariboo—Prince George previously made comments about an email from Dr. Laura Graham, a professor at the University of Guelph. I am going to read the quote, and then perhaps I can express some of my thoughts on the scientists' view on the impact that this bill would have.

The member for Cariboo—Prince George said:

Her speciality is endocrinology and reproductive physiology of wildlife species, including looking at factors that can impact the welfare of wildlife species managed by humans and using science to solve some of the challenges wildlife managers face as they work toward optimizing the welfare of animals in their care.

Thereafter, that information can be used in the general practices of the Crown when it is managing wildlife populations on behalf of Canadians. I am going to read a direct quote from the correspondence that the member for Cariboo—Prince George read, so that I can remind the chamber of what Dr. Laura Graham said:

As an expert in endangered species physiology I can tell you that this bill is short-sighted and will do irreparable harm to critical research on the marine mammals listed under SARA, including the Salish Orca. Over 90% of what we know about marine mammal biology is based on research on individuals under human care. And we need these captive animals to develop research techniques that can be applied to free-ranging animals.

The discussion goes on from there. The quotations given by this particular specialist, I think, are really important to keep in mind.

Many members have said that the economic operations of the aquariums, and those operations that save marine mammals and then perhaps keep them temporarily in captivity so that they can nurse them back to health, typically have some research component. It is never a purely economic operation.

Again, I could be wrong in the case of Marineland, which seems to be the best example being used. I am a member from Calgary, after all, so I do not head out to Toronto too often. However, on this particular piece of legislation, I think the intent is there but the execution is lacking. As I read from the scientist, I think there will be harm done on the research side of things that we were not able to fix at committee. In eight months and 17 committee meetings, we were not able to reach that mechanical fixing of the bill.

That is why I will be voting against this piece of legislation, just as I have been telling my constituents that I would. I implore all members to look at that fact and to vote against this particular law.

Bill C-55—Notice of Time AllocationOceans ActGovernment Orders

May 10th, 2019 / 1:30 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

Madam Speaker, an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the consideration of the Senate amendments to Bill C-55, an act to amend the Oceans Act and the Canada Petroleum Resources Act.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose, at the next sitting, a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Oceans ActGovernment Orders

May 10th, 2019 / 1:10 p.m.


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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, I am very pleased to be joining the debate on Bill C-55 to contribute a couple of thoughts.

My colleague from North Okanagan—Shuswap gave an excellent overview of the contents of the bill and the substance of the amendments being proposed by the Senate. It has proposed a couple of measures that would improve accountability.

There is a series of common-sense ideas. They are very technical in nature. When I went through them, they gave me pause. I though about the implications for the minister of the requirement to consult and how to consult? I thought about how the government would deal with applying some of the other measures in the real world.

A lot of what we do in Ottawa is put theory into legal practice and provide the wording for what we want departmental officials to do on the ground. However, there is also an entire portion related to the application of the legislation and regulations. We want to know how it will work in the field. How will the ideas in this chamber, brought forward by the government through legislation and by government members and opposition members through amendments, actually work out in the real world?

It is not enough to have good intent. It is also what happens on the ground. The reality on the ground is extremely important in whether the legislation will achieve those goals. Intent is fine. I think intent is laudable. We talk a lot about that as politicians. However, it is the results on the ground that count the most. Did we achieve the goals we set out? Do we have a metric to measure how the legislation is working?

The member from North Okanagan—Shuswap gave an excellent overview of the work both parties on the opposition side have done in proposing amendments and improvements to the bill at various stages, going back to when the bill was before the House of Commons committee. Between 25 and 30 amendments were proposed at that time to try to improve the legislation.

I have been on different committees, and often I have seen government legislation that has technical flaws in it. Some of the flaws are inadvertent. They are simply copied and pasted from other pieces of legislation. Perhaps they had a good intent at one time, but when we sit down with officials and stakeholder groups, we quickly realize that they would have several unintended consequences. I will get to one of the unintended consequences of the MPA processes.

When sections of bills are being changed, or improved, as the government would say, I have seen members try to amend them at committee. I have done this myself. I have proposed amendments to government legislation that I thought would improve a bill and fix it in a substantive way, perhaps by amending a definition, as I tried to do on the medical assistance in dying bill, to provide a more technical definition.

With respect to Bill C-55, we are talking about Senate amendments that, as I mentioned, would improve the accountability of the minister to both Parliament and Canadians. They are common-sense ideas. Whether the amendments and the ideas therein are properly executed deserves further investigation and deliberation.

Bill C-55 would maximize the minister's powers. I have mentioned several times in this chamber, on other pieces of legislation proposed by the government, how opposed I am to maximizing ministerial discretion, especially on things like MPAs, which have an immense economic impact on the livelihoods of people in smaller communities, people who depend on fisheries for their livelihood.

It is incumbent upon any government and any member of Parliament to ensure that ministers are reined in and do not have free rein to do as they wish. Too much of the legislation that has passed in the House leaves it up to cabinet, through orders in council, to decide what the details will be.

I will draw the attention of the House to the cannabis bill, which decriminalized or legalized the sale and distribution of cannabis in Canada, and to the impaired driving bill. These bills created a litany of regulations that were basically to be written by a minister and then approved by cabinet at some point.

Some of them were very basic concepts, like definitions that should simply be taken out of a dictionary. We have the same situation here, where the minister's discretion and ability to intervene and interfere in a local area's decision-making process is very broad.

That is a deficiency in any government legislation, because often when we then ask those ministers to return to committees and provide a summary, provide some type of semblance of what was done with the powers, in almost every situation that I have experienced so far, I have been disappointed when ministers returned to committee to explain how they used the powers. They either went way overboard in their application or fell far short and actually did not pass a regulation that met the requirements of Parliament, thus being unable to achieve the goals that the legislation set out.

Just yesterday, at the Standing Joint Committee for the Scrutiny of Regulations, where eventually the regulations that Bill C-55 would enable will make their way for gazetting and review and approval, I saw another instance of a government regulation being used by two previous governments, both Liberal and Conservative, whereby the officials in the department had collected information they were not legally allowed to collect.

Then an amendment to a piece of legislation was passed in 2012, and at that point, that collection of information was legalized. The logical question that all parliamentarians asked, including members in the government caucus and members of the Conservative caucus and members of the NDP caucus, was that if this collection of information was legalized in 2012, was it illegal before that? That was what the legal counsel for the committee was telling members of Parliament was in fact the case—that the government officials had improperly collected a whole suite of very sensitive, proprietary, corporate economic information.

My worry with Bill C-55 is again the broad discretion being given to the minister during the consultation process and the set-up of the MPA.

I want to quote Jim McIsaac of the BC Commercial Fishing Caucus, who said:

Right now on the west coast we have 10 or 12 different MPA processes. It's impossible for the fishing industry to engage in all of these in a kind of comprehensive way. We need a place where we can sit down and set some of these overarching objectives. If we don't do that, it's just going to disintegrate into a mess. It won't be durable going on. We need a way to bring all available knowledge into these.

That speaks to some of that consultation overload. Consultation is a great thing. I participate in government consultations when they post them on the website. I will mention one right after this, on the Asian Infrastructure Investment Bank, just as an illustration of where I think the problem with this consultation on the MPAs exists.

Having 10 or 12 MPA consultation processes at the same time overwhelms one particular industry. It is too much in one area for one group, one sector, one group of workers in an economy to be able to answer to when we want in-depth, valuable information to be provided. We do not just want boxes checked.

The government has indicated that it does not agree with the Senate amendments and did not agree with many of the Conservative amendments at the House of Commons committee when the bill found itself there, and in this legislation what the government is trying to do is outsmart everybody. I think that is the greatest folly. It is a Yiddish proverb. It is one that has been used many times. We as parliamentarians should know, and the government should know, that it is impossible to know everything.

That is what consultation is supposed to be about. It is the process of discovering what we do not know; it is not supposed to be about affirming what we think we know. It is about discovering what we do not know.

In this case, my thought is that if we do 10 to 12 different consultations, again as with these MPA processes, it will overwhelm a particular industry. I am much more familiar with energy site consultations on indigenous communities at the Alberta provincial level. In a prior life, I worked for the Alberta finance minister at the time and the minister of sustainable resource development at the time. Our sustainable resources in Alberta do not happen to be fisheries. Unfortunately, fisheries are not a major sector in the Alberta economy, but they are a major sector in the British Columbia economy, and we should be worried by what we hear.

We should be worried when groups are telling us that the proposal in the legislation may overwhelm their ability to provide in-depth valuable information, whether it is traditional knowledge or qualitative or quantitative data that their industry collects just as part of doing business and part of proposing what they think. Again, the consultation angle here is that there could be an overwhelming number of them and that would make it very difficult for them to meet it.

I want to provide another quote for the chamber's consideration from Christina Burridge, the executive director of the BC Seafood Alliance. She states:

Closing large areas to fishing off the west coast does little for biodiversity, little for conservation, little for the men and women up and down the coast who work in our sector and who are middle class or aspire to the middle class, and little for the health of Canadians, who deserve access to local, sustainable seafood.

Again, that is valuable input from another organization that feels these proposed MPAs might have a fine purpose in mind, but the difference being the intent and impact on the ground, the reality of what will be done.

Several members have mentioned during debate on the legislation that they are concerned that the minister will have simply too broad a series of powers to do as he or she wants, such as to declare a certain area, cut out a certain border for the MPA first and then consult after the fact. However, the economic impact is immediate. People in the area who depend on this type of fishery or it is a significant part of what they do on a daily basis will not be able to continue to do so. They will have to consult with the minister as part of an organization or individually.

There is always the possibility that the government will of course listen to a particular stakeholder group and will defer. It will move boundaries. It will change them to meet the demands. However, the impact will have already happened. There will be already investors, perhaps or individuals who will have changed their behaviour, either their purchasing behaviour or the fishing practices they had. In the meantime, people still have to make an income at the end of the day. They still have to make ends meet. They still have to pay their one's taxes, because the government will never let up on that. They still has to attain some type of middle-class lifestyle. People cannot just lay down their tools and wait for the government to finish its consultation process. They cannot wait for the minister to be satisfied that they have met the requirements of the law.

Some of the defects and shortcomings in the bill could be addressed by some of the proposals in a Senate amendment. We can look back, as the member for North Okanagan—Shuswap mentioned, to some of the amendments proposed on the Conservative side at committee about improving the way the consultation would be done to protect the workers out there. Part of the amendments proposed here also touch upon some of the announcements made by the government.

The government made an announcement that it intended to spend about $1.5 billion on ocean protection off the west coast. It was part of its goal to reach some of its international targets and it was part of the process toward attaining and ensuring the construction of the Trans Mountain expansion pipeline, so meeting some of the public concerns that individuals had. I have a couple of issues in how this legislation and those dollar announcements matter.

We heard from the previous auditor general, who passed away tragically from cancer. He filed a report late last year, saying that the government was more interested in big dollar announcements in its news releases. He went in-depth in attacking the government's means of testing how it was achieving its goals. He said that it rated its success according to how much money had been shovelled out the door, not the actual impacts on the ground. He had a more broader critique on how the government had managed its operations.

Bill C-55 operationalizes MPAs in a lot of ways. It is much meatier legislation than people might realize. Many people realize that the consultation processes and the conservation of these broad maritime ecosystems and the termination of economic activity in many of these areas for certain types of fisheries or the potential of certain types of fisheries is a big operational part of government.

Time and time again, in different parts of the government, we have seen their inability to meet their own department plans, which every minister tables in the House. There are many shortcomings on that side, such as loading up departments with more work while cutting back on the total FTE count of employees in the department.

The government seems to rate its success simply by how much money has gone out the door, or sometimes, if the money has not even moved, by the quality of the news release being put out and the dollar figure. If there is “billion” in the number, the government will say that it is a job well done, that the mission was successful and that it has achieved its goals.

I will go back to the TMX pipeline for a moment, because I am a member who represents a Calgary riding and I am an Albertan. The TMX pipeline is a perfect example. The government created an investment environment, or a public policy situation, where a company felt obliged to give public notice to its shareholders after a board meeting that it was thinking of backing out of the pipeline expansion. It was not going to meet its goals. The government had created that environment, and it felt obliged to expropriate the pipeline from Kinder Morgan and purchase it for $4.5 billion.

Here comes the operationalizing component. My worry about Bill C-55 is whether the government will be able to operationalize all of this and whether it is overwhelming communities with too much consultation. The government has not been able to build a single inch of pipe to twin the TMX line to the west coast, despite the fact that it promised legislation, despite the fact that it promised, over 300 days ago, that it would get the pipeline built, and despite the fact that almost two construction seasons have been thrown away.

I hear a member on the government caucus side from Toronto heckling me. I remind him that the previous government approved four pipelines. I remind him that the previous government had a record of actually building pipelines. I also remind him that under his government's watch, the government he defends, over 7,000 kilometres of pipe has been cancelled in this country.

The LNG Canada project on the west coast is a $40-billion project that was approved by the regulator in 2012 and approved by the previous Stephen Harper government. They approved it. It took six years before the company felt that the business environment was good enough. For three years, from 2015 to 2018, the project was on the cusp of being cancelled. The only thing that saved the project was that the government exempted it from the carbon tax. That is the only reason the company went ahead with a $40-billion project. As well, under the government's watch, 78 billion dollars' worth of LNG projects have been cancelled.

Oceans ActGovernment Orders

May 10th, 2019 / 12:50 p.m.


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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Madam Speaker, I am pleased to rise and join my colleagues in the debate on Bill C-55, and more specifically the Senate amendments. Some of them were rejected by the government, which moved its own motion to somewhat amend the bill in response to the questions and criticisms from the Senate. That is the context in which I rise to express my opinion on this important bill.

I believe that protecting marine areas against the many potential threats concerns all Canadians. We must also protect the habitat of fish and marine mammals. I believe that Canadians are just as concerned about this issue as they are about protecting biodiversity and ecosystems on the ground.

All Canadians are proud of their national and provincial parks. They are places of national or local interest that deserve to be adequately protected to ensure their survival. That is the goal of protecting them. We will protect these places, which are beautiful and worth visiting, to preserve them for future generations and to conserve biodiversity. We also want to conserve the fauna and flora for future generations. I would also add that biodiversity must be protected not just in Canada, but around the world.

We also want to ensure that industrial development does not endanger certain plant or animal species. Scientists recently sounded the alarm over the protection of plant and animal species. Over a million species face extinction in the short term unless something is done to protect them. I believe that Canadians will agree that we need to conserve biodiversity and ecosystems around the world for future generations.

Canada needs to take action, but a global, concerted effort is also required. Although Canada is the second-largest country in the world by land area and has thousands of kilometres of coastline, we cannot singlehandedly do everything that needs to be done to protect global biodiversity. Global collaboration is needed for our actions to be effective.

A few years ago, we actually did enter into a collaboration with the international community. We set targets and made shared commitments to ensure the protection of biodiversity and sensitive areas. We pledged to protect 5% of our marine areas by 2017 and 10% by 2020. I do not need to remind anyone that 2020 is next year.

Right now, in 2019, only 1.5% of our marine areas are protected. That means we have missed our 2017 target of 5%, obviously, and we are on track to miss the 2020 target too unless the government wakes up and boosts protection to 10%. That would be surprising, but it would be woefully inadequate anyway, for several reasons that I will explain.

First of all, the protected areas, as defined by the government, will not be truly protected. That is the central problem with Bill C-55. It is a laudable commitment and a step in the right direction, since it would at least do something to protect certain areas, but the protection provided under the bill is grossly insufficient.

When it comes to terrestrial protected areas, such as national parks, these protections are very real and effective. Oil and gas exploration and activities such as hunting and fishing are not permitted in our national parks. The regulations governing these areas are clearly defined, and people know what can and cannot be done. These terrestrial areas are very well protected, and we should be proud of them. No one is allowed to do exploratory drilling for shale gas or oil in national parks, and everyone agrees on that.

The crux of the problem is that the government has decided not to extend those same protections to marine protected areas. On the one hand, we have the Conservatives who do not care one bit. They did not lift a finger to protect marine areas when they were in power. On the other hand, we have the Liberals, who only pretend to protect these areas. They are going to establish boundaries for protected areas in Canada, but if you really look at the details, it becomes clear that these areas will not be protected from oil and gas exploration. We know how dangerous drilling and oil and gas exploration and development can be.

All Canadians will be happy to hear about the 2% increase in marine protected areas, including a large part of the Gulf of St. Lawrence, for example. However, they will be surprised to learn that this area will not be protected from oil and gas development.

Everyone knows that this is just window dressing by the Liberal government. It lets them say that they are protecting marine areas when really these are not protected areas since oil and gas exploration and commercial fishing, including with trawlers that drag nets along the bottom of the sea to catch fish, crustaceans and other species that we consume, are allowed. It is ridiculous that these activities are permitted in marine protected areas. In fact, industrial activities are not permitted in terrestrial protected areas.

Marine protected areas should enjoy the same protections as terrestrial ones, but the government refused to make that happen. The government always caves when it comes time to take important decisions. When it is not caving to insurance or pharmaceutical companies, then it is caving to oil and gas companies, which have quite a bit of clout. When it is not caving to banks, it is caving to companies like Loblaws or huge multinationals like SNC-Lavalin, which have privileged access to the Prime Minister's Office. Again, the government was not firm on the issue of development.

The government did not want to protect 10% of Canada's marine areas from these industries. It wanted to take a half-measure and do a little better than the Conservatives. The Liberals would have people believe that they did something. They want to announce that they are protecting marine areas and that they have a better environmental plan to protect biodiversity and ecosystems. In reality, if we cut through all the rhetoric, we see that the government is not really taking any meaningful action, and that is unfortunate.

If memory serves, my colleague from Port Moody—Coquitlam tried to remedy that situation at the Standing Committee on Fisheries and Oceans. He did extraordinary work to try increase protections. He did not want them to be protected only on paper. He did not want the government to simply chart out what areas should be protected and then for everything to stay the same as it was before.

The bill identifies the marine areas in need of protection on a map. However, if we were to go and check on what is happening in those areas after the bill is passed, we would see that the bill changes absolutely nothing and that it is business as usual. It is an opportunity for the government to claim to be doing something to protect the environment and to increase marine conservation targets by a few percentage points, when in reality it is doing nothing at all.

These protections are more urgent than ever, especially in light of the impact climate change is having on biodiversity and ecosystems. When all of this changes and when the ocean's climate changes, the ocean's currents and water temperatures change as well. This all has an effect on marine biodiversity, which must be protected more than ever.

Humankind long thought that the ocean was infinite. That is certainly how it appears when you stand on the edge of the ocean. The beauty of Canada's Atlantic and Pacific coasts are world renowned. Our beaches are as well, even though the water is quite cold in some places. Some beaches are still good for swimming in the summer. When you go to the coast you can really see the expanse of the ocean. It looks infinite; it looks as though the horizon has no end and the resource is infinite. However, we now know that it is indeed finite and that we must take care of it. This resource is far from being infinite. With today's technology, we understand the ocean's resources are limited and must therefore be protected. We must ensure that they can endure and that future generations will be able to enjoy them, as I was saying earlier.

The ocean's resources are a treat for the palate. People across Canada enjoy seafood every day, and in some areas they are eaten in large quantities. We must be responsible and ensure that the species that we enjoy so much will be available for future generations so they may enjoy them in a responsible manner. That is why we must ensure that the laws we pass are stringent, have teeth and provide the resources needed by those who will enforce these new protections. We must ensure that irresponsible fishing practices are not used and that no trawlers will scrape the ocean floor to harvest resources in these specific areas. We need the financial resources, but they have yet to be announced by the government. It still has not announced how it will protect these areas. Not only do we have false protections on paper, but we do not even have the resources needed to monitor them and ensure that these areas are well protected once designated. That is worrisome for many experts.

The experts are far from unanimous. They do not agree on this bill. Some of those experts are very well-known organizations, such as the World Wildlife Fund, the WWF, which stated that oil and gas exploitation will still be permitted and that harmful fishing practices will not be legally prohibited. The World Wildlife Fund works with other organizations to make regulations as tough as possible. Even if this bill is adopted, some endangered species will remain endangered.

Another organization, West Coast Environmental Law, is very critical of the government. One of the organization's directors, Ms. Nowlan, believes the proposed amendments make useful short-term improvements to the federal Oceans Act and related oil and gas legislation but could and should go much further. For enforcement to be truly effective, we need even stronger legal authority, such as minimum protection standards that make respect for ecological integrity the top priority.

She added that this is not nearly enough, unfortunately. It is certainly a shame that the government is giving people the impression that it is doing something.

Academics have said that this is not enough. One well-known organization, the Canadian Parks and Wilderness Society, or CPAWS, advocates for increased protection for parks and wilderness areas. The organization is concerned because the areas being protected do not meet the standard set out under the United Nations Convention on Biological Diversity and therefore will not actually count toward the target.

That is what Ms. Jessen from CPAWS said. She raised the issue that I just asked my Conservative colleague about, though he did not seem to have an answer. She does not have a definitive answer either, but I think one will emerge over time. This expert says she is concerned that the protection standards that will be implemented under Bill C-55 may not meet the standard set out under the convention to which Canada is a party. Members may recall that the convention commits us to protecting 10% of our marine areas. Today, only 1.5% of our marine areas are protected, even though our target is to protect 10% by 2020.

It is also possible that the international organization will not even recognize the areas that we will be protecting under this bill. I asked my colleague if he had gotten any more information in committee, but apparently no one knows yet. Organizations and experts are still deeply concerned that even if this bill increases the percentage of protected areas from 1.5% to 8%, 9% or 10% over the coming years, the new protected areas may not even count under the convention. This bill is so toothless that even if the government designates new protected areas, the convention will not recognize them. That is a shame.

It would be a serious mistake for the government to adopt protections that do not meet the standards laid out in the convention. This would be a lost opportunity to catch up with many other countries in this regard. Not only are we not meeting our targets, we are actually falling considerably behind every year in relation to countries like the United States and Australia, which are leaders in this area. Even the United States, which is not necessarily regarded as a huge champion of the environment and biodiversity, has protected 33% of its marine areas against various threats. Australia has protected 30% of its marine areas. They are the leaders. Canada, meanwhile, still ranks near the bottom in that regard, because it refuses to stand up to the interests of big oil and gas and say “no” to exploration and development by oil and gas companies.

That being said, in some places, such as the Beaufort Sea, which my colleague talked about earlier, the government decided to ban these activities. That move was criticized for the lack of consultation, but I think that at some point, we have to stand firm and refuse to allow these activities in such sensitive areas that are so hard to access, especially in winter when it is difficult if not impossible to clean up the mess. In the Gulf of St. Lawrence, there are extremely sensitive areas where we would not begin to know how to clean up the mess or restore the area after a disaster. The government has to be firm.

We in the NDP have the courage of our convictions. We are not afraid to stand up to the oil and gas lobbies and their highly dangerous activities to truly protect these areas. We have to protect these areas for future generations, to protect our environment and fight climate change. Unfortunately, the Conservatives are doing nothing and do not want to do anything, and the Liberals are only pretending to do something. At least there is one party in the House willing to do something meaningful to truly protect biodiversity and our ecosystems.

Oceans ActGovernment Orders

May 10th, 2019 / 12:45 p.m.


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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, the other question I want to ask the member is on the consultation piece. He talked a lot about the communities in the north that he met with, both during some of the consultations on Bill C-55 and the process at committee, and through his outreach efforts to learn more about the impacts the bill would have on various communities, not only in British Columbia, on the west coast, but also in our territories in the north.

I would like him to speak specifically to some of the impacts that the governments in the north would have to work through and the economic impacts the bill would have on those communities. It is often stated by the other side that the economy and the environment go hand in hand. It is such overused verbiage. Perhaps the Liberals should replace it with the good Yiddish proverb “Trying to outsmart everybody is the greatest folly”, which is actually the substance of this bill. The government is refusing to take legitimate amendments from the Senate that would vastly improve the bill. If the member could speak to that, I would love to hear it.

Oceans ActGovernment Orders

May 10th, 2019 / 12:45 p.m.


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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, I will speak for our side, as we are fortunate to have a member like my colleague, who gave an excellent summary of some of the deficiencies in the law. It has happened oftentimes, with Bill C-55 and others before it that the government has proposed, that there is a legitimate intent in the bill, but there are deficiencies in the way the government has gone about proposing different parts of it.

I want to ask the member a couple of more specific questions. He mentioned some of the amendments that were proposed on this bill, both by the Senate and at the House of Commons committee. Could he go, one more time, over how many amendments were proposed, what the substance of those amendments was with respect to improving Bill C-55 and what our concerns are on this side of the House?

Oceans ActGovernment Orders

May 10th, 2019 / 12:45 p.m.


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Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Madam Speaker, I hope the member will accept that I will not be able to respond to him in his native language, French. I would hate to butcher it in an attempt, so I will respond in English.

The targets that were set are targets. They are not a hardline deadline that one has to meet or one would get a failing grade and get kicked out of class. That is certainly not the case. Those targets could have been met without a bill like Bill C-55. All Bill C-55 does is allow a lazy government to move forward without accountability and transparency to meet a foreign body's influence on what we should do as Canadians. To me, that is terribly wrong. We have the greatest country in the world. As Canadians, we know how to protect it, how to conserve it and how to preserve what needs to be preserved. We should not have to push through a bill that would take away the transparency and accountability of any body in order to meet international targets.

Oceans ActGovernment Orders

May 10th, 2019 / 12:40 p.m.


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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Madam Speaker, I thank my colleague for his speech.

I have a very specific question for him. He has a lot of experience in this field. He is a member of the Standing Committee on Fisheries and Oceans.

I would like to know whether Bill C-55, as drafted, will enable Canada to meet its international obligations to protect 10% of marine areas by 2020, which is next year.

I would like to know whether the rules, as set out in the bill, will ensure that these areas are recognized by the international organizations, even though there are significant deficiencies in how these areas are protected. The international organizations set out in the convention may not even recognize these zones as protected within the meaning of the convention.

Does he have an opinion on this? Did he hear experts' opinions on whether the areas to be protected through this bill will actually qualify as part of the 10% that must be protected in accordance with an international agreement we signed?

Oceans ActGovernment Orders

May 10th, 2019 / 12:40 p.m.


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Liberal

William Amos Liberal Pontiac, QC

Madam Speaker, I disagree with the member oppositive on just about 100% of what he said. This should not be any surprise. Bill C-55 really goes to the core of the identity of our government, a government that is committed to conservation.

Our government is so committed to conservation that we took the bold measure of ensuring there would be no deepwater offshore drilling, for which there would be no response were there to be a blowout over the winter in the Beaufort Sea or in the Arctic, which we so zealously protect. We are there to protect our jewels and ensure they are conserved, whereas the member opposite and the party he represents would simply, in the case of the Arctic, for example, drill baby drill, go in there with no plan and we would end up paying for the consequences.

Therefore, what we really need to understand is that this is a question of identity. The identity of our government is one of conservation, protection and, yes, economic growth where it is responsible. Unfortunately, the member's comments indicate a completely opposite approach, which is most unfortunate.

Oceans ActGovernment Orders

May 10th, 2019 / 12:15 p.m.


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Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Madam Speaker, it is an honour to rise again. It is always awkward when we have our speeches interrupted by question period, but it is an honour to continue with my debate on the Senate amendments to Bill C-55, an act to amend the Oceans Act and the Canada Petroleum Resources Act.

This bill went through the House. It went through the Standing Committee on Fisheries and Oceans, which I sit on, and was studied at great length. There were a number of amendments put forward on this bill when it came through the House and the standing committee. Unfortunately, the majority of the amendments that would have provided openness, transparency, accountability and some assurance for the local communities that could be affected were rejected.

That is why I believe it went to the Senate. They have taken a look at it and have seen that it needs to have an increased level of accountability. It is simply not there.

In our opinion, the bill was not correctly drafted. That is just a continuation of what we have seen in draft legislation from the government. It seems to happen again and again. We get a bill before the House, it makes it through first and second reading here and goes to committee, and then a flood of amendments comes in.

Just recently, I remember the member for Kamloops—Thompson—Cariboo speaking about some of the indigenous-related bills that have been before the House, drafted by a government that is high on virtue and low on substance. It actually table-dropped a dozen or more amendments on top of an already long list of amendments that were actually submitted late, after the deadline. It was amendment after amendment coming from the very government that actually drafted the legislation in the first place.

It seems to be a continuation of ineptness on the government's part in seeing what needs to be in place in a piece of legislation. We have seen that multiple times. I actually had the opportunity to sub in at the environment committee when it was studying Bill C-69. That bill was rushed through this House and rushed through the process. I could not believe the rushed process when the committee was studying that bill, especially at the clause-by-clause stage.

I actually happened to sub in the day the committee was doing the clause-by-clause study of that bill and considering all of the amendments that were put forward on that bill. I believe that over 600 draft amendments were proposed. What is even more unbelievable is that over 300 of them came from the government side. There were 300-plus amendments from a government that originally drafted the bill. To me, that is unconscionable. How can it possibly be?

It is an example of how the government was very inept in getting any legislation moving in the early stages of its tenure, and now it is pushing and pushing to move things through at a faster pace as it comes closer to the end of its tenure. I certainly hope the end of that tenure happens in October. We are certainly working hard to restore the trust and faith that people in Canada and people around the world have in Canada. It was lost by the current government.

The government is simply trying to rush legislation through, but it is trying to do this through a lack of accountability, a lack of transparency and absolute power that is being bestowed on the ministers or the councils that operate under their purview. We see that in this bill.

The government does not want to be held accountable for the reasons that it may have within its secret place for establishing areas of interest or marine protected areas. It does not want to be held accountable for any part. If feels that it knows best.

It seems to be the drive of the current government to have the government manage everything. Pay it the taxes, and it will manage everything better. We know that it is not the right way to go. We know that the people on the ground, the people in the communities, know how to manage our fish and wildlife species, resources and access to those resources far better than a government centred here in Ottawa does.

The consultation process is a huge part of what is missing in Bill C-55. I will go back to my experience travelling across this great country, from the east Atlantic coast to our west Pacific coast to our North Atlantic coast, with the Standing Committee on Fisheries and Oceans.

We met with fishermen, with communities and with business owners in those communities. They wanted to provide input on where a marine protected area, MPA, may be instituted, how it may be instituted and what type of restrictions may be in place. Fishermen brought us maps with the proposed protected areas sketched out. They showed us areas where they would fish and set out their trap lines, fishing lines and long lines in a certain pattern so that they had room to work together as they fished and would not cross over each other's lines or get entanglements. They could fish in a progressive and orderly manner. However, what was happening with some of the proposed marine protected areas was that they had not been consulted on the no-take zones within those areas. They were being squeezed tighter and tighter. They were anticipating conflict on the seas, which is certainly not what we want to see, nor do we want to see people put at risk because they have to travel further or spend more time on the water to catch their harvest. However, it is that consultation that is missing in the bill, which is what the Senate was trying to put in there.

I will talk a little about my understanding of conservation versus preservation and conservatism versus socialism, which really came to light for me after I came to the House and participated in a number of debates here.

I come from a conservation background, where we use natural resources in a sustainable way. We take something out of those resources that gives value so that we have something tangible to put back in. Sometimes that can be as simple as a volunteer angler or hunter willing to put his hours back into habitat restoration, whether that be stream restoration for trout, salmon and species that might spawn in those streams or forest restoration for elk and deer. That is how they put something back, and they feel the need to put something back, because they have taken something from it. To me, that is true conservation, and I put that up against the preservation side any day.

The preservation side wants to lock everything up. There is no take. There is no consumption. There is no value received by anyone from locking it up. There may be some views or a little travel through that area, but basically, it is no touch and no take. Nothing is taken from it. What do we have to do to maintain that? We have to take from somewhere else. We need revenue to patrol, enforce and manage the piece that is preserved. To me, when we have to take from somewhere over here to support something over there, it is too much toward socialism, and I certainly hope we are not going to have to go that way.

There are other pieces in the bill that are really troubling. I want to quote from part of it:

The Governor in Council and the Minister shall not use lack of scientific certainty regarding the risks posed by any activity that may be carried out in certain areas of the sea as a reason to postpone or refrain from exercising their powers or performing their duties and functions under subsection 35(3) or 35.1(2).

For a government that claims to be investing billions in science, this paragraph jumped out at me when I first reviewed Bill C-55. That the Governor in Council and the minister shall not use the lack of scientific certainty in doing anything presents to me that they can use any reason they see fit, whether science supports it or not, to make a decision, which is simply unconscionable. I cannot support that type of power and authority being given to ministers of the Crown or their councils. The greatest part of that concern comes from foreign influence in those decisions. We see this continuously.

I mentioned earlier in my speech the consultations that took place on the closure of chinook fishing off the west coast of Vancouver Island. At the time, fishing organizations and local conservationists felt that they were having a reasonably good consultation process with the department about what closures there should be. They were working co-operatively. They were working with the department and the government on what they saw as viable solutions. They put forward their proposals, which they felt would be accepted. What they found out afterward was that there was a strong backdoor lobbying effort by environmental NGOs that wanted to see all fishing completely shut down. That pressure was behind the scenes, behind closed doors. No one knows what it was, because it was all done through ministerial confidence.

Foreign influence could affect the decisions that could be made through that clause saying that the minister does not need scientific evidence. All he needs is pressure from a foreign NGO. That is where I see huge risks in this bill. We had hoped to see more accountability in the reasoning, location and jurisdictional decisions the minister makes on establishing these MPAs.

Earlier today we heard the parliamentary secretary basically denounce the proposed amendments from the Senate, saying that they were redundant and not necessary. I would like to come to that. If they are redundant, they would be easy to step over to go to the next phase. If they showed that one phase of the consultation or assessment process covered off the concerns, when they got to the next phase, which might bring up those concerns again, they could point out, in the individual instances and cases, how those concerns were addressed. I really have a hard time agreeing with the parliamentary secretary's statements about the redundancy and the lack of the need for accountability. Everyone needs accountability from their government. I think that is why people send us here to Ottawa, to this great place. We are held accountable by our constituents back home.

I want to get back to an early draft of the legislation. The process in Bill C-55 is an attempt to speed up the government's ability to reach targets that were set by our government as targets, not hard-set goals but targets. We were working toward achieving those targets through a process of consultation and input from the local communities.

I talked about the marine protected areas that had been established in the north. I will have to apologize to the Inuit people for not being able to speak their language the way they do. There is the Anguniaqvia niqiqyuam marine closed area in the Arctic Ocean. There is the Tarium Niryutait closure also in the Arctic. Those marine closed areas were put in place because the communities wanted them. They saw what was there. They saw the value. However, they only protect against certain things. They protect against cruise ships coming in. They still allow the local harvest to take place for salmon, beluga whales and whatever the local Inuit had traditionally harvested out of those areas. It was a very co-operative process.

We travelled there and met with the chiefs and the band members. They were very proud of what they had achieved, a total opposite to what we have seen take place over the last three and a half years under the federal Liberal government. We saw a spirit of co-operation in the north, a recognition of those indigenous and Inuit values for the establishment of those MPAs. They were very specific about what they were protecting because they had consulted with the local people. The government understood what needed to be protected, what needed to be preserved, how big the area needed to be and what the risks were.

Another big part of what has taken place here is that for some of this, the moving forward with areas of interest and proposals for marine protected areas, there has not been a full identification of risks. There has not even been a basic identification of those risks. One of the things that came forward in the Senate amendments was that there would be an identification of the risks, the features and the species that might be involved in the marine protected areas.

Over the past couple of years, the fisheries minister has been questioned about MPAs, their enforcement, implementation and so on. One of the things that came out of the study we did, which was basically a unanimous report, was:

That, when identifying new areas of interest for marine protected areas, the Government of Canada evaluate net economic and social values and responsibilities, including cost of patrol and enforcement in Canada, particularly for remote marine areas.

The minister's response to this recommendation merely acknowledged that enforcement was an expense.

Last September, the minister's own national advisory panel, established to give advice on establishing marine protected areas, also recommended “That the government identify long-term, permanent, and stable funding for marine protected areas”. The minister's response to the advisory panel failed to even mention funding or resources for marine protected areas. It is unbelievable. It was mentioned in the committee report and in his own advisory panel's report and the minister did not even acknowledge it in his response.

DFO's 2019-20 departmental plan states that the department will provide enforcement in MPAs through the National Fisheries Intelligence Service, NFIS. However, the purpose of the NFIS, according to DFO, is large-scale fisheries offences, not habitat protection for pollution offences. The minister, through his department, is handing off patrol and enforcement of MPAs to the National Fisheries Intelligence Service that has no mandate to protect habitat or pollution.

There was no mention of MPA enforcement activities in the federal budgets or supplementary estimates since the fisheries committee and the minister's advisory panel told the government that enforcement activities needed to be funded. The minister knew there needed to be funding around enforcement. He was told that by the committee and by his own appointed panel, yet we saw nothing in the budget for enforcement of MPAs.

In the discussion earlier, I mentioned that local communities felt, in many cases, that they might be the best to patrol and enforce because they were on the water. They are out there anyway, performing their activities, at no real additional cost to the government. Therefore, they could spot the bad guys, the infractions, point out who was doing what at no expense. However, we have seen no program platform put forward, no ideas on how to enforce and increase the patrol of these upcoming MPAs.

It is another area where the government is simply putting out ideas and has no plan on how to follow through and complete those ideas. Without a funding plan for enforcement, the creation of marine protected areas is little more than government announcements and lines on a map. Out on the ocean, on the high seas, it may mean very little.

What is the government's funding plan for enforcement activities in marine protected areas?

I believe there were 24 recommendations from the standing committee's study on marine protected areas. The majority of those were around the consultation process that was needed, the consultation process with fishermen, with indigenous people, the Inuit and with people right across the country, on how it would affect them. I also do not want to forget the consultation that needs to take place with the shipping industry. All of those pieces need to be put together into a very intricate puzzle.

Recommendation 15 states:

That the creation of a marine protected area be founded on clear objectives, the best available science or, in urgent situations, the application of the precautionary principle, all informed by traditional knowledge contributed by the local indigenous communities and fishers that have traditionally operated in the area.

All of these pieces need to be put together. It is simply again the consultation process that needs to take place through the best available science. The recommendation is very clear, except for in an urgent situation, but still through the knowledge of the locals.

The bill has been through the House, the Senate, and amendments were proposed in the House and at committee. Unfortunately, a lot of those amendments were ignored by the government. We now have amendments from the Senate. Obviously, it saw problems with the bill. In that, we can see the bill is flawed. It needs to be improved. How the government intends to do it, I am not sure. The Liberals will probably try to push it through.

Rather than a page and a half of detailed points that the Senate made in its amendment that needed to be corrected, the government's response was to take a butcher's knife to it, send it back to the Senate, with three small bullet points saying that it needed to get this done so it could say that had achieved something, because the Liberals have achieved very little in their three and a half years.

I will conclude by thanking members for being here on a Friday to listen. It is has been an important process. I want to thank the Senate for its study and its committee that put the work into the study.

As I mentioned, even before the government introduced Bill C-55, in fact, months before, I moved the motion that the Standing Committee on Fisheries and Oceans take a look into how marine protected areas were established, the process and procedure for establishing those to ensure the science and consultation was done. The committee did some great work on that. Unfortunately, I do not believe the government has actually followed through on the process.

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May 10th, 2019 / 10:30 a.m.


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Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Madam Speaker, it is an honour to rise today to speak to these proposed amendments from the Senate and the government amendment to those amendments.

I believe all Canadians, myself included, want to see protection for the special areas and species we have in our marine systems, special features like sea mountains, hydrothermal vents, deep-sea gorges and the creatures and species that live in those places. They hold incredible examples of sea life, some of which I have seen as life-size replications at the Bedford Institute of Oceanography in Nova Scotia. Some of those species and replicas are so bizarre and unbelievable looking. They look like they are creatures out of a horror movie, but they live in some of the deep-sea gorges off our maritime coasts.

Those are certainly aspects that we need to consider protecting, but there are other aspects of the bill that have been equally or more concerning, and that is our coastal communities. Our country has been built on our fisheries. The cod fisheries off Newfoundland certainly helped establish that great area of the country and then it became a part of this greater country in 1949. Fisheries on our west coast helped build the province of British Columbia into the strong province it is today. The fisheries continue to be a strong part of the economies there.

Over the past number of months, since the current government came into power, we continually have heard concerns from local communities, not just the fishermen in those communities but the businesses, the people, the schools and the churches, which all rely on the livelihoods of the people who make their living off the sea. We have seen protests in front of the minister's constituency office in the past week by people who are concerned about fisheries closures on the west coast. We saw protests on the east coast when the minister visited there. Lobster fishermen are concerned they will be shut out of areas due to marine protection. We have heard concerns from coast to coast to coast.

However, we did not see that kind of protest and concern in the north, and there was a reason for that. The marine protected areas there were proposed by the local communities, the local indigenous peoples and the local Inuit. They recognized the special features of the areas and the special cultural activities that took place in those areas.

We had an incredible opportunity as members of the Standing Committee on Fisheries and Oceans to do a study on the implementation process for marine protected areas in Canada. I put forward a motion in 2016 that the committee study the process to ensure it was efficient and equitable and that it considered all the processes in place, and possibly being put in place, to establish marine protected areas. I put forward that motion long before the government introduced Bill C-55. That particular study had to be set aside while we did the committee work on the study of Bill C-55. We integrated a lot of the testimony we heard both on the study put forward at committee and the committee study of Bill C-55.

In those processes, we saw the absolute importance of consultation in the process. That is the main thrust of the amendments put forward by the Senate, which are being watered down by the government amendment. The Senate looked at the bill and said there needed to be accountability, openness and transparency, which the government seems to lack. It has a record over the past three and a half years of a lack of accountability and transparency, which is very evident and clear to the Canadian public.

Bill C-55 was put forward with great intentions. It was meant to help the government achieve targets, targets that were set by the previous Conservative government, to achieve a 10% protection of our marine protected areas by 2020. We are getting very close to that, but it is because of the great work and the unequivocal consultation process that have taken place. Yes, sometimes it took five to seven years, or maybe 10 years, to establish a marine protected area, but the ones that have been put in place have been accepted by the local communities for reasons that they saw were important.

In fact, with the ones I talked about in the north, what the local communities up there saw as most important was to try to keep the outside world out of their cultural practices, the way they need to harvest beluga whales to maintain their way of life. It was interesting talking to one of the chiefs up there. He does some travel to represent his community, and he is an incredibly amazing fellow. He talked about how, when he comes to the southern parts of Canada for consultation meetings or meetings with the government, he has to move away from his traditional diet of muktuk, whale, and seal. He said that he could eat three hamburgers for dinner and still feel hungry, and it is not until he gets back home and has a feed of muktuk that he actually feels full and satisfied again. That part of life is so important up there.

That is why the creation of MPAs was put forward in the Tuktoyaktuk and Paulatuk areas of the Arctic coast. The communities saw the values, and the government agreed with those values. The government went through a strong consultation process of including those communities in deciding what the criteria should be, what areas should be protected and what the results for the local community would be as far as activities are concerned, such as what harvest would be allowed in those areas. Those are examples of what was taking place under the previous rules and the previous government: strong consultation, strong input and strong collaboration with the local communities.

I want to go back to the mention of the protests we have heard about. As the Standing Committee on Fisheries and Oceans, we travelled to all coasts of this great country. We started on the east coast, in the Maritimes, and travelled to Newfoundland, Nova Scotia and New Brunswick. We talked to the people on the ground. They were all concerned for their communities, not because of closures but because of how the closures might be done. They wanted input. They know the local features and the local values of what is important.

After we finished touring the Maritimes, we toured the west coast and the north. We talked to fishermen on the west coast, and again, they wanted input. There was talk of closures of areas off the Pacific coast. There was one area that was referred to locally as “the kitchen”, because that was where the local fishermen went to catch the greatest portion of their total allowable catch for halibut. The halibut were there in such high numbers that the fishermen could go out safely in good weather, catch their quotas and come back. That area has been fished continuously for decades. It is highly productive and highly sustainable, and yet they feared it was being considered as a marine protected area. This would have meant that, rather than going out for just a short time in a highly productive area, they would have had to travel further distances to unknown territories, where the catch was uncertain, and possibly spend more days out there through more inclement weather, putting their crews, boats, livelihoods and lives at risk, all because they had not been consulted.

That is the continuous testimony that we heard, time and time again, both in the study that I put forward at the Standing Committee on Fisheries and Oceans, and in the committee's study on Bill C-55.

Again, all Canadians want to see the special areas protected, but they want to have some input on what those special areas are and how they are protected. They also want to know what is being protected. That was part of what was in the Senate amendment, that the areas and the habitat and species that were in those proposed areas be identified before the closures are put in place.

Going back to the way Bill C-55 is worded with regard to areas of interest, certainly the parliamentary secretary talked about MPAs, which would still have the full consultation process in place, but areas of interest would not. The full consultation process happens only after those areas of interest are established.

Areas of interest also include closures and restrictions, whether it is shipping restrictions, fishing restrictions, boating restrictions, bottom use, and oil and gas exploration and development. All of those restrictions can be in place almost instantly with an area of interest designation.

For the parliamentary secretary to say that there are no shortcuts being taken with Bill C-55 is absolutely preposterous.

The weeks, months and sometimes years required to make sure that the multiple, complex and intricately connected pieces of MPA puzzles are put together properly are so important. It is not something that can be rushed, just so we can meet an international goal, to be in the spotlight on the international stage. Canada has led the way in this in many ways. As I have said, we have almost reached the 10% target. We reached the 5% by 2017 quite comfortably by identifying other protective measures that come into place that actually protect the features of an area.

Rockfish closures off the coast of B.C. were put in place long ago, because those areas were recognized as special spawning and rearing habitat for the core values of those populations. By allowing those rockfish closure areas to be established and reducing the amount of harvest in those key productive areas, the spill-off from those areas goes into many other areas of the ocean around the area, allowing other fisheries to continue outside of those local areas. Those are the types of things that really work.

What we have seen from the government is empty consultation, time and time again. Last year, we saw examples of how it had consulted for weeks and months, I believe, on the snow crab closures off the Atlantic coast. It established a process working with the crab fishermen to determine when the openings would take place, all in the aspect of protecting the right whale from the entanglements that were taking place. Nobody wants to see any of those deaths occurring from fishing ropes or from equipment that is in the water. Those measures were strongly valued and respected, because consultation took place.

At the same time, lobster fishermen had not been consulted. They had closures slapped on them with no notice. Basically, they were ready to go out on the water and set their traps, and they were told no, there are closures. They were frustrated by the lack of consultation by the government, by the fisheries minister and by his staff.

As recently as last year, we saw fisheries closures on the west coast to protect the southern resident killer whales. That is something we all value. We see the world value in protecting that population of southern resident killer whales.

There was strong consultation supposedly taking place with the fishing communities on the south coast of B.C., on Vancouver Island, and input supposedly being received by the department staff on where the proposed closures should be, on what time frame those closures should be and on the type of gear restrictions. All of that process seemed to be working, but then, when the fishing season was upon us, lo and behold, the fisheries minister announced totally different closures, totally different boundaries, focusing fishing pressure in a small area. Rather than spreading out the fishermen and their access over a slightly larger area, which had been proposed by the fishermen, all of a sudden everyone was constrained in a very tight area, and all the fish were coming past that very tight area.

In fact, I had the opportunity to be out there and experience this. The person I went out with said that we were lucky to be there after a long weekend. When we were there, there were about 25 or 30 boats all hemmed up against an invisible line in the ocean, drawn by the fisheries minister to protect the area north of it. There were the boats, side by side, all crammed into one small area, rather than being dispersed throughout a much broader area. However, on that day, there were only 25 to 30 boats. Apparently, on the long weekend prior to that, there were 200 boats in that same area. I cannot imagine the impact that this type of concentrated pressure would have. I have seen this in my work with fish and wildlife management. I have seen fishing and hunting pressure, shortened seasons, condensed pressure into shorter and shorter time periods. Instead of dispersing it over wider areas, it has been concentrated into a very short time frame, making the harvest that much higher. The concentration in that short period of time is so intense that it is just not workable.

We do not want to see that with marine protected areas, just to meet a target number for areas that need to be covered to meet international and not necessarily Canadian standards. Again, as I mentioned, the government seems to be in a big rush to get the spotlight on the world stage by meeting these targets by a set deadline, rather than doing it through a consultative and considered way with local communities that have a desire to meet those standards. The cases of conservation that I have talked about, the compression of seasons and the compression of areas, the intense pressure, are simply not good for fisheries or wildlife management or for the protection of our areas.

I want to get back to why the Senate brought this amendment back to the House. I credit the Senate for taking the time to study this, to see the potential risks that were there and to actually try to hold the government to accountability standards, which the parliamentary secretary seems to claim is redundant. Well, redundancy is not necessarily a bad thing. Redundancy can actually be a good thing. We see it in safety mechanisms all over the world. Redundancy means accountability and safety: safety for our communities that rely on our fisheries and access to the oceans, safety for shipping lanes that may need to go through or near an area, safety for the future economy of the country.

I cannot let the government go sliding through with this amendment it wants to put forward and really water down the Senate amendment.

There were a series of recommendations out of the parliamentary study that I put forward at the fisheries committee.

Recommendation 1 states:

That, when identifying new areas of interest for marine protected areas, the Government of Canada evaluate net economic and social values and responsibilities, including cost of patrol and enforcement in Canada, particularly for remote marine areas.

While some of this is in the bill, very much of it is left to regulations that will come out of the bill. We had big concerns with how some of these marine protected areas are going to be patrolled. That was another part of the consultation process we heard in the communities. The communities felt that often the fishermen or local guardians might be best suited to do the patrols and enforcement of those areas. Local lobster and crab fishermen might be best able to identify that a boat does not belong out there and question why it is there. They could be the reporting mechanism for that and could move it forward to the proper authorities for investigation and possibly enforcement.

Recommendation 2 of the report states:

That areas of interest and marine protected areas not be considered in isolation from sustainable fishery management practices.

That really gets back to the rockfish closure areas that I was referring to on the west coast. Those rockfish closures are considered a protective measure to increase the actual square kilometres of areas that are considered protected under the targets of 5% and 10%.

Recommendation 3 states:

That the Government of Canada acknowledge any negative impacts on people who directly depend on the resources of a marine protected area and the Minister use his or her discretionary powers to consider providing offsetting measures in consultation with the fishing industry where loss or harm is proven.

Again, the strong consultation piece is what is measured here. The consultation piece is what is missing in Bill C-55 and what the Senate is trying to put back in through its Senate amendment. Because of that, I am going to be suggesting that we oppose the government's amendment and approve the Senate amendment, because the Senate amendment will place much more accountability on the government.

Recommendation 4 from the standing committee's report states that the minister of Fisheries, Oceans and the Canadian Coast Guard should table an annual report to Parliament that includes a list of Oceans Act marine protected areas designated during that year and information on whether or not each established marine protected area is meeting its conservation objectives.

That has been one area where we have consistently seen the minister's department fail time and time again. The commissioner of the environment and sustainable development has issued a couple of reports over the past year and a half, very damning reports, against the fisheries minister's department. One came out last fall, I believe it was, showing there is a very low level of accountability within the department.

In fact, one of the things in a previous report from the commissioner, dating back over a year ago, was that when the department was audited on whether it had established integrated fisheries management plans for 155 major fish stocks in Canada, which it had committed to do in 1995, it was found that in 2005, 10 years later, the department had only recommitted to developing those integrated fisheries management plans.

The report that came out in, I believe, 2016, which was 10 years after the second commitment and 20 years after the first commitment, identified that the department had still not updated a large number of the integrated fisheries management plans. This was simply to develop integrated fisheries management plans for 155 fish stocks in Canada.

The department's response to the audit showing that it had failed time and time again was to develop a plan to develop those plans. It is absolutely unbelievable. The department failed to develop a plan after committing twice to do so, but it has committed to developing a plan to develop those plans. That is the type of unbelievable accountability that has happened under this fisheries minister and under this government time and time again.

Madam Speaker, I see we are getting close to question period. Do I have a couple of minutes left?

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May 10th, 2019 / 10:30 a.m.


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Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Madam Speaker, the parliamentary secretary stated that the bill did not take shortcuts. That is absolutely and categorically not true. I have sat in the Standing Committee on Fisheries and Oceans since the beginning of this Parliament. In fact, before Bill C-55 was brought to the House, I put forward a motion in committee that we study the process of establishing MPAs in Canada to ensure the process was open, accountable and effective.

This bill would take some shortcuts. It would enable the minister, without consultation, to establish areas of interest, not marine protected areas but areas of interest, that would allow the minister to absolutely shut down these areas for any activity other than what may have been taking place in the last 12 months, without any consultation and without any accountability whatsoever.

I would like the parliamentary secretary to explain how that is not a shortcut.

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May 10th, 2019 / 10:25 a.m.


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Liberal

Sean Casey Liberal Charlottetown, PE

Madam Speaker, we, too, are very grateful to have someone of the calibre of the member for Beauséjour in our caucus and are fully aware of the substantial contributions he made while serving as the minister of fisheries, oceans and the Canadian Coast Guard.

We share the anticipation of the hon. member with respect to the return of Bill C-68 to the House and the speedy passage of Bill C-55, and are grateful for her support in this regard.

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May 10th, 2019 / 10:25 a.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I want to put on the record that I will vote for Bill C-55, the Oceans Act, as it comes back to this place.

This is probably my only opportunity to say something I have been wanting to say for a while, which is that we owe so much to the former minister of fisheries, the member of Parliament for Beauséjour. He worked hard to fix the Fisheries Act, Bill C-68, which I hope gets back to this place soon so we can pass it. I hope it passes in the Senate unamended.

We need Bill C-68 as quickly as possible. We need Bill C-55. Constituents have contacted me, asking me to vote for the Oceans Act, and I will.

However, I wanted to take a moment in the House to extend my best wishes and constant prayers for my friend, the member of Parliament for Beauséjour, the current Minister of Intergovernmental and Northern Affairs and Internal Trade. I thank him for his work. I also thank the current Minister of Fisheries. This is important legislation and I am really pleased to see it have full support of the government.

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May 10th, 2019 / 10:05 a.m.


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Charlottetown P.E.I.

Liberal

Sean Casey LiberalParliamentary Secretary to the Minister of Fisheries

Madam Speaker, it is my pleasure today to speak to Bill C-55, an act to amend the Oceans Act and the Canada Petroleum Resources Act. The bill would help protect our marine and coastal areas, and it would bring us closer to our 10% marine conservation target by the end of 2020.

Before I get into the substance of the amendment and the bill, I would like to thank the sponsor of the bill in the other place. I know that it is because of her passion for protecting our marine and coastal areas that we are here today debating the bill before we can see it pass and in action providing interim protection for our oceans.

While we commend the work of members of the other place and the important discussions that took place when the bill was under consideration in the other chamber, we are unable to support the amendments that were made at committee and subsequently passed.

However, in debating the motion today, we are proposing an amendment that we believe would capture the intent of the amendment from the other place. The proposed amendment would, first, in line with the amendment on geographical location, require that the geographical location of a proposed area for interim protection be published when an order was made, along with other information relevant and necessary to the order.

Second, as we have maintained, the amendment on consultations by the member of the other place representing Nunavut is indeed already covered by existing legislation and regulations. That is why our amendment proposes to require that consultations undertaken to establish the interim protection MPA be published upon an order being made. We have said repeatedly that consultations are required, so now the government would ensure that we showed that consultations had taken place for the interim protection MPA to be established in the first place.

Discussions in the other place looked at the importance of consultation and engagement, which will continue to be the foundation for establishing all marine protected areas, or MPAs, now and in the future.

Bill C-55 does not weaken our commitment to develop MPAs in collaboration with governments, partners, stakeholders and the public. This bill does not take shortcuts in establishing MPAs. It does not eliminate any steps. In fact, it provides new tools to make sure we are protecting more of our marine environment.

As members know, the purpose of the bill is to allow the optional use of a new mechanism to provide interim protection for an ecologically sensitive marine area and to freeze the footprint of activities in the area following initial science and consultations with our many partners and stakeholders. This freeze on ongoing activities would be in place for five years, during which additional science and consultations would continue as part of the process to establish a permanent marine protected area.

The proposed ability to provide interim protection is a common-sense approach that would respond to the reality that during the seven to 10 years it takes to establish an MPA, nothing is protected. With the new interim protection provision, some measure of protection would be provided, in the spirit of the precautionary approach.

The bill would also modernize enforcement powers, which would bring the act in line with other environmental legislation. These new powers would be important for ensuring the effectiveness of our 13 current marine protected areas and for meeting each of their conservation objectives.

The discussion in the other place on amendments focused predominantly on, one, ensuring that communities most affected were part of the consultation process, and two, fulfilling our duty to consult with indigenous peoples, as required under section 35 of the Constitution.

I would like to assure members of this chamber that our government takes both of these requirements very seriously. Engagement, consultations and consideration of socio-economic information and traditional knowledge are fundamental cornerstones to establishing marine protected areas and, indeed, for interim protection under this bill.

I commend the members of the other place for their commitment to these issues and for ensuring that their regions are well represented in the debate on Bill C-55.

We consult and collaborate with a wide range of governments and marine resource users as well as other stakeholders, experts and the public at various stages, including the following: at the outset, to select an area of interest; when gathering information needed about the ecological importance of a sensitive marine area, the socio-economic conditions related to the area and any current or planned activities that may be of concern; when identifying initial boundaries and conservation objectives for an area based on the best available science, including traditional and local knowledge and a risk analysis; and when developing a proposed regulatory approach and studying the benefits and costs of such an approach. There is also a 30-day public comment period when the regulations are pre-published in the Canada Gazette. We consult on an ongoing basis to provide input to the development of the management plan for an area, and of course, MPAs are collaboratively managed with local partners once designated. Furthermore, sections 29 to 33 of the current Oceans Act explicitly outline required consultations.

As pointed out by the sponsor of the bill in the other place, based on an analysis by Professor Nigel Bankes, from the University of Calgary, the change proposed by the member of the other place representing Nunavut is a piecemeal amendment that is counter to the spirit and intent of the proposed interim protection provision. It would only serve to slow down a process where the objective is to do quite the opposite, which is to provide early protection to areas on an interim basis and following the precautionary approach.

Senator Patterson’s amendment and, indeed, his explanation are based on the need to ensure that consultations take place. As I previously stated, sections 29 to 33 in the Oceans Act already provide for this, and all legislation must respect section 35 of the Constitution.

Furthermore, an amendment put forth by the member for Nunavut, which is based on a request from Nunavut Tunngavik Inc. and supported by the Qikiqtani Inuit Association, was passed by the House committee and would ensure that all interim protection orders would be consistent with existing land claim agreements. Therefore, I respectfully suggest that the amendment from the member of the other place is unnecessary. As Professor Bankes stated, it would add requirements to establishing interim protections that are greater than what is required when establishing a permanent MPA and would curtail the application of the precautionary approach.

Professor Bankes writes:

since the amendment is only proposed to apply to the creation of MPAs by ministerial order and not to the process of creating an MPA by Order in Council and regulation, it will arguably be more difficult to use the ministerial order process than the MPA by regulation process.

I hope members will agree that this is neither logical nor consistent with the purpose of the bill. As the parliamentary secretary on this file, it is my view that we cannot continue to allow areas of ecological significance to go unprotected. This bill helps to achieve that without shortchanging consultations with provinces and territories, indigenous peoples, coastal communities and stakeholders.

Many members will recall that in 2012, the commissioner of the environment and sustainable development commented on the slow pace of establishing marine protected areas in Canadian waters. The report stated:

During the 20 years since Canada ratified the United Nations Convention on Biological Diversity, 10 federal MPAs have been established by Fisheries and Oceans Canada and Parks Canada as part of their marine protected area programs. Federal, provincial and territorial governments and non-governmental organizations are collectively protecting about 1 percent of Canada's oceans and Great Lakes through MPAs. At the current rate of progress, it will take many decades for Canada to establish a fully functioning MPA network and achieve the target established in 2010 under the United Nations Convention on Biological Diversity to conserve 10 percent of marine areas.

It is worth noting that we have come a long way over the past four years since our government took office in that we have increased our marine protected and coastal areas from less than 1% to over 8%.

However, the process continues to remain long and comprehensive. It still takes years to establish an MPA, but under Bill C-55, we have an opportunity to provide early protection for sensitive and ecologically significant areas that support the health of our oceans and the coastal communities that depend on them.

The report by the commissioner of the environment and sustainable development also identified the following factors that affected the rate of progress in creating MPAs: prolonged jurisdictional negotiations, including unresolved land claims; a poor understanding by Canadians of the environmental and socio-economic benefits of MPAs; delays in the approval process; lengthy legislative and regulatory processes; and the competing interests of stakeholders.

In terms of the latter point, I will refer to a letter submitted by the QIA, which represents over 15,000 Inuit, regarding the need to ensure that the interim designation process respects the rights of the Inuit. The letter expresses QIA's opposition to Senator Patterson's amendment.

President Akeeagok writes:

The further proposed amendment under consideration...would require the Minister to hold an additional public comment and consultation period before issuing an interim MPA order. We are concerned that this proposed amendment risks undermining the actualization of Inuit rights by conflating the requirement to uphold the rights of Inuit with a broader engagement with the interests of stakeholders. The current version of Bill C-55, sets out the appropriate hierarchy.

West Coast Environmental Law also spoke out against the amendment in its letter dated March 20, 2019. It states:

The proposed amendment would require the Minister to hold a public comment and consultation period before issuing an interim MPA order. We are concerned that this proposed amendment is redundant and, at worst, risks defeating the purpose of the interim MPA order.

Their letter also emphasizes that aboriginal rights and indigenous interests are, indeed, protected by the government’s constitutional obligations and the Oceans Act.

As mentioned earlier, I believe this amendment represents a piecemeal effort to improving consultations and, rather than adding value to the process, is redundant and only serves one single section of the bill.

As Professor Bankes put it:

The result of this amendment, if adopted, will be to create a stand-alone set of consultation provisions with respect to a single section and a single power within the statute. This is not a logical approach to address and improve the standard of consultation, nor an approach that will provide certainty with respect to consultation. It will simply beg more questions than it answers with respect to issues such as what the rules are (or should be) with respect to other powers within this same statute.

I would also like to speak to the redundancy of the amendment regarding the requirement to post the approximate geographical location of a proposed protected area on the DFO website and to make a preliminary assessment of any habitat or species in that area before making an order for interim protection. Let me explain some of the reasons this is redundant.

We already meet the requirement to clearly identify and provide public information on the proposed boundaries for an area to be protected as well as details on the area’s important ecological features, such as its habitat and species.

Developing and making this information available to the public is already required under the federal regulatory process, as outlined in the Statutory Instruments Act and the cabinet directive on regulations.

Marine protected areas are a globally and scientifically proven way to protect marine biodiversity and preserve special marine features. They also help restore our natural capital for the benefit of future generations, supporting the long-term sustainable use of our marine resources and the economic benefits this protection provides. This in turn has a direct and positive impact on coastal communities which rely on healthy oceans.

In short, marine conservation is an essential and integral part of long-term economic planning and helps us better prepare for the impacts of climate change. However, all of this is a moot point if we do not have the right mechanisms in place to establish marine protected areas in a more timely fashion both when and where it is needed. It is simply not acceptable to wait seven to 10 years to protect ecologically sensitive areas in our ocean.

Climate change, global warming and ocean acidification mean that time is no longer on our side, which is why our government has gone to great lengths and held extensive consultations to amend the Oceans Act. I submit that the two amendments put forward by the other place, while right in their intent, will actually hinder the work that needs to be done to protect our marine and coastal areas.

As such, we respectfully reject the amendment by the Senate and propose that an amendment that we believe fulfills the intent of the Senate amendment is accepted. This will help us protect our oceans in a more timely manner while we continue to consult with Canadians, apply the precautionary approach and make scientifically informed decisions.

I trust we can move forward with these important measures that are designed to protect our oceans and coasts for the benefit of all Canadians.

Business of the HouseOral Questions

May 9th, 2019 / 3:05 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

Mr. Speaker, this afternoon we will complete debate at third reading of Bill C-91, the indigenous languages act.

Tomorrow we will begin debate on the Senate amendments to bill C-55, an act to amend the Oceans Act and the Canada Petroleum Resources Act.

Next week the government will be proposing a motion to debate the rising climate emergency across Canada.

At noon on Monday, we will resume debate on Bill C-55.

On Tuesday, we will move on to Bill S-6, the Canada–Madagascar tax convention implementation act, 2018.

Wednesday shall be an allotted day.

Finally, pursuant to Standing Order 81(4), I would like to designate Tuesday, May 14, for consideration in committee of the whole of the main estimates for the Department of Justice.

In closing, mothers who provide love and guidance are present in our lives in many forms. I am thankful to the mother figures in my life. On behalf of the Prime Minister and the Government of Canada, and I am sure all members in this House, I wish all mothers a happy Mother's Day.

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 4:10 p.m.


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Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Madam Speaker, it is an honour to rise today to speak to Bill C-88, an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act, and to make consequential amendments to other acts.

I say it is an honour, but I really question that when I take a look at what this bill is proposing to do. I say “proposing” because I hope we can make changes to it. What we see in this bill is what we have seen in other bills and in actions by the government. Basically, they are anti-resource actions.

The first action we saw on this was in November 2015, barely a month into the government's hopefully very short reign, when the Prime Minister decided to shut down the northern gateway project that would have taken oil resources from northern Alberta to tidewater. Rather than working with the challenges that were identified in that project, the Prime Minister decided, basically unilaterally, without debate in the House and without any criticism of his actions, to shut that down.

People in the north were looking forward to those jobs. People in ports and people right across the country could have benefited from those jobs. However, the Prime Minister made the decision almost single-handedly. Was it single-handedly, or was it a decision by his senior advisers? There was certainly very little input or debate in this House on that decision.

Next was the energy east pipeline, which would have taken high-quality Canadian products, produced and refined in Canada, to meet the fuel needs of eastern Canada. However, instead of allowing that project to proceed, the Prime Minister canned it as well.

Where are we now? We are still bringing in billions of dollars' worth of foreign oil. This foreign oil is produced in countries with lower environmental standards than we have in Canada, with lower human rights standards than we have in Canada and with lower technologies than we have in Canada.

That is the type of choice the Prime Minister and the government have been making. They have been penalizing Canadian resource workers and the companies and businesses that supply the resource sector from right across the country.

A lot of people think that the only jobs affected are those in Alberta or those in the oil sands projects, but those jobs stretch far further than that. I live in the North Okanagan—Shuswap, the south central part of British Columbia, a long way from the Alberta oil sands, but it is very close for some of the businesses and workers in my communities. I visited a machine shop that builds the highest-quality parts and pieces for the oil sector, everything from pipefittings to brackets and attachments used in the oil sector.

When I visited that machine shop and talked to the managers and people there, the pride they took in the quality of products they built, because of the technology that is developed out of the resource sector in Canada, was second to none. They manufacture and machine to a higher quality than anywhere else in the world, and it is because of one thing. It is because we have a strong resource sector in Canada.

They have seen their technology work. They have continuously improved on it. They have decided to go into a niche market of only looking at that top-end, high-quality, high environmental standard, high safety standard product, because there are people and businesses all over the world competing for the 20-year-old technology that is used in some of those countries I just referred to, which have lower environmental standards, lower human rights standards and lower worker safety standards.

The government continues to penalize Canadians for being innovative, for being creative and for taking the risk. They sometimes risk millions of dollars, their personal investments and their family homes to build a business or an industry that is reliant on the Canadian resource sector.

This bill is another step in that direction. The government is taking what we had done in a previous government in reducing the size of bureaucracy, making it easier for projects to move forward still with our the same high environmental standards. Now the Liberals are splitting it up, making it so that a major project like the Mackenzie Valley pipeline would have to go through multiple individual steps all the way through. The bill would do that kind of thing. As I mentioned, Bill C-88 is similar to many other bills in some other ways.

I am very familiar with Bill C-55, the Oceans Act, and the unilateral power that that bill would give to the minister, the unilateral power to shut down activities in an area, regardless of whether there would be scientific evidence as to the effects or not. Bill C-68 does much the same thing.

Bill C-69, which has been referred to as the “never do anything ever again” bill, is now in the Senate, I believe.

Those bills would give unprecedented unilateral power to ministers to make a decision to shut down activities without it being based on science, without it being based on debate.

The other one, which we saw for the first time, was in Bill C-68, the Fisheries Act. There is a paragraph in there that says that the minister on making decisions on a project must consider the intersection of sex and gender into his decision-making process. We saw that clause and it baffled us. What does that mean in a Fisheries Act bill? We also have to wonder what it means in a resource act bill.

The briefing that we received, to summarize and really simplify it, meant that any project moving forward had to look at the impact of outside workers coming into a community, for example, the impact of growth in the community, the impact of, as I said, sex and gender in the project. That did not seem too bad, all in itself, until the Prime Minister actually was questioned on it and started referring to resource and construction workers as a threat to communities. I believe he called them “dangerous” and said that they could present a danger to those communities. We heard the outcry from people in communities where they had seen the benefits of those projects. They absolutely could not believe those construction workers could be considered a threat.

We see this trend continuing, with the government attempting to shut down anything that resembles a major resource project. Those projects are going to be needed if Canada is to continue to prosper and thrive as we move forward. We know countries with strong economies create the best environmental conditions and protect their environments better than others. However, the government seems to want to take away anything that would allow benefits and prosperity in our country. We have seen it in the government's previous budgets, in which it attempted to attack small business or attack family farms and the succession planning of small business to pass their family businesses and farms on to their family members. It would cost them as much as four times higher to sell the family farm to a family member than to a total stranger or a foreign entity. It is an absolutely atrocious attack on small business and family farms.

Elections Modernization ActGovernment Orders

October 26th, 2018 / 12:50 p.m.


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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, it is always a good day when we can stand in the House and talk about electoral reform. This piece of legislation is so important. The government says this is a critical piece of legislation that is significant and important to the government. It is so important that the Liberals have once again forced closure on debate.

Let me refresh the memories of those who are paying attention and those in the gallery. It is a packed gallery today on a Friday, which I am glad to see. I know there are many Canadians listening in to this riveting debate and this speech is going to be another one of those riveting speeches.

In 2015, the member for Papineau was campaigning on the Liberal plan for real change. He said that under their government, they would be the most open and transparent government in Canadian history. We have seen how that is. He also said that they would let the debate reign and then he targeted the former administration and how closure was used and how unacceptable that was and that Prime Minister Harper was silencing Canadians and those they elected to be their voice. Here we sit, and over 50 times closure has been enacted on legislation. Why? Because if the Liberals do not like what they are hearing, then they just pick up their toys and run off to another sandbox, which is sad.

I have said this before, but on a piece of legislation that is so important, I would remind my colleagues across the way and the Prime Minister that the House does not belong to him. It does not belong to those of us who are here. It belongs to the electors, those who elected the 338 members of Parliament to be their voices. When the Prime Minister and his team enact closure, he is essentially saying to Canadians and those who elected the opposition that their voices do not matter. That is shameful.

The government would like us to believe that the electoral changes that were implemented by Prime Minister Harper and his team in the last administration somehow targeted some of our most marginalized Canadians, that they were unfair, and that they were just another way for the Conservatives to attack Canadian democracy. The 2015 election had the highest voter turnout. The changes that our previous administration enacted increased the number of acceptable forms of identification, making it easier for those who might not have a driver's licence or a passport. The changes made it easier for people to vote and say that they are Canadian. We hope all Canadians and members in the House believe that we need to make sure that who is voting is who should be voting. Only Canadians have a say as to who we are electing to govern this beautiful country of ours.

It is important that those who are sitting in the House are here representing Canadians. They are not backed by, let us say, foreign funds. It is really interesting that we listen to talking points time and time again. The gentleman from Sackville—Preston—Chezzetcook stands and is very animated. I love listening to his speeches and love that he ties it back to his community. I have to take a moment to remind everyone that it was his family that received a lucrative surf clam quota from the former fisheries minister.

Open and transparent? What is transparent is that if people have Liberal connections, they get the quota. If people have Liberal connections, they get the appointment. For those who are connected to the Liberal Party in any way, and it might be a foreign entity, Liberal legislation is geared to helping them out, whether it be Bill C-68, Bill C-69, Bill C-55, or what we are now seeing, Bill C-76.

In 2015, a total of 114 third parties poured $6 million into influencing the election outcome, and many of those third parties were funded by U.S.-based Tides Foundation. That should strike fear in every Canadian.

If I seem a little more animated than I normally am, it is because there was an organization called Leadnow. In 2015, Tides Foundation donated $1.5 million U.S. to Canadian third parties, such as Leadnow. Leadnow actually, right after the election in 2016, won an international award. Canadians can go to their website, www.leadnow.ca. I cannot guarantee that the report will be on there after this debate, but it is on there now and the pictures are on there. It proudly boasts how it organized and funded, dollars going into Canada, the third-party groups. I know some of my colleagues across the way are quickly going to their iPads and iPhones to check this out right now.

There is a picture of Leadnow receiving an international award for defeating Stephen Harper. It proudly boasts that this is how it did it. It had hundreds and hundreds of paid volunteers. “Paid volunteers” is an oxymoron. It sounds like they are in the military, except if they were in the military under this Liberal government, they would be asked to do more but would not necessarily be paid for what they did. Their sleeping bags would be taken away, as well as their rucksacks. They would be given used aircraft.

These paid volunteers went all over the place to 29 target ridings, ones where they thought Conservatives would be the most vulnerable. They hammered the ridings with all of their media, all of the fliers. They went to universities and all of these groups, and they said that we have to get out the dirty Cons, and this is the way to do it. There was Fair Vote, www.fairvote.ca and www.votetogether.ca/. They always use the .ca to make it look like they are Canadian companies. It was all funded by U.S.-based companies.

My riding was one of those ridings they targeted. They succeeded in 25 of those 29 ridings, but they did not take my riding. I challenge them to come back.

For those who are listening, this is very real. It is not that we are trying to be divisive or to sow the seeds of fear. This is real. Canadians should pay attention to where that money is coming from, whether it is Greenpeace, WWF, or the Tides Foundation, all of whom are based on making the planet a better place.

Many of the people who are those organizations' senior offices take up senior positions in the government. What did Gerald Butts do previously? He was president and CEO of WWF, the World Wildlife Foundation. Where do they get the core funding? It is the Tides Foundation, which is calling the shots for the guys across the way, and probably setting all the policy objectives in some of our most senior cabinet ministers' offices, all tied to foreign-funded groups with an agenda.

What we see with this bill right here is payback. What we see with Bill C-68 is payback. What we see with Bill C-69 is payback. What we see with Bill C-55 is payback.

I have heard fishermen and fishing industry organizations say they cannot get a meeting with the minister unless they go through an NGO. That is shameful.

Going back to this bill for my last 10 seconds, the only people who matter, the people who matter the most, are those who elect us here. They should be Canadians. We stand here for Canadians. Canadians should have a say on who votes and who represents them. They should also have a say in the debate.

Federal Sustainable Development ActGovernment Orders

May 30th, 2018 / 7:55 p.m.


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Conservative

Erin O'Toole Conservative Durham, ON

Mr. Speaker, this is an interesting debate in that there are rare occasions when I agree with the government. There are elements of Bill C-57 I am in agreement with, but I am going to talk about some concerns about the ideological creep of the Liberal Party into the legislation of Canada. By “ideological creep”, I do not refer to any hon. members. I refer to a creeping barrage of ideology that is actually not rooted in science. The Minister of Environment and Climate Change is seemingly unaware of global concerns with respect to some of the things being put in legislation.

Why I agree with elements of Bill C-57 is that they are rooted in the work of the last Conservative government. In 2008, as my colleague from Perth—Wellington mentioned, the Conservative government passed it. There was a lot of good work done by John Baird at that time, and it has been continued. That is the basis of the Federal Sustainable Development Act. It is based on the sustainable development goals the United Nations started with the Rio declaration, right through to the UN agenda 2030. We certainly see a benefit to many social and economic considerations going into the sustainable development goals of a country.

When looking at an environmental plan, considering economic aspects of that plan, the impact on communities, and social development is prudent as one is planning. There are many departments within the federal government planning to meet the sustainable development goals articulated by the UN, and they are coming up with plans to do that.

I would note that the government has appointed a commissioner, who I wish well in her role, Ms. Julie Gelfand. We all wish her well in terms of working with federal government departments, particularly the Department of National Defence, which has large tracts of green space and lands in Canada, to make sure that we minimize the impact on the environment, make our operations sustainable, and operate with the future in mind of handing over the country we inherited to our children. There is a lot of agreement on that, and I will agree with those goals in this legislation.

I have three areas of concern I am going to keep my remarks to, because I do not like spending too much time on agreement with Liberals in this place. My friends will start questioning my loyalty.

The first area is the typical Liberal approach. There has been concern expressed by my colleague, the member for Abbotsford, and others that it seems the minister is going to continue to expand the paid advisory councils the government will rely upon. We know, going back to the days explored by Justice Gomery, that when there are gatherings of advisers, on a range of issues, being paid and being dependent on contracts and the goodwill of the government, it actually breeds a lack of accountability. We have already seen that, with the Prime Minister being the first sitting prime minister in Canada to have been found to have violated ethics legislation that governs this case. The finance minister has two pending investigations.

We do not think there should be that approach, with these friends of the Liberals being paid advisers. That should be arm's length, and we should rely upon Ms. Gelfand and her department to provide that advice. We have exceptional civil servants, so I do not like the approach we see the Liberals resorting to too often.

I commented that there are elements I said I agree with in Bill C-57. They are certainly rooted in the work done by the Conservative government, such as instilling the polluters pay principle and a number of tangible things that will have benefits. They will show that everyone in our country, including corporations, will need to be good and responsible stewards, and those principles enshrine that.

However, there has been a lot of window dressing from the government when it comes to the environment. We almost groan when we hear the minister say that the environment and the economy go together. It has just become rote language. However, I want to show how it is now also window dressing.

The minister herself said, in debate on Bill C-57, that the bill “would shift focus in the Federal Sustainable Development Act from planning” to reporting results. If we are looking at reporting results when it comes to our environmental goals and sustainable development, what were the comments of Julie Gelfand in her first appearance at committee on Bill C-57, and later, her comments with respect to the government's environmental plan?

If we are trying to say reporting results is what the government wants through this legislation, what did the Commissioner for Sustainable Development report on the government's progress on the environment? Here is her report on results:

We concluded that Environment and Climate Change Canada...measures to reduce greenhouse gas emissions contained in this plan had yet to be implemented.

She went on to confirm that the government “did not make progress” with respect to any of its greenhouse gas emission targets. This is another case of the Liberals talking a very good game—whether in legislation, whether in debate outside of the chamber—but if we look at results, which is what the minister wants the bill to do for all departments of the federal government, we see they are failing. The commissioner actually reported a failing grade to the government.

If we combine that with the Auditor General's most recent report, which says that under this government there is basically no ability to implement projects, it should concern all Canadians. I know it concerns many of the civil servants who have had trouble getting paid and families having to help out their children, but it is a fundamental thing when the Auditor General in such strong language calls out the Liberals' inability to actually implement projects.

I hope the minister moves beyond the rhetoric of “the environment and the economy go together”, because we want to see results. Rhetoric we get enough of. We want to actually see some tangible results, and if Bill C-57 can do that, I am very happy that it will be part of our sustainable development discussion for the next number of years.

My final concern is the ideological creep that I see with the government, because in a similar fashion to Bill C-55 on the oceans act, this bill also creeps the precautionary principle into federal legislation. The old approach of the Conservative government enshrined the polluter pay model, and it is very obvious what that is: if there is an impact on our environment that is negative and it is clear who the polluter is, the polluter will pay to remediate that impact on our environment. The polluter pay principle is in this legislation, but Liberals are inserting the precautionary principle, and that is troubling because it is pseudoscience. The precautionary principle actually says, “Let us not wait until we have final scientific evidence to make public policy; let us just make it if we feel good.”

I will illustrate this with a quote. I know the front bench of the Liberal Party enjoyed their trip to see President Obama. They were downright giddy. What did Obama's chief scientific adviser say about the precautionary principle? He said that the precautionary principle, for all its rhetorical appeal, is deeply incoherent.

If we are talking about sustainable development and goals, we should be talking about science-based evidence. That was something the Liberals used to say in opposition a lot, but now in several pieces of federal legislation they are enshrining a policy principle that is not rooted in science. It is rooted in rhetorical appeal. It is rooted in feeling good. It is virtue-signalling, something we see every day from the government.

We should see a science-based approach. Whether it comes to sustainable development, our oceans, or marijuana, we should not be legislating and regulating because of an ideological view. While I support the goals of Bill C-57, it is this creeping barrage of Liberal ideology that they are secretly inserting into things. They have a condescension of the left that is troubling to people who have worked in the private sector, people who rely on science and evidence, as I do. Their attitude is that if we do not agree with them, we are somehow un-Canadian, or wrong, or as the Prime Minister says, we are being partisan. Is it partisan to ask for science before making decisions?

I would say in overall support that I am happy that there are elements to work together on, but I would like to alert Canadians to this ideological creep of the Liberal Party, which will set Canada back in the long term.

Bill C-55—Time Allocation MotionOceans ActGovernment Orders

April 25th, 2018 / 4:30 p.m.


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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, it is quite dismaying that the minister has said that most of the speeches have been from the opposition side. Where are the 18 B.C. Liberal MPs? Where are their voices on this? Where are the 32 Atlantic Canada MPs on this? Bill C-55 will absolutely be transformative for our coastal communities. It will financially impact those coastal communities in a negative way.

Bill C-55 would empower the Minister of Fisheries, Oceans and the Canadian Coast Guard to immediately designate marine protected areas by order and to prohibit certain activities in those areas while the areas in question are studied.

Could our hon. colleague across the way please inform the House what provisions are in place through Bill C-55 for any economic losses incurred by the communities and industry in those areas adjacent?

Bill C-55—Time Allocation MotionOceans ActGovernment Orders

April 25th, 2018 / 4:15 p.m.


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Liberal

Jean-Yves Duclos Liberal Québec, QC

Mr. Speaker, I would like to congratulate the member and commend him for his interest and his contribution to the debate. As he well knows, Bill C-55 would correct a major flaw in the current system. The current system has two possibilities, zero protection or full protection, and nothing in between. The in-between matters where we have a presumption that some marine areas need to be preserved and protected. What we would put in place with Bill C-55 would be a regime within which interim protections could be provided. That means that the minister would have five years to consult extensively with Canadians, including indigenous Canadians, and draw upon science in the most extensive, respectful, and efficient manner, and within those five years, there would be interim protections. After five years, a decision would be made as to whether we wanted to permanently protect the area or not protect it at all.

It is a good way forward. There will be more to come with the contributions of the members in this House.

Bill C-55—Time Allocation MotionOceans ActGovernment Orders

April 25th, 2018 / 4:05 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I thank the Minister of Families.

The Minister of Fisheries and Oceans did a great job on Bill C-55. That is not the problem. The problems is that the government is abusing the process by repeatedly imposing gag orders in the House. That is undemocratic.

Could the minister please explain to the House why we need time allocation? This is a good bill. It has been amended. It has gone through committee. It should not need to be forced through. We should be able to have the kind of work in this place which ensures that full debate can take place.

Bill C-55—Time Allocation MotionOceans ActGovernment Orders

April 25th, 2018 / 4 p.m.


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Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Mr. Speaker, I am honoured to rise in the House. Today I heard the Prime Minister say countless times in question period that he defends freedom of expression and he would like everyone to be able to express themselves. However, at the first opportunity, the leader of the government announced that there would be a motion to limit debate and prevent members from speaking to Bill C-55, which is very important.

It is unacceptable to say one thing in front of the cameras and do the complete opposite when the journalists have left and when it is just us here in the House of Commons. The government should be ashamed of itself for using this tool to muzzle people who want to defend Canada's fisheries workers.

Why has the government once again chosen to prevent members of the House from publicly and freely expressing themselves on such an important issue?

Bill C-55—Time Allocation MotionOceans ActGovernment Orders

April 25th, 2018 / 3:55 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, I move:

That, in relation to Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act, not more than one further sitting day shall be allotted to the consideration at third reading stage of the Bill; and

That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Business of the HouseOral Questions

April 19th, 2018 / 3:10 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, this afternoon we will debate the Senate amendments on Bill C-25, business frameworks.

Monday, we will continue second reading debate of Bill C-74, on the budget.

Tuesday and Thursday shall be allotted days.

Wednesday, we will resume third reading debate of Bill C-55, on ocean protection.

Bill C-55—Notice of time allocation motionOceans ActPrivate Members' Business

April 18th, 2018 / 7:15 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Madam Speaker, an agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the third reading stage of Bill C-55, an act to amend the Oceans Act and the Canada Petroleum Resources Act. Under the provisions of Standing Order 78(3), I give notice that a minister of the crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Bill C-68—Time Allocation MotionFisheries ActGovernment Orders

March 26th, 2018 / 4:15 p.m.


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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, it is very rich that the minister stands here today and talks about our first nations. We just had an incredible ceremony for the Tsilhqot'in Nation in my riding. He talks about Bill C-68, his ministry, and how he and other ministers are willing to engage with first nations. The Liberals have a lawsuit with one of the largest first nations in the province of British Columbia, the Lax Kw'alaams, specifically over Bill C-68, and the other bill, Bill C-55, the lack of consultation, of listening, and the first nations assertion that the government is taking its direction from foreign ownership third party groups.

I want to offer the minister another chance to clarify his comments. We are standing today because the government is shutting down debate, not allowing the 338 members of Parliament from all sides to stand and voice their concerns for Bill C-68. Indeed, those who have some serious issues like the Lax Kw'alaams have now launched a lawsuit against the government.

Bill C-68—Time Allocation MotionFisheries ActGovernment Orders

March 26th, 2018 / 1:55 p.m.


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Liberal

Dominic LeBlanc Liberal Beauséjour, NB

Mr. Speaker, I thank my colleague for Port Moody—Coquitlam for his and his party's initial support of this legislation. We look forward to working with them and other parliamentarians in committee to see if the legislation can be improved.

As I said when I spoke in this House, as we did with respect to the Oceans Act, Bill C-55, we are constantly looking for suggestions from Canadians, from other parliamentarians in this House and in the other place, for constructive ways we can strengthen this legislation. That is a process we look forward to having in committee. That is why we think it is important for this legislation to progress to committee where the committee can hear from Canadians, environmental groups, associations representing fishers and harvesters around the country. Of course, we look forward to working with parliamentarians as the legislation gets scrutinized in committee and comes back to this House.

I said the same thing in the other place when I had the chance to go to question period there, and it is something that I am happy to repeat here today.

Fisheries ActGovernment Orders

February 13th, 2018 / 4:35 p.m.


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Liberal

Ken Hardie Liberal Fleetwood—Port Kells, BC

Mr. Speaker, it is a real privilege to speak to Bill C-68 and its amendment to the Fisheries Act, especially given the opportunity I have had for the past two years to serve on the Standing Committee on Fisheries and Oceans.

I want to take a moment to salute all of my colleagues on that committee, because all of them have demonstrated deep concern for the health of our fisheries and the communities that rely on them. We could have different views on what should be done or how it should be done, but the collegial approach to our deliberations has produced recommendations that will stand the test of time. In fact, all of them in one way or another are reflected in this legislation.

I also particularly want to salute our friend and colleague, the hon. member for Cariboo—Prince George, who may be watching, bored to tears, as he is on the mend from a significant health scare. We certainly look forward to getting him back into the saddle again.

A year ago this month, our committee tabled in the House its sixth report, titled “Review of Changes Made in 2012 to the Fisheries Act: Enhancing the Protection of Fish and Fish Habitat and the Management of Canadian Fisheries”. The study was prompted by ongoing concern from a broad range of stakeholders about decisions made by the previous government that, to many, had the effect of stripping habitat protections from 98% of Canada's lakes, rivers, and streams.

Coincidentally, the Standing Committee on Transport, Infrastructure and Communities, on which I also sit, examined the changes the previous government had made to the Navigable Waters Protection Act. Again, most stakeholders reacted to those changes with concern, in the belief that various works could have taken place without environmental reviews.

Throughout these studies, efforts were made to understand the reasons behind the changes made by the Harper government. We felt it was important to ensure that, where appropriate, measures that improved processes while preserving safeguards were maintained in the interest of modernizing the oldest legislation in Canada.

However, our review did shed light on a couple of critical issues.

One of the notable changes made to the act in 2012 was that of focusing its protections on the productivity of fish that are part of a commercial, recreational, or aboriginal fishery, or fish that support such a fishery, rather than on all fish and fish habitat, as was previously the case.

In addition, prior to the 2012 legislative changes, the act contained prohibitions against killing fish by any means other than fishing, and against carrying on any work or undertaking that results in the harmful alteration, disruption, or destruction of fish habitat, a prohibition commonly known as HADD. In 2012, those two provisions were replaced with a single new prohibition against carrying on “any work, undertaking or activity that results in serious harm to fish that are part of a commercial, recreational or Aboriginal fishery”.

As a term, “serious harm” struck many as being very subjective. The committee heard from witnesses who said that it created confusion, leading to uneven application of the regulations at best, or at worst possibly allowing damaging activities to take place.

The 2012 amendments to the Fisheries Act removed the protection for fish habitat from subsection 35(1). Witnesses submitted that this amendment shifted the focus from fish habitat protection to fisheries protection, which offered substantially less attention to fish habitat. Many believed that applying the term “serious harm” only to fish could allow the disruption and non-permanent alteration of habitat.

According to Dr. Kristi Miller-Saunders, a research scientist at Fisheries and Oceans Canada's Pacific Biological Station in Nanaimo, B.C., the requirement for the death of fish to be deemed “serious harm” created a problem. Dr. Miller-Saunders noted that fish that are stressed in one environment could become physiologically compromised but might not immediately die within the habitat where the initial stress took place. Their compromised state could leave them unable to adapt or thrive as they move to new habitats, disconnecting the original stress from the weakening or death of fish.

Dr. Miller-Saunders noted that the 2012 changes might not protect fish stocks that were once abundant but became degraded to the point that they were unable to support a commercial, recreational, or aboriginal fishery. In essence, the fear was that once a stock was no longer useful to humans, it might be left on its own, unprotected.

Our committee heard a great deal about the degradation of the DFO's ability to do the necessary science and to monitor compliance with protection regulations. Thus, when the time came to make changes, yes, indeed a lot of the science would not necessarily have been there.

The hon. member for Beauséjour, Canada's fisheries minister, reported that the number of fish habitat protection officers had been reduced from 63 to 16 in the previous government's final years. He noted that from 2010 to 2015, the Department of Fisheries and Oceans' budget was cut by $35 million, which led to the loss of almost 1,100 positions, including over 300 scientists.

Remediating that situation started two years ago, with the government's initiative to hire 135 scientists to boost the DFO's capacity, and the allocation of an additional $197 million to the department in budget 2016.

Let us go now to Bill C-68 itself. After extensive consultations, and with the standing committee's recommendations, this legislation establishes new criteria for decision-making, one of the key ones being an increased reliance on scientific information, but information bolstered by the traditional knowledge of our indigenous peoples and the experience of our fishing communities. This decision-making would look beyond the commercial factors that appeared to dominate the previous government's approach, to include the social and cultural impacts of the choices we make.

Clearly, this means that we have to talk among ourselves more often: scientists, academics, advocacy organizations, and the people whose livelihood and quality of life depend on our fisheries.

Just as we have to have broad-based processes above the waterline, we have to maintain care and concern beneath the water, care and concern beyond the commercial considerations, to entire ecosystems. Every fish, every plant needs to matter.

A potent tool at the disposal of the DFO and the minister in their decision-making is the application of the precautionary principle, understanding that we may never know conclusively what is behind an emerging situation in the ecosystem, and appreciating that an emergency usually cannot wait for the science to lead us to the fine points of a response. The precautionary principle mandates action.

The government's response, even before Bill C-68, was Bill C-55, which would give the minister the authority to designate interim marine protected areas, allowing time for science to reconcile evidence that we have a potential crisis on our hands.

Of course, Bill C-68 itself would restore protections that were perceived to have been either lost or seriously weakened by the changes in 2012. No longer will we focus on the subjective matter of “serious harm to fish”. No longer will our care and concern extend only to fish that are useful to humans. No longer will we be uncertain about how and where habitats will be protected.

Prohibitions are restored against causing the death of fish other than by fishing, and the harmful alteration, disruption, or destruction of fish habitat. In our standing committee's study, we often heard that we simply cannot consider the impact of each individual project or activity but have to consider the cumulative effects of industrial activities, public works, and recreational projects such as private docks on fish, their habitat, and the freedom to navigate.

At the same time, our committee considered the need to avoid causing undue delay to important municipal works, for example by requiring full environmental reviews for repairs to existing infrastructure. Bill C-68 introduces measures that allow the minister to issue permits for designated project types and to establish standards and codes of practice to provide proponents with more certainty in the planning, scheduling, and implementation of their projects.

I have selected only the issues that stood out in the notes I took at our standing committee's hearings, but many other important and positive aspects of Bill C-68 will undoubtedly be covered by my colleagues as this debate continues.

There is a lot to celebrate in this legislation, and as much as I am privileged to have made a contribution to its creation, I believe that once the process is done, this whole House will be justifiably proud of its passage, because so many of us care so much about the future of our lakes, rivers, streams, and oceans, and all the creatures and people they serve.

Fisheries ActGovernment Orders

February 13th, 2018 / 12:35 p.m.


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Liberal

Karen Ludwig Liberal New Brunswick Southwest, NB

Mr. Speaker, I will be splitting my time with the member for Pitt Meadows—Maple Ridge.

It is a privilege for me to speak in the House on two important elements of the proposed Fisheries Act amendments. Both of these new elements would support conservation of marine biodiversity, and address threats to the conservation and protection of our marine resources and the proper management and control of our fisheries in a nimble and flexible way.

To develop our proposed amendments to the Fisheries Act, we closely considered recommendations from the Standing Committee on Fisheries and Oceans, and we consulted broadly with Canadians, partners, indigenous groups, and stakeholders. In parallel to this important work, we have been advancing efforts to achieve Canada's marine conservation targets, surpassing our government's commitment to protecting 5% of our marine areas by 2017, and moving forward to protect 10% by 2010.

The first of the new proposals under the amended Fisheries Act that I will speak about today responds directly to a need that we identified as part of our marine conservation targets engagement session, while simultaneously contributing to the modernization of the Fisheries Act.

Our government announced on December 21, 2017 that we have conserved 7.75% of Canada's marine space. We worked very closely with our partners at Parks Canada and Environment and Climate Change Canada, provincial, territorial, and indigenous governments, and other indigenous partners and stakeholders to achieve this significant marine conservation milestone.

We continue to do so, as work under our ambitious five-point plan to meet the marine conservation targets continues. This plan includes, one, completing marine protected area establishment processes that were already under way before Canada established its interim 5% target and reaffirmed its 10% objective; two, protecting large offshore areas; three, protecting areas under pressure; four, pursuing legislative amendments that are now known as Bill C-55; and five, most relevant to the discussion at hand, advancing other effective area-based conservation measures.

The term “other effective area-based conservation measures” may sound complicated, and even hard to say, but the concept is simple. It is well recognized and used in international forums. The term refers to managed areas other than marine protected areas that offer real protection to marine biodiversity.

The Department of Fisheries and Oceans developed rigorous science-based criteria for identifying these areas and have used these criteria to evaluate existing fisheries area closures for their contributions to marine biodiversity conservation. Fisheries and Oceans managers and scientists also adhere closely to these criteria when establishing new fisheries area closures that contribute to biodiversity conservation. Using this approach, I proudly recognize the current 51 fisheries area closures as marine refuges that play an important role in conserving Canada's precious marine biodiversity from coast to coast to coast.

Canada's marine refuges include the recently announced offshore Pacific seamounts and vents closure, which protects hydrothermal vents and rare and regionally unique seamounts on Canada's west coast. Off the coast of Nova Scotia, the Emerald basin and Sambro bank sponge conservation areas protect globally unique concentrations of species of glass sponge, known as “Russian hat” sponges.

In Canada's eastern Arctic, the Disko Fan conservation area protects overwintering habitat for narwhal and concentrations of corals. The coral species found there include the bamboo coral, which is one of the slowest-growing and longest-lived coral species in Canada, and which has not been found anywhere else in the world to date.

This is a small sampling of the marine refuges that help to safeguard our unique and valuable marine ecosystems on all three of Canada's oceans.

Currently, marine refuges are established through licence conditions and variation orders made under the Fisheries Act. These tools have an important place in fisheries management, but although they can be for long-term periods, they are not specifically designed to address long-term biodiversity objectives. As we have engaged with our partners and stakeholders on our approach to meeting Canada's marine conservation targets, they have raised this concern, and we have listened.

Under the amended Fisheries Act, a new authority has been proposed, which would allow for regulations to be put in place to restrict specified fishing activities for the purposes of conserving and protecting marine biodiversity. This regulatory tool will be complementary to our marine protected area tool under the Oceans Act legislation. Both tools are used to protect important species, habitats, and features. The main difference between the two tools is that the new regulatory authority under the Fisheries Act would be used in cases where fishing activities pose a specific threat to the important elements of biodiversity that have been identified in an area; whereas a marine protected area under the Oceans Act can be applied to a variety of human uses as needed.

The new proposed authority would provide us with additional flexibility to develop prohibitions that are tailor made to address the protection needs of a particular area. The government would apply this new regulation-making authority to our existing marine refuges, and in doing so would replace the current approach of outlining these fishing-related prohibitions or restrictions in licence conditions and variation orders.

This new approach would secure the biodiversity protections afforded by these marine refuges over the long term. These regulations could also be developed for any new marine refuges moving forward. We take our 2020 marine conservation commitment seriously, but this new regulatory tool would do much more than help us to meet our 10% target.

Marine refuges established under this authority would support our broader marine conservation work, ensuring that our oceans continue to be rich in marine biodiversity and support sustainable use for future generations of Canadians. Marine refuges will play an important role in the marine protected networks which are being developed on all three of Canada's coasts. Their establishment will also support implementation of the policy for managing the impacts of fishing on sensitive benthic areas over the long term.

This targeted regulatory tool to establish marine refuges for the purpose of biodiversity protection would help to modernize the Fisheries Act. It would make it very clear which management measures are contributing to long-term biodiversity protection and, in doing so, would enhance transparency and effectiveness of fisheries management.

I would now like to talk about the purpose of another proposed provision that could be used, among other things, to enhance biodiversity protection. This other amendment would enable my staff to respond quickly and effectively to urgent and unexpected threats to the conservation and protection of fish that may arise in our oceans and put some of our most treasured marine life in jeopardy.

Top of mind for me and many Canadians, when we think about our ocean conservation needs, is the unexpected movement of the North Atlantic right whale population into the Gulf of St. Lawrence, and the unexpected and unprecedented losses of that endangered species that have occurred over the past year. A new proposed tool under the Fisheries Act would allow the minister to put in place targeted short-term fisheries management measures quickly and effectively to respond to urgent threats such as those being faced by the North Atlantic right whale.

When a threat to the conservation and protection of fish arises during the fishing season, we currently issue amendments to the licence conditions and make variation orders. However, just as these tools are ill suited to addressing long-term biodiversity objectives, they are also not designed to be put in place for immediate actions to address all urgent and unanticipated threats. These tools are meant to address issues related to the sustainable use and proper management of fisheries resources. Also, the process to implement a change in licence condition is burdensome, often takes time, and variation orders are limited in scope by the regulations.

Changes to the act would allow us to introduce targeted restrictions to fishing activity in urgent situations. Some of the threats that the North Atlantic right whale faced in 2017 are examples of urgent issues that could be addressed by this tool.

I will conclude by saying that the new proposed tools under the amended Fisheries Act would allow us to respond effectively and flexibly to our long-term marine conservation needs, as well as to unexpected, short term, and urgent threats. These are two pieces of the broader Fisheries Act amendments that I have the pleasure to support today. This is a concrete way to incorporate modern safeguards into a strengthened Fisheries Act.

Fisheries and OceansCommittees of the HouseRoutine Proceedings

December 11th, 2017 / 3:10 p.m.


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Liberal

Scott Simms Liberal Coast of Bays—Central—Notre Dame, NL

Mr. Speaker, I have the honour to present, in both official languages, the 12th report of the Standing Committee on Fisheries and Oceans in relation to Bill C-55, an act to amend the Oceans Act and the Canada Petroleum Resources Act.

The committee has studied the bill and has decided to report the bill back to the House with amendments.

Budget Implementation Act, 2017, No. 2Government Orders

November 6th, 2017 / 12:25 p.m.


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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

There we go, Mr. Speaker, she answered the question. That is exactly what I said the Liberals are worried about, their brand. She said that it was because of their “brand”. Oh my gosh, the arrogance is staggering.

Let me speak first to this “FYI”. It is not about the brand of the Prime Minister, it is about the policy that impacts Canadians. We know that 80% of Canadians pay more tax under the current government than they did with us.

Let me also talk about the consultations of the Liberals. Whether it is with respect to Bill C-63 or Bill C-55, Canadians are saying that the current government is not listening to them. Therefore, in my file on fisheries, oceans, and the Canadian Coast Guard, time and again, Canadians, whether they are our first nations, stakeholders, fishermen, or farmers, those people at the grassroots are telling us that the Liberals are not listening. They are more worried about their brand than they are about Canadians. That is the problem.

Transport, Infrastructure and CommunitiesCommittees of the HouseRoutine Proceedings

October 16th, 2017 / 6:20 p.m.


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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, I want to thank our hon. colleagues for their speeches and their interventions in the House today, and on Bill C-48.

I listened to the debate intently, and heard it over and over again. It is very similar to what we have heard from the government time and again, whether it was on Bill C-55, which was earlier today, on the marine protected areas, or electoral reform, or the tax measures that the government proposed earlier on and is now backtracking on. It is very interesting. It comes down to consultation. It comes down to the fact that this has nothing to do with really banning tankers on the west coast, but has to do with slamming shut anything to do with a pipeline to get our product from the Alberta oil sands to the west coast and to get our product to other markets.

I should be really clear that there are approximately 4,000 ships or vessels each year that go in on the east coast, in terms of oil or petroleum-based tanker traffic. On the west coast, oil or petroleum-based tanker traffic represents less than 1% of the vessels that are arriving and departing off the west coast ports which is about 200,000 vessels each year, using 2015 numbers.

It was about 1,487 vessels total for 2015. It is interesting, and I know that other speakers have mentioned this, that it is okay for over 4,000 vessels each year, to go in through the east coast with over 600,000 barrels a day of foreign oil from some of the worst contributors of human rights violations in the world. It is okay for us to be reliant on foreign oil, but far be it for us to be self-sufficient and actually be able to get our product to market on the west coast.

This is really about shutting down the opportunity of the pipeline that was going through my riding of Cariboo—Prince George, one that had a lot of first nations' support. A lot of first nations became equity partners in this program that could have lifted some of our most vulnerable communities up. Instead what we are seeing is that those opportunities have gone away. Just recently, the Hereditary Chiefs' Council of Lax Kw'alaams, which is a community that would have been impacted by this, came out publicly and said, and there have been many who have been mentioned as well:

....we categorically reject interference of outside environmental NGOs (especially those foreign-based) who appear to be dictating government policy in our traditional territory.

That is talking about why we are moving so quickly to implement this tanker moratorium.

Canada has the largest coastline, over 243,000 kilometres. We also have some of the most stringent safety standards. I want to talk about some of those safety standards that we have. We have marine inspectors who board oil tankers that ply Canadians waters to make sure that they have double hulls. We do that because, as has been mentioned before, of the terrible, disastrous incident that happened with the Exxon Valdez in 1989. After that, the global oil shipping industry made a 25-year phase-out plan that banned single-hull ships. As of 2010, there have been no single-hull ships, massive tankers that have been shipping oil, plying the waters of Canada. There have been no single-hull tankers. We have marine inspectors who go out and check that.

Again, a lot of times the Exxon Valdez incident is used to shut down pipelines or have tanker moratoriums. It is used to anger and facilitate a lot of opposition in these areas.

Interestingly, the Liberal government approved Trans Mountain or Kinder Morgan. It said that it approved it, but we have not seen anything about it. That will facilitate 900,000 barrels of oil per day to that west coast port that is right among communities, and an interior passageway, and that is okay. However, to have an economic development project in the northern part of our communities, one that was critically important and had national interest, was nixed.

I look forward to the next nine minutes or so that I have to speak the next time that this debate comes up.

Business of the HouseOral Questions

October 5th, 2017 / 3:10 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, this afternoon, we will continue the debate we began this morning on the NDP opposition motion.

Tomorrow, we will begin debate on Bill C-57 on sustainable development.

Next week, members will be working in their ridings. When we return, we will resume consideration of Bill C-55 on the protection of oceans.

On Wednesday, we will resume debate on Bill C-57. Lastly, Tuesday and Thursday of that week shall be allotted days.

Since we will be in our constituencies next week, I wish everyone a happy Thanksgiving with friends, family, and loved ones.

Bill C-48--Time Allocation MotionOil Tanker Moratorium ActGovernment Orders

October 4th, 2017 / 3:55 p.m.


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Conservative

Candice Bergen Conservative Portage—Lisgar, MB

Mr. Speaker, I am disappointed in this, and we as a party are offended.

There was an agreement made two and a half weeks ago when this session started that we would work together with the government and not be obstructionist, but work to help pass bills that we were able to support.

The result so far is that the government has passed Bill S-2, C-21, C-47, and Bill C-58 all without time allocation, and progress was being made on three more bills, Bill C-55, C-57, and C-60.

There was one bill that we said we had a lot of interest in and would like to have enough time for all of our members to be able to speak, and that was Bill C-48. Now the House leader has broken her word. There is no other way to interpret this. If this is the way she is going to start this session after we have worked in such good faith for the last two and half weeks, all the members know that it will be a case of here we go again: a repeat of the failure we saw in the spring session.

Where in the world is the House leader's integrity and ability to keep her word?

Oil Tanker Moratorium ActGovernment Orders

October 2nd, 2017 / 4:50 p.m.


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Liberal

Pam Goldsmith-Jones Liberal West Vancouver—Sunshine Coast—Sea to Sky Country, BC

Mr. Speaker, certainly we take our sustainable development goals obligations very seriously, and this provides an opportunity to demonstrate our integrated public policy approach.

Last week we were debating Bill C-55, which would update the Oceans Act, after 20 years, and would deliver on our government's commitment to marine protected areas. Canada has fallen quite far behind in that regard, but our government is committed to expanding that to include 10% of our coastlines. We are well under way, and that is, of course, well reflected in the fact that we would also bring a ban on oil tankers on British Columbia's northern coast.

Business of the HouseOral Questions

September 28th, 2017 / 3:05 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I am sure my colleague across the way will be happy with what we are about to say.

We will continue today with second reading of Bill C-47, the Arms Trade Treaty. When the debate is completed, we will then proceed with Bill C-55, the protection of Canada's marine and coastal areas. Tomorrow we will return to Bill C-55.

The business for Monday and Wednesday next week will be Bill C-48, the oil tanker moratorium bill. Tuesday and Thursday shall be allotted days.

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, this afternoon, we will continue this morning's debate on Bill C-47 regarding the Arms Trade Treaty. Tomorrow we will begin debate at second reading of Bill C-58, an act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other acts.

We will continue with consideration of Bill C-58 on Monday and Tuesday next week.

On Wednesday, we will commence second reading debate of Bill C-55, the bill to enhance the protection of Canada's marine and coastal areas.

Next Thursday, we will resume debate of the bill before us today, Bill C-47.

In response to the opposition House leader's question, my hon. colleague knows very well there are seven opposition days in the fall, and we will have more information for her in regard to scheduling. We figured, with all of us coming back to the House, it would be kind of us to let the opposition settle in, and get the government's business ahead, but I look forward to continuing to work together.

Oceans ActRoutine Proceedings

June 15th, 2017 / 10:05 a.m.


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Liberal

Jane Philpott Liberal Markham—Stouffville, ON

moved for leave to introduce Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act.

(Motion deemed adopted, bill read the first time and printed)