Bill C-55 (Historical)

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

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.

Second Reading

[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 Act

[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 Act

[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 Act

[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.

[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.

[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 alway 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.

[Mel Arnold, Conservative, North Okanagan—Shuswap, BC]

There's lots of discussion around the witnesses and bringing them in for more than one study at a time. We have a number of studies now in the queue. When the time comes to hear testimony that we feel may is pertinent to another study, I hope that we will make note of that, ask the analysts or seek the support of the committee to include this testimony in studies further down the road.

We did some of that in the last Parliament with the study on marine protected areas and the study of government Bill C-55. We shared that information back and forth between those studies. I believe there was one other. Hopefully we will be able to get agreement within the parties to share information and testimony between studies.

I think we should get the salmon study and the herring bait study under way as soon as possible in order to make the best use of the analysts' time and ours. That's what I would support.

Resumption of Debate on Address in Reply

[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.

[Kevin Lamoureux, Liberal, Parliamentary 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 Act

[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 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.

[Terry Beech, Liberal, Parliamentary 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 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. Secondly, there is consultation fatigue, particularly among communities living in northern B.C. and with coastal first nations, after many years of reviews and studies.

A non-comprehensive list of these reviews include 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 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 taken 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 of these reasons, the government is proposing to accept the Senate amendment but in a modified form. We accept the adding of a parliamentary review in five years would come 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.

[The Assistant Deputy Speaker, Liberal, 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.

[Bob McLeod]

In my mind, it will. Along with co-management of offshore negotiations, we have already done a study showing that it is both possible and feasible to go north. The Beaufort Sea used to be ice-free six weeks a year. Now it is ice-free 20 weeks or more a year. Bill C-48 only applies to the B.C. coast. We're concerned about Bill C-55. We understand that the Senate has passed an amendment so that the government has to consult before it imposes marine protected areas.

We think we're in a good position for that, going forward. We've had some discussions with other jurisdictions. We have a railway that goes to Hay River. We own a barging company now. We would have to look at some offshore off-loading and on-loading facility. We have a road to Tuk, so we have access to tidewater.

Oceans Act

[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.

[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.