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

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

Part 1 enacts the Impact Assessment Act and repeals the Canadian Environmental Assessment Act, 2012. Among other things, the Impact Assessment Act
(a) names the Impact Assessment Agency of Canada as the authority responsible for impact assessments;
(b) provides for a process for assessing the environmental, health, social and economic effects of designated projects with a view to preventing certain adverse effects and fostering sustainability;
(c) prohibits proponents, subject to certain conditions, from carrying out a designated project if the designated project is likely to cause certain environmental, health, social or economic effects, unless the Minister of the Environment or Governor in Council determines that those effects are in the public interest, taking into account the impacts on the rights of the Indigenous peoples of Canada, all effects that may be caused by the carrying out of the project, the extent to which the project contributes to sustainability and other factors;
(d) establishes a planning phase for a possible impact assessment of a designated project, which includes requirements to cooperate with and consult certain persons and entities and requirements with respect to public participation;
(e) authorizes the Minister to refer an impact assessment of a designated project to a review panel if he or she considers it in the public interest to do so, and requires that an impact assessment be referred to a review panel if the designated project includes physical activities that are regulated under the Nuclear Safety and Control Act, the Canadian Energy Regulator Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act;
(f) establishes time limits with respect to the planning phase, to impact assessments and to certain decisions, in order to ensure that impact assessments are conducted in a timely manner;
(g) provides for public participation and for funding to allow the public to participate in a meaningful manner;
(h) sets out the factors to be taken into account in conducting an impact assessment, including the impacts on the rights of the Indigenous peoples of Canada;
(i) provides for cooperation with certain jurisdictions, including Indigenous governing bodies, through the delegation of any part of an impact assessment, the joint establishment of a review panel or the substitution of another process for the impact assessment;
(j) provides for transparency in decision-making by requiring that the scientific and other information taken into account in an impact assessment, as well as the reasons for decisions, be made available to the public through a registry that is accessible via the Internet;
(k) provides that the Minister may set conditions, including with respect to mitigation measures, that must be implemented by the proponent of a designated project;
(l) provides for the assessment of cumulative effects of existing or future activities in a specific region through regional assessments and of federal policies, plans and programs, and of issues, that are relevant to the impact assessment of designated projects through strategic assessments; and
(m) sets out requirements for an assessment of environmental effects of non-designated projects that are on federal lands or that are to be carried out outside Canada.
Part 2 enacts the Canadian Energy Regulator Act, which establishes the Canadian Energy Regulator and sets out its composition, mandate and powers. The role of the Regulator is to regulate the exploitation, development and transportation of energy within Parliament’s jurisdiction.
The Canadian Energy Regulator Act, among other things,
(a) provides for the establishment of a Commission that is responsible for the adjudicative functions of the Regulator;
(b) ensures the safety and security of persons, energy facilities and abandoned facilities and the protection of property and the environment;
(c) provides for the regulation of pipelines, abandoned pipelines, and traffic, tolls and tariffs relating to the transmission of oil or gas through pipelines;
(d) provides for the regulation of international power lines and certain interprovincial power lines;
(e) provides for the regulation of renewable energy projects and power lines in Canada’s offshore;
(f) provides for the regulation of access to lands;
(g) provides for the regulation of the exportation of oil, gas and electricity and the interprovincial oil and gas trade; and
(h) sets out the process the Commission must follow before making, amending or revoking a declaration of a significant discovery or a commercial discovery under the Canada Oil and Gas Operations Act and the process for appealing a decision made by the Chief Conservation Officer or the Chief Safety Officer under that Act.
Part 2 also repeals the National Energy Board Act.
Part 3 amends the Navigation Protection Act to, among other things,
(a) rename it the Canadian Navigable Waters Act;
(b) provide a comprehensive definition of navigable water;
(c) require that, when making a decision under that Act, the Minister must consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada;
(d) require that an owner apply for an approval for a major work in any navigable water if the work may interfere with navigation;
(e)  set out the factors that the Minister must consider when deciding whether to issue an approval;
(f) provide a process for addressing navigation-related concerns when an owner proposes to carry out a work in navigable waters that are not listed in the schedule;
(g) provide the Minister with powers to address obstructions in any navigable water;
(h) amend the criteria and process for adding a reference to a navigable water to the schedule;
(i) require that the Minister establish a registry; and
(j) provide for new measures for the administration and enforcement of the Act.
Part 4 makes consequential amendments to Acts of Parliament and regulations.

Elsewhere

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

Votes

June 13, 2019 Passed Motion respecting Senate amendments to 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
June 13, 2019 Failed Motion respecting Senate amendments to 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 (amendment)
June 13, 2019 Passed Motion for closure
June 20, 2018 Passed 3rd reading and adoption 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
June 20, 2018 Passed 3rd reading and adoption 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
June 19, 2018 Passed 3rd reading and adoption 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 (previous question)
June 11, 2018 Passed Concurrence at report stage 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
June 11, 2018 Failed 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 (report stage amendment)
June 11, 2018 Failed 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 (report stage amendment)
June 11, 2018 Failed 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 (report stage amendment)
June 11, 2018 Failed 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 (report stage amendment)
June 11, 2018 Failed 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 (report stage amendment)
June 11, 2018 Failed 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 (report stage amendment)
June 6, 2018 Passed Time allocation for 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
March 19, 2018 Passed 2nd reading 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
March 19, 2018 Passed 2nd reading 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
Feb. 27, 2018 Passed Time allocation for 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

Business of SupplyGovernment Orders

February 12th, 2018 / 12:15 p.m.


See context

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Madam Speaker, I am pleased to speak today about the Trans Mountain expansion project.

Last week the Government of British Columbia announced that it would halt the flow of diluted bitumen through the Trans Mountain pipeline pending the outcome of what amounts to be an environmental review. This is in spite of the National Energy Board's 29-month review, the federal government's approval over 14 months ago, the B.C. government's requirement that 157 conditions be met, and the already issued environmental assessment certificate from the British Columbia Environmental Assessment Office.

The project, which twins the existing 1,150 kilometre Trans Mountain pipeline between Strathcona County, Alberta, and Burnaby, B.C., would create a pipeline which increases the capacity from 300,000 barrels per day to 890,000 barrels per day. The expansion project would assure that the Canadian oil industry could reach new markets by expanding the capacity of North America's only pipeline with access to the west coast.

The Trans Mountain project is in the national interest of Canada. The project would inject $7.4 billion into Canada's economy during the construction phase. Oil producers would see $73.5 billion in increased revenues over 20 years. All three levels of government would share $46.7 billion in additional taxes and royalties from construction and 20 years of operation.

According to the Conference Board of Canada's estimates, the project would create the equivalent of 15,000 construction jobs and the equivalent of 37,000 direct and indirect jobs over the years of operation. Direct construction workforce spending in communities along the pipeline route is estimated to be $480 million. Overall, the project would generate more than 800,000 direct and indirect person years of employment during the project development and operation.

Last week the B.C. government, an NDP coalition held thinly together by Green Party members, put the rest of Canada on notice that there would be no oil heading west to tidewater. The Prime Minister reacted to this news by telling us that this was a disagreement between provinces. It has nothing to do with the federal government, he said, and off he went to the United States, abandoning Alberta and B.C. to work it out among themselves. With tens of thousands of jobs on the line and billions of dollars in revenue, Alberta's premier put it best when she told the Prime Minister that this is not a debate between B.C. and Alberta, that this is a debate between B.C. and Canada.

The Minister of Natural Resources said that B.C. can launch further consultations but he assured Canadians that they need to be done in a timely fashion, words that no doubt are inspiring confidence throughout the oil and gas industry, and please note my sarcasm. One might think that the oil and gas industry should adopt a wait and see approach. Perhaps the opposition should simply let things work themselves out, as suggested by the Prime Minister.

One only needs to look at the track record of the government to quickly realize what is going on here. The Liberal government is not interested in supporting the oil and gas sector in Canada. The Liberals will talk a good game; I will give them that. Members on that side of the House will claim they approved the project and they support opening markets for Canadian oil. Then why did the government cave to environmental activists backed by foreign interests by banning tanker traffic on the northwest coast destroying the northern gateway project? Meanwhile, on the east coast, which is dependent on tanker shipments of oil from foreign despots, those same tankers can pull into Atlantic ports but not into Prince Rupert, B.C. It makes no sense.

Then there was energy east. Perhaps everyone will remember that project, the one that would have created 15,000 jobs and injected $55 billion into the Canadian economy. The energy east pipeline would have decreased our dependence on oil from the Middle East and countries with questionable human rights records. The Liberals claimed it was a decision by Trans Canada, that it had nothing to do with the government. It is no wonder these projects fail when we change the rules and pile on endless regulations and more red tape, all done mid-process.

The failure of energy east has nothing to do with any decision taken by Trans Canada. Instead, it was a result of the Prime Minister's mismanagement and failure to champion the Canadian energy sector.

The government is determined to keep Canada's oil, Canada's future, in the ground in northern Alberta. We can at least ship it to the United States, where Canadian producers are forced to discount their product by 30%.

If not pipelines, what is next? Today we rely on road and rail transport to move most of our oil at great risk to communities and Canadians on the road. This was made tragically apparent in Lac-Mégantic in 2013. A terrible event such as that would give us all reason to pause. The existing Trans Mountain pipeline system moves the equivalent of about 1,400 tanker truckloads, or 441 tanker railcars, daily. Expanding the Trans Mountain pipeline would result in safer, more efficient, and more economic shipment of oil between Alberta and British Columbia. Pipelines are safe. They are regulated. They are inspected.

The technology that goes into building and monitoring pipelines today is revolutionary. The Canadian men and women who build and monitor these pipelines, and who live and raise their families in the communities where the pipelines run, know what they are doing. They trust their skills and the skills of their co-workers. The government needs to stop the rhetoric and start supporting the hard-working Canadian families in the oil and gas sector.

I fear that the Prime Minister and the Minister of Natural Resources have made a fatal miscalculation in the standoff between Alberta and British Columbia. The B.C. government says that the proposed ban is designed to forestall any increase in exports via the Trans Mountain pipeline until it is assured the coast is perfectly safe from a spill. The truth is that the B.C. NDP government and its Green Party coalition detest Alberta oil, even though it fuels the productivity of their province. Their obstructionist strategy is clearly designed to sabotage the pipeline through indefinite delays. By changing the rules midstream, they hope to force Kinder Morgan to abandon the project in the same way the Liberal government forced the demise of energy east.

The Prime Minister's failure to champion the actual and timely construction of this pipeline has created a void in national leadership, and there needs to be action right now. I urge the government to look at the options and begin a face-to-face dialogue with the province. It should look at invoking the use of special powers under section 92 of the Constitution to say that this is against the national interest and the roadblocks need to stop. There is no middle ground on this issue. The Prime Minister needs to pick a side. Either he is for environmentally responsible and sustainable natural resource extraction or he is not. To quote Jason Kenney, the leader of the United Conservative Party in Alberta, “Words are not enough, we need action”.

Each day of inaction by the Liberals fuels national conflict. The Alberta government has banned B.C. wine, and co-operation on interprovincial projects is in jeopardy. Alberta has suspended talks with British Columbia on the purchase of electricity from the western province. Up to $500 million annually hangs in the balance for B.C.

We cannot blame Albertans. The trade dispute between Alberta and B.C. is just a symptom of the Prime Minister's failure to lead. It is no wonder energy investment in Canada was lower in the last two years than in any other two-year period in 70 years. It is no wonder oil and gas companies are packing up and heading south, where the business climate is robust and welcoming. ExxonMobil announced a $50-billion investment in the United States over five years. This is highly irresponsible at a time when the NAFTA negotiations are in such a state of flux, when we need to open markets, not shut them down, and when we need to reassure investors and not send them packing.

In the midst of this crisis, the government introduced Bill C-69, meant, in the government's view, to speed up major resource projects and bring clarity to the approval process. Nothing, though, could be further from the truth. One only has to read the legislation to see that there are many exceptions everywhere. The 450-day and 300-day maximums for major and minor project approval, for example, can be extended indefinitely. Projects can be dismissed by the minister, even before getting to the initial assessment phase. Yet another example of increased uncertainty and unpredictability is the elimination of the standing test used by the NEB to restrict participation at hearings to only those who are directly affected or have knowledge or insight that is relevant and useful.

The Trans Mountain project is in the national interest. It would create jobs and provide provinces with access to global markets. Conservatives understand that the Trans Mountain project is important to Canadian energy workers because this project would create tens of thousands of jobs and help fund our hallmark national programs, such as health care.

This is a national crisis and the answer is not to send public servants to do this job. The Prime Minister needs to go to B.C., stand up to the premier, and stand up for hard-working Canadian families.

The EnvironmentAdjournment Proceedings

February 8th, 2018 / 5:55 p.m.


See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I am speaking tonight in adjournment proceedings, and the timing is almost impossible to believe. On October 20, I attempted to warn the Minister of Environment and the Prime Minister of how very dangerous it would be to give the offshore petroleum boards in Atlantic Canada any power or role in environmental assessment. The idea that the Canada-Nova Scotia Offshore Petroleum Board or the Canada-Newfoundland & Labrador Offshore Petroleum Board should have any role in the environmental assessment of projects over which they have regulatory authority is desperately worrying. I say that because these boards were created by legislation to expand offshore oil and gas. That is their role. They have a mandate to expand offshore oil and gas.

I said to the minister on October 20 that offshore petroleum boards in Atlantic Canada have legislated mandates to expand oil and gas activity. They have never had any role in environmental assessment, and if they did, it would be a conflict of interest. Now it appears that the Liberals are following through on Stephen Harper's plan to put these boards into environmental assessments, where they should not be.

I have to say that my final question to the Minister of Environment was whether she could assure this House that she would keep these offshore boards out of environmental assessment. Her answer was not very clear on October 20. The answer is really clear today, because we now have omnibus Bill C-69, which entrenches a role for these very boards in environmental assessments, where they have no business being.

There has been a bit of fancy footwork in the Liberal talking points. Expert panels reviewed the broken laws left after the Harper era by omnibus budget bills C-38 and C-45. We had massive consultations. Very high-powered expert boards were commissioned to look at the National Energy Board and provide recommendations and to look at the environmental assessment process and provide recommendations. Both recommended that energy regulators should play no role in environmental assessment and that there should be a stand-alone environmental assessment agency.

In some ways, if we were to read the press releases and the talking points, one might think that is what was just done today in Bill C-69. There is one agency, called the impact assessment agency, except for one thing. When one reads it in detail, one finds that when there is a project that would be regulated by one of these boards—what we used to call the National Energy Board, which we will have to get used to calling the Canadian energy regulator; the offshore petroleum boards; or the Canadian Nuclear Safety Commission, which, for the first time ever, Stephen Harper put in the frame of environmental assessment in 2012—under the Liberals, these boards would continue to play a role in environmental assessment.

This is how they did the fancy footwork. There is only one environmental assessment agency, but when a project falls into one of those jurisdictions, the people put on the panel to review the project must be taken from the boards of those agencies. They will apply their other laws at the same time as they go through environmental reviews.

Let me talk about the Canada-Nova Scotia Offshore Petroleum Board. I am going to quote Dr. Lindy Weilgart, an adjunct professor at Dalhousie University and an international expert on seismic blasting. She talked about the seismic surveys, approved by the Canada-Nova Scotia Offshore Petroleum Board, in the migratory habitat of the endangered right whale. Air guns are shot every 10 seconds around the clock. It is the loudest human-produced noise right after nuclear and chemical explosions. That is why she said that in 2016, 28 right whale experts declared that the additional distress of widespread seismic air gun surveys represented a tipping point for the survival of this species. The Liberals today have given these boards a role in environmental assessment.

I am horrified by this. I ask my colleague, the hon. parliamentary secretary, how she can live with what the government has just done.

Impact Assessment ActRoutine Proceedings

February 8th, 2018 / 10 a.m.


See context

Ottawa Centre Ontario

Liberal

Catherine McKenna LiberalMinister of Environment and Climate Change