Bill C-69 (Historical)

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

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.

Impact Assessment Act

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Madam Speaker, I do not even know where to start. The government believes in consensus, but it cuts off debate of the members in this place. Is that what the Liberals call consensus?

I can only reiterate to that statement the comment that I shared with Professor Martin Olszynski, the law professor from Calgary, in that there is a big difference between what the government is saying the bill would do and what the bill would actually do.

While the Liberals are saying they are according these great increased participatory rights to the public and indigenous people, when we look at the bill, there are no specifics. It is all vague and up to the discretion of the government.

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

Madam Speaker, it does not often happen in this place, which is a very partisan place, but as leader of the Green Party, I would like to pay tribute to the member for Edmonton Strathcona for her decades of work in the field of environmental law. She does not just stand here as a member of Parliament for her constituents, she is also very knowledgeable.

One of the things that worries me about the proposed legislation is that by making it an omnibus bill and by forcing it through, we will miss the once-in-a-generation chance we have to salvage something useable in the bill. Right now, it would take a lot of amendments and a lot of work to salvage it. I am speaking of the environmental assessment piece, not the other two pieces, because this is omnibus legislation.

We know that in the NEB review of Kinder Morgan, the excuse it used for depriving intervenors of their rights to fully engage and cross-examine witnesses was that there were time limits. I direct the member for Edmonton Strathcona to the fact that the time limits remained, but what was 365 days is now 300 days, and what was 720 days before a panel is now 600 days.

Given her expertise, does the hon. member for Edmonton Strathcona see in the bill guarantees for procedural fairness?

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Madam Speaker, I would like to thank the hon. member for her comments. She certainly has been involved in environmental law almost as long as I have. I am just a little more grey.

However, absolutely, we do not see clear procedural fairness. We need only look to the part on public participation, and never before have I seen such a vague prescription of public rights. How the public can participate is totally up to the discretion of the impact panel, which is an ad hoc panel. Therefore, from hearing to hearing, it may vary.

Indeed, the time imposed on the hearing may be used as an excuse. Frankly, if the bill is going to prescribe the rights that the Liberals have promised, then it should be in the bill and it should be prescribed. Everyone who is potentially impacted by a project should have the right to be heard.

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Madam Speaker, I would like to thank my colleague from Edmonton Strathcona for her speech and for her deep knowledge and hard work on this subject.

The disappointing fact is that we are cutting off debate of this huge bill of 360 pages after a couple of hours. I hope I get the chance to speak on it later.

I would like to give the member more time to talk about the expert panels that the government sent across the country to work on this topic, what they reported on, and what they recommended that is not in the bill. Could the member comment on what is missing here?

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Madam Speaker, that was a part I skipped over, thinking that I was going to run out of time.

In addition, to the call by the expert panel, again appointed by the government, for a new independent Canadian energy information agency, the Liberals chose not to establish it. It was considered to be very important so that everyone could have access to a neutral base of information on energy. The panel recommended a Canadian energy transmission commission to replace the NEB, with decisions rendered separately by a group of hearing commissioners. We do not have that. Also, it was recommended to have real and substantive participation by indigenous people in full accord with indigenous rights, aboriginal and treaty rights and title, in every aspect of energy regulation. Well, those clear rights are not extended. Again, as I mentioned, there is no clear reference to the UNDRIP.

I believe that the justice minister last November or December committed that she would ensure every law coming forward will specifically reference the UNDRIP. Here is the government's opportunity. It is not here.

A radical increase in the scale and scope of stakeholder engagement was recommended by the expert panel. We do not see that greater transparency in decision-making to restore public confidence. Well, I guess we will wait and see the answer to that.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Madam Speaker, I have a question for my colleague from Edmonton Strathcona, and I congratulate her for her excellent work, careful analysis, and knowledge of this file.

This is an extremely vague bill. Let us say that we give the government the benefit of the doubt and that the environmental assessment process is truly fair, public, accessible, inclusive, and respectful of first nations. For the time being, we have no idea which projects the Canadian Environmental Assessment Agency would study, just like we have no idea what criteria are used to determine whether a project should be assessed.

What good is having a solid agency when no projects are assessed and the minister can do what she wants in the end anyway?

[Linda Duncan, NDP, Edmonton Strathcona, AB]

That is the great unknown, Madam Speaker.

It is reprehensible that the government spent over two years consulting on the development of a bill the major premise of which is the review of projects and not to have developed in consultation with all stakeholders that project list.

The government has tabled this bill and we are supposed to comment on whether or not we think it is adequate when it comes to a review of pipelines, a review of major dams, a review of LNG projects, a review of the cumulative impact of many oil sands projects on first nations to access marshes and the loss of their traditional hunting rights.

We have no idea what the government is going to include. In many ways the government should hold back the bill until Canadians can see what the bill would apply to.

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

Madam Speaker, I am wondering if the member could give a clear indication of her party's position with respect to supporting Rachel Notley's attempts to get approval for the Trans Mountain pipeline.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Madam Speaker, as a proud constituent of the Premier of Alberta, and I am very proud that she is my constituent as well, I fully commend her for standing up for Albertans in the same way I commend the Premier of British Columbia for standing up for his constituents. What we are waiting for is the federal government to stand up for Canadians.

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

Madam Speaker, this is an omnibus bill. The hon. member for Edmonton Strathcona devoted most of her time speaking about the all-important impact assessment. Briefly, what does she think will need to be done to improve the sections that deal with the NEB and navigable waters?

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Madam Speaker, it is impossible to make a brief comment on that.

I have bent over backwards to try to see what people have said about the bill and to try to cover a bit of their comments. I have just touched the tip of the iceberg of concerns that people have with the bill. I am looking forward to giving opportunities to people from north to south and east to west across this country to tell us how we can amend the bill so as to strengthen it to genuinely deliver a better bill.

[David Yurdiga, Conservative, Fort McMurray—Cold Lake, AB]

Madam Speaker, today I will be speaking 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.

The natural resource sector has brought tremendous wealth to my riding, all of Alberta, and Canada. The oil sands alone have brought $7.4 billion to the Canadian economy outside of Alberta: $3.9 billion to Ontario, $1.3 billion to British Columbia, $1.2 billion to Quebec, $330 million to Newfoundland, $143 million to Manitoba, $142 million to Saskatchewan, $96.7 million to Nova Scotia, $50.8 million to New Brunswick, $11.4 million to the Northwest Territories, $6.3 million to Prince Edward Island, and $1.6 million to Yukon. These figures include everything from specially made work gloves to satellites monitoring emissions. What the figures do not include are the equalization payments, which have long relied on collecting billions from Albertans working in the energy sector to be divided among have-not provinces.

When I was first elected, anyone across the country that was willing to work could find a job in Alberta. For those willing to work hard, often more than 40 hours a week, they could support a family, send their kids to post-secondary education, and still have money to save for the future. Small businesses across Alberta were also booming from the economic activities that the industry brought into almost every town and county in the province. That is not the case today. An oil crash later, a provincial government change, and a federal government change have all Alberta reeling.

The global price of oil is out of control, but what many Canadians do not know is we do not receive market rates for our oil. What is often reported is the North American benchmark, West Texas Intermediate. Our oil is traded as Alberta's Western Canada Select. As of yesterday, the difference between the two prices was $34.74 per barrel. Pipelines can help close those gaps in prices. The more access we have to markets other than the United States, the better the deal we can strike. Instead of supporting the building of these pipelines, the Liberal government has introduced regulation after regulation, which is crippling the industry and deterring investment.

Today, we are talking about the newest blow the Liberal government has struck against the west and our oil industry. It would rob the National Energy Board of most of its power and create the Canadian energy regulator.

The National Energy Board has served as a world-class regulator for the natural resource sector since its creation in 1959. Since then, it has reviewed and approved many major energy projects in Canada. Over the last decade, the NEB has approved pipelines that Alberta desperately needs, which has made it a target for political interference.

When the Liberals took power, the natural resources minister's mandate letter called on him to modernize the National Energy Board to ensure that its composition reflected regional views and had sufficient expertise in the field, such as environmental science, community development, and indigenous traditional knowledge.

While the government believes Bill C-69 will complete his mandate, I would like to cover how the bill will drive investment out of Canada.

One of the changes the bill would bring is the establishment of timelines. The government claims there would be timelines of 450 days for major projects and 300 days for minor projects, respectively, pursuant to proposed subsections 183(4) and 214(4). While many Conservatives are in favour of timelines for projects, the devil is in the details. The application process can be dragged out and will not be considered in the timelines. The lead commissioner will be given the ability to exclude time in the process. Last, and most important, the minister can approve or deny an application before it even gets to the assessment phase. We only have to look at the cancelled northern gateway pipeline to see that the government has no problem putting national interests on hold and dismissing a pipeline for political reasons.

I am also concerned about the changes to the NEB standing text. Currently, individuals and organizations directly affected by the projects or capable of providing valuable knowledge are heard by the National Energy Board. The new rules will allow anyone to participate and be heard. This will ensure that groups who oppose all energy projects across Canada will be given a bigger voice. Groups outside of Canada will be given a voice as well, and they do not have our best interests at heart.

I can only imagine what our global competitors think of our legislation. It gives them an opportunity to fund groups that will oppose every project that has the ability to threaten their market share. To think that this will not occur in the future is foolish and shortsighted.

This is an attempt to fix a problem that did not exist. During the review of the Enbridge line 9B reversal and line 9 capacity expansion project, only eight of the 177 applications to participate were denied. I encourage Canadians to take a look at some of the denied submissions. One individual said that a spill from a pipeline, even far away from her home, is an insult to her sense of the holy.

While this example may come up a couple of times today, I think it is important to show that our National Energy Board is not trying to silence individuals and organizations, but is just applying common sense to the process. We need more common sense in government, not less.

Over the last three years, we have seen less and less investment in our natural resources because of the Liberal government's policies. From the carbon tax to the inclusion of upstream emissions to the National Energy Board review, it appears that the government wants to repeal investment in the resource sector.

According to the Financial Post, in February, Suncor CEO Steve Williams told financial analysts that Suncor is actively discussing Canada’s lack of competitiveness with various levels of government here because “other jurisdictions are doing much more to attract business, so Canada needs to do much more to up its game”.

Members need to consider that if we keep our resources in the ground, like David Suzuki wants, we are not saving the environment; we are just moving the resource development to other countries around the world that have lower safety standards and lower environmental protection. I believe that if resources are needed, it is better that they come from here and not from a human rights abuser or a dictator or a country with very low environmental standards.

I know that many members of Parliament have voted for and will continue to vote for regulations of every type. What they need to consider before voting on the bill is that we are part of a global market. Right now we are competing with countries across the world to sell our goods and attract investment.

We only need to look across the border to see a government intent on bringing in billions of dollars of investment and the jobs that come with it. Since taking office, the Trump administration has given the energy industry a tremendous amount of confidence to invest by cutting regulations and taxes.

Future natural resources jobs in my riding, in Alberta, and across Canada are at stake if this bill passes. That is why my Conservative colleagues and I stand against this bill.

[The Speaker, Geoff Regan]

The member for Fort McMurray—Cold Lake may be finding it a bit noisy in here at the moment. I wonder if he might prefer to resume his speech when the House next debates this topic. I know members are getting ready for the budget. I think that is what he would like to do.

Order, please. I must remind our guests in the galleries that applause is not permitted from people in the galleries, unfortunately. Those are the rules. They may hear members on the floor applauding, but those in the galleries are not permitted to applaud or make other noises.

It being 4:07 p.m., the House will now proceed to the consideration of ways and means proceedings, Motion No. 19, concerning the budget presentation.

The House resumed from February 27 consideration of the motion that 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, be read the second time and referred to a committee.

[Julie Dzerowicz, Liberal, Davenport, ON]

Mr. Speaker, I will be happily splitting my time with the hon. member for Saanich—Gulf Islands.

It is an absolutely great honour for me to rise in the House and speak on behalf of the residents of Davenport to Bill C-69. It has quite a long name, 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.

Davenport residents deeply care about the environment. They care about how we develop projects in this country that impact our environment. They care about how the Canadian government will be adhering to our Paris accord commitments. They have been asking me to show them the plan for how Canada will be achieving its targets, and I will be showing that to them very shortly. In Davenport we are doing our own bit as well in terms of trying to find ways to model a low-carbon, urban, sustainable community.

Back to Bill C-69, I am so pleased to have this opportunity to address the House regarding a legislative initiative that is at the heart of our priorities as a government: to ensure a sustainable future for Canadians. Our guiding principle is that a strong economy and a clean environment go hand in hand. We believe that we can harness our natural resources to create good jobs while fulfilling our duty as stewards of the environment.

Bill C-69 would introduce a review process that for major projects would strike a balance between protecting our environment and ensuring that good projects can be built and can create jobs for the middle class. Essentially, Bill C-69 would create a single agency, called the impact assessment agency of Canada, that would lead all impact assessments for major projects to ensure a consistent and efficient approach. The impact assessment agency of Canada would ensure that there were better rules in place to protect our environment, our fish, and our waterways; to rebuild public trust and respect indigenous rights; and to strengthen our economy. Let me spend the next few minutes telling members how.

We have to go back a little in time. The fact is that many Canadians no longer have faith in our previous environmental review process following changes introduced by the former government. That is why we made a promise to Canadians that we would review and modernize environmental assessment and regulatory processes. I am proud to say that we are delivering on that promise by bringing in better rules that will restore environmental protections and rebuild public trust in decisions about major projects. Building on what works, we have designed an assessment system that is clearer and more predictable and that allows good projects to go ahead sustainably.

We are a government that consults broadly. The proposed impact assessment act was not arrived at in isolation. It is the result of careful examination and extensive consultations with Canadians.

More than two years ago, our government launched a comprehensive review of federal environmental assessment and regulatory processes. This comprised four separate, but complementary, reviews. We looked at ways to improve federal environmental assessments, to modernize the National Energy Board, and to restore lost protections and introduce modern safeguards under the Fisheries Act and the Navigation Protection Act.

To that end, our government set up a four-person expert panel to solicit the views of Canadians from across the country. We also established a multi-interest advisory committee to support this work. The expert panel went to 21 cities, received more than 800 online and written submissions, and welcomed over 1,000 people at engagement sessions. We had extensive consultations with indigenous peoples and heard from the provinces and territories, industry, environmental groups, and the public.

We also took into account input from three other processes led by another expert panel and two parliamentary standing committees. We then prepared a discussion paper on the government's proposed path forward and solicited feedback. What did we hear? We heard from environmental groups, indigenous leaders, provinces and territories, businesses, and Canadians from communities across our country who told us that effective assessment must not only focus on avoiding negative impacts but must foster sustainability.

Stakeholders told us that there was a need for greater transparency and that assessments must demonstrate how public input informs decision-making. Project reviews must be grounded in scientific evidence as well as in indigenous traditional knowledge. Indigenous people want to participate as partners in the economic development of their territories. We heard that Canadians want to be more involved in our processes. Businesses need clearer and more predictable timelines, and decisions should be more open and evidence-based.

Let there be no doubt that the residents of Davenport also contributed their thoughts to the consultation process. They felt that the previous assessment process was not a good one, that there was not enough consultation with communities and indigenous groups, that there was not enough being done to protect nature, and in general that we needed stronger and fairer environmental assessment laws. I am happy to say that the new legislation incorporates and reflects not only the views of Davenport residents but of all Canadians who participated in the process. What we are proposing is a system that is more transparent, effective, and efficient for all concerned.

I will now highlight some of the principles that form the basis of Bill C-69.

First, we are adopting a broader approach based on the principles of sustainability. Canada has had a law in place since 1992 to ensure that the environment is taken into account as projects are considered for design and implementation. When first introduced, environmental assessment laws and regulatory processes had a specific focus on environmental impacts. Our thinking has greatly evolved since then, and we now understand that an assessment system must consider more than just the environment. It must take into account wider concerns, including the economic, social, and health consequences associated with proposed projects. The new act would do just that, and that is why the name of the act would change from the Canadian Environmental Assessment Act to the impact assessment act, reflecting a much wider range of effects we would consider as we reviewed projects for implementation and aimed to foster sustainability.

Second, the new process would be more efficient and more predictable. It would allow people to know where they stood. Projects would now go through an early planning and engagement phase during which potential impacts would be identified and discussed with the public, indigenous people, and the project proponent at the outset of an initiative. Timelines would continue to be legislated. Efficiencies gained through early planning would allow timelines for other phases to be reduced, leading to more timely decisions.

Third, we want to establish a new partnership with indigenous people. They are the most affected by the impacts of the projects, and we will ensure that we respect their rights and jurisdiction in the way decisions are considered.

Fourth, we want evidence to guide and inform all our decisions, so we will consider evidence of science as well as indigenous traditional knowledge as we move forward on these projects. The value of indigenous traditional knowledge cannot be underestimated, and we are determined to include indigenous people in every single project moving forward.

Fifth, we want to increase transparency. By transparency we mean openness that translates into removing barriers to public participation in the review process and making key project information openly available.

Finally, we want to take a truly big-picture view of impacts, one that improves our understanding of the cumulative effects of all projects in a given region. The new impact assessment would take this wider view through the increased use of regional assessments. Regional assessments would examine the effects of past, present, and future activities in a region. For instance, they might examine effects on biodiversity and species at risk and identify impacts on the rights and interests of indigenous people. They would provide decision-makers with a fuller and more complete picture of the context within which a project was proposed, allowing for a better understanding of the overall impact on the environment.

These are not mere operational changes we have introduced but rather are fundamental changes in the way we actually do business. I am very proud to be in this House speaking on behalf of Bill C-69. I believe that we have a wonderful new process in place, and I have a lot of confidence in the projects moving forward. I appreciate the opportunity to speak on behalf of the residents of Davenport.