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

Sponsor

Status

Second reading (Senate), as of June 20, 2018

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Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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;

(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, provided by the Library of Parliament. You can also read the full text of the bill.

Votes

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

Impact Assessment ActGovernment Orders

February 14th, 2018 / 6:50 p.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I want to pursue something. Bill C-69 is an omnibus bill changing three bills. I should stress that Bill C-68 on the Fisheries Act gets it exactly right and keeps the promise to restore lost protections. Bill C-69 does not.

What we keep hearing from the government side is that there was listening and there was a great deal of consultation. There was a great deal of consultation, but there was not much listening. We had two high-powered expert panels convened by the Liberal government, one on environmental assessment and one on the National Energy Board. Both expert panels gave detailed advice for what should take place.

There was no formal response, ever, to those high-powered, and I imagine high-priced, efforts that had cross-country hearings. Their recommendations were not heeded at all in what we have here. I could detail the many ways in which they were not.

Perhaps the hon. member could explain to me why the government commissioned two expert panels to tour the country and provide advice, if it intended to give it no weight whatsoever in drafting new legislation.

Impact Assessment ActGovernment Orders

February 14th, 2018 / 6:55 p.m.
See context

Conservative

Shannon Stubbs Conservative Lakeland, AB

Mr. Speaker, I am pleased to speak at second reading of Bill C-69. I will focus my comments on part 2, the Canadian energy regulator act.

Bill C-69 is about so much more than exactly how pipelines and other major energy projects are reviewed and approved. It is about what role Canada will play internationally on resource development and energy production. It is about whether Canada will continue to be a leader in producing the most environmentally and socially responsible energy under the highest standards in the world. It is about whether the federal government will fulfill its moral obligation and economic imperative to enable Canada to supply the ever-growing global demand with Canadian oil and gas. Canada must remain open for business. The world needs and wants more Canada. The world needs and wants more Canadian oil.

Every other oil-exporting country is stepping up to meet that demand and to seize its growing share of the world market, but during the two years since the last election, energy investment in Canada has declined more than in any other two-year period in 70 years. The dollar value is the equivalent of losing 75% of auto manufacturing and 100% of aerospace investment in Canada. Recent reports show that in 2017 alone, four projects worth $84 billion left Canada.

The decline in Canadian energy investment is not only due to lower energy prices, which are now rallying, but due to irresponsible anti-energy policies and a lack of leadership and political will. The real consequences have been hundreds of thousands of Canadians, one-sixth of the total oil and gas workers in Canada, out of work; bankruptcies and foreclosures; family breakdowns; and escalating crime. The economic impacts have rippled through other sectors and across Canada. Canada is falling behind.

Reuters reports that Canadian oil producers are running out of options to get through to markets as pipeline and rail capacity fill up, driving prices to four-year lows and increasing the risk of firms having to sell cheaply until at least late 2019. Canada is a captive merchant to its American market with 99% of Canadian oil exports going to the U.S. However, the result of American regulatory reform and cost-cutting with the removal of the 40-year ban on oil exports is that U.S. shale oil is being recovered and sold to new markets at an ever-increasing pace. In 2005, the U.S. imported 12.5 million barrels per day. Today, it imports only four million. Today, it exports almost two million, and this number is estimated to double in only four years. The U.S. is expected to provide over 80% of the global supply growth over the next decade.

Market diversification is critical for Canada, and Canadian energy companies are trying to find a way to reach tidewater so that they can compete for international markets and not sell at a discount to the U.S. Meanwhile, the U.S. is removing red tape, ramping up exports, and rapidly pursuing its energy independence. However, the Liberal delays, uncertainty, and anti-energy agenda are threatening Canada's economy now and our position as a potential global leader.

The government's failure of leadership on the Trans Mountain expansion is the latest in a pattern of roadblocks to Canadian energy development. The same day the Liberals approved the Trans Mountain expansion, over 400 days ago now, they vetoed the federally approved northern gateway pipeline, which would have connected Alberta oil to the west coast for export to the Asia-Pacific region, where demand for oil will grow exponentially for decades.

Northern gateway had undergone the same rigorous review and consultation as Trans Mountain and Line 3, which were both approved, but despite the science and the evidence that the route was sound, despite the project being in the national interest, despite the 31 equity partnerships with indigenous communities, instead of the Prime Minister offering additional consultation or any options, he said that he did not “feel” right about the project and he vetoed it.

Recently, in October 2017, TransCanada was forced to abandon the nation-building energy east opportunity. It would have been one of the largest private sector infrastructure investments in Canadian history, and would have carried crude from the west through the heart of Canada to Atlantic ports for use in eastern Canadian markets and sale to Europe. However, the political risks and pressure were too great for the Prime Minister and after three years of delay, stops, and starts, additional review, and last-minute conditions, TransCanada finally warned and then withdrew its plans for the $15 billion project. TransCanada estimates that it lost just over $1 billion on energy east. Enbridge estimates it lost just over half a billion dollars on northern gateway, and that does not even come close to the lost opportunities for Canadians. Billions of dollars that should have been added to Canada's economy are going to other jurisdictions.

In July, Petronas cancelled the $36 billion Pacific NorthWest LNG project after regulatory delays because “headwinds were too great”, despite widespread support, including the majority of first nations. Progress Energy, Petronas's Canadian subsidiary, anticipated Canadian investment dollars moving to American projects.

Calgary-based company, Veresen, recently announced it was investing up to $10 billion on a new LNG project, proudly called “Jordan Cove”, in Oregon. The project will invest $10 billion in the American economy and provide thousands of jobs in the U.S.

Oil and gas companies are moving their assets to the U.S. because the Liberals are constantly changing the rules of the game, making it ever more difficult to invest in Canadian energy. What is especially disappointing is that Canada has a long track record of rigorous and comprehensive environmental, social, safety, and economic assessments for energy projects like pipelines.

In 2014, WorleyParsons issued an exceptionally thorough report examining the processes and policies for oil and gas in many jurisdictions around the world to evaluate Canada's situation and compare it to its international competitors. It measured Canada against other countries for performance in areas such as overall decision-making process; cumulative assessments for regions with multiple projects; implementation of early and meaningful consultation with stakeholders and indigenous people, including the real integration of traditional indigenous knowledge; and the implementation of effective social impact in health assessments.

Here are the report's conclusions:

The results of the current review re-emphasize that Canada's EA Processes are among the best in the world. Canada has state of the art guidelines for consultation, TK, and cumulative effects assessment, Canadian practitioners are among the leaders in the area of indigenous involvement, and social and health impact assessment. Canada has the existing frameworks, the global sharing of best practices, the government institutions and the capable people to make improvements to EA for the benefit of the country and for the benefit of the environment communities and the economy....

In summary, the review found that EA cannot be everything to everyone. In Canada, however, it is a state of the art, global best process, with real opportunities for public input, transparency in both process and outcomes, and appeal processes involving independent scientists, stakeholders, panels, and courts.

However, since the 2015 election, the Liberals have constantly denigrated and undermined confidence in the regulator and in Canada's reputation, and have created a regulatory vacuum for energy development in Canada by ongoing reviews.

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.