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

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

Mr. Speaker, it is good to see a Newfoundlander in the chair. Now you have both places in this building sewn up, it appears.

Mr. Speaker, I just want to ask the member about public confidence in the energy regulation system. One small part of this bill deals with pipelines and the new Canada energy regulator. We had a situation in the Kinder Morgan decision where a ministerial panel travelled along the length of the pipeline, and that panel came up with six questions it said the government should answer before approving or not approving the pipeline. These were the first three: How do they square this with climate action? How do they do this without a comprehensive national energy strategy? How do they square it with UNDRIP?

I wonder if the parliamentary secretary can comment on the fact that most environmental lawyers across this country said that none of these questions were answered before Kinder Morgan was approved, and none of them are answered in this legislation.

[Pam Goldsmith-Jones, Liberal, West Vancouver—Sunshine Coast—Sea to Sky Country, BC]

Mr. Speaker, I would like to put today's debate in a broader context. When we formed government, it was very clear that there was a lack of confidence in the National Energy Board, there was a lack of confidence in the Canadian Environmental Assessment Act, there was a lack of confidence in the Navigation Protection Act, and there was a lack of confidence in the Fisheries Act. It had been shaken dramatically by the previous government.

Therefore, we put an interim process in place to be consultative, to be more inclusive of indigenous views, and to add conditions to ensure that these projects could go forward, because they were really a long way along in terms of making a final decision. We then took 14 months to consult coast to coast to coast and to bring together and integrate multiple players and multiple imperatives so that our decisions with regard to the natural resources sector were rooted in engagement, environmental protection, and indigenous reconciliation.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Mr. Speaker, the Minister of Environment and Climate Change has stated that one of the objectives of Bill C-69 is to increase investor confidence. I would ask the hon. parliamentary secretary to square that statement with the fact that the Minister of Environment, at the planning stage, has the ability to kill a major energy project before any economic analysis is done, before any environmental analysis is done, and before any scientific analysis is done. In other words, the minister can kill a pipeline project on the basis of a purely political decision. Could the parliamentary secretary explain just how that increases investor confidence?

[Pam Goldsmith-Jones, Liberal, West Vancouver—Sunshine Coast—Sea to Sky Country, BC]

Mr. Speaker, it does not surprise me that the member opposite does not value the importance of early public engagement and early engagement with indigenous peoples. That is a fundamental commitment of our government, and that is what will allow us to not be surprised, to not be responsible for excluding important voices, and to begin these discussions on a strong foundation.

[Mike Bossio, Liberal, Hastings—Lennox and Addington, ON]

Mr. Speaker, a primary focus of our government has been achieving the balance between the environment and the economy going together. I wonder if the member could expand on how Bill C-69 would help us accomplish that balance.

[Pam Goldsmith-Jones, Liberal, West Vancouver—Sunshine Coast—Sea to Sky Country, BC]

Mr. Speaker, first, the impact assessment act would replace the previous act by bringing together multiple interests and multiple impacts. Any environmental decision, any decision that is good for our economy, and any decision that is good for our society and public health must be one decision. We must share how we get to that end point across multiple interests, including provincial and territorial interests, indigenous interests, and the general public.

We do not see the environment and the economy at all as mutually exclusive. We see the best long-term interests being made with a view to sustainability.

[Monique Pauzé, Québec debout, Repentigny, QC]

Mr. Speaker, Bill C-69 has some interesting aspects, but it also raises questions and does not do much at all for Quebec.

For example, the government wants to put science back into decisions on the environment. That is great, especially after our experience with the Harper government, which saw science as the enemy. Obviously, this is a vast improvement. It shows there is an intention to protect the environment, but as always with the Liberals, intentions are more talking points than anything else. That does not amount to much unless it is written in black and white in legislation.

I will provide some examples. Do members remember the electoral reform promise that was dropped like a hot potato, or the promise to defend supply management at any cost?

The Liberals did not even want to renegotiate the transpacific partnership to defend our farmers. The government has not even changed its greenhouse gas reduction targets. Instead, it adopted the Conservatives' targets, which are well below those of all other countries.

I cannot get into every one of these issues in the few minutes that I have, but I will raise a few points that are important for Quebec.

In its current form, this bill is the opposite of what Quebeckers want. I firmly believe that instead of imposing these requirements on Quebec, the government should be doing the opposite, that is, it should let Quebeckers decide how to manage their province and protect their environment.

That was the reason why on February 1st I introduced Bill C-392, which goes in the opposite direction of Bill C-69. We have a very simple vision: what happens within our borders should be decided by us.

We firmly believe that citizens must have a say on projects that can negatively impact their health and their environment. I am definitely thinking of energy east.

The federal government is being pressured by companies that have interests in these projects. The government must balance the competing interests of provinces. I am thinking of the interests of Quebec as opposed to those of oil producing provinces. I am also thinking of British Columbia, which is in a dispute with Alberta over the Trans Mountain pipeline.

In both cases, one province assumes all the risks without reaping any of the benefits, while the opposite is true for the other province. It is unfair that citizens must suffer the consequences.

I will give another example. In 2016, IMTT-Quebec Inc. moved to the Port of Québec and polluted the entire neighbourhood of Limoilou with red dust. The residents of Limoilou found this dust on their balconies and clotheslines.

The Superior Court ruled that since the company was located in the Port of Québec, which is a federal jurisdiction, Quebec's environmental quality act did not apply. That was ridiculous. The air pollution was a nuisance for everyone in Limoilou and also compromised their health. We are talking about the health of parents and our children, not an administrative technicality. Not at all.

It is really quite simple, it is the provinces that have the expertise. Quebec must manage its health services. It is Quebec that pays the price for pollution and, even worse, it is the people who suffer the consequences. That is why Quebec must have the final say.

The complete opposite would be happening with Bill C-69. The federal government always has the final say. Even if a project is rejected by the Bureau d'audiences publiques sur l'environnement du Québec, or BAPE, the new impact assessment agency of Canada and the Minister of the Environment and Climate Change can always ignore our experts' findings and approve the project anyway, all under the guise of the national interest. I think we can all agree that this term is a little vague. It means nothing and can be invoked at any time, in any way, and for any project.

To us, national interest means the health and safety of our citizens. To others, it may mean corporate profits. The government will be able to make its decisions based on its own interests and the interests of its friends, as we have seen in other cases.

I am not the only one who is concerned about this arbitrary aspect of the bill. Greenpeace contacted me to say it is concerned about the vague assessment criteria that the government will use. The problem is that the government is creating an agency that ultimately serves no purpose, since the minister will reserve the right to override it.

The government claims that Bill C-69 will fix existing problems and help the environment, but with a little lobbying from wealthy corporations, destructive and polluting projects may still be allowed to move forward. The bill really emphasizes consulting the public, scientists, and indigenous peoples, but the minister will be able to approve a project even if the public is against it. Even if the entire province of Quebec opposes a project, the minister will still be able to move forward with it, invoking the national interest.

On another note, the bill missed the opportunity to remove a provision in the current act that makes Hydro-Québec subject to Ottawa. In the current legislation, Hydro-Québec must go through the National Energy Board to build international and interprovincial lines. Hydro-Québec must also have a permit to export electricity, and the Canadian government reserves the right to prevent Quebec from exporting its electricity surpluses.

The future Canadian energy commission will decide whether Quebec can export its surpluses after considering the impact those exports will have on the provinces, verifying whether anyone else has shown an interest in that electricity, and determining whether Hydro-Québec is making an effort to offer its electricity to Canadian buyers. Ottawa also reserves the right to refuse for other reasons. In short, Hydro-Québec is under federal control.

I have to say that the government has never abused that law in the past, but it could well decide to use the legislation to its advantage, thus harming Quebec. The minister could have taken the opportunity presented by this reform to remove all of those provisions. Unfortunately, she did not do so.

In short, this bill takes the wrong approach for Quebeckers. By giving herself the right to approve a project regardless of the results of the agency's assessment, the minister is negating any positive effects this bill might have had. The government could impose projects such as energy east on Quebeckers and they would have no way of preventing it. That is unacceptable. It is Quebec that has all the expertise and is assuming all the risks. The government needs to listen to Quebec and respect its choices. It is simple. This is simple, and I will repeat: what happens within our borders should be decided by us.

I would point out that the government did not even change its greenhouse gas reduction targets, which are the same as the Harper government's. That is why this bill is just an empty shell in our opinion, and that is why we will be voting against it. I encourage all my colleagues to vote in favour of my Bill C-392, which will give Quebec and the other provinces their say on projects that could have an impact on their environment and their people.

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

Mr. Speaker, again, as we get closer to the windup of this debate, I want to make sure that we are really clear on the fact that as a government we recognize that in dealing with getting energy to the markets, a responsible government ensures that there is an environmental process. This legislation, in good part, deals with that. This is something that Canadians as a whole want to see, a progressive government that takes the environment seriously and therefore brings in legislation of this nature which establishes a process that I believe Canadians would actually welcome.

Does the member have any thoughts in regard to possible, specific amendments to the legislation?

[Monique Pauzé, Québec debout, Repentigny, QC]

Mr. Speaker, I thank my colleague. I do not mind saying that we think federalism is the problem. The federal government always has to override provincial legislation. That is the problem.

Here is a good example. When the Saint-Germain smelter in Drummondville went bankrupt, the land it was on was contaminated. The federal government owned the land, and Quebec companies that applied to clean up the site did not get the contract because, federal laws being looser than Quebec laws, their services cost more. By these loose federal standards, the land is decontaminated, but by our standards, it is still contaminated, which means that we will never be able to use it.

It is always the same old problem. Federal laws override Quebec laws meant to protect the environment and agricultural land.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Mr. Speaker, during the member's speech, she alluded to the fact that the minister could, on a whim, essentially approve or veto a pipeline project. That seems to be part of the problem. In as much as Bill C-69 is a framework, what it is lacking are rules that would apply consistently to all major pipeline projects, and this creates uncertainty and a whole host of other issues.

I was wondering if the hon. member could comment on that.

[Monique Pauzé, Québec debout, Repentigny, QC]

Mr. Speaker, I want to thank my colleague for his question. He highlighted the minister's veto power. That is what is important about this bill. Regardless of the laws and municipal bylaws, regardless of the public consultation, at the end of the day, the minister will always have the final say. This veto power is unacceptable.

[Robert Aubin, NDP, Trois-Rivières, QC]

Mr. Speaker, I thank my colleague for her speech.

I gather that my colleague analyzed Bill C-69 through the lens of her own bill, which I hope I will get a chance to speak on, because it has some interesting aspects and raises questions.

To come back to the essence of Bill C-69, at the beginning of her speech, my colleague welcomed the idea of the Liberal government putting or wanting to put more emphasis on science. However, what happened under the Conservatives and is now continuing to happen under the Liberals is that every bill gives the ministers additional powers. In this case, although we do want to put more emphasis on science, the minister will have the power to save or kill a project with a snap of her fingers.

Is there not something of a disconnect between intention and execution?

[Monique Pauzé, Québec debout, Repentigny, QC]

Mr. Speaker, I want to thank my colleague. I share his concerns.

This bill does indeed have some positive aspects. For example, there will be an agency with some experience in environment. Furthermore, environmental, social, economic, and health effects will be considered, as will public participation. We have all that in Quebec. We have an environmental review board called the Bureau d'audiences publiques sur l'environnement that was created in the late 1970s under the René Lévesque government.

However, the minister will have veto power and will get to make the final decision, which is unacceptable.

[Dane Lloyd, Conservative, Sturgeon River—Parkland, AB]

Mr. Speaker, Bill C-69 is the latest monstrosity to come out of the Liberal government, a bill that will cripple Canada's energy industry and eliminate tens of thousands of good-paying jobs across communities in Canada, particularly in my home province of Alberta. This entire process is yet another concession made by the Liberal government to radical environmental groups that will not stop until Canada's oil and gas industry is eliminated.

I reject the argument that Canada's National Energy Board was not capable of making independent decisions based upon critical public evidence and public interest. Canada's environmental assessment process is among the best in the world, because for generations, Canadians have placed a high emphasis on environmental stewardship and responsible energy development. This symbiotic relationship has allowed Canada to be innovative with environmental regulation and solutions. Our energy industry as regulated under the National Energy Board has resulted in such benefits as hundreds of billions in investments, tax revenue, jobs, and long-term prosperity in our country.

The new Liberal environmental review process threatens that foundation and our long-term prosperity. In fact, we are already seeing that happen today. Our oil prices have doubled over the past year and yet Bloomberg reports that in 2017, foreign direct investment dropped by 27%. This is primarily due to the toxic political environment that has scared away investment from Canada's energy sector.

The always shifting goalposts of the Liberals' social licence requirements are dictated by a United States funded radical environmental lobbies. They are not acting in our country's interests; they are acting in their own self-interest. While Canada appears to have been assigned to the role of a national park for the enjoyment of Americans, the United States has pushed forward with groundbreaking LNG projects and a rapidly expanding export market for shale petroleum. Canada is a hostage to American interests as our lifeblood flows down into America at a dramatic discount, only to be repackaged on American tankers at a premium market price. Canadians are doing the work and we are letting Americans get all the profits.

We live in an age of globalization and our decisions affect our neighbours. However, the Liberals have gone too far and I do not believe that other countries have the right to interfere in our energy regulation. Would the Americans, the Chinese, or the Russians entertain delegations from Canada that opposed their energy development? Never, and yet the Liberal government has eliminated the standing test, which allows only those with a direct connection to the project to have a say. Allowing foreign citizens and foreign interests to influence our energy industry policies and whether or not our regulators will allow infrastructure to be built is an attack on Canadian sovereignty.

In closing, Bill C-69 undermines our nation. It would consign us to the status of a national park for the enjoyment of people around the world, to the detriment of Canadian citizens, people who need jobs and the prosperity and stability that is created by a responsible energy sector.

It is time for the Liberals to go back to the drawing board and create policies and regulations that will actually get shovels in the ground so that our critical LNG and pipeline projects can get the support they deserve.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

It being 1:15 p.m., pursuant to order made Tuesday, February 27, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the second reading stage of the bill now before the House.

Pursuant to Standing Order 69.1, the first question is on part 1 regarding the impact assessment act, part 2 regarding the Canadian energy regulator act, the title, the preamble, the schedule, and all clauses in part 4, except clauses 85, 186, 187, and 195.

Is it the pleasure of the House to adopt these elements of the bill?