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.

Canada—Newfoundland and Labrador Atlantic Accord Implementation Act

[Shannon Stubbs, Conservative, Lakeland, AB]

Madam Speaker, I want to acknowledge that it was the NDP and the Liberals who voted for Bill C-69 at the end stages.

On Friday, the Supreme Court of Canada ruled that significant sections of Bill C-69, in exactly all the ways that Conservatives warned, were unconstitutional. This is important because the Government of Quebec also opposed Bill C-69 as the Liberals were ramming it through in the end stages. The NDP and the Liberals ignored both the Government of Quebec and the Conservative Party which was raising all the issues that the Supreme Court has now highlighted.

Conservatives want to green-light green projects. We want to see petroleum offshore development and renewable offshore development for the people of Atlantic Canada, but here is the problem: Sections 61, 62 and 64 of Bill C-69 are in Bill C-49.

Does the member agree that we need to get that right and make sure that we can pass this bill with the certainty, clarity and confidence that all Canadians deserve?

[Kelly McCauley, Conservative, Edmonton West, AB]

Madam Speaker, I thank my colleague from Winnipeg North for his compelling speech. I say that with a bit of sarcasm.

I want to congratulate the member, though, on his daughter's re-election in Manitoba, the only provincial Liberal elected west of Toronto. I would note that every single Liberal gave resounding, long applause for the announcement that the NDP won the election. All his colleagues are as happy that the Liberals are gone in Manitoba as the Manitobans themselves.

The member repeated quote after quote from Atlantic ministers and premiers on that, but I have a couple of quotes for him that I would like to mention. Sonya Savage, the former Alberta minister of energy, said that Bill C-69 takes “a wrecking ball to the Constitution”. Former premier Kenney said that Bill C-69 is a “prejudicial attack on Alberta”.

Why does the member care only about quotes from ministers who are not from Alberta?

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

Madam Speaker, I did oppose Bill C-69. Some of the hon. member's colleagues have said that anyone who voted for it obviously did not understand environmental assessment.

I do support Bill C-49. The Canada-Nova Scotia and Canada-Newfoundland and Labrador offshore petroleum boards need to have an expanded regulatory capacity to approve offshore wind.

I want to know if he would not agree with me that the tremendous potential for the economy in Atlantic Canada is in wind-generated hydrogen.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Madam Speaker, the hon. Premier Furey has stated that he wants this bill and needs this bill to pass, for clarity, for his own well-being.

It is our job in this House to clear up any confusion. The Supreme Court ruled 5-2 that Bill C-69 was unconstitutional. Over a third of Bill C-49 includes policy from Bill C-69. We need to fix this bill now, before it goes further.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Madam Speaker, it is a pleasure to rise today to speak to Bill C-49.

We are all painfully aware of the Liberal government's track record when it comes to tabling confusing legislation: more gatekeepers, more red tape, longer delays and the politicization of decision-making.

Canadians everywhere are tired of the Prime Minister, who scares businesses away from investing in our country. They are tired of stifling bureaucracy and costly Liberal bills. This bill is full of this.

The Prime Minister and his Liberal government have been in power for eight long years. They have nothing to show on the renewable energy front and have made no progress on attracting investment to Canada's energy sector. It is quite the contrary, so forgive me for being somewhat skeptical about the state of this current legislation as it is written.

We have seen this dog-and-pony show over the last eight years, over and over again. We had Bill C-55, Bill C-68 and Bill C-69, to name just a few. The Liberals consult, they equivocate and they blur the lines. They do everything they can to muddy the water, except get the job done.

Bill C-49 proposes to make the Canada-Newfoundland and Labrador Offshore Petroleum Board and the Canada-Nova Scotia Offshore Petroleum Board regulators. At the same time, it would create a regulatory framework for offshore wind and renewable energy, the regulation of which would be added to their mandates.

As my colleagues have stated before on this subject, the Liberals have finally decided to include the provincial governments as partners in decisions affecting their jurisdiction. Of course, they did not do this with Bill C-69, and we all know where that unconstitutional legislation stands.

Bill C-49 would triple the current regulatory timeline for project approval. Currently, the provincial review boards have the final say on the approval or rejection of a project, at which point the relevant provincial or federal ministers are given a 30-day period to respond before the decision is finalized.

Under Bill C-49, ministers would be given 60 days to respond, with the possibility of a further 30-day extension and a further possibility of an indefinite extension.

Thanks to nearly a decade of the Prime Minister, Canada is a country that is characterized by a strict and stifling red tape regime. We are now among the most costly and regulated business environments in the world.

Liberals continue to attack traditional energy development, trying to recklessly phase it out, to the detriment of all.

I will remind the House that the first thing the Prime Minister did after his election in 2015 was to publicly apologize for Canada's natural resources, saying that he wanted Canadians to be known more for our resourcefulness than our natural resources under his government.

It does not get much more out of touch than that. Liberals say they want to boost alternative energy, yet they use a bill like this to suffocate it in regulation and red tape. The proposed framework is not only one that creates more bureaucracy and red tape, but one that politicizes each and every step of the decision-making process. By giving final authority to federal and provincial ministers, the regulators are reduced to the position of giving recommendations only to the government.

To be clear, Canada's Conservatives support the responsible exploration and development of offshore resources, but we also believe it should be done responsibly, through an arm's-length regulatory process, not political decision-making.

An even more disturbing aspect of this legislation is its potential to be used to impose a complete shutdown on offshore oil and gas development projects at any time. I will say this again. This bill could end offshore petroleum extraction in Atlantic provinces for good at the whim of a minister.

This bill is a direct attack on one of Newfoundland and Labrador's key industries, one that generates billions of dollars of revenue and thousands of jobs. Section 28 and section 137 would allow the federal cabinet to halt an offshore drilling or renewable energy project if the area “may be identified” as a marine protected area in the opinion of cabinet.

I bring us back to Bill C-55, a bill Conservatives staunchly opposed. It allows the fisheries minister to unilaterally declare an area to be a marine protected area, essentially using the precautionary principle to shut down projects in the absence of any scientific proof.

Bill C-49 would do exactly the same, and this should scare every Atlantic Canadian. There could be a unilateral decision by a minister that is not based on science, leading to an arbitrary opinion from the cabinet that leads to the shutdown of a vital offshore resource development project our country desperately needs.

This is not the way to govern if Canada ever hopes to attract business investment in our energy sector. Furthermore, this cancellation process for new or currently operating projects provides no meaningful consultation with indigenous or community interests whatsoever. There is zero responsibility for any stakeholder consultation. This abdication of responsibility, this failure to fulfill the Crown's duty to consult with indigenous interests, may also invite extensive court challenges, leading to further delays as was the case with the Trans Mountain pipeline debacle.

As I alluded to before, there are also a number of practicalities with the bill that beg for clarification. For instance, the bill requires some degree of federal funding to cover the expansion of mapping by the regulators, as well as the expansion of offshore activities generally. As for these financial implications, there is no specific funding allocated. We must also question whether the regulators will need additional personnel for technical expertise, along with additional funding to allow them to properly fulfill their new responsibilities under their new mandate. If so, where is this money coming from? Is it even realistic to expect the regulators to be prepared in a timely fashion to deal with this new work that is currently outside their scope? Bill C-49 leaves much to be desired in the way of clarity.

After eight long years of this Prime Minister, Canadians should be very wary of a government that says, “Don't worry about the details; we'll deal with them later.” They need answers now and they deserve answers now, answers this government must be prepared to provide the House.

I was hoping the government would learn from its failure with Bill C-69, which had the same lack of detail on crucial issues, uncertainty about roles and responsibilities and vague timelines, but this legislation shows that they have learned absolutely nothing, which comes as no surprise.

We see the same inefficiencies of Bill C-69 imported into Bill C-49. Not only does the Impact Assessment Act have provisions to allow the federal minister to interfere in any given project if they deem that it is “in the public interest”, but it would also allow them to create any arbitrary conditions to which a project proponent must comply. How does that create confidence or certainty for investors? Is it not the responsibility of government to create an environment in which businesses want to invest, and in which businesses want to create jobs and opportunities for Canadians? This Prime Minister seems to have forgotten this part of his very own mandate.

These provisions go further and would allow the minister, again, to impose arbitrary conditions during project review, which would serve to further delay timelines for an unspecified amount of time, potentially even years. This will only drive industry away from Canada. It provides absolutely no certainty to these businesses that want to invest potentially billions and billions of dollars in our country.

It cannot be overstated how detrimental the consequences of more Liberal uncertainty are. Shamefully, this has been the effect of taking Canada out of the global competition for energy development, both traditional and alternative, when instead we should be a global leader.

Going back to my earlier comments, perhaps this is exactly what the Prime Minister meant. Not once has he championed the Canadian energy sector on the world stage. Instead, he apologized for our existence, which only drives investment to other countries and squanders opportunities for Canadian workers. We have the resources and we have the workforce and industry leaders. We can be a global leader in the energy sector. Instead, the Prime Minister prefers to cede market share to overseas dictators whose environmental human rights standards are non-existent.

It is time to put Canadian energy first, it is time to put Canadian jobs first and it is time to put Canadians first. It is time to bring home powerful paycheques. We need a Conservative prime minister who will green-light new technologies, reduce approval timelines and remove the Liberal gatekeepers so that major energy infrastructure projects can finally be built in this country once again.

With that, I would like to move, seconded by the member for Lakeland, that the bill be amended by deleting all the words after the word “that” and substituting the following:

the House decline to give second reading to Bill C-49, An Act to amend the Canada—Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to other acts, since sections 61 to 64 of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other acts, have been ruled to be unconstitutional by the Supreme Court of Canada, and those same sections are embedded in Bill C-49.

[Gerald Soroka, Conservative, Yellowhead, AB]

Madam Speaker, I must admit that was a very lovely statement that the member for Winnipeg North just cast upon us. However, he is also a member who supported Bill C-69 that was found unconstitutional.

The member talks about how this is going to make it much easier for green projects to be built. I am quite sorry, but that is not true. There are a lot of burdensome regulations in there, and it does not matter whether it is going to be traditional or renewable energy resources. Either way, this bill is going to stifle any kind of development.

[Gerald Soroka, Conservative, Yellowhead, AB]

Madam Speaker, today I rise to speak on Bill C-49, a piece of legislation that has garnered significant attention, concern and debate, both in this House and across our vast nation. As the representative of Yellowhead, a region known for its profound commitment to responsible energy development, I feel compelled to voice the concerns of my constituents.

At first glance, Bill C-49 may appear as a simple regulatory measure. However, digging deeper, we unearth layers of bureaucratic red tape that could stifle our nation's energy ambitions. History has shown that Canada's west, which is rich in resources and determination, has the potential to drive our national economy, yet time and time again, we find ourselves grappling with legislation that seems more intent on creating roadblocks than pathways.

A case in point is Bill C-69, which has been dubbed the no-more-pipelines bill by many. While the bill promised streamline processes and heightened project approval rates, the results have been far from encouraging. The stagnation is not just concerning, it is alarming.

Recently, large portions of Bill C-69 were deemed unconstitutional, casting a shadow over its legitimacy and efficacy. Instead of learning from these missteps, Bill C-49 threatens to echo these sentiments.

It layers on more gatekeepers, prolongs timelines and moves us further from our energy development goals. The current 30-day window for cabinet decisions could be stretched out, making it harder for projects to gain momentum. Is this the vision we have for Canada's energy sector?

Section 28 and section 137 of this bill would grant unchecked power to select officials by allowing them to potentially halt projects based on speculation rather than solid evidence. This is not how we should be governing our energy sector, or any sector for that matter.

Furthermore, I am deeply troubled by the absence of consultation with the fishing industry. Our commercial fishing communities play a pivotal role in our national fabric. To leave the industry out of the conversations surrounding Bill C-49 is not just an oversight, but a grave error.

I implore my colleagues, especially those representing Atlantic Canada, to critically assess Bill C-49. It is essential that we do not find ourselves down a path reminiscent of the failed and recently found unconstitutional bill, Bill C-69.

It is not just about looking at Bill C-49 in isolation. It is about understanding its place within a larger tapestry of regulations with potential cascading effects and how it communicates our nation's stance on energy development to the world.

When global investors see a nation riddled with regulatory obstacles and prolonged approval processes, they hesitate. They wonder if their investments would be bogged down in red tape, rather than contributing to tangible development and returns. In this globalized era where nations vie for the same pool of investments, we cannot afford to send mixed signals.

Yellowhead, the region I am honoured to represent, embodies the pioneering spirit of Canada. Our people understand the value of hard work, the balance of harnessing resources while preserving the environment and the importance of creating sustainable futures for our children.

When faced with bills like Bill C-49, my constituents cannot help but feel their ambitions are being curtailed and their efforts marginalized. What kind of message are we sending to innovators and entrepreneurs when we allow bureaucracy to overshadow ingenuity? Do we want to be a nation that says we value green energy, yet simultaneously creates hurdles for its implementation?

Our constituents deserve clarity. They deserve to understand where we stand as a nation on energy, be it traditional or renewable. Bills like Bill C-49 do not provide that clarity. Instead, they further muddy the waters, leaving our energy sector, investors and countless Canadians whose livelihoods depend on it in a state of uncertainty.

As we move forward in our deliberations, I urge all members of this House to reflect not just on the specifications of Bill C-49, but on the broader message it sends about Canada's energy ambitions. Are we paving a way for innovation, sustainability and prosperity, or are we creating more roadblocks?

Our path should be clear. It should be one that aligns with our nation's values, our people's ambitions and our shared vision for a prosperous future.

While we have discussed the energy sector at length, there is another point we need to address, which is the overarching issue of governance, checks and balances. The manner in which projects are approved and by whom is critical to any democracy. Our systems are set up to ensure that no single entity has unchecked powers, but Bill C-49 challenges that foundation.

Let us examine the discretionary powers given to certain departments and ministers. This bill is granting a level of authority to officials that is a profound overstep in proper governance. To be clear, this is not about the mistrust of any individual or department; rather, it is about preserving the balance of power and ensuring that our projects undergo rigorous, unbiased scrutiny. The way the bill is written allows for the potential blocking of projects based not on existing tangible concerns but on speculative future possibilities. The implications of such a provision are profound. Can we in good faith stall or reject initiatives based on what might or might not happen in the future? This is a slippery slope.

Today it is a hypothetical future establishment of a marine protected area, but tomorrow it could be any number of speculative scenarios.

Furthermore, the recent decision of Bill C-69 rings in my ears, a bill that was found to be largely unconstitutional.

We are tasked with a duty to create and uphold laws that not only serve our nation's interests but also align with the foundational tenets of our Constitution. We must tread carefully, ensuring that the powers we grant and the decisions we make stand the test of constitutional scrutiny. As representatives, it is our duty to stand up and ensure that any bill, including Bill C-49, does not undermine the checks and balances that are integral to our democracy. It is not just about energy, fisheries or any singular domain, but about ensuring that we safeguard the processes, checks and balances that have served our nation well for over a century.

Let us pivot our attention to the precedents this bill may set, especially in regions like Yellowhead. My constituents are hard-working individuals who are deeply connected to their land and environment. Our region boasts an abundance of natural resources and we wear our badge of responsible stewardship with pride. The decisions we make here have profound ripple effects on their lives and they anticipate a bill that resonates with their aspirations, traditions and future, yet Bill C-49 emanates an unsettling ambiance of unpredictability. By extending decision-making durations, we risk strangling potential projects in the web of red tape. Every additional day waiting for decisions translates to missed ventures, evaporating investments and, tragically, job opportunities slipping through the fingers of deserving Canadians. In an era where global competition is fierce, Canada's industries must remain nimble and compelling. While addressing environmental concerns is non-negotiable, our approach must also facilitate growth and progress. Burdensome regulations that deter investment and impede rapid action can render Canada an unattractive site for both local and global investors.

While the essence of Bill C-49 is noble, its present rendition leaves several questions unanswered. It is incumbent upon us, as representatives of Canada, to ensure our legislation strikes the right chord of fairness, dynamic progress and inclusivity.

I urge my colleagues to reflect deeply on the ramifications of this bill. I intend to hear from our diverse constituents.

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

Madam Speaker, I noted earlier in debate that some members incorrectly said that the findings of the Supreme Court of Canada in the reference case on the impact assessment meant that there would be overreach in this bill, Bill C-49. As a formerly practising environmental lawyer who did not think Bill C-69 was constitutional, I would like to say that Bill C-49 is absolutely constitutional. There is nothing more federal than the offshore. This is federal jurisdiction.

Is my hon. colleague aware that the race is on right now between the United States and China to see who can get more offshore wind in faster?

[Earl Dreeshen, Conservative, Red Deer—Mountain View, AB]

Mr. Speaker, this past weekend marked a significant milestone for many of us in this House. It has been 15 years since the class of 2008 began its journey of service to Canadians. I still have the picture on my refrigerator of my brothers and my father celebrating that special evening.

My first duty as an MP in this House was the spectacle of the multi-vote Speaker selection, which was particularly significant to me.

During the first break, I crossed the floor to speak to a hockey idol, or nemesis, of mine, the hon. Ken Dryden. I relayed to him how, as an eight-year-old, I had been told by my aunt that we had this relative who may even make it to the NHL some time. She was an Orr. We had a lot to discuss.

During the second vote break, I noticed the Right Hon. Stephen Harper doing paperwork at his desk in the House, so I went over to chat and enjoyed a fantastic one-on-one discussion with him. I proudly relayed those two experiences to my father while he lay in his hospital bed just a week before he passed away. It was the last smile we shared.

I am happy to speak to this legislation today, as it fits well into the responsibilities that I have been engaged in over this past decade and a half. The committees that I have served on that have touched this file include international trade, science innovation and technology, indigenous affairs, environment and, most recently, natural resources.

I have also advocated for Canadian resources on the global stage through the OSCE, ParlAmericas and Asia-Pacific. Most specifically, this advocacy has been on food security, energy security and addressing global conflict with rogue states, as well as international terrorism.

On the international front, when the Liberals, particularly the Prime Minister, get the opportunity to grandstand, it is a bewildering sight. Whether it be disruptive trade irritants with our trusted allies, ill-conceived and anti-natural resource eco-activist proclamations or unprofessional statements to global leaders, sadly, we now have a global reputation where we are showing others just how unreliable we are.

When it comes to the actions of the Prime Minister and his numerous environment ministers, the effects on both the energy industry and the global environment, as well as the lost revenue that could have kept our economy strong, could not be more dire.

This bill would amend the Canada-Newfoundland and Labrador Offshore Petroleum Board and the Canada-Nova Scotia Offshore Petroleum Board by adding offshore renewables to their mandates. It would also create a regulatory regime for offshore wind and other renewable energy projects similar to those that currently exist for petroleum operations.

It would also allow the federal government to rely on regulators for indigenous consultation. Unfortunately, this might result in court challenges and detrimental judicial decisions. This bill would add more red tape and uncertainty to an already overburdened bureaucratic framework.

The Atlantic offshore drilling ban could end offshore petroleum drilling in the Atlantic provinces in any designated region deemed to be a prohibited development area. Again, this would be done by political decree.

Let me express my admiration for the thousands of Maritimers who shared my home province of Alberta and became experts in oil and gas extraction. As with any job so far from home, it was a true family commitment. It has also helped enhance the energy expertise needed to explore and extract oil and gas in the Atlantic offshore. Sadly, the government views any criticism of its lauded legislative goals as being anti-Atlantic. That could be no further from the truth.

The energy industry knows far too well the effects of Liberal policy on its Canadian assets. The industry does not need even more investors turning their backs on ethically produced and carbon-reduced energy, as well as strong workers rights, to satisfy the ideological fantasies of the Prime Minister and his cabinet.

The proposal to rely on regulators to satisfy the duty to consult with indigenous people, particularly in the proposed section 62, is of concern. It is well known that the government does not have a solid track record when it comes to serious discussions with indigenous people. The proposed section may face challenges in the future and jeopardize both offshore petroleum and renewable energy proposals on the grounds that it is the Crown's duty to consult, and this cannot be delegated elsewhere.

In the past, judicial decisions on major energy projects consistently cited the failure of a two-way dynamic and the lack of a decision-maker at the table during Crown-indigenous consultations. Is that what is being created here?

The legislation also speaks of indigenous collaboration. The history of the government's policies could leave billions of dollars of indigenous assets at risk. Will this be addressed?

The government currently formulates most of its environmental goals around the American Inflation Reduction Act, thinking that we will somehow benefit from American benevolence. Where was the government when the Biden administration's first action was to cancel the Keystone XL pipeline? There is not a chance that it was advocating for Canadian energy. It was too busy gleefully rubbing its hands, because someone else had done the dirty work. What are the consequences of these actions?

The Americans are not fools. Instead of allowing Canadian products to get to world markets, the U.S. is now flooding these same markets with their oil and gas. Indeed, we were outsmarted and outplayed, because the Americans knew the Liberals were more concerned with ideology than practicality. So much for ensuring that the energy produced in the most environmentally friendly way in the world makes it to our trading partners' shores.

However, there is a chance that our Atlantic offshore energy could help make this happen, as long as we do not put too many obstacles in the way. Many of the provisions and regulations that we see in this bill mirror the legislation that has just been struck down by the Supreme Court of Canada. On the issue of the recent SCC decision, there is much more to it than just this proclamation.

In September 2019, the Alberta government announced its court challenge of Bill C-69, and on May 10, 2022, Alberta's Court of Appeal deemed Bill C-69 unconstitutional. This of course prompted the Government of Canada to appeal that decision, which is its right.

Meanwhile, other provinces chimed in, stating their disapproval of the Impact Assessment Act provisions and the act's intrusion on provincial jurisdiction. I state this because the mechanism associated with Bill C-69 is mirrored in this legislation.

The jurisdictional overreach of Bill C-69 allowed for political interference in the regulatory process by the Minister of Environment and cabinet. It has been disastrous for Canada's extraction industries.

Conservatives have warned the government and its NDP enablers that this unprecedented power over provincial infrastructure, industry and natural resources, including wind, hydro, critical minerals, and oil and gas, would hurt Canadian workers and was unconstitutional. This was upheld in the SCC decision this past week.

One of the other features of this bill addresses the full life-cycle analysis of renewable projects. This has been one of my missions when discussing both renewable and non-renewable energies. We have to analyze the environmental impact of all forms of energy, including its transmission. We must also measure the impact associated with the machines that are powered by this energy. Only then can we fairly determine what is the best type of system available for each region of this vast nation. This is important, because we are sorely needed on the world stage.

As I mentioned earlier, I have spoken up consistently in support of Canadian resources, both for agriculture and renewable and non-renewable energy. We hear from the government how European countries are onside with Canada's aggressive carbon tax and its anti-oil strategy. It may make them feel good that other ideological governments share their vision, but that is not the reality on the ground.

On the political front, we see those governments that continue to push the global green agenda onto its electorate being laid waste. The Liberal members seem to be too blinded by their leader's aura to see that it is happening here as well. This strategy of pitting one group against another is a logical tactic for combat, but not an honourable formula for governing. This is why this legislation needs to be amended.

Oil and Gas Industry

[Tim Uppal, Conservative, Edmonton Mill Woods, AB]

Mr. Speaker, after eight years of the Prime Minister's gatekeeping, anti-pipeline, anti-resource development policies, hundreds of billions of dollars of project investments have fled Canada, taking countless powerful paycheques away from Canadian workers.

The Liberals are just not worth the cost. Conservatives warned the Liberals that their plans to steamroll provinces by giving themselves unprecedented powers over provincial infrastructure, industry and natural resources through their no-more-pipelines bill, Bill C-69, was unconstitutional.

Will the Liberals repeal Bill C-69 now that the Supreme Court has ruled it unconstitutional? Yes or no?

Canada—Newfoundland and Labrador Atlantic Accord Implementation Act

[Shannon Stubbs, Conservative, Lakeland, AB]

Madam Speaker, I want to thank my colleague from Nova Scotia for addressing this legislation and for speaking the truth about the negative impacts it would have on both offshore petroleum development and the future of renewable offshore development.

I wonder if he would expand on how disastrous it would be to proceed with Bill C-49 now, given that sections from Bill C-69, sections 61, 62 and 64, which are all embedded in Bill C-69, have now been declared by the Supreme Court of Canada, on Friday, to be largely unconstitutional.

I wonder if he would expand on exactly the perils of proceeding with this legislation, which they are rushing through on time allocation, given that we would all know that we were passing a bill with significant clauses that are unconstitutional.

[Stephen Ellis, Conservative, Cumberland—Colchester, NS]

Madam Speaker, I do not need that Liberal member to get me a meeting with Tim Houston. As a matter of fact, I met him on Saturday, oddly enough.

Do members know what Premier Houston said? He said that the Liberals need to think more clearly about what Bill C-49 means now that we know that Bill C-69 has been declared unconstitutional. He also made reference, very clearly, that they are not taking seriously the problem with the Chignecto Isthmus in Nova Scotia.

He also made it very clear that he knows that Atlantic Canadians, and specifically Nova Scotians, are suffering under this punishing carbon tax. He wonders how, in heaven's name, the Atlantic Liberals could stand up and vote 23 times for a carbon tax, which they continue to want to raise, punishing Atlantic Canadians for living rurally, mainly living in single family dwellings, not having public transit and those kinds of things. When I met with the premier on Saturday, those were the things that were important to him.

[Stephen Ellis, Conservative, Cumberland—Colchester, NS]

Madam Speaker, it is always a pleasure to rise in the House on behalf of the folks from Cumberland—Colchester, especially when it is to speak to a bill that would negatively affect potential development in Nova Scotia. We have heard from many people in the House, Atlantic members of Parliament specifically, wanting to now portray themselves as the saviours of Nova Scotia. They are going on, touting how many people really want to be a part of the bill, which we know is utter hogwash.

We know that Bill C-49 would create uncertainty and control. By that, I mean it would create uncertainty and control related to the cabinet members of the NDP-Liberal coalition government. The difficulty we see there is that they are the ones who would assume the ultimate decision-making process when looking at the development of the offshore industries in Nova Scotia. We know very clearly that they would want to stop projects in the ocean to have ultimate control of their fiefdom, as they have had on land now for many years, and to effectively kill the oil and gas industry in Nova Scotia. It is really quite shocking.

We know that representatives from Germany came to specifically Nova Scotia in Canada and said that they would like to have our natural gas. The Prime Minister said that there is no case for natural gas. He asked who would need natural gas and why anyone would want natural gas. We also know that the NDP-Liberal government has killed 17 natural gas projects in this country, which obviously shows its true colours. Those members not only want to control it, but also to control the destiny of people in Atlantic Canada.

We know that the bill is rife with difficulties, red tape, long delays, stifling unproductivity and an unfriendly business environment. That part of this really hearkens to the words of a friend whom I had an opportunity to see during the break week, who said that, for people who build houses, the red tape, delays, bureaucracy and cost that the NDP-Liberal coalition has created really make it absolutely unpleasant, unpalatable, unfair and unpredictable for someone to even want to build simple housing in this country. Going forward, why would Canadians want to continue to have the voice of the NDP-Liberal coalition, and cabinet members in particular, making those decisions?

We know that, as my colleague spoke to before, at the discretion of a cabinet member, it could possibly create marine protected areas for anything that could possibly, at any time in the future, be examined or have difficulties. With any of the ambiguous language put forward, they would create marine protected areas that, of course, would stymie development.

We also know that the track record of the government, when it comes to offshore projects, is absolutely atrocious. We know that Sustainable Marine's tidal energy project, offshore in Nova Scotia, partly in my riding of Cumberland—Colchester, was effectively stopped by the government. We know that Sustainable Marine simply asked for direction going forward from the Department of Fisheries and Oceans, and it got absolutely nothing from the department.

This was the first time a project in the development of tidal energy had put energy back into the grid, and it was measurable. It also had significant abilities to monitor for fish strikes. Even the government arm of monitoring, called FORCE, on the tidal energy project, readily admitted, when I met with those folks and Sustainable Marine energy, that there were no worrisome signals or fish strikes. There was one fish that swam through one of the turbines, but other than that, no fish were harmed in this process.

The scope of Sustainable Marine's tidal energy project is really related to the fact that, if it were able to harness a significant amount of the energy off the Bay of Fundy, which has the highest tides in the world, there would be potential there to power all of Atlantic Canada in perpetuity with minimal cost. When we look at that kind of a project, which the Liberal government has absolutely no ability to support or go forward with, then I ask again why Canadians would want to say that we should allow the cabinet minister to have the opportunity to decide when projects should or should not go forward.

The difficulty, and my colleague, the member for Coast of Bays—Central—Notre Dame mentioned this, is that there are many sections of overlap from Bill C-69 embedded in Bill C-49. We know that the Supreme Court of Canada has very clearly declared Bill C-69 unconstitutional.

Just a few things, if I may. Clauses 61, 62, 169 and 170 of Bill C-49 invoke section 64 of Bill C-69, the Impact Assessment Act, where the minister finds that a given project's adverse effects within federal jurisdiction and its adverse direct or incidental effects are in public interest, section 64 allows, and in fact requires, the minister to create any conditions which they deem appropriate in relation to those effects and with which the project proponent must comply.

In Bill C-69, the Liberals forced all offshore drilling to be subject to a review panel, increasing the timeline from 300 to 600-plus days for offshore reviews. Conservatives raised this as a major point of concern with Bill C-69. The impact assessment by the agency can take 1,605 days, which, sadly, is four and a half years, if all aspects of the process are followed.

This bill specifies section 64 of IAA, which allows the minister to create any condition they wish, based on an impact assessment report, which could add another 330 days to the process, if it was stated in clause 62 of Bill C-49, required by the regulator or prescribed.

What we are talking about is a country where people cannot afford to feed themselves, to put a roof over their heads and to generally look after their families. When we understand that the NDP-Liberal coalition continues to want to put up red tape, barriers and concerns, then we know what is on the mind of Atlantic Canadians.

Those of us who went back to our ridings last week talked to people, and they talked about the carbon tax and the cost of living. We know that the Atlantic Liberals over on that side of the House have voted 24 times in favour of a carbon tax, over and over again.

There is one person on that side of the House, a Liberal, who has suddenly found religion, or perhaps he has found the Conservative common sense. I cannot exactly explain why, but we do know that he was on TV and was quoted multiple times. I think it is germane to read into the record one of the great quotes:

I believe we have to change the way we're approaching the climate change incentive, whatever you want to call it. I think what we're using right now, at this point in time, is putting a bigger burden on people who are now struggling with an affordability crisis.

A gentleman on the opposite side said that. When we go back to our ridings in Atlantic Canada and hear of the difficulties, we understand very clearly that the Atlantic Liberals continue, over and over, to vote for a punishing carbon tax. What do they want to do now? They want to create further problems for Atlantic Canadians by stopping projects in the ocean.

We already know that they continue to do this on land with the statistics that I quoted previously, the delays of four and a half years on projects. Again, I will tie that to the builders we hear from to understand very clearly that they are giving up on their dreams of building houses and projects for Atlantic Canadians because it is an untenable position.

It is intolerable. It is unacceptable. It is unexplainable why the NDP-Liberal coalition wants to continue to stymie development in Atlantic Canada. That is something, on this side of the House, that we will not stand for.

[Clifford Small, Conservative, Coast of Bays—Central—Notre Dame, NL]

Madam Speaker, I wish the member for Kings—Hants were as familiar as my hon. colleague about what is going on with the gatekeeping in our offshore oil and gas industry.

In response to the member's question, anything that is related to Bill C-69 in Bill C-49 needs to be scrapped, given how the court just ruled and how Bill C-69 is now in total jeopardy.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Madam Speaker, the Supreme Court recently ruled that Bill C-69 is unconstitutional. Since Bill C-69 is embedded in the bill we are discussing, Bill C-49, it would also make this bill unconstitutional. What does the member think the proper response should be?