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.

Motions in Amendment

[Irene Mathyssen, NDP, London—Fanshawe, ON]

Madam Speaker, my question stems from the fact that in a previous life I was the parliamentary secretary to the minister of the environment in Ontario. As a minister, and as a government, we were absolutely clear that the government had an absolute duty to protect the environment for the people of the province, of the country. In light of that understanding, I was fascinated with the list of Liberal transgressions in regard to this bill, such as time allocation, the rejection of expert witnesses, and the refusal of amendments. The classic one is ignoring, absolutely, UNDRIP.

Is the member able to explain all of these transgressions? What on earth is the motivation if the role of the Liberals is to protect the people and the environment of the country?

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Madam Speaker, the greatest frustration with this 800-clause omnibus bill is that there is virtually no opportunity in this place to genuinely discuss the bill. The minister made promises over and over again. In questions, the Minister of Environment promised she would genuinely consider and accept amendments to strengthen the bill, and she rejected every attempt by the opposition.

All of the changes we brought forward were brought forward by the expert panel. Issues had been raised by the Auditor General of Canada, by the indigenous peoples of Canada, by industry in Canada, by municipalities, and by expert lawyers. We do not know why on earth the Liberals would not listen to the knowledge brought forward by Canadians. It is very sad. They could have had a historic moment. They could have brought forward a good credible environmental law.

[Kim Rudd, Liberal, Parliamentary Secretary to the Minister of Natural Resources]

Madam Speaker, I am pleased to speak today in support of Bill C-69.

Our government recognizes that national resource sectors are a vital part of Canada's economy. Over $500 billion in major resource projects are planned across Canada over the next decade. Those projects have the potential to create tens of thousands of well-paying jobs to support our communities and to contribute to our economy as a whole.

We have committed to regain public trust and get Canada's resources to market and to ensure those resources are developed in a responsible and sustainable way. Bill C-69 would put in place better rules that would provide predictable, timely project reviews and encourage investments. At the same time, it would ensure our environment would be protected and we could meet our commitments to reduce carbon emissions and transition to a clean growth economy.

Today, I will speak about how Bill C-69 would provide certainty for proponents and would help ensure good projects could go ahead, specifically, how it would contribute to more timely reviews and clearer requirements for companies; how it would reduce duplication and red tape by achieving our goal of one project, one review; and how it would provide a clear process and rules for transitioning to the new impact assessment system.

Throughout our extensive engagement with companies and industry groups across Canada, we heard they needed predictable, timely review processes to develop resources and get them to market. We listened, and that is exactly what the bill would provide.

Under the proposed legislation, one agency, the new impact assessment agency of Canada, will lead all major projects reviews, working closely with regulatory bodies. With one agency as the federal lead, reviews will be more consistent and indeed more predictable. A revised project list will define the types of projects that will be subject to impact assessments, providing the certainty that companies need and expect.

Our government is consulting with Canadians now to ensure the project list is robust and includes effective criteria such as environmental objectives and standards for clean air, water, and climate change. Through a new early planning and engagement phase, companies will be able to identify and address issues early in the process before an impact assessment begins. Early planning will result in tailored impact statement guidelines, a co-operation plan, an indigenous engagement and partnership plan, public participation plan, and, if required, a permitting plan.

The details of these early planning products will be further articulated in the information requirements and time management regulations. We are consulting on these now and they will come into force concurrently with the IAA. This early planning stage will define requirements and clarify expectations so companies know what is expected of them and when.

This new phase will help them design and plan their projects and more effectively engage indigenous peoples, stakeholders, and local communities. Amendments proposed by the Standing Committee on Environment and Sustainable Development will also enable the Minister of Environment and Climate Change to inform companies early on if a project is likely to have negative impacts, giving proponents an earlier opportunity to decide to continue with an impact assessment.

Bill C-69 would also put in place stricter timeline management for impact assessments, with fewer stops of the clock. Specifically, timelines for agency-led reviews would be reduced from 365 days to 300 days. Panel reviews would be shortened from 720 days to a maximum of 600 days. In addition, panel reviews for designated projects reviewed in collaboration with a federal life cycle regulator would be shortened to 300 days, with the option to allow the minister to set the timeline up to a maximum of 600 days if warranted based on the project's complexity. Timelines for non-designated projects reviewed by life cycle regulators would be shortened from 450 days to 300 days.

The regulations I mentioned earlier would also establish clear rules around when timelines could be paused. In addition, proposed amendments provide for a 45-day timeline for establishing a review panel. Together, these measures will result in more timely decisions and more certainty for proponents.

Companies will also know in advance what will be considered during reviews and what factors will guide decision-making. Reviews will take into account not just environmental impacts, but social, economic, and health effects, along with impacts on indigenous peoples and their rights.

Recognizing that not all project effects are negative, the bill would ensure that both positive and negative impacts would be considered. Amendments clarify that the government's public interest decision will be based on the assessment report and the consideration of specific factors.

The bill would also provide strong transparency measures so proponents would be informed about key decisions, as well as the reasons behind them. That includes, for example, decisions to extend the timeline for a review or to refer a final decision on a project to cabinet. Also, when final decisions are made on whether a project will go ahead, the proponent will be informed of the reasons why and will be assured that all factors were appropriately considered.

I want to note that in considering Bill C-69, the Standing Committee on Environment and Sustainable Development heard testimony from a number of companies and industry groups. There were suggestions for improving the bill, and I want to recognize the committee for listening to that feedback and responding.

As reported back to the House, Bill C-69 now includes stronger transparency provisions that would benefit proponents and provide more certainty and consistency across the legislation. Amendments would improve transparency by requiring assessment reports to incorporate a broader range of information, including a summary of comments received, recommendations on mitigation measures and follow-up, and the agency's rationale and conclusions. It would also require that public comments provided during the public reviews would be made available online. That information posted online would also need to be maintained so it could be accessed over time.

I would like to talk now about how Bill C-69 would achieve our government's goal of one project, one review. By providing for joint reviews and substitution, where a process led by another jurisdiction fulfills the requirement for a federal review, it would promote co-operation with provinces and territories, reduce red tape, and prevent duplication. In addition, we would be increasing opportunities for partnership with indigenous peoples and for indigenous governing bodies to take on key responsibilities, including taking the lead on projects.

I commend the standing committee for further advancing our objective of one project, one review. As a result of its work, integrated review panels with federal regulators can now include other jurisdictions, making it possible to have just one assessment that meets all requirements. This is important for investor certainty. This change responds directly to testimony made before the committee and what our government has heard from industry stakeholders. It supports our goal of certainty and timelines in review processes.

Finally, we have also heard how important it is for Bill C-69 to support a smooth transition between the current assessment regime and the new regime. Our government recognizes that this transition needs to be clear and predictable to encourage investment and keep good projects moving forward. We have also committed that no project will have to return to the beginning of the process. This legislation fulfills that promise. Under Bill C-69, projects would continue under the current rules where the assessment would already be under way.

Thanks to the work of the standing committee, the transition process in now even clearer. Amendments would increase predictability by confirming how the transition to the new review process would work, with objective criteria to identify projects that would continue to be reviewed un CEAA 2012, giving companies the option to opt in to the new process and confirming that no one would go back to the starting line.

We know that many companies are already adopting best practices that are in line with this legislation. Should they choose to opt in, we will provide advice and support to help them transition smoothly to the new requirement.

Bill C-69 is designed to help good projects move forward, not stop them. Our government is committed to developing Canada's natural resources in a sustainable and environmentally supportive way.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Madam Speaker, multiple times in the member's speech she used the phrases “predictable, timely project reviews” and “provide certainty” as to how projects can proceed. However, in Bill C-69, the entire approval process could take 915 days, plus there are six opportunities to extend that. There would be a 180-day planning phase, which could be extended by 90 days by the minister or indefinitely by cabinet. There would be a 45-day window for the minister to refer assessment to a panel, and this could be suspended indefinitely. There is no timeline for establishing a panel, and the panel would have to submit a report to the minister within 600 days of the establishment of the panel. This could be extended by the minister until the prescribed activities are completed, and, again, it could be extended indefinitely by cabinet. There would also be a 90-day timeline for cabinet to make a decision, and this could be extended by 90 days by the minister or indefinitely by cabinet.

My question is simple. Multiple times the member used the terms “predictability”, “timely project reviews”, and “provides certainty”. How can that be possible with the extended timelines I just referred to?

[Kim Rudd, Liberal, Northumberland—Peterborough South, ON]

Madam Speaker, I would suggest that the math of the member opposite is a bit challenged. In this process, industry clearly told us that the early planning phase, which considers all the items up front, would allow it to decide whether the project is indeed feasible, and then industry has the opportunity to decide whether to go forward with the impact assessment or regroup and go back to look at other options and alternatives. What industry does not want to see is what happened under the previous government, which is that industry had no option but to go full bore into the process and find itself, through that process, spending millions of dollars and still not having any certainty. This bill would provide that certainty.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Madam Speaker, last week the parliamentary secretary, and indeed the entire Liberal government, voted to support Bill C-262, which would make sure that all the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples. The member for Edmonton Strathcona has brought forward some report stage amendments to the bill, which seek to do just that.

In the context of Bill C-262 and the member's support for what that bill aims to do, will the Liberal government be consistent and, this week, vote in support of those amendments, which seek to do what the member voted for just last week?

[Kim Rudd, Liberal, Northumberland—Peterborough South, ON]

Madam Speaker, the hon. member's question allows me to say that as we are speaking right now, the Prime Minister is in B.C. speaking to the Indigenous Advisory and Monitoring Committee, which the member may remember is the first of its kind in Canada. This is a monitoring committee for the life cycle of the TMX project, with $64 million to support it through that process. In response to the question of the member opposite, it is really important to remember that when we look at the scope of projects that are going through Bill C-69, the indigenous engagement piece and consideration of indigenous and traditional knowledge are a key element of this bill.

[James Maloney, Liberal, Etobicoke—Lakeshore, ON]

Madam Speaker, I listened to the last two speeches, by the member for Saanich—Gulf Islands and the member for Edmonton Strathcona, who talked about this bill being pushed through the environment committee and described it as omnibus legislation, which I disagree with. I am the chair of the natural resources committee. I was at the committee and participated in the process. I am wondering if the parliamentary secretary could give us some examples of how these three departments work together to make sure that this piece of legislation works.

[Kim Rudd, Liberal, Northumberland—Peterborough South, ON]

Madam Speaker, it is really important to note that the amendments put forward at committee included input from all three elements of the bill: natural resources, transport, and environment and climate change. Three opposition amendments were passed, and, indeed, 33 amendments were passed unanimously. That speaks so well to the way we work together to ensure that this bill has an inclusive perspective.

[Xavier Barsalou-Duval, Bloc, Pierre-Boucher—Les Patriotes—Verchères, QC]

Madam Speaker, I thank you for giving me the opportunity to speak to Bill C-69. I also thank my colleague for sharing her time with me and allowing me to have a few minutes to speak about this important bill today.

This is an important bill that will have a significant impact on Quebec. This is not just a bill about the environment; it is also a bill that creates a problem as to how it will be enforced by provincial jurisdictions. I am particularly concerned about the Quebec government's jurisdiction, and that is the main point I want to make in my speech today.

Nothing at the core of Bill C-69 says that the agency has the power to enter into agreements with the provinces to delegate environmental assessments to the provinces. In Quebec, we already have the Bureau d'audiences publiques en environnement, or BAPE, which has considerable expertise and has never been contradicted. There have never been any scandals surrounding its independence or its reports, unlike various federal institutions, such as the NEB, where there have been many problems recently,especially regarding the independence of the board members. Doubt surrounding the independence of the board members can cast doubt on the findings, if there is not a proper process is in place.

Unlike the federal process, so far the process in Quebec has virtually always been respected and considered valid and credible. I think it is important to rely on credible institutions whenever possible, especially in Quebec.

It is obvious to me that Bill C-69 should let the agency delegate its environmental assessment authority to institutions under provincial jurisdiction. These institutions are often much more knowledgeable about their territory. We know that, in Quebec, BAPE conducts such assessments. Its employees have acquired a certain expertise over the years.

This bill will create a new institution with new people and with practices that have yet to be established. A new culture and new expertise will have to be developed, even though that already exists within the Quebec government. It is important to build on a solid foundation, and to rely on the people already in place and their knowledge of the area, because they are closer to the people of Quebec.

There is a major element in C-69 that is problematic. It allows the federal government to disregard provincial jurisdictions and to make decisions about what it wants, how it wants it, and when it wants it. Provincial legislation and municipal bylaws are not important. They are not taken into consideration.

This creates some big problems. Take, for example, how technology has evolved in our ridings. That may not be directly related to the environment, but there is an interesting parallel. Cell towers are being put up in our ridings, for Internet and all kinds of data transmissions that fall under federal jurisdiction. In many municipalities, these towers are being put up anywhere, in the middle of public parks, and sometimes in front of houses. This destroys the landscape, sometimes in heritage areas, even. The federal government does not work with the communities at all. Take the much-discussed issue of mailboxes, for example. Members will recall when Montreal mayor Denis Coderre infamously destroyed a mailbox. I am not condoning his actions, but I think it was an important symbolic gesture showing the federal government's failure to listen to the provinces and municipalities. When the federal government itself does not need to comply with our laws and regulations, it is even easier to completely ignore them.

Obviously, respect for the Government of Quebec's areas of jurisdiction, including on environmental matters, should be incorporated into Bill C-69. The Government of Quebec already has jurisdiction over the environment and that must be enforced. The Government of Quebec has to be able to enforce its own laws, its own rules, and be master within its own jurisdiction. If the federal government interferes all the time, it indirectly prevents Quebec from doing its job.

Bill C-69 has a lot of room for improvement in that regard. This is such a fundamental issue that the government should act in good faith, allow these changes, and abide by them. I hope all other members of the House will support us on this. Many individuals and environmental groups in Quebec share this vision.

We have seen instances of the provinces' rights not being respected, and we are about to see it again with the government imposing the Kinder Morgan pipeline on British Columbia in violation of the province's jurisdiction and the rights of the people who live along the pipeline route. When the government does not listen to the people, they see that as an injustice. A government that inflicts such an injustice loses legitimacy in their eyes, and that makes people cynical.

A government that wants to avoid cynicism must respect our institutions. There is not just one institution that matters. The government has to listen to other legitimate governments' institutions, which are just as important. To forestall intergovernmental strife, the feds must at the very least respect those institutions, but that is something the federal government does not often do.

That is one of the reasons why we in the Bloc Québécois believe that Quebec should be a country. This habit is so ingrained in this government that it can barely even function because of its arrogance and attitude of superiority. Ottawa knows best. It is always Ottawa that decides what happens and, at the end of the day, our laws and our interests are trampled on. This has to change. By amending Bill C-69, Ottawa could reach out to the provinces and try to come up with an agreement that is a little better, despite the circumstances. In short, Ottawa must respect Quebec's laws and the Bureau d'audiences publiques sur l'environnement, which is pretty important.

In addition, the bill provides no guarantee that any public hearings will be held on major projects. Public hearings are important, because they give members of the public a chance to have their say on a project. When the public does not have a chance to do so, it is much harder to adapt the project and determine what the public really wants. It is much harder to sell a project when you do not seek public opinion, even if that opinion is positive. Public consultations are fundamental to any major project and, once again, they are not even mentioned in this bill.

There are no parameters for appointing the commissioners. That is a major problem because it is the Minister of the Environment who has the power to appoint the commissioners of the future agency. We end up with the same problem that we had with the National Energy Board where the government appoints agency employees who are accountable to the person who appointed them and who sometimes have special interests.

The current bill still does not address the possibility of appointing people from industry. Obviously appointing a pipeline promoter to assess a pipeline will not work because he clearly wants the pipeline built. That is his job. Similarly, if we ask a real estate agent whether the housing market is overheated, he will always say it is not, because he wants to sell houses and get a better commission. I think this leaves room for conflicts of interest and conflicts of vision.

It is therefore important to regulate the process for appointing commissioners and appointing independent commissioners rather than having commissioners appointed by the minister who are accountable to her. We know this creates major problems with regard to perception and independence, which results in a process that does not work.

For all those reasons, we will oppose Bill C-69. It is also important to consult first nations since they too have a right of oversight and should have their say.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Mr. Speaker, I noticed that in the beginning of his speech, if I heard him correctly, the member was talking about cellphone towers and other communication devices that are inserted into different landscapes and different areas, traditionally with very little public input. When I was involved in municipal politics in Kingston, on a number of occasions the federal government, which has jurisdiction over particular areas, would do things without proper consultation with other interested stakeholders.

I wonder if the member could expand on how he sees that coming through in this legislation, and how it could be improved if he does not think this bill captures that.

[Xavier Barsalou-Duval, Bloc, Pierre-Boucher—Les Patriotes—Verchères, QC]

Mr. Speaker, my intention in bringing up cell towers was to give an example of a case where the federal government is disregarding both provincial laws and municipal bylaws. Urban planning is a municipal responsibility, and cities should be able to decide where towers should be installed. There is an important question in all this with regard to urban development and landscape integration. However, that goes beyond Bill C-69. In my opinion, the important thing is for the bill to respect areas of provincial jurisdiction and comply with municipal bylaws. The example of cell towers illustrates the federal government's tendency to disregard municipal bylaws and provincial laws. If we want good collaboration and well-run projects in the future, it is essential that the federal government get in the habit of complying with these provincial laws, since they are perfectly valid, having been passed by elected officials like us. These laws were passed for the benefit of the people. Furthermore, provincial elected representatives are often closer to their constituents than their federal counterparts, since Ottawa is quite far away for many people.

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

Mr. Speaker, I thank my colleague for his remarks. I will admit that I share some of the views he put forward in his speech. However, I think he overlooked the biggest snag, and that is what I would like to hear him talk about in the next few minutes.

Even though the bill allows BAPE to conduct a certain number of environmental assessments and make use of its expertise, the biggest snag in Bill C-69 is the fact that the minister ultimately gets to decide, with the stroke of a pen, whether to proceed, or not proceed, with the recommendations made to her, regardless of who made them.

Would my colleague not agree that the major snag in Bill C-69 is the enormous powers it gives to the Minister of Environment and Climate Change?

[Xavier Barsalou-Duval, Bloc, Pierre-Boucher—Les Patriotes—Verchères, QC]

Mr. Speaker, I thank my colleague for bringing up that issue, which I did not have a chance to address in my speech.

That is a very important point. The consultation process is not even mandatory in every situation and the government is not even required to consult the public, far from it. If there is a consultation process, we know that the people running it were appointed to do so by the minister. In fact, the minister is responsible for appointing commissioners, so there is already something wrong there. Once the consultation process is complete, the commissioners' report may not support the project, but the minister could still go ahead with it anyway. That is not good either. The process is already flawed from the outset. Basically, the process is useless because the minister can do as she pleases regardless.

What is the point of the process if the minister can do as she pleases without taking the discussions into account? That is a major problem with this bill. It is also one of the reasons why we are opposed to it.

[Sheri Benson, NDP, Saskatoon West, SK]

Mr. Speaker, one of the criticisms of this bill is that it does not include a legal requirement for free, prior, and informed consent.

I know that my colleague, the member for Edmonton Strathcona, tried to have that inserted at committee stage, and of course we find ourselves here today, once again trying to get the government to honour the passage of Bill C-262 that the House passed last week.

Will my hon. colleague be supporting my colleague's amendment on that issue today?