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.

Bill C-69—Notice of time allocation motion

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Madam Speaker, an agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the second reading stage of Bill C-69, an act to enact the impact assessment act and the Canadian energy regulator act, to amend the Navigation Protection Act and to make consequential amendments to other acts.

Under the provisions of Standing Order 78(3), I give notice that a minister of the crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Access to Briefing on Bill C-69

[Ruth Ellen Brosseau, NDP, Berthier—Maskinongé, QC]

Mr. Speaker, my colleague, the member for Abbotsford, made some very interesting points in his intervention today on the question of privilege concerning Bill C-69.

We have at hand a very serious matter. I would like to take the time to review it and maybe come back to the House to comment further.

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, I bring before you today a matter of privilege that could more properly be characterized as an issue of contempt of this House. I accept that the complaint that I will present does not fall strictly within one of the specifically defined privileges or confines of a proceeding in the House of Commons, but it does constitute contempt of this House and its members by the Minister of Environment and Climate Change and her staff.

At page 81 of the third edition of House of Commons Procedure and Practice, it states:

There are...other affronts against the dignity and authority of Parliament which may not fall within one of the specifically defined privileges. Thus, the House also claims the right to punish, as a contempt, any action which, though not a breach of a specific privilege, tends to obstruct or impede the House in the performance of its functions; obstructs or impedes any Member or officer of the House in the discharge of their duties; or is an offence against the authority or dignity of the House...its Members, or its officers.

On Thursday, February 8 of this year, the Liberal government tabled in the House 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. In short, these were the government's long-awaited amendments to Canada's environmental impact review process and took the form of an omnibus bill running some 370 pages long.

The Minister of Environment chose to table the bill at 10 o'clock on the morning of February 8, and 45 minutes later, proceeded to hold a formal briefing by her officials, to which only the media and select stakeholders were invited. It was only at 4 p.m., some five-plus hours later, that officials held a briefing for members of this House.

When I became aware of those proposed timelines and circumstances, my office immediately contacted the office of the minister to express my concerns and demand that I be provided access to the first briefing, which was supposed to take place at 10:45 in the morning, to which only the media and select stakeholders had been invited. My staff was told by the environment minister's office that the first briefing was for invited guests only and that neither I nor any of my staff had made the cut. We were not on that approved list.

I did attend the second briefing at four o'clock that afternoon, when I was given a brief opportunity to ask some questions of the departmental staff regarding Bill C-69. Of course, during the intervening period, between 10:45 a.m. and 4 p.m., members of the media were already filing their stories and sympathetic stakeholders were spinning theirs. Opposition MPs were left scrambling to play catch-up to understand the import and consequences of a 370-page bill. Mr. Speaker, you will have no difficulty understanding how challenging it would be for the opposition members of this House to opine intelligently and engage with the media on a bill of that length, especially in the absence of a timely briefing from the minister and/or her officials. The result was that members of Parliament could not adequately respond to inquiries from the media and the broader stakeholder community because we were kept in the dark by the minister and her officials.

There is no doubt in my mind that the briefing of media stakeholders hours before members of this House received one was done with forethought and mischief in mind, if not by the minister, then certainly by her officials. What other explanation can there be for a denial of my specific request to attend the earlier briefing? There is no other conclusion. In so doing, the minister impeded every single member of this House.

The conduct of the minister and her staff is exactly why the tone and tenor of debate in this House has declined. Someone tried to be clever and tried to withhold information from the House, even if temporarily. Someone obstructed our access to public servants who had important information to share, but granted preferential access to the media and sympathetic stakeholders as part of a plan to place a positive spin on legislation that is critically important to Canada's resource economy. Such shabby treatment of the members of this House is unworthy of the government.

Speaker Milliken explained it this way in his ruling on March 19, 2001:

To deny to members information concerning business that is about to come before the House, while at the same time providing such information to media that will likely be questioning members about that business, is a situation that the Chair cannot condone.

In the case Speaker Milliken is referring to, the government briefed the media before the bill was even introduced. In the case before us, the minister at least waited to introduce the bill, but the principle is the same.

I would argue that with a 367-page omnibus bill such as Bill C-69, the minister's responsibility to this House does not end with dumping the bill in the laps of members and running off to brief the media ahead of members. Providing the media with access to information about legislation before members of this House receive it is, as Speaker Milliken ruled, a situation that the Chair should not condone. The minister deliberately withheld information from members, while providing information to the media. As Speaker Milliken also pointed out, that same media will likely be questioning members of this House about the bill. That is exactly what happened to me, and I expect other members of this House.

On page 213 of Joseph Maingot's Parliamentary Privilege in Canada, he states:

There are actions which, while not directly...obstructing the House of Commons or the member, nevertheless obstruct the House in the performance of its functions by diminishing the respect due it. As in the case of a court of law, the House of Commons is entitled to the utmost respect....

I could not agree more. We in opposition and the members of the Liberal backbench deserve more respect from the minister. We, not the media, are the ones tasked with reviewing and shepherding this bill through Parliament. It is not the media that does that.

Mr. Speaker, I would now like to draw your attention to the direction the Prime Minister gave to his ministers after the last election. In releasing these directions, the Prime Minister said:

The documents we are releasing today provide guidance on how we must go about our responsibilities as Ministers, and I encourage Canadians to read them and to hold us accountable for delivering these commitments.

What did the Prime Minister direct his ministers to do? In the Prime Minister's guide to ministers, which is entitled “Open and Accountable Government”, it states:

Clear ministerial accountability to Parliament is fundamental to responsible government, and requires that Ministers provide Parliament with the information it needs to fulfill its roles of legislating, approving the appropriation of funds and holding the government to account.

Did the Minister of Environment forget to read the Prime Minister's direction? Her actions clearly demonstrate that she believes that journalists take priority over members of this House. Someone should point out to her that journalists, although they play an important role in our democracy, are not the ones who will review and process her bill through Parliament. Effectively, she has failed to respect and support parliamentary process.

The Prime Minister also issued a mandate letter to the environment minister, which is public. In it he states:

We have also committed to set a higher bar for openness and transparency in government. It is time to shine more light on government to ensure it remains focused on the people it serves.... It is important that we acknowledge mistakes when we make them.

Just over a week ago, when the minister was in the House, opening debate on Bill C-69, I had the chance to bring this breach of privilege to the minister's attention. I reminded her that she and her officials had scheduled a briefing for the media well before MPs received theirs. I asked her in the House to acknowledge that her actions were wrong and to apologize to the House for those actions. The minister refused to do so, and in fact bridged into a completely unrelated answer, compounding the disrespect she had already shown toward the House.

She clearly has not taken seriously her mandate letter which says, “It is important that we acknowledge mistakes when we make them.” She certainly made one.

The mandate letter goes on to say:

As Minister, you will be held accountable for our commitment to bring a different style of leadership to government. This will include: close collaboration with your colleagues; meaningful engagement with Opposition Members of Parliament....and identifying ways to find solutions and avoid escalating conflicts unnecessarily.

Again, the minister and her government clearly have shown no intention of upholding the purported higher standards that the Prime Minister claimed he would uphold. Sadly, quite to the contrary, he and the Minister of the Environment have regularly flouted the higher standards that the Prime Minister had set for himself and his cabinet.

Each day it becomes more and more obvious that the Minister of the Environment has very little regard for Parliament and its members. Providing the media and select stakeholders with confidential briefings that have priority over those given to members of the House is a profound act of disrespect for this institution, in fact obstructs and impedes the work of the House, and has in fact obstructed and impeded the members of the House in the discharge of their duties, especially as it relates to Bill C-69.

To that end, I believe, Mr. Speaker, you will find the minister's actions to have been within the meaning of contempt as defined as defined on page 81 of the third edition of House of Commons Procedure and Practice.

Mr. Speaker, I am sure you will agree with Joseph Maingot that this institution, Parliament, the House of Commons “is entitled to the utmost respect.”

As I mentioned earlier, this matter could have been disposed of with a simple, heartfelt apology from the Minister of Environment and Climate Change and a commitment to treat her colleagues with greater respect. Clearly, she did not see fit to do so.

Therefore, Mr. Speaker, should you find that there is a prima facie case of contempt or privilege, I am prepared to move the necessary motion to refer the matter to committee.

Business of the House

[Bardish Chagger, Liberal, Waterloo, ON]

Upon our return following the constituency week, we will have two allotted days, the first on Monday, and the other on Thursday.

On Tuesday, we will consider Bill C-69, the environmental assessment act. As the Minister of Finance announced in the House on Tuesday, the budget speech will be held on Tuesday, February 27. Pursuant to Standing Order 83(2), I ask that an order of the day be designated for consideration of this motion at 4 p.m. We will also have the first day of debate on the budget the following Wednesday.

Impact Assessment Act

[Shannon Stubbs, Conservative, Lakeland, AB]

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

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

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

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

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

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

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

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

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

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

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

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

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

Here are the report's conclusions:

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

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

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

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

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

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

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

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

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

Mr. Speaker, I am pleased to have the opportunity to participate in this important debate on our government's proposed new impact assessment legislation, 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, which was tabled in this House last week by my colleague, the Minister of Environment and Climate Change Canada.

I have spent about two decades of my life as a community activist alongside my colleagues in the Concerned Citizens of Tyendinaga and Environs and the Mohawks of the Bay of Quinte, fighting a megadump expansion that threatened the health of our community's water. Ensuring our communities have strong environmental protections is one of my driving forces, so when I saw the weakening of federal environmental protections under the previous Harper government, I was compelled to act.

I was pleased to see our government launch a comprehensive review in June 2016 to restore the confidence of Canadians in federal environmental assessment processes, restore lost protections for our fisheries and waterways, and modernize the National Energy Board. Now, after more than 14 months of extensive engagement with indigenous leaders, provincial and territorial leaders, businesses, environmental groups, and Canadians, our government has introduced proposed legislation that reflects the values and priorities Canadians expressed throughout this process.

The proposed impact assessment act lays out a vision for a modern impact assessment and regulatory system that recognizes that the environment and the economy must work together to build us a sustainable future. It represents an important shift in the way major projects will be assessed in Canada.

The Canadian Environmental Assessment Agency would now become the Impact Assessment Agency of Canada. It would be the single authority mandated to lead assessments and coordinate the government's consultations with indigenous peoples on all matters related to project assessments. This new structure would bring about greater process integrity and ensure consistency in how major projects are assessed.

The new agency would work closely with life-cycle regulators on major energy transmission, transportation, nuclear, and offshore oil and gas projects. The new Canadian energy regulator, which would replace the National Energy Board, the Canadian Nuclear Safety Commission, and offshore boards, would provide expertise for assessments of projects related to their mandates, such as major energy transmission, nuclear, and offshore oil and gas projects. The regulatory requirements would be considered within an integrated impact assessment process.

The proposed changes seek to broaden project reviews from environmental assessments to impact assessments, with a focus on sustainability. This means assessments would consider a broader range of potential impacts to understand how a proposed project could affect not just the environment but also social and health aspects, indigenous peoples, jobs, and the economy over the longer term.

An impact assessment is a dynamic process. It brings together a wide range of perspectives, including different cultural and historical references, often diverging economic interests, and varying points of view on how to manage our environment, our health, and our society.

Too often in the past, indigenous peoples and the general public were invited to engage in environmental reviews very late in the process. The Concerned Citizens of Tyendinaga and Environs and other community groups across the country know all too well the battle it can take to have our voices heard. As another way to rebuild faith in environmental reviews, the proposed impact assessment act introduces a new early planning and engagement phase for assessments. This would allow Canadians to have their say right from the outset and thereby influence the design of proposed projects. This early planning would also provide the basis for co-operating with other jurisdictions and ensuring early consultation with indigenous groups.

Regulatory certainty would be achieved by making the system more efficient and predictable, giving companies the clarity and predictability they need with legislated timelines, with the Impact Assessment Agency of Canada leading all reviews in collaboration with provinces, indigenous peoples, and life cycle regulators, where applicable, to support the objective of one project, one assessment. It is one thing to streamline the federal review process, but we also recognize other jurisdictions have their own assessments. This can be confusing for proponents and the public, creating duplication and delays.

The proposed impact assessment act would introduce a new era of collaboration in the review of projects. It would advance the principle of “one project, one assessment” to reduce duplication and increase co-operation with other jurisdictions. It would also create alignment within federal departments that contribute to different steps of the assessment and regulatory phases.

Through this proposed legislation, our government has demonstrated its commitment to restoring robust, thorough reviews of major projects while working closely with provinces to avoid duplication. Another element of the proposed legislation, reconciliation with indigenous peoples, is one of the main elements of the design of the new system. The proposed changes seek to build new partnerships based on recognition of indigenous rights up front. This includes early engagement and participation at every stage.

The legislation would create new space for indigenous jurisdictions to enter into agreements with the federal government to exercise powers under the act, including the potential to conduct assessments. Going forward, it would be mandatory to consider and protect indigenous traditional knowledge alongside science and other evidence. The proposed impact assessment act would provide a practical plan that will rebuild trust, drive innovation, encourage the use of cleaner technologies, and promote a healthy and clean environment.

With these significant improvements to our assessment system, Canadians will be confident that good projects can move forward in a way that protects our environment and supports reconciliation with indigenous peoples, while creating jobs and strengthening our economy. I believe strongly that the proposed impact assessment act would achieve a unique balance. We are making sure that good projects can be built sustainably while creating jobs and economic opportunities for Canadians.

I have reached out to conservation groups in my riding about this bill, and I have heard from organizations like Quinte Conservation and Lower Trent Conservation that the proposed changes are a positive step in the environmental assessment process. This proposed legislation represents a significant milestone, but we still have a lot of work to do to advance this bill and develop supporting policies. We will do so by continuing to engage Canadians, as we have done to date. The result will be an impact assessment process that demonstrates we can bring resources to market while considering our environment, our health, and our society, and that we can do it in a sustainable way.

I have been very fortunate to be part of both the environment committee and the indigenous affairs committee, and I have to say that this bill is very much informed by the importance of both areas to ensure that we get it right. The economy and the environment can go hand in hand, but so can indigenous rights. It is so important to recognize the principles of indigenous rights throughout all of the bills that we bring forward in the House to ensure that indigenous peoples are recognized and that they can move toward self-determination. That can only be accomplished by ensuring that they participate in every aspect of our environmental and economic development. I am very proud to be part of a government that recognizes the importance of including indigenous peoples in every aspect of legislation moving forward, whether it is environmental or otherwise.

In conclusion, the proposed legislation reflects values that are important to Canadians, including early, inclusive, and meaningful public engagement; nation-to-nation, Inuit-crown, and government-to-government partnerships with indigenous peoples; timely decisions based on the best available science and indigenous traditional knowledge; and sustainability for present and future generations.

[Arif Virani, Liberal, Parkdale—High Park, ON]

Mr. Speaker, the member is right that the changes we are proposing are fundamental, and they are fundamental for a reason. The question that was posed was about what is different in Bill C-69. The two major differences are, first, mandatory consultation and engagement with indigenous people, and second, the issue of putting the environment hand in hand with the economy.

That was not achieved under the previous process. The previous process was tilted to one side and not the other. We firmly believe that the two go hand in hand. We can achieve pipeline approvals and we can achieve energy projects by considering the environmental impacts and ensuring it is a green project that goes forward.

In terms of things getting built, I stand behind our record of job creation in the country. The unemployment rate is the lowest it has been in 41 years, and 700,000 jobs have been created since October of 2015. That is a record of increased job creation.

We believe in promoting the economy, but we can do so while also promoting the environment.

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of Canadian Heritage (Multiculturalism)]

Mr. Speaker, I will be splitting my time with the member for Hastings—Lennox and Addington.

On this February 14, I would like to wish three loves of my life, my wife Suchita, and my sons Zakir and Nitin a very happy Valentine's Day.

I rise proudly today to speak to Bill C-69, an act to enact the impact assessment act and the Canadian energy regulator act. The bill would introduce the impact assessment agency of Canada, replace the National Energy Board with the Canadian energy regulator, and reinstate protections for waters used for travel across this country.

I will start by complimenting the Minister of Environment and Climate Change and her department for the important work done to get us to where we are today. As stated in her speech earlier this evening, this legislation is the product of 14 months of extensive consultation with provinces and territories, indigenous persons, companies, environmental groups, and communities right across Canada. We went through that consultation period because we wanted to make sure that we got this assessment package right.

We are introducing today an impact assessment system, a reinvigorated energy regulator, and restoring protections for navigable waters. These would restore public trust in the government's ability to review major energy projects. This trust is critical. It was lost with the patchwork of harmful changes that had been introduced by the previous Conservative government.

To be clear, the orientation of our government cannot be more different from that of Mr. Stephen Harper, the previous prime minister. We accept the science that the climate is changing. We have unmuzzled scientists. We have put a price on carbon pollution. We have invested unprecedented sums in shifting to a low-carbon economy. Now we turn our work to the important aspects of environmental assessments.

We wanted to ensure that we not only restored the environmental protections that were cut under the Harper government, particularly those made in 2012, but that we also created a better framework to protect the environment while at the same time encouraging investment and job creation in Canada. We took the time necessary to get the feedback from those who would be directly involved in the process after its implementation to make sure that this new system will work.

With $500 billion in energy investment that is planned for our country over the next decade, a functional, big-picture approach to energy and resource development is critical to ensure that we are protecting our environment while encouraging economic growth and job creation. The two go together.

To ensure that projects that came forward over the last two years were not held up or passed without careful review that ensured the protection of the environment, we put in place interim environmental assessment principles in January 2016. That step ensured that we had a framework to review major project proposals until we introduced this new assessment plan. This avoided leaving environmental assessment to the uneven and unbalanced system put in place by the previous government, which favoured industry to the detriment of environmental protection.

It was under those interim principles that our government approved the Kinder Morgan pipeline and rejected the northern gateway pipeline, which would have gone right through the pristine Great Bear Rainforest on the west coast of British Columbia and destroyed that vital ecosystem.

Let us be clear that in the face of widespread public opposition, the northern gateway pipeline was approved by former Prime Minister Harper to fit the political agenda set out by the previous government. The result of our 14 months of consultations is a clarified review process, which implements a robust method to protect our environment.

In addition, we are maintaining our commitment to require a gender-based analysis for every project under review. The consideration for how energy resource development impacts women and their livelihood has been neglected for far too long, which is why we are committing, through this legislation, to ensure that gender impact will always be a consideration for evaluating proposals.

Another critical aspect of this legislation is reconciliation with indigenous persons. Built into the new rules under Bill C-69 is a requirement to consider the impacts of development on indigenous rights and culture in the decision-making process, a recognition affirmed by section 35 of the Constitution. Whether or not a project moves forward is directly linked to the impacts it would have on the rights of affected indigenous communities.

Our goal across government is to renew the relationship with indigenous persons founded on the recognition of rights, respect, co-operation, and partnership. This was the theme of the Prime Minister's address in this very chamber earlier today. This is no longer a negotiable position. It is no longer the suggestion that it used to be under the previous government's regulations. It is now a mandatory factor to consider indigenous impact in assessing and developing energy projects in this country.

As well as making decisions based on science and evidence, we would require the incorporation of traditional indigenous and community knowledge right alongside it. We are committed to protecting indigenous traditional knowledge and using that very knowledge before making decisions on resource development.

In my riding of Parkdale—High Park, I have heard from my constituents on these very issues. At a recent town hall that I hosted on indigenous reconciliation, residents of my community voiced loudly and clearly that the rights and needs of indigenous people in this country must be taken into account when developing our energy and resource sector. A focal point of the concern expressed to me by the residents of Parkdale—High Park was that our first peoples were not involved in these processes when it came to projects such as mining, hydro, or oil and gas development, and that indigenous persons need to be partners in the assessments of projects.

I have heard these concerns of my constituents, I have relayed those concerns to our government, and our government has responded with this bill.

Under the new rules in Bill C-69, indigenous people will be engaged from the outset to the end of the process, with the aim of securing free, prior, and informed consent, implementing the principles of UNDRIP into resource development. This means that a requirement will now be built into the assessment system to engage and consult with indigenous people throughout the assessment process, including monitoring and follow-up engagement.

For example, we are investing a total of $1 billion over the next five years to ensure that we have the capacity to support essential indigenous participation and capacity development for assessing and monitoring impact, as well as for expanding public participation and the scientific capacity of federal departments and government agencies.

The residents of my riding of Parkdale-High Park have spoken to me repeatedly about the importance of indigenous reconciliation as a means of achieving another fundamental priority: protecting our environment. During meetings at my constituency office, during gatherings right here in Ottawa, and at town hall discussions, I have heard repeatedly from strong advocates from my riding, such as Green 13, Green 14, the Citizens' Climate Lobby, and Earth Day Canada, that protecting the environment is the most pressing issue of our generation and that combatting climate change and reducing greenhouse gas emissions must be at the heart of any actions we take as a government. Again, those concerns were expressed to me. I heard them, and so too has our government.

In response to these kinds of concerns and the voices of Canadians, not just in my riding but right around the country, we are, through this bill, overhauling the assessment process so that it prioritizes the environment, so that it compels the involvement of indigenous persons, and so that it considers the impact of project development on women. These factors are all critical to ensuring that economic growth proceeds in a manner that has the confidence of all Canadians.

With Bill C-69, we are also attentive to the needs of proponents of projects for a streamlined, transparent, and more efficient process, for better rules, and for quicker decision-making.

Putting in place a predictable process, under which proponents can be rewarded if they invest in clean innovation and demonstrate that they maintain high standards for sustainability and corporate responsibility, means that we will be able do better for Canadians across the country. Our government encourages the right type of investment and ensures that job-creating projects are carried out properly during our transition to a low-carbon economy.

Our government is committed to reducing our carbon footprint and fostering innovation. It will also establish regulations for our energy industry. This bill will also directly improve transparency and access to information. In order to ensure significant public participation in the assessment process, from the beginning of the phase of engagement, the new regulations will require that scientific and other information sources be taken into account in an impact assessment and that the reasons for decisions be made available to the public through an online registry.

Taking 14 months to consult with environmental groups, energy companies, indigenous leaders, and Canadians across the country, our government has developed a new set of rules that will restore public trust and ensure development moves forward responsibly. This bill would amend the patchwork of environmental laws and processes brought forward by the previous government, which created an impossible system that eroded trust, disregarded science, and put our communities at risk, and under which not a single major energy project was built.

With this one project, one assessment process bill, we are keeping our commitment to reduce greenhouse gas emissions, address climate change, transition to a low-carbon economy, and advance indigenous reconciliation, while encouraging vital job growth in this country.

I wholeheartedly support this bill and I urge my colleagues to do the same.

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

Mr. Speaker, I am a little confused about my colleague's comments. I do not quite see how they tie in with Bill C-69. However, I can understand her comments on the weaknesses or shortcomings of other methods of electricity or energy production in the world. I think fossil fuels are the most polluting method right now. They release massive amounts of greenhouse gases. We need to be aware of that. We need to act responsibly. We need to comply with the Copenhagen and Paris targets.

If we could then have a discussion on the virtues of electric cars, solar panels, or wind turbines, I would be extremely pleased. However, I can guarantee my colleague that there are many renewable energy alternatives with a very small environmental footprint or carbon footprint. Canada could become a leader in these technologies and in new ways of using or generating energy. I think that is the way of the future and the way of the 21st century.

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

Mr. Speaker, I will agree if in the mind of a Liberal the national interest is not in the interest of the Liberal Party of Canada.

Basically, we have many concerns, especially about citizen participation, or public consultation. This is mentioned in the bill's preamble, but when you go through the bill clause by clause, it is gradually watered down.

What we want is for civic participation, public participation, to be enshrined in the bill, for it to be part of the mandate of the new impact assessment agency in order to guarantee that Canadians' voices are effectively heard.

There are several things either missing from the bill altogether or not strong enough. Regional strategic assessments are missing. With respect to the assessment of cumulative effects, it is all well and good to say there are a bunch of small projects, but several small projects together can have a greater regional impact and a big impact on people. As it stands, we do not see how cumulative effects could be taken into account under the current Bill C-69.

People who have been listening to the debates between the Liberal Party and the Conservative Party in recent days will have noted that this has mainly been about who can approve the most pipeline projects the fastest. Personally, as a citizen, hearing that really worries me.

[Bonnie Gee]

I think the additional amendments under Bill C-69 to the Navigation Protection Act will also supplement this bill quite nicely for the international carriers. There are times when the channels are disrupted or the anchorages are disrupted because there is a wreck in the area. Certainly it's a positive step, but there is more work that needs to be done. Whether that's in the act or in the regulations, I'm unsure.

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

Mr. Speaker, if I may, instead of rehashing the 2012 debate, I am going to mainly focus on Bill C-69 and on what is happening now, in 2018. It is always interesting to revisit history, and we could do that here all day.

This is not just any bill that the Liberals tabled last week. It is a bill whose purpose is to renew and review the environmental assessment process, which is crucial for the future. It is crucial for our role and our responsibilities with regard to climate change and cutting our greenhouse gas emissions. It is also crucial for life in many indigenous communities and white communities across the country. Respect and the quality of life of people in several regions will be influenced by ending the current process and bringing in this new environmental assessment program.

Everyone will have noticed by now that the Liberal government and the Minister of the Environment are extremely skilled at using buzzwords. All the buttons that need to be pressed to make the bill look good, modern, effective and respectful, all those words are always used in speeches, presentations, press releases and sometimes in legislation.

However, with all this talk about consultation, respect, biodiversity and climate change, more often than not, when you get right down to it, it is increasingly difficult to know just what is being proposed in government legislation, and I want people to be aware of that. If we cut through the rhetoric and look below the surface, we have serious doubts about the tangible effects of implementing this new environmental assessment process, and it is not just us. As my Conservative colleague said, this substantial, 364-page bill was released and tabled less than a week ago. There are a lot of things to go through and people have a lot of questions.

Naturally, our initial response is excitement at finally being able to talk about a new environmental assessment process. Hooray! We wanted to close the book on the Harper years. We are getting there, and that in itself is a good thing. It is too bad my colleague up the row does not agree, but over here, we welcome this as a step in the right direction even though we have major concerns.

I would like to point out that it is now February 2018, which means that the Liberal government was elected 28 months ago. In that time, the Liberals have used the old environmental assessment process to review and approve major projects. That worries of lot of NDP members, progressives, and environmentalists because the Liberals dragged their feet. They bought themselves all kinds of time by spending more than two years condemning a process that they were using anyway. I do not want to impugn anyone's motives, but if the Liberal government wanted to approve a pipeline project using the Conservatives' environmental assessment process, it could, and that is what it did.

On August 20, 2015, in British Columbia, an individual asked the Prime Minister if the Kinder Morgan project would be reviewed using his proposed new environmental assessment process. The Prime Minister replied that the project would be reassessed because the Conservative government's bare-bones environmental assessment process was not to be trusted. Now that the Liberals are in power, that promise has been forgotten. They are using the old process and approving the pipeline expansion.

As a result, we have a great many questions about this government's good faith and diligence. We wonder why it took so long to come up with the proposal before us.

The Canadian Environmental Assessment Agency will now oversee all assessments. Its name will be changed to the impact assessment agency. The National Energy Board and the Canadian Nuclear Safety Commission will carry on under new names. We would like to get more details on what their roles, duties, and responsibilities will be. A great many people question whether it is worth maintaining these organizations at all.

We would have preferred it if their roles had been scaled back in much clearer and more decisive terms, especially in regard to what the government describes as “minor projects”, because the new National Energy Board, the new energy regulator, will have a role to play in this assessment process. We would not want a repeat of the bad experiences we had over the past few years with the NEB, where minor projects did not seem to matter so much.

In our view, when the goal is to protect the environment and respect local communities, there is no such thing as a major or minor project. Air quality, water quality, and greenhouse gas emissions all have a regional and cumulative impact. I will come back to those concepts later.

This is a complex bill. It amends several laws and affects many organizations. We are concerned by the continued mandate, for example, of the assessment panels of certain organizations, such the Canada-Nova Scotia Offshore Petroleum Board and the Canada-Newfoundland and Labrador Offshore Petroleum Board. They will continue to be involved in the offshore oil and gas sector.

The new environmental assessment agency will not be mandated to conduct assessments of offshore projects. This worries us because although the agency has a clear mandate and the scientific capability to conduct environmental assessments, the two boards I mentioned, by virtue of their mandates, will be obliged to rule in favour of offshore oil and gas development. An important part of oil and gas development taking place off the coast of Nova Scotia and Newfoundland has been separated off, forgotten and discarded. This will be completely excluded from the prerogatives or the mandate of the new environmental assessment agency and we are concerned about that.

This begs the following question: which projects will be subject to this new environmental or impact assessment process? For now, it really is not clear. We do not have a new list of the projects that have been submitted. For now, the previous list that was established by the Conservative government remains the only list. There has been no change in the projects subject to a environmental assessment.

For now, we are being told that there will be a consultation process concerning the criteria for placing projects on this new list. I feel that this will take so long that, by the time the next election comes around in 2019, none of this will have been cleared up. Furthermore, the new agency will not have had the time to start its work because we will still be trying to determine which projects can be studied and assessed by the agency.

We can have an excellent impact assessment process and a very robust and competent agency with a lot of expertise. However, if that agency does not assess any projects, it will not have any impact on environmental protection, our communities, or the reduction of greenhouse gases. It is an empty gesture to create an impact assessment agency that does not conduct any studies, does not examine anything, and does not assess anything because no one knows what projects it should be examining. Such an agency is useless. It does not help to protect our environment and does not help us to fulfill our responsibility to reduce greenhouse gases.

Bill C-69 should set out the criteria for determining when an impact study or environmental assessment must be conducted. Is it when federal funding is being invested in a project, when a federal law comes into play, or when something under federal protection and jurisdiction is involved?

We think that the criteria should be logical and objective. We should be able to use them to force the agency to conduct an environmental assessment. That is not currently the case.

The bill indicates that sustainable development and climate change must always be included in the decision-making process and the agency's assessment. However, let us be clear. The current greenhouse gas reduction targets are not even part of the goals and objectives of the bill. The government has mentioned them and we have talked about them, but there are no concrete measures in place to give the process teeth and ensure that it has consequences. That is a big problem for the NDP.

For example, a project that would produce a large amount of greenhouse gas emissions should automatically result in a impact study or environmental assessment. However, the weight of carbon emissions is not currently one of the criteria for determining whether a project will be assessed simply because there are still no criteria. That is a major concern for us.

There is one detail we want to emphasize on today. According to our interpretation it would seem that the oil sands development sites that use in situ technology would not be covered under the agency's mandate. The agency would not have a mandate to study the environmental impact of certain projects that use certain types of technology.

People are starting to talk about this. We are very concerned because this technology is not perfect. We know there are major consequences even though the development sites are much smaller and less visible than they were in the past.

Earlier I asked the minister point-blank about this. She gave me a politician's answer full of buzzwords, but failed to give a clear answer as to whether a project submitted in a province that already has a GHG cap program would be excluded by virtue of the province already having a GHG cap program. The bill seems to touch on that.

We want confirmation on this because the federal government could very easily use this as an excuse to shirk its responsibilities and burden the province that might have an existing program, without any guarantee that the program is being enforced, that the objectives are met or that they are in the process of being met.

The Government of Quebec is participating in a North American carbon market. As of right now, however, there is no guarantee that it will meet its own targets.

If this pretext were used to say that environmental assessments are not needed because the Government of Quebec already has measures in place, that would be completely delusional and an attempt to shirk one's responsibilities. The federal government has absolutely no way of verifying whether the province is complying with the program and meeting its targets. We have some serious concerns about that at this time.

I will come back a little later to the heart of the consultations and what can be included in those consultations. When the Conservatives curtailed and gutted the environmental assessment process, one of the things they introduced was time limits for environmental impact studies. In their eyes, this was supposed to expedite the approval of certain projects, including potentially polluting ones.

Much to our surprise, the Liberal bill changes those provisions. Much to our surprise, it shortens the timeframe for environmental assessments. I would have thought the Liberals would have wanted to take a little longer to create a system that is transparent, public, open, and based on science, one that listens to the experts, cross-examines the experts, one in which participants are well informed, taking the time to do things right. Well, no, in another new twist, the Liberals are shortening the timeframe for assessments. Depending on the size of the project, it is dropping from 365 to 300 days, or for bigger projects, from 720 to 600 days.

We in the NDP see this is as a direct response to demands from investors and industry. It is definitely not to improve the public consultation process or to ensure that things are done properly in good time. We believe that the process should take the necessary time to reach conclusions that meet with widespread approval, that are based on science, that respect the will of local and regional communities. As it stands, that is not the case, and we are very concerned about that.

With respect to the topic of consultations, the government claims to want to restore public trust in the assessment process. The changes proposed in Bill C-69 include getting the public and indigenous communities involved at the planning stage. This is good news, if everyone is truly included at the preliminary approval stages of a project. However, the bill is short on details about who will be able to participate in the consultations, how they can be heard, how long the consultation will last, whether individuals will have access to the information held by the agency, or whether individuals will be able to question industry experts or witnesses. This is still not clear. The NDP will want to make a lot of improvements to the bill to ensure that when this bill takes effect, the process is truly open and transparent, as the Minister of Environment has claimed it will be.

I want to talk about two more points, which are very important, including the one that worries us the most: the Minister of the Environment's arbitrary power. It is rather strange for the minister to say that she is bringing back a science-based process that will restore trust, and that will take communities into account, and then in the same breath say that, no matter the outcome of the process, the minister will just do as she pleases, since at the end of the day she is the one who decides. This is almost exactly what the Minister of the Environment just said in her speech a couple of minutes ago here in the House. Ultimately, she will decide. Not only do we not know which projects will be assessed by the agency, but we also have a guarantee that no matter the recommendations or findings, one, single minister will have the final say. This is the type of political interference that the Liberals condemned during the election campaign.

We also do not know what criteria the minister will use. Clause 17 sets out the minister's power, and then clause 63 lists a series of factors that the minister must include in her consideration, but it does not state that the list is exhaustive. This means anything could be included.

When the Liberals spend days telling us they are here to protect the national interest and the public interest, yet offer up no definition of “national interest” whatsoever, that worries me. Is it in the national interest to make an oil company happy by forcing a pipeline through, or is it in the national interest to do our part to reduce greenhouse gases and respect what local, regional, and indigenous communities want?

That is not at all clear right now, and giving that much power to the minister, power that did not exist under the Harper government, really has us worried. We think ministerial power should be limited. The government claims its process is open and transparent, and we think the bill should absolutely reflect that. We need to do a lot of work on Bill C-69. We hope it can be split so that three different committees can study it. After all, it affects many different acts, and we need to be able to do our work properly and take a very good look at this in committee. We also hope that the parliamentary committees will be able to travel across the country so they can hear voices outside Ottawa, voices from all over the Canadian federation.

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, here we are with Bill C-69, all 370 pages of it, full of mind-numbing reading and rhetoric. Do members remember when the Liberals, during the last election, and the Prime Minister, when he was in opposition, lamented, decried the fact, actually, that the occasional omnibus bill was tabled by the previous government? They railed against omnibus bills. What do we have today from the Prime Minister, his government, and the minister? It is an omnibus bill. It covers the enactment of the impact assessment act and the Canadian energy regulator act, amending the Navigation Protection Act, and consequential amendments to other acts. Talk about omnibus. In fact, we are calling it the “ominous omnibus bill.” It is ominous because of what it means to our economy and our resource sector.

The bill is toxic to Canada's future development. It is toxic to our efforts to take the resources entrusted to us and to extract them in an environmentally sensitive way to make sure that future Canadians have a pristine environment and long-term prosperity. The omnibus bill, this ominous bill, does not do that. It does quite the opposite. It undermines our ability to have long-term prosperity.

Let me start off by talking about the bill itself. There are three main parts and a fourth one. The first three parts of the bill are effectively about a new environmental assessment process, a new Canadian energy regulator, and a new navigable waters act, which, by the way, would not be about the environment. The navigable waters act would be about navigation. Those are the three parts covered in the bill itself.

Earlier last week we also saw tabled the Fisheries Act, which contains further amendments that would make it more difficult for Canadians to realize the full value of our economy and our resource sector. It would put more hurdles and obstacles in the way of extracting our natural resources and building critical infrastructure across the country, which is so important to our national prosperity.

Effectively, what would happen is this. We have the National Energy Board. The first thing that would happen is that the board would be stripped of its impact assessment functions, the ones that are used to review resource projects that come forward. I believe that every Canadian and every member of this House understands how important it is to protect the environment for future generations. We disagree on how we go about doing that. However, the impact assessment function addresses the review process that resource projects, such as pipelines, mines, and oil and gas projects, have to go through to get an approval that proves that they are environmentally sustainable and not harmful in the long term to our environment.

The second part that would be stripped from the National Energy Board would be its regulatory functions. Once projects are built, we want to make sure that they are carried on and managed sustainably. Effectively, the regulatory function ensures, through the life cycle of the project, that we protect our environment.

The third part is the navigable waters protection piece, which is all about ensuring that on waters used for navigation, we do not impose impediments to navigation and do not undertake infrastructure projects that would impede navigation.

It is interesting. Navigable water is defined as a water body in which a canoe or a kayak can float. In fact, when our former Conservative government first undertook amendments to the Navigable Waters Protection Act, we did so because it had not been reformed for close to 150 years. Imagine, Mr. Speaker, a piece of legislation floating around that has not been really reviewed for 150 years, and that has definitions like that of navigable water being a body of water on which a canoe or a kayak can float.

Under the Liberal amendments, the navigable waters protection piece would introduce further obstacles that are not environment-related but navigation-related, and that would impair Canada's ability to build and implement critical infrastructure that drives the prosperity of this country.

Let me focus my comments on the environmental review process, the impact assessment process. This legislation would create a whole new body, called the impact assessment agency, which would oversee reviews of resource projects such as pipelines and mines. The promise we received from the minister, with which she went public, was that the process the Liberals have introduced would shorten the timelines under which a project gets reviewed, to provide better certainty for project proponents and to make sure that these projects, if they are environmentally sustainable, can get passed more quickly. Therefore, it would reduce the timeline of the assessment piece by, say, 60, 70, or 80 days.

However, what the minister did not tell Canadians is that at the beginning of the whole process there is a whole new process, called the planning phase, and that process is 180 days, so effectively the Liberals would add another 100 days onto the total process for getting any project reviewed in Canada. This is unconscionable, as investment in our resource sector is fleeing the country. As we know, over the last two years we have had incredible investment flight to places like the United States and elsewhere around the world, where there is more predictability and a more inviting investment environment. We are seeing this play out in front of our eyes, and the minister introduced a bill that would lengthen the process even more. It is shameful.

Here is the kicker. Within that 180-day planning phase, the proponent has to undertake all kinds of activities, many of them new activities, including consultations with the public. The public has a chance to share its opinions on a project that has not even gone through a science-based review. At the end of the 180 days, if the minister feels like it, usually on political grounds, she can simply kill the project right there. Can members imagine proponents coming forward with a billion-dollar proposal to develop a resource in Canada and being told that they are going to have to go through a 180-day process where they are going to have to consult with all kinds of people?

By the way, we are not opposed to consultations. What we are opposed to is consultations that unnecessarily extend the process beyond what Canadians would consider reasonable and common sense. Can members imagine a proponent facing the 180 days and dealing with all this preplanning process, and then, before the proponent has ever had a chance to have a regulatory body, the impact assessment agency, review the application based on science and evidence, the proponent is told, “Sorry, go away. We are killing the project. We do not want your investment in Canada”? Can members imagine that? That is what this bill would do.

The minister has a veto right, at the end of the planning phase, and then, if the project gets to the impact assessment process and goes through that, through all the new criteria that the minister has established, at the end it goes back to the minister and cabinet for a decision, which invariably becomes a political decision.

Anybody looking from afar, with $1 billion to invest and wondering whether to invest in Canada, would say, “At the end of the day, the Liberals are going to make a political decision, so we have no certainty at all that our project will be assessed on its merits, on the science, on the evidence.”

This legislation would also codify the duty to consult with first nations, which is already established in our laws in Canada. The Supreme Court of Canada has spent decades trying to frame exactly what the duty to consult is. There is a lot of case law that provides companies with a clearer idea of the standard they have to meet in order to properly consult with first nations. Conservatives do not have a problem with that. We believe that first nations need to be partners in our prosperity and they need to be consulted, and that has been enshrined in this legislation.

The legislation would also require indigenous traditional knowledge to be considered in the review. Conservatives believe that this provision reflects what Canadians expect when a project proponent wants to move forward with a resource proposal. We believe it is in Canada's best interest to consult with indigenous Canadians and take into account, during the assessment process, the traditional knowledge they can offer to that process.

I mentioned additional criteria that proponents would now have to take into account. Historically, proponents have had to apply certain criteria to ensure that no environmental damage occurs as a result of a project being built, but now my Liberal friends across the way have inserted a requirement that the applicants have to take into account both upstream and downstream effects, and the impacts a project would have on Canada's climate change targets: new hurdles, new criteria, new discouragement for investment in Canada. We should not for a minute think that investors are not paying attention to the debate we are having in the House today and the legislation that is before us. As I mentioned earlier, this legislation is toxic to our long-term prosperity.

Another thing included in this legislation is a broad discretion for the minister to extend, and even suspend, timelines. People think they have 180 days, and then another 300 days for certain projects, and another 450 days for other projects. No, the minister can step in at any point along the timeline and say he is suspending the timelines and that other things are going to be done, removing predictability, which is what investors in the resource sector covet most.

The bottom line is that additional uncertainty has been injected into our investment environment. The resource sector in Canada is responsible for some 16% of our economy. Imagine, Mr. Speaker, 16%. Two million jobs are either directly or indirectly related to our resource sector. Two million Canadians rely on us, as legislators, to get this right, to make sure we balance the environment and the economy.

The minister often talks about the environment and the economy going hand in hand. The problem is that she has no idea what that appropriate balance is, and more and more the Liberal government is leaning to the left, toward the environment, to the detriment of our economy and long-term prosperity. Do not get me wrong, Mr. Speaker. The environment, as I mentioned at the beginning of my speech, is critically important because we are leaving a legacy for our children and grandchildren, for future generations. We need to ensure that we leave them a pristine environment. Quite frankly, if we try to do that in the absence of prosperity, it is never going to happen.

Why do I say that? If we look around the world, which countries have the highest environmental standards? They are also the most prosperous countries in the world. Prosperity and the environment go together.

The intentions of the Liberal government, of the Prime Minister and the Minister of Environment, may be good, but unfortunately they have it all wrong. They have not been listening to the concerns of those who make a living from our resource sector, those who know the millions of jobs generated by that sector. No one should be surprised that we completely disagree with this legislation, and some of my colleagues in the Conservative Party will continue to highlight that in future speeches.

Earlier today, the minister said her goal was to basically develop a policy and introduce legislation where there would be no surprises and no drama. Unfortunately, she missed one piece: no surprises, no drama, no development. Our prosperity is at risk here, and I encourage my colleagues on the other side who are listening to this debate to please give their heads a shake. The more barriers we place in the way of extracting our resources in a sustainable way, the more we undermine the future prosperity of our children and grandchildren, of future generations.

Let me close by saying that there is one bottom line. The legislation ensures more uncertainty, longer timelines, and less investment in our resource sector, which equals less prosperity for Canada. That really is a shame, because we are cheating future generations out of the value that has been left to us as a legacy.

[Catherine McKenna, Liberal, Ottawa Centre, ON]

Mr. Speaker, I thank my colleague for the question.

All our decisions certainly have to respect our environmental and climate change obligations. We have negotiated with the provinces and territories a made-in-Canada plan to fight climate change and we must ensure that every project falls in line with that plan. Under Bill C-69, it is clear that we will consider the impact projects will have on the climate.

We also said that we wanted to conduct a strategic environmental assessment to ensure that the projects fit with the climate change action plan. We worked very hard on our Canadian plan to fight climate change and we have international obligations that we are determined to satisfy. It is very important to our government.

[Catherine McKenna, Liberal, Minister of Environment and Climate Change]

moved that Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, be read the second time and referred to a committee.

Mr. Speaker, before I begin, I wish to acknowledge that we are all on the traditional territory of the Algonquin and Anishinabe peoples. On this historic day, the Government of Canada has committed to developing a new recognition and implementation of an indigenous rights framework.

I stand here today to address this chamber in support of Bill C-69, a legislative initiative that is a key priority of our government. We are keeping our promise to Canadians. We are putting in place better rules to protect our environment and build a stronger economy. After 14 months of hearing from provinces and territories, indigenous peoples, companies, environmental groups, and Canadians from coast to coast to coast, we are making real changes.

Bill C-69 aims to restore public trust in how the federal government makes decisions about major projects, such as mines, pipelines, and hydro dams. These better rules are designed to protect our environment while improving investor confidence, strengthening our economy, and creating good middle-class jobs. They will also make the Canadian energy and resource sectors more competitive. We are working to build on Canada's strong economic growth and historic job numbers.

Today we are keeping our promise to Canadians. We are putting in place better rules to protect our environment and build a stronger economy. After 14 months of hearing from provinces and territories, indigenous peoples, companies, environmental groups, and Canadians across the country, we are making real changes. The legislation we are introducing today aims to restore public trust in how the federal government makes decisions about major projects, like mines, pipelines, and hydro dams. These better rules are designed to protect our environment while improving investor confidence, strengthening our economy and creating good middle-class jobs. They will also make the Canadian energy and resource sectors more competitive. We are working to build on Canada’s strong economic growth and historic job numbers.

Our government understands the importance of the resource sector to our economy. Over $500 billion in major resource projects are planned across Canada over the next decade. These projects would mean tens of thousands of well-paying jobs across the country and provide an economic boost for nearby communities and our economy as a whole, but we cannot get there without better rules to guide our decisions around resource development. Unfortunately, the Harper government gutted environmental protections and made changes to the environmental assessment process that eroded public trust in how decisions are made.

Unfortunately, the Harper government gutted environmental protections and made changes to the environmental assessment process that eroded public trust in how decisions are made.

Canadians became concerned that project approvals were based on politics rather than robust science. There were concerns that changes were putting our fish, waterways, and communities at risk and we are not taking into account the climate impacts of projects. They were also concerned that the views of communities and indigenous peoples were not being heard. This lack of trust resulted in polarization and paralysis. Projects stalled and resource development became a lightning rod for public opposition and court challenges. Billions of dollars of investment were put in jeopardy, raising concerns for investors and shareholders. Ironically, the Harper government's changes made it a lot more challenging for good projects to get built. Weaker rules hurt both our environment and our economy.

Since we formed government, we have worked very hard to restore public trust while providing certainty to business. In January 2016, we introduced interim principles to guide how our government would review proposed major projects until we could put better rules in place. We knew we could not keep approving projects under the Harper government's flawed rules, but we also knew that we could not put our economic development on hold for two years while we worked on the new rules.

Our recent principles were the first part of delivering on one of our high priority platform commitments: to review and fix Canada's environmental assessment process and to restore confidence in how decisions about resource development are made. Those interim principles made it clear that decisions would be based on robust science, evidence, and indigenous traditional knowledge; that we would listen to the views of Canadians and communities that could be affected by proposed projects; that indigenous peoples would be consulted in a meaningful and respectful manner; that decisions would take into account the climate impacts of proposed projects; and that no project already under review would be sent back to the starting line.

Our government did not stop at the interim principles. In November 2016, we also announced a $1.5-billion oceans protection plan. Through that historic investment we are creating a world-class marine safety system while protecting our coastlines and clean waters for generations to come. Then in the summer of 2016, after a year of negotiations with provinces, territories, and indigenous leaders, we announced the first ever made-in-Canada climate plan. Our national climate plan builds on the actions of provinces and territories and provides a clear road map as to how we will cut carbon pollution and move together toward a cleaner future.

Using the interim principles, and building on the foundations of our oceans protection plan and climate action plan, we moved forward with approving new major projects worth billions of dollars to the Canadian economy and thousands of good middle-class jobs across the country. These projects are clearly in the national interest, and because of the steps we have taken to date, we are confident they can be built in a way that protects our environment and communities. We are committed to seeing them built.

The better rules outlined in Bill C-69 build on improvements we have already made and on the feedback that we received from Canadians over the last 14 months. We heard loud and clear that Canadians want a modern environmental and regulatory system that protects the environment, supports reconciliation with indigenous peoples, attracts investment, and ensures that good projects go ahead in a timely way to create new jobs and economic opportunities for the middle class. We heard from investors and project proponents that they want a clear, predictable, and timely process. That is what our better rules provide.

First, these better rules will rebuild trust. When it comes to resource development, we cannot get very far if people do not trust the rules and the way governments make decisions. The same goes for companies. They need to know what is expected of them from the start and that the process will be predictable, timely, and evidence-based. That is why our top priority with the changes we are proposing is increasing transparency and rebuilding trust.

To rebuild trust, we will increase public participation in project reviews so that Canadians can help shape the project design, provide input into the project plan, and assess the science used to make decisions. We will create a new early engagement phase, to ensure that indigenous peoples’ rights are recognized and respected, and that we work in partnership from the outset; and that communities will have their voices heard from the start.

We will create a single agency, the Impact Assessment Agency of Canada, that will lead all impact assessments for major projects, to ensure the approach is consistent and efficient.

The impact assessment agency of Canada will work with and draw expertise from other bodies, such as the Canadian energy regulator, which is currently the National Energy Board, the Canadian Nuclear Safety Commission, and offshore boards, but the final decision on major projects will rest with me or with the federal cabinet, because our government is ultimately accountable to Canadians for the decisions we make in the national interest.

Second, decisions on projects will be transparent and guided by robust science, evidence, and indigenous traditional knowledge. We will also increase Canadians' access to the science and evidence behind project proposals and make easy-to-understand summaries of decisions publicly available.

Third, we are expanding project reviews to assess what matters to Canadians. The new impact assessment will look at a project's potential impacts, not just on the environment but also its health, social, gender, and economic impacts over the long term as well as the impacts on indigenous peoples. We will also evaluate projects against our environmental obligations and national climate plan.

Fourth, we will advance Canada's commitment to reconciliation and get to better project decisions by recognizing indigenous rights and working in partnership from the start. We will make it mandatory to consider indigenous traditional knowledge alongside science and other evidence. Indigenous jurisdictions would have greater opportunities to exercise powers and duties under the new impact assessment act, and we would increase the funding available to support indigenous participation and capacity development relating to assessing and monitoring the impacts of projects.

Fifth, project reviews will be completed through a timely and predictable process. The new early planning and engagement phase would provide clarity on what is required and more certainty about the process ahead. Shorter legislated timelines for the project review phase will be rigorously managed to keep the process on track. A more efficient and predictable process will lead to more timely decisions.

Finally, we will streamline the process and coordinate with the provinces and territories to reduce red tape for companies and avoid duplicating efforts in reviewing proposed projects. Our goal is one project, one review.

We have also announced that we are seeking Canadians' feedback on how we will change the project list regulations that define the types of projects that would be subject to impact assessment. The project list aims to make it easier for everyone to understand when the new rules will apply, providing certainty that both Canadians and companies need and expect.

The Harper government's project list was a grab bag of projects developed in a non-transparent way, and based on political motives, not the public interest. The project list is meant to identify the types of projects that pose significant risks to the environment in areas that fall under federal jurisdiction. These projects will always require federal review.

We want to hear from Canadians on the criteria to revise the project list to ensure that they are more robust and effective and that they include criteria such as environmental objectives and standards for clean air, water and climate change.

The new rules outlined in Bill C-69 must undergo a thorough review in the House and the Senate until they come into effect. Existing laws and interim principles for project reviews will continue to apply to projects under review.

In terms of changes to other statutes as part of our government's regulatory review, we are also proposing changes to the Canadian Navigable Waters Act, and in Bill C-68, to the Fisheries Act, as was announced by the Minister of Fisheries, Oceans and the Canadian Coast Guard last week. These changes would better protect waterways, fish, and fish habitat.

The Canadian Navigable Waters Act will restore navigation protection for every navigable waterway in Canada. Changes to the Fisheries Act will add important new safeguards for our fisheries, including measures to rebuild damaged fish stocks and restore degraded habitat, ensuring that our fisheries and environment are protected for future generations.

Of course, none of these proposed changes mean much without providing the extra capacity needed to deliver on our commitments. That is why we are investing up to $1 billion over five years to support the proposed changes to impact assessments and the Canadian energy regulator; increased scientific capacity in federal departments and agencies; changes required to protect water, fish, and navigation; and increased indigenous and public participation.

I am extremely proud today that we are delivering on one of our major campaign promises. I want to thank Canadians from coast to coast to coast for all of their valuable input which will help ensure better rules to make our environment and grow the economy.

We know that the changes we are announcing today in Bill C-69 will not satisfy everyone. People who tend to distrust business and want no project to go ahead will say we are doing too little to protect our environment. Those who want every project to go ahead whatever the environmental cost will say we are doing too little to support resource development. However, the better rules we are announcing today in Bill C-69 reflect what we have heard overwhelmingly and consistently from Canadians over the past year and a half.

Canadians want a modern environmental and regulatory system that protects the environment, supports reconciliation with indigenous peoples, attracts investment, and ensures good projects can go ahead, which creates middle-class jobs and grows our economy. Canadians understand that better rules will make us more competitive, not less. Canadians understand that the environment and the economy go together.

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Yes, but the next day, with Bill C-69, they didn't mention free, prior, and informed consent.

Fisheries Act

[Wayne Stetski, NDP, Kootenay—Columbia, BC]

Mr. Speaker, I would like to thank my colleague across the floor for her work on this, and for bringing in both Bill C-68 and Bill C-69.

My riding of Kootenay—Columbia was Conservative for 21 years. Quite frankly, it was the Conservative government's attack on environmental legislation, including the Fisheries Act, Navigable Waters Act, and the Environmental Assessment Act, that led to the change in my riding of Kootenay—Columbia.

I was a regional manager with Fish and Wildlife for southeastern B.C. from 2002 to 2009. At the time, there was a DFO office in the Kootenays that had four staff working in it. They showed me a staffing chart. They were supposed to go to 12 staff, but by the time 2015 came along, there was not one DFO staff left in the Kootenays.

Would the member support re-establishing a DFO office in Kootenay—Columbia in the southeastern part of B.C.?

The Environment

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, the Liberals promised to actually strengthen the environmental assessment process gutted by the Conservatives. It is still in place. They promised to remove political considerations from assessments and base decisions on project approvals on scientific evidence, yet Bill C-69 retains the government's ability to disregard scientific evidence, traditional knowledge, identification of adverse impacts, health risks, and community concerns, and still deem the project to be in the public interest.

How can the Minister of Environment defend this bill as a strengthened law?

[Bernard Généreux, Conservative, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

Mr. Speaker, the Conservatives implemented a rigorous environmental assessment process enabling Canada to meet its economic and energy needs, all while ensuring that approval decisions are based on science. With Bill C-69, the Liberals are trying to turn this process upside down, even though it works very well.

Can the minister tell us which projects approved under the former process she does not agree with? Which projects would she like to see fail?

[Karen McCrimmon, Liberal, Parliamentary Secretary to the Minister of Transport]

Mr. Speaker, I thank the hon. member for her tireless commitment to environmental protection. She has made a difference.

Our government committed to restoring navigation protections, and that is what it has done. On Thursday, our government introduced Bill C-69, which contains amendments to the Navigation Protection Act and would create the new Canadian navigable waters act.

This new act is informed by a study conducted by the Standing Committee on Transport, Infrastructure and Communities, as well as 14 months of listening to Canadians, including indigenous peoples, boaters, industry, other levels of government, environmental non-government organizations, and the Canadian public.

The new Canadian navigable waters act delivers on our government's mandate commitment to restore and better protect the rights of Canadians to travel on Canada's vast network of waters. It will do this by introducing navigation protections for every navigable water in Canada, increasing transparency in our processes, giving indigenous people and communities a say in projects that may affect them, and by providing opportunities for indigenous people to become partners in protecting navigation.

Indigenous peoples have a sacred relationship with waterways and use those waterways to exercise their rights. This is why the Canadian navigable waters act is an important opportunity to advance our government's commitment to reconciliation with indigenous peoples based on the recognition of rights, respect, co-operation, and partnership.

Indigenous people have told us they want more information about development on the navigable waters in their traditional territories. The Canadian navigable waters act proposes new notification requirements and the creation of a public registry that would make information available about new projects in all navigable waters in Canada. It also proposes a new process that would allow indigenous people and communities to raise concerns about projects with project proponents, and for the government to assist with resolving these concerns when needed.

The proposed Canadian navigable waters act is aligned with the principles and approaches of the broader environmental and regulatory system introduced by my colleague, the Minister of Environment and Climate Change, on February 8. Any permitting decisions under the Canadian navigable waters act will be fully integrated into this new impact assessment system so that we can protect our environment, fish, and waterways, rebuild public trust, and create new jobs and economic activity.

Together, we are committed to implementing a new environmental and regulatory system that responds to the needs of Canadians.

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

Mr. Speaker, it is an honour to rise this evening in adjournment proceedings to return to a question I asked on October 23 of last year. Some will remember this question only for the uproarious laughter that ensued, most inappropriately, as some members in this place thought the Minister of Transport had misspoken. He referred to the kind of sense of shared commitment the opposition benches all felt in opposing the omnibus budget bills put forward by the previous government.

In the spring of 2012, the omnibus budget bill, Bill C-38, repealed our environmental assessment act and destroyed the Fisheries Act. We fought very hard against that, and then in the fall of the same year, there was another omnibus budget bill, Bill C-45, that gutted the navigable waters protection act. In referring to that, the hon. Minister of Transport referred to remembering spending the whole night with me, which of course, was in this House over 24 hours of straight voting. Very few members actually stayed in their seats voting continually on every amendment and every motion, but since most of the amendments were mine, I stayed here in my seat for 24 hours voting straight through. It certainly was not an occasion for raucous laughter, but we know sometimes people in this place do not rise to the occasion. They sink to grade two or maybe kindergarten.

In any case, I want to return to that, because now we have seen the proposed amendments to the Navigation Protection Act. In fact, they were tabled in this place just last week. I have reviewed them thoroughly. I had extreme concern, which I raised in my question, that the Minister of Transport was not likely to meet the mandate letter, in which the Prime Minister had instructed him to restore lost protections to the Navigation Protection Act. It appeared from discussion papers and from the report of the parliamentary committee on transportation that the government was going to be prepared to say that this is what the previous government did, that it took some 99% of navigable waters from our inland waterways out of the act and created a short list of about 100 named waterways that are internal to Canada, and that is that. If a waterway is on that list, it is navigable water. If it is not on the list, it is not. It appeared for quite a while that the Liberal approach would be to say that they would create a system whereby people could add waters to the list by application.

It was a real relief, in reading Bill C-69, one of the few places in reading that bill that I was actually relieved, that the definition of navigable waters has been changed such that it is not just the schedule of waterways that will be considered navigable waters but any waterway human beings are currently using. It would not be as broad as what there was in 1881, but any body of water, anywhere in Canada, in which one could put a canoe or a kayak and navigate one's way through would require a permit from the federal minister before that body of water could be obstructed. It is much broader than it was under Harper. It is not a complete restoration of lost protections, but a much bigger swath of interior waters of Canada would now be under a navigable waters act.

One of the aspects of the lost protection was that the issuance of a federal permit would trigger an environmental review. Under part 1 of Bill C-69, we would now have what would be called an impact assessment, but without any triggering to review projects where a federal minister had to give a permit. We await finding out what the designated projects would look like, but it would still fall short of what was promised.

Opposition Motion—Trans Mountain Expansion Project

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

Mr. Speaker, the oceans protection plan is historic, with a world-leading $1.5 billion to protect our beautiful coasts. In addition, in part of the bill put forward last week, Bill C-69, there is a component on transportation, fisheries, and oceans. It is important to remember that it is not about each piece individually. It is the importance of all those pieces coming together to ensure that we are able to get our resources to market, and protect our environment, and protect our coastlines.

[Anna Johnston]

It's finding them, and again, this might be a legislative measure. I know that in Bill C-68, the amendments to the Fisheries Act, and Bill C-69, the proposed impact assessment act, there are provisions requiring consolidated databases of information, and also under the Navigation Protection Act.

It could be quite easy for an amendment to be made to this legislation to similarly require a consolidated registration database of all registered vessels, which would probably clear up a lot of the issues.

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

Mr. Speaker, I know the hon. member for Lakeland understands, as do those of us on this side of the House, how important the Trans Mountain expansion pipeline is not only to her own province of Alberta but to the entire country. I am also pleased to see that the motion refers to two key points behind our government's approval of the TMX pipeline. The first is that the pipeline is in the national interest and will create good paying jobs for Canadians. Second, if we want to sell our resources to the world, we have to provide access to those markets. Our government has never wavered in standing behind its decision to approve this project.

The Prime Minister has made the case for it on many occasions, both in the House and elsewhere, including in Alberta and British Columbia. The Minister of Natural Resources has taken that same message across Canada, including just last week in Calgary and in his speech to the Vancouver Board of Trade a couple of months before that.

I do not understand how the hon. members on the other side could believe that this pipeline is anything but a priority for our government. Our position is clear. The TMX pipeline has been important to Canada since it was originally constructed in 1953, and it will be important to our future. It will be built.

This expanded pipeline will help diversify our markets. It comes with improved environmental safety, and it will create thousands of good middle-class jobs, including in indigenous communities. The TMX pipeline will also contribute to our government’s plan to make Canada a global leader in the transition to a low-carbon economy.

How? As the Minister of Natural Resources has said, by using this time of transition to Canada's advantage, building the infrastructure to get our resources to global markets, and using the revenues it generates to invest in innovative, cleaner forms of energy, in other words, leveraging the fossil fuel resources we have today and the innovation they provide to deliver clean energy solutions for tomorrow. That is the same message we heard from Canadians through Generation Energy, a historic natural discussion to imagine Canada's energy future for our children and their children.

Canadians have told us by the hundred of thousands that they want a thriving, low-carbon economy. They want us to be a leader in clean technologies. They also want an energy system that provides equal opportunities to Canadians, without harming the environment. They also understand we are not there yet, which means continuing to support our oil and gas industry, even as we develop sources of renewable energy, such as biomass, solar, tidal, nuclear, and wind.

This is the same approach we are taking as we work with the provinces and territories to develop a Canadian energy strategy, one that seeks common ground and shared purpose, leveraging our traditional resources while promoting renewable sources of energy, enhancing energy efficiency, and investing in clean technology. TMX fits within all of this.

We are under no illusions that everyone would agree with our approval of TMX. Many Canadians, including a number in Lower Mainland, British Columbia oppose the pipeline. Our government understands and shares British Columbians' sense of responsibility for Canada's spectacular west coast, which is why we took the time to get our TMX decision right, based on the best science, and the widest possible consultation.

At a time when the government of British Columbia has announced its own intention to consult, it is important to remember the broad consultation that has already taken place. The National Energy Board concluded a thorough review of TMX, and recommended that we approve the project, subject to 157 binding conditions.

To enable even more voices to be heard, however, the Minister of Natural Resources also appointed a special ministerial panel to hold additional hearings. The panel held 44 public meetings, hearing more than 600 presentations, and received some 20,000 submissions by email.

At the same time, we made the single largest investment ever to protect Canada's oceans and coastlines, with the $1.5 billion oceans protection plan, which was needed whether the TMX was expanded or not. It is an oceans protection plan that will improve regional plans with key partners, particularly coastal and indigenous communities that have irreplaceable on-the-ground and traditional knowledge. This generational investment in ocean safety addresses concerns about spill prevention and responses and provides significant additional protections for Burrard Inlet and the Salish Sea.

In approving TMX, we have also done something unprecedented in Canada. We have co-developed an indigenous advisory and monitoring committee to help oversee the safety of a major energy project through its entire life cycle. Our approval of TMX also fits within our international commitments on climate change and will be required to operate within the hard cap on emissions set by Alberta's climate plan. In fact, TMX, the line 3 replacement pipeline, and the proposed Keystone XL pipeline together will be required to stay within the 100 megatonne limit set by Alberta.

Finally, it is worth making the point that Canada will continue to produce oil and ship it across the country, whether new pipelines are built or not. What is indisputable is that pipelines are by far the safest means. The Pipeline Safety Act strengthens this by enshrining the principle of polluter pays. It makes companies liable, regardless of fault, for $1 billion in the case of major pipelines, and requires them to have the financial resources to respond to potential incidents.

Once the TMX is up and running, it will give Canadian energy a route to world markets, providing Canadians with something they have not had before: options. For the first time, we can export our energy where we can obtain the best price. Market decisions, not a monopoly buyer, will determine our strategy.

Those who believe that stopping TMX is a win overlook what would be lost: jobs, income, investment in the energy transition, and opportunity. As the world continues to make the transition to a low-carbon future, we need sensible, sustainable approaches, ones that understand that the path to a low-carbon future may be long, but its trajectory is clear. Our responsibility is to use this time wisely by improving the environmental performance of traditional energy sources while developing new ones, by investing in both pipelines and clean technologies, and by engaging indigenous peoples as never before. That is exactly what we have been doing.

We are demonstrating that we can grow the economy significantly while protecting the environment, that the two can, and indeed must, go together. The legislation we introduced last week, Bill C-69, is the clearest proof of that. It would offer a new approach to assessing and reviewing major new resource projects, a modern way to ensure that good resource projects were built in a responsible, timely, and transparent way.

This is our plan for Canada, a plan that points us to a stronger economy and a cleaner environment. I invite the hon. members opposite and the member for Lakeland to get behind this nation-building plan, to work with us rather than using this opportunity to further ignite tensions. Let us build a brighter future for Albertans, British Columbians, and indeed, all Canadians together.

[Ken Paul, Director, Fisheries and Integrated Resources, Atlantic Policy Congress of First Nations Chiefs Secretariat]

First, I'd like to acknowledge that we are on Algonquin traditional lands, and that we want to respect their sovereignty.

I also want to mention that I'm replacing Chief Bob Gloade, who had a medical emergency yesterday. He was supposed to appear on our behalf as one of our co-chairs, and I hope that we can send prayers for a speedy recovery to him and his family.

Chief Terry mentioned our treaties. I would like to read an excerpt from the treaty of 1752, the Peace and Friendship Treaty, between His Majesty the King and Jean Baptiste Cope. Article 7 specifically says:

That the Indians shall use their best Endeavours to save the lives and goods of any People Shipwrecked on this Coast, where they resort, and shall Conduct the People saved to Halifax with their Goods, & a Reward adequate to the Salvadge shall be given them.

This actual treaty and this passage itself can be found on the Indigenous and Northern Affairs website.

We understand that with Bill C-64, an act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations, the Government of Canada seeks to strengthen liabilities of owners, prohibit abandonment, enhance federal powers to undertake assessments, introduce compliance and enforcement regimes, and clarify the roles of Transport Canada, the Department of Fisheries and Oceans, and the Coast Guard.

The Standing Committee on Transport, Infrastructure and Communities must consider the points that follow.

The Mi'kmaq and Maliseet are signatories of the treaties of peace and friendship with the crown. The treaties are pre-Confederation nation-to-nation agreements, and Canada has officially recognized the treaties of 1752 and 1760-1761 through court cases.

The Mi'kmaq and Maliseet have never ceded any territorial lands or waters to the crown or Canada. As original inhabitants of territory spanning Nova Scotia, New Brunswick, P.E.I., Newfoundland, and Quebec, Mi'kmaq and Maliseet enjoy aboriginal treaty rights that originate from our inherent rights.

According to Canadian law, the crown has the fiduciary duty to consult with first nations chiefs on any legislation that may impact aboriginal and treaty rights, and this includes Bill C-64.

The treaty of 1752 identifies and acknowledges a critical role of Mi'kmaq people in rescue and salvage operations of shipwrecks on the Atlantic coast.

Bill C-64 proposes new authorities to the Minister of Fisheries and Oceans and the Canadian Coast Guard with respect to wrecks and abandoned vessels for salvage and environmental damage. This includes fees and penalties. These authorities and the roles of first nations must be discussed in full consultation with Mi'kmaq and Maliseet.

Bill C-64 proposes new registries for vessel owners, along with associated fees. Any new regulations, policies, administration, or costs must be discussed in full consultation with Mi'kmaq and Maliseet.

Economic opportunities to perform vessel deconstruction, recovery, salvage, and transport must give special consideration and preference to Mi'kmaq and Maliseet enterprises.

Environmental and economic impacts of shipwrecks and abandoned vessels in unceded traditional territories must also take into consideration the social and cultural impacts to Mi'kmaq and Maliseet people. This must include, but not be limited to, indigenous traditional knowledge, which has been expressed in Canada's proposed Bill C-69, the impact assessment act.

Thank you for your consideration.

[Dominic Barton]

I'm not familiar with the details of Bill C-69, so I apologize for that. We will make sure that we look at that. It sounds as though there are some elements that would be in line with what the panel recommends, in regard to the point you made about speed.

What we're saying is probably more at an execution level within the current rules. What we were hoping to have put in place is this expert panel. We said we wanted to have representatives from the private sector and academia, not just from the government side, that would actually look at this, working with the Treasury Board Secretariat, literally to go through what we were saying on a sector-by-sector basis. We identified six tables that we think are important. We would start with those to say, “Let's just go through those on an execution basis and see what we already have; what are some of the regulations that are in place?”

[Tom Kmiec, Conservative, Calgary Shepard, AB]

I'm going to focus on the initial questions that my colleague Mr. Albas had about the Expert Panel on Regulatory Agility and Innovation, which you talk about here.

I would ask that you flesh it out some more and maybe draw a parallel with a piece of legislation before the House of Commons right now, Bill C-69, that would basically replace some of the regulators that exist now. It will add the following areas of study for companies to submit, including, I guess, some type of documentation on health, economy, social issues, gender, and indigenous rights. They are shortening the target dates for having an approval from 450 days to 300 days, but they seem to be layering on more complexity for the company to be able to get to the point of saying yea or nay.

How does that fit with the Expert Panel on Regulatory Agility and Innovation? How do you see these two? On one hand, you have this piece of legislation that is proposing to increase the scope of study of the subject matter that companies need to look at. It's pretty broad in its scope, so I can already see individuals who work in those companies trying to figure out how to comply with the new rules, how to demonstrate compliance with the regulator. On the other hand, they are also shortening the timelines, which would be a good thing, because you will find out faster whether you comply with the requirements.

In this year, you talk about unleashing creativity of Canadian innovators and entrepreneurs and better coordination between agencies and jurisdictions. Can you talk more about that? On one hand, you have the government doing one thing, and you're recommending something that doesn't seem to align itself too well.

[Amarjeet Sohi, Liberal, Minister of Infrastructure and Communities]

Mr. Speaker, I want to thank the member for Lakeland for her motion on a matter of such importance, not only to our shared province of Alberta, but to British Columbia and indeed all of Canada.

As an Albertan, I am proud that our government, after extensive consultation, approved the expansion of the Trans Mountain pipeline. Before I go into why we approved this pipeline, let me first remind the hon. member how her party, under former Prime Minister Stephen Harper, failed to protect the interests of Alberta's resource sector. For 10 years, Harper Conservatives talked the good talk but failed to build a single pipeline to take our oil to non-U.S. markets.

I would also like to remind the hon. member that the struggles Alberta families and workers have faced in the last number of years started when her party was in power. More than 25,000 energy sector jobs were lost in the last year of the Harper government. What did it do to help those workers and families? It did absolutely nothing. It even held back infrastructure investments of nearly $1 billion that could have helped those struggling families to gain jobs. I guess that criticizing Premier Notley and the Government of Alberta was more important to the Harper government than helping struggling Alberta families.

When we took office, we immediately started looking for solutions to help Alberta workers and families. In March 2016, we provided $252 million in fiscal stabilization funding to the Government of Alberta. At the same time, we significantly extended employment insurance benefits for all Albertans who needed them. As a result, over 100,000 workers received more than $400 million for five additional weeks of EI support.

Very early in 2016, Export Development Canada provided $750 million in financing, guarantees, bonding instruments, and insurance to oil and gas companies. In July 2016, the Business Development Bank of Canada and ATB Financial partnered to provide $1 billion aimed at making more capital available for small and medium-sized businesses in Alberta. In March 2017, our government announced $30 million, which unlocked $235 million to accelerate the cleanup of orphan wells over the next three years.

My department, Infrastructure Canada, has provided support to almost 200 provincial, municipal, and indigenous infrastructure projects, leading to over $4 billion of joint investment in infrastructure over the coming years. This is on top of the $200 million that flows from the federal government to Alberta communities yearly through the federal gas tax program.

Finally, our government approved two oil and two gas pipelines, including Kinder Morgan's Trans Mountain expansion, which will help get more of our resources to the markets we already have and open up new markets so we are not so reliant on our neighbour to the south to buy our oil.

We approved Kinder Morgan because it is in the interest of Canada. It is in the interest of Canada to create thousands of jobs in virtually every part of the country. It is in the interest of Canada to create a way for our resources to get to the global markets. It is in the interest of Canada to receive a fairer price for those resources. It is in the interest of Canada to partner with indigenous communities, respect and recognize their rights, and ensure that traditional knowledge is integrated into our decisions. It is in the interest of Canada to develop its resources in a way that does not compromise the environment.

The previous government generated complete uncertainty, widespread public mistrust, and a total inability to get a major energy project built. That approach did not work, as demonstrated by the Federal Court of Appeal ruling that overturned the Harper government's approval of the northern gateway pipeline because it failed to consult with indigenous peoples.

Since coming to office, our government has been guided by a simple but profound belief: that the economy and the environment must go hand in hand. In effect, the only way to have a dynamic economy is to ensure that it is done in a sustainable environment. We also know that good projects, such as the Trans Mountain expansion, will not get built unless they carry the confidence of Canadians.

That is why, in January 2016, the Minister of Natural Resources and the Minister of Environment and Climate Change introduced a set of interim principles to move forward on projects already under review. These principles reflect our priorities: maintaining certainty for investors, expanding public consultation, enhancing indigenous engagement, and including greenhouse gas emissions in our project approvals and assessments. The benefits of the interim principles were felt immediately.

However, our goal has always been a permanent fix to Canada's environmental assessments. That is why, just seven months into our mandate, we launched a comprehensive review that included modernizing the National Energy Board, protecting our fish, and preserving our waterways. We appointed expert panels, enlisted parliamentarians, released a discussion paper, and consulted Canadians every step of the way, listening more than we spoke.

Last week, our government revealed the fruits of those efforts with a new plan for reviewing major resource projects. Introduced last Thursday by the Minister of Environment and Climate Change, Bill C-69 has the potential to transform our natural resource sectors, providing project proponents with clearer rules and greater certainty while ensuring that local communities have more input and the rights of indigenous people are respected and recognized.

The Trans Mountain expansion decision was consistent with this approach. It was accompanied by a historic investment of $1.5 billion in the oceans protection plan, an unprecedented commitment to safeguard our coasts and partner with indigenous and coastal communities to ensure the health of our waters, shores, and marine life. That is how we have demonstrated our commitment to the environment. That is how we will ensure that economic growth comes because of, not at the expense of, protecting the environment.

I am delighted to see the hon. member supporting the TMX pipeline. Unfortunately, she has chosen to use this as an opportunity for wedge politics instead of nation building. She asks the government to take action. As the Minister of Natural Resources has pointed out, that advice, while welcome, is late.

The Prime Minister reached out to Premier Notley and Premier Horgan shortly after this issue arose. The Minister of Natural Resources and the Minister of Environment and Climate Change have been having discussions with their counterparts, and high-level officials from our government have flown out to British Columbia to seek a resolution. I have no doubt that a way forward can be found. It is in our national interest, and in the interest of the Government of Canada, to speak with some degree of moderation in encouraging a path forward to achieve the objective, which is to get this project built.

As the Minister of Natural Resources has already pointed out, our government consulted widely on the TMX. The National Energy Board conducted a thorough review and recommended approval with 157 binding conditions. The minister then extended the process and appointed a special ministerial panel to hold additional hearings, allowing even more people to participate. Our government believes in consulting with Canadians, and we are certainly not going to try to stop a provincial government from doing the same.

Let me be very clear. Any proposed regulation by the B.C. government to attempt to limit the flow of bitumen through the pipeline would be outside provincial jurisdiction. We approved the federally regulated pipeline project that will create thousands of good, well-paying jobs across Canada, and we stand by that decision.

In December, we intervened with the National Energy Board when the City of Burnaby attempted to delay the permitting process. At that time, the board created a dedicated process to resolve future permitting delays, should they arise. In that case, there was a specific action to challenge. At the moment, there is no comparable initiative by the Government of British Columbia.

This is not a time to fan the flames of division or to set parties hunkering down in one section of the Constitution Act or another. Now is the time for a measured, thoughtful, and appropriate response, one that responds to actions, not intentions. Should the Government of British Columbia attempt to impose unacceptable delays or take any other action that is not within its jurisdiction, our government will act as any other reasonable and responsible government would.

As a member of Parliament from Edmonton, Alberta, I know first-hand the importance of projects such as TMX to our communities. When our government was elected, Alberta's economy was struggling. Resource prices were down. Unemployment was up, and too many of my friends, neighbours, and fellow Albertans were suffering through a significant economic downturn. Our federal government recognized that Alberta and other resource economies needed help, and we stepped up to provide that assistance. The approval of the Kinder Morgan TMX is part of that effort to help the global economy and to create jobs for Albertans and for Canadians. That is why TMX is so important. That is why our government approved it. That is why we have criss-crossed the country supporting it, and that is why we will make sure that it is built.

Business of Supply

[Jim Carr, Liberal, Minister of Natural Resources]

Madam Speaker, it is with disappointment that I join this debate.

Canadians look to their national Parliament for steady leadership and aspirational thinking. They look to us to unite our country and build our nation. Instead, they have seen too many examples of something quite different today. They see a motion seemingly designed to provoke anger and inflame anxiety, members who prefer to point fingers and sow division. At times, I have even wondered if the main purpose of this debate is to fan regional tensions and reopen historical grievances. We are better than that.

The world has reached a turning point. Climate change represents our generation's greatest challenge, and investing in a low-carbon future is the new norm.

Canada is uniquely positioned to rise to this occasion and to be a global leader, thanks to the resources of our country and the resourcefulness of our people. This is our government's vision for Canada in this clean growth century. It is a vision that brings all Canadians together under common cause, and one that includes using this time of transition to Canada's advantage, building the infrastructure we need to get our resources to global markets, and using the revenues they generate to invest in that future. That is what we are doing.

This is why our government is working with officials in Alberta and British Columbia to get a resolution on TMX. Prime Minister to premiers, ministers to ministers, and senior officials in each government, everyone working in good faith and without an artificial deadline, which is why the motion before us is misguided.

To suggest that the Trans Mountain expansion pipeline is not of the utmost importance to our government is the height of folly, and it flies in the face of the facts. The Prime Minister has been very clear about our government's position. As he said in Edmonton earlier this month, “That pipeline is going to get built”. He then added, “We need this pipeline and we’re going to move forward with it responsibly”. Nothing could be more certain, which means there is no need for a motion to tell our government to use all of the tools available to it, and certainly no reason for deadlines or ultimatums.

Interprovincial pipelines are the responsibility of the federal government, and a responsibility that our government takes seriously, respects, and will defend. When making decisions on interprovincial pipeline projects, it is our duty to act in the national interest, which is exactly what we did in approving the Trans Mountain expansion pipeline.

There is an indigenous proverb that says, “We do not inherit this land from our ancestors. We borrow it from our children.” This perspective has inspired our government throughout its first two years in office. It is the reason we believe the economy and the environment must go hand in hand, and it was the motivation behind the launch of Generation Energy, the largest national discussion about energy in Canadian history.

I want to take a moment to remind the House what happened during Generation Energy, because, years from now, Canadians may very well look back and say that Generation Energy was a turning point, that it marked our emergence as a global leader in the transition to a low-carbon economy. We invited Canadians to imagine Canada's energy future, and they responded, joining the conversation by the hundreds of thousands, with hundreds more descending on my home city of Winnipeg for a two-day discussion on Generation Energy last fall. Let us reflect on that fact for a moment.

The people who came to Winnipeg for Generation Energy came from every corner of our country and from around the world. They came from Norway, France, Mexico, and the United States. They came from every sector of the energy industry: oil and gas, wind, solar, nuclear, electricity. Respected indigenous leaders, business leaders, community leaders, youth leaders, they were all there. It was only the Conservative Party that chose to send no one. People who may never have spoken to each other before were in the same room, challenging each other and themselves.

Suddenly, the questions became even more pressing, questions such as “What happens now?” and “What if our individual choices could add to transformational change?” Generation Energy tapped into something unexpected and unstoppable. Our government is building these ideas into a Canadian energy strategy, working with the provinces and territories to expand what they have already done: leveraging the fossil fuel resources we have today to deliver clean energy solutions for tomorrow; planning our energy future to align with a global transition to a low-carbon economy; leaning on shared priorities such as energy efficient, clean technologies, and green infrastructure; and linking those provinces that have an abundance of clean electricity with those trying to get there.

We do not share the views of those who would simply pump as much oil as we can as fast as we can, nor do we agree with those who say that we should leave all the oil in the ground and never build a single pipeline. Both sides miss the point that we can and must grow the economy while protecting our environment for future generations. How do we do both? One certainly does not take the approach of the Harper government, which was to ignore indigenous rights, climate change, and the environment in the name of economic development at any cost. One does it by fully respecting indigenous rights, climate change, and the environment as essential components of economic development.

To the hon. member and her party opposite, I offer a stroll down memory lane. This is an important point. The moment Harper decided to use all tools available in the sole name of pipelines was the moment he lost the trust of Canadians. To refresh our memories, the member opposite's government was focused on exempting pipelines from environmental assessments, treating environmentalists as terrorists, removing the ability for environmental groups to speak out, stripping the ability of Canadians to participate in project reviews, and using taxpayers' money to investigate any organization that cared about the environment, and eliminating decades' worth of legislation in one fell swoop. Harper truly did use all the tools he could find to dismantle anything standing in the way of rapid and unchecked resource development. What the Harper government never understood was that ignoring something does not mean it will go away.

When our government was elected by Canadians, we knew public trust was gone. We rolled up our sleeves to fix the mess the Harper government left behind. First, we launched a new interim approach to environmental assessments in Canada. Within weeks of taking office, we launched a different approach to major project reviews that put indigenous rights, science, environmental protection, and transparent and open public consultation front and centre. The Harper government removed all these things in the name of jamming things through. It did not work. We put these principles back, maintaining certainty for investors, expanding public consultation, enhancing indigenous engagement, and including greenhouse gas emissions in our project assessments.

Second, we acted on climate change. We ensured the Paris Agreement on climate change was ambitious. The House, including the members opposite, supported that agreement. We signed it, ratified it, and launched the pan-Canadian framework on clean growth and climate change, which included Alberta's hard cap on oil sands emissions. This was the first climate change plan in the history of the country that was developed hand in hand with provinces and territories, as well as with first nations, Métis, and Inuit. For the first time in the history of this country, we launched a federal plan to put a price on carbon pollution. For the record, we are nearly 30 years behind countries such as Norway in pricing carbon pollution, and it seems to be doing okay.

Third, we acted on oceans protection. We launched the single largest investment in Canada's oceans in this country's history, $1.5 billion. It is the largest investment in the Canadian Coast Guard in a generation. We looked to the world's leading ocean protectors, Alaska and Norway, and we said that we should match or beat them, and we have. Once implemented, Canada will have the best oceans protection measures in the entire world. Canada has oil, gas, and fuel being shipped through, from, or to all three of our coasts, and we have had this for over 60 years. With this comes great responsibility to protect our oceans.

Let us be clear, these three things would have happened, pipeline or no pipeline. However, these three crucial plans had to be implemented because the Harper government eliminated climate change action and oceans protections in its own efforts to use all tools humanly possible in the name of pipelines.

Fourth, we approved three pipelines, the Trans Mountain expansion, Line 3, and Nova Gas, and denied one, the northern gateway pipeline. All those decisions were made based on the national interest, sound science and evidence, full public consultation, and upholding the rights of the indigenous peoples. Most importantly, all of these decisions took into account everything we had done before: a new method of doing environmental assessments, ensuring these projects fit within Canada's climate change action plan, making sure we have the world's safest and strongest oceans protections plan, and ensuring indigenous rights were held up.

Regarding the northern gateway pipeline, the vast majority of indigenous communities were opposed to the project. The Harper government's insufficient consultations and complete lack of scientific considerations or public engagement meant that it completely missed the fact that the Great Bear Rainforest was no place for a pipeline. The Federal Court of Appeal, in its judgment that quashed northern gateway, was not critical of the proponent or the regulator but of the Harper government.

On the Trans Mountain expansion project, the majority of indigenous communities were in support. Today, 42 have impact benefit agreements, while six exercised their rights in court.

Through re-establishing transparent and open public consultations, a process the Harper government had dismantled, we heard from thousands of Canadians who told us we have a responsibility to get our resources to market, to take action to protect the environment, and to create good-paying, middle-class jobs.

We launched a special ministerial panel of distinguished Canadians. They were appointed to travel up and down the length of the proposed pipeline route, ensuring indigenous peoples and local communities were thoroughly heard. For the first time, we made the record of those decisions public on the Internet for all Canadians to see.

We also carefully considered the findings of the National Energy Board. For the first time, the Government of Canada co-developed, with first nations and Métis leaders, the indigenous advisory and monitoring committee for both Line 3 and the TMX. We are investing $64.7 million over five years in these communities, which are essential to ensure the companies live up to their promises and fully engage rights holders throughout the entire life of the projects.

We understand that our decision on the bill to expand the Trans Mountain network is not unanimous, but we are determined to work with the provinces and with indigenous peoples to keep Canada's energy infrastructure safe and secure, all while showing environmental leadership.

The project represents a $7.4 billion investment and thousands of good, middle-class jobs, a project that stands to benefit Canadians across the country, just as the existing pipeline has done since 1953, creating new access for Canadian oil to global markets and world prices.

This access and the stable reaction of government is crucial to investor confidence. This is particularly important in a time of discounted and low oil prices. The expansion of market access will feed economic growth. Those billions of dollars of investment will trickle down into public investment in schools, roads, highways, and my personal favourite, even the symphony orchestra.

There is a community cost to blocking this project. Government revenues support all Canadians, and they support investment in the transition to the low-carbon economy, all of which combine to make this a very important project to the entire country. The TMX expansion approval also came with 157 binding conditions, 98 of which relate to pre-construction requirements.

Just as important, the pipeline is required to be consistent with Canada's climate plan to 2030, as the project must operate within Alberta's 100 megatonne cap. As I described before, we are implementing the most ambitious oceans protection plan in our country's history, with the single largest investment to protect our waters, coastlines, and marine life.

Canada needed this plan with or without an expanded pipeline, because our oceans protection had eroded under the Harper government.

We understand that one of the biggest concerns on everyone's mind is the potential oil spill. We share that concern, which is why we have developed a plan that puts in place every safeguard against a spill happening in the first place.

Through the oceans protection plan, the Canadian Coast Guard now has more people, more authority, and more equipment to do its vital and necessary work. For the first time, two large tow vessels will be on call on the B.C. coast. Several Coast Guard vessels will be equipped with specialized toe kits to improve capacity to respond quickly. Primary environmental response teams, composed of specially trained personnel, will further strengthen the Coast Guard's existing on-scene operations.

We also reopened the Kitsilano Coast Guard station with new rescue boats and specialized pollution response capabilities, and there is a targeted action plan to promote recovery of the southern resident killer whale population.

Last week we introduced legislation, Bill C-69, that would restore the protections the country lost under the Harper government and would serve as a permanent fix in the way that Canada would assess and review major resource projects.

Bill C-69 is the culmination of more than a year and half of extensive consultations and thoughtful deliberations. It is informed by a comprehensive review that we launched just seven months into our mandate. The review also included modernizing the National Energy Board, protecting our fish, and preserving our waterways. We appointed expert panels, enlisted parliamentarians, released a discussion paper, and at every step of the way consulted Canadians, listening more than we spoke.

What emerged from these efforts were the same messages that we heard through Generation Energy, which is that Canadians are engaged. They are well informed. They know the economy and the environment can, and must, go hand in hand. They agree that Canada works best when Canadians work together. Those are the hallmarks of our legislation, a new and inclusive approach to protect the environment and build a stronger economy, creating good jobs and a sustainable future. It is an approach based on restoring public trust; renewing Canada's relationship with indigenous peoples; collaborating with the provinces and territories; protecting our environment, fish, and waterways; encouraging more investments in Canada's natural resources sectors; and better rules to build a better Canada.

Our approach is the exact opposite of the motion before us today, a motion that seeks to divide our country and pits the environment against the economy, province against province, and region against region. There is simply no need for a motion today that attempts to manufacture a crisis where one does not exist or that insinuates we return to the approach of the Harper Government.

All British Columbia has tangibly done at this point is to signal its intention to consult with the people of its province. That is its right. It is the right of every province to do that. However, we have clearly said that the federal government holds authority over the TMX pipeline, and we will. We will not entertain non-jurisdictional delays intended to stall or stop the project. That is simply not an option.

If that is the goal of any province, we will take the necessary action to ensure that federally-approved resource projects proceed. Until then, we will continue to work with all provinces and territories, and indigenous peoples, as we did on the Pan-Canadian Framework on Clean Growth and Climate Change. By driving innovation, improving environmental performance, restoring public confidence, and advancing indigenous partnerships, we can create the prosperity we all want, while protecting the planet we cherish.

The motion before us today ignores all of this. It proposes a sledge-hammer solution where one is not required. There are better options, options that speak to the generosity of our nation, options that reflect our faith in Canada, and appeal to the better nature of all Canadians. That is what I will be supporting today

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes—Brock, ON]

Madam Speaker, I am pleased to speak today about the Trans Mountain expansion project.

Last week the Government of British Columbia announced that it would halt the flow of diluted bitumen through the Trans Mountain pipeline pending the outcome of what amounts to be an environmental review. This is in spite of the National Energy Board's 29-month review, the federal government's approval over 14 months ago, the B.C. government's requirement that 157 conditions be met, and the already issued environmental assessment certificate from the British Columbia Environmental Assessment Office.

The project, which twins the existing 1,150 kilometre Trans Mountain pipeline between Strathcona County, Alberta, and Burnaby, B.C., would create a pipeline which increases the capacity from 300,000 barrels per day to 890,000 barrels per day. The expansion project would assure that the Canadian oil industry could reach new markets by expanding the capacity of North America's only pipeline with access to the west coast.

The Trans Mountain project is in the national interest of Canada. The project would inject $7.4 billion into Canada's economy during the construction phase. Oil producers would see $73.5 billion in increased revenues over 20 years. All three levels of government would share $46.7 billion in additional taxes and royalties from construction and 20 years of operation.

According to the Conference Board of Canada's estimates, the project would create the equivalent of 15,000 construction jobs and the equivalent of 37,000 direct and indirect jobs over the years of operation. Direct construction workforce spending in communities along the pipeline route is estimated to be $480 million. Overall, the project would generate more than 800,000 direct and indirect person years of employment during the project development and operation.

Last week the B.C. government, an NDP coalition held thinly together by Green Party members, put the rest of Canada on notice that there would be no oil heading west to tidewater. The Prime Minister reacted to this news by telling us that this was a disagreement between provinces. It has nothing to do with the federal government, he said, and off he went to the United States, abandoning Alberta and B.C. to work it out among themselves. With tens of thousands of jobs on the line and billions of dollars in revenue, Alberta's premier put it best when she told the Prime Minister that this is not a debate between B.C. and Alberta, that this is a debate between B.C. and Canada.

The Minister of Natural Resources said that B.C. can launch further consultations but he assured Canadians that they need to be done in a timely fashion, words that no doubt are inspiring confidence throughout the oil and gas industry, and please note my sarcasm. One might think that the oil and gas industry should adopt a wait and see approach. Perhaps the opposition should simply let things work themselves out, as suggested by the Prime Minister.

One only needs to look at the track record of the government to quickly realize what is going on here. The Liberal government is not interested in supporting the oil and gas sector in Canada. The Liberals will talk a good game; I will give them that. Members on that side of the House will claim they approved the project and they support opening markets for Canadian oil. Then why did the government cave to environmental activists backed by foreign interests by banning tanker traffic on the northwest coast destroying the northern gateway project? Meanwhile, on the east coast, which is dependent on tanker shipments of oil from foreign despots, those same tankers can pull into Atlantic ports but not into Prince Rupert, B.C. It makes no sense.

Then there was energy east. Perhaps everyone will remember that project, the one that would have created 15,000 jobs and injected $55 billion into the Canadian economy. The energy east pipeline would have decreased our dependence on oil from the Middle East and countries with questionable human rights records. The Liberals claimed it was a decision by Trans Canada, that it had nothing to do with the government. It is no wonder these projects fail when we change the rules and pile on endless regulations and more red tape, all done mid-process.

The failure of energy east has nothing to do with any decision taken by Trans Canada. Instead, it was a result of the Prime Minister's mismanagement and failure to champion the Canadian energy sector.

The government is determined to keep Canada's oil, Canada's future, in the ground in northern Alberta. We can at least ship it to the United States, where Canadian producers are forced to discount their product by 30%.

If not pipelines, what is next? Today we rely on road and rail transport to move most of our oil at great risk to communities and Canadians on the road. This was made tragically apparent in Lac-Mégantic in 2013. A terrible event such as that would give us all reason to pause. The existing Trans Mountain pipeline system moves the equivalent of about 1,400 tanker truckloads, or 441 tanker railcars, daily. Expanding the Trans Mountain pipeline would result in safer, more efficient, and more economic shipment of oil between Alberta and British Columbia. Pipelines are safe. They are regulated. They are inspected.

The technology that goes into building and monitoring pipelines today is revolutionary. The Canadian men and women who build and monitor these pipelines, and who live and raise their families in the communities where the pipelines run, know what they are doing. They trust their skills and the skills of their co-workers. The government needs to stop the rhetoric and start supporting the hard-working Canadian families in the oil and gas sector.

I fear that the Prime Minister and the Minister of Natural Resources have made a fatal miscalculation in the standoff between Alberta and British Columbia. The B.C. government says that the proposed ban is designed to forestall any increase in exports via the Trans Mountain pipeline until it is assured the coast is perfectly safe from a spill. The truth is that the B.C. NDP government and its Green Party coalition detest Alberta oil, even though it fuels the productivity of their province. Their obstructionist strategy is clearly designed to sabotage the pipeline through indefinite delays. By changing the rules midstream, they hope to force Kinder Morgan to abandon the project in the same way the Liberal government forced the demise of energy east.

The Prime Minister's failure to champion the actual and timely construction of this pipeline has created a void in national leadership, and there needs to be action right now. I urge the government to look at the options and begin a face-to-face dialogue with the province. It should look at invoking the use of special powers under section 92 of the Constitution to say that this is against the national interest and the roadblocks need to stop. There is no middle ground on this issue. The Prime Minister needs to pick a side. Either he is for environmentally responsible and sustainable natural resource extraction or he is not. To quote Jason Kenney, the leader of the United Conservative Party in Alberta, “Words are not enough, we need action”.

Each day of inaction by the Liberals fuels national conflict. The Alberta government has banned B.C. wine, and co-operation on interprovincial projects is in jeopardy. Alberta has suspended talks with British Columbia on the purchase of electricity from the western province. Up to $500 million annually hangs in the balance for B.C.

We cannot blame Albertans. The trade dispute between Alberta and B.C. is just a symptom of the Prime Minister's failure to lead. It is no wonder energy investment in Canada was lower in the last two years than in any other two-year period in 70 years. It is no wonder oil and gas companies are packing up and heading south, where the business climate is robust and welcoming. ExxonMobil announced a $50-billion investment in the United States over five years. This is highly irresponsible at a time when the NAFTA negotiations are in such a state of flux, when we need to open markets, not shut them down, and when we need to reassure investors and not send them packing.

In the midst of this crisis, the government introduced Bill C-69, meant, in the government's view, to speed up major resource projects and bring clarity to the approval process. Nothing, though, could be further from the truth. One only has to read the legislation to see that there are many exceptions everywhere. The 450-day and 300-day maximums for major and minor project approval, for example, can be extended indefinitely. Projects can be dismissed by the minister, even before getting to the initial assessment phase. Yet another example of increased uncertainty and unpredictability is the elimination of the standing test used by the NEB to restrict participation at hearings to only those who are directly affected or have knowledge or insight that is relevant and useful.

The Trans Mountain project is in the national interest. It would create jobs and provide provinces with access to global markets. Conservatives understand that the Trans Mountain project is important to Canadian energy workers because this project would create tens of thousands of jobs and help fund our hallmark national programs, such as health care.

This is a national crisis and the answer is not to send public servants to do this job. The Prime Minister needs to go to B.C., stand up to the premier, and stand up for hard-working Canadian families.

The Environment

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

Mr. Speaker, I am speaking tonight in adjournment proceedings, and the timing is almost impossible to believe. On October 20, I attempted to warn the Minister of Environment and the Prime Minister of how very dangerous it would be to give the offshore petroleum boards in Atlantic Canada any power or role in environmental assessment. The idea that the Canada-Nova Scotia Offshore Petroleum Board or the Canada-Newfoundland & Labrador Offshore Petroleum Board should have any role in the environmental assessment of projects over which they have regulatory authority is desperately worrying. I say that because these boards were created by legislation to expand offshore oil and gas. That is their role. They have a mandate to expand offshore oil and gas.

I said to the minister on October 20 that offshore petroleum boards in Atlantic Canada have legislated mandates to expand oil and gas activity. They have never had any role in environmental assessment, and if they did, it would be a conflict of interest. Now it appears that the Liberals are following through on Stephen Harper's plan to put these boards into environmental assessments, where they should not be.

I have to say that my final question to the Minister of Environment was whether she could assure this House that she would keep these offshore boards out of environmental assessment. Her answer was not very clear on October 20. The answer is really clear today, because we now have omnibus Bill C-69, which entrenches a role for these very boards in environmental assessments, where they have no business being.

There has been a bit of fancy footwork in the Liberal talking points. Expert panels reviewed the broken laws left after the Harper era by omnibus budget bills C-38 and C-45. We had massive consultations. Very high-powered expert boards were commissioned to look at the National Energy Board and provide recommendations and to look at the environmental assessment process and provide recommendations. Both recommended that energy regulators should play no role in environmental assessment and that there should be a stand-alone environmental assessment agency.

In some ways, if we were to read the press releases and the talking points, one might think that is what was just done today in Bill C-69. There is one agency, called the impact assessment agency, except for one thing. When one reads it in detail, one finds that when there is a project that would be regulated by one of these boards—what we used to call the National Energy Board, which we will have to get used to calling the Canadian energy regulator; the offshore petroleum boards; or the Canadian Nuclear Safety Commission, which, for the first time ever, Stephen Harper put in the frame of environmental assessment in 2012—under the Liberals, these boards would continue to play a role in environmental assessment.

This is how they did the fancy footwork. There is only one environmental assessment agency, but when a project falls into one of those jurisdictions, the people put on the panel to review the project must be taken from the boards of those agencies. They will apply their other laws at the same time as they go through environmental reviews.

Let me talk about the Canada-Nova Scotia Offshore Petroleum Board. I am going to quote Dr. Lindy Weilgart, an adjunct professor at Dalhousie University and an international expert on seismic blasting. She talked about the seismic surveys, approved by the Canada-Nova Scotia Offshore Petroleum Board, in the migratory habitat of the endangered right whale. Air guns are shot every 10 seconds around the clock. It is the loudest human-produced noise right after nuclear and chemical explosions. That is why she said that in 2016, 28 right whale experts declared that the additional distress of widespread seismic air gun surveys represented a tipping point for the survival of this species. The Liberals today have given these boards a role in environmental assessment.

I am horrified by this. I ask my colleague, the hon. parliamentary secretary, how she can live with what the government has just done.

Impact Assessment Act

[Catherine McKenna, Liberal, Minister of Environment and Climate Change]

moved for leave to introduce 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.

(Motions deemed adopted, bill read the first time and printed)