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—Time Allocation Motion

[Catherine McKenna, Liberal, Ottawa Centre, ON]

Madam Speaker, our government knows how important it is to establish better rules for reviewing environmental processes to protect this country's environment, fish, and waterways, restore public confidence, respect indigenous rights, strengthen our economy, and attract investment.

We agree that this is very important, and that is why it is important for the Standing Committee on the Environment and Sustainable Development to have enough time to complete its study, hear from witnesses, and work on Bill C-69. I hope the NDP will work with us to make sure we have good laws to protect environmental processes.

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

Madam Speaker, I would like to commend the minister for the huge effort she, her staff, and the department have put forward in order to bring about this bill.

The question I have follows up on the questions coming from the other side of the House. Could the minister please tell this House how much consultation actually went into creating this bill in the first place, to help inform this bill?

[Catherine McKenna, Liberal, Ottawa Centre, ON]

Madam Speaker, these better rules are based on 14 months of engagement. This was engagement with provinces and territories, with indigenous peoples, with businesses, with environmental groups, and with companies across the country.

We understand how important it is to get this right. When we look at the major resources projects planned, over $500 billion over the next 10 years, we know that we need to ensure that we have better rules to protect our environment and communities while making sure that good projects get built to create jobs for the middle class. We also need to be working in partnership with indigenous peoples.

I cannot express how pleased I am that we were able to come together. In my job, it is important that we work with environmentalists, provinces and territories, industry, and indigenous peoples. That is exactly what we are doing. We understand that the only way in the 21st century we will get good resource projects to go ahead is if we recognize that the environment and the economy go together.

I look forward to answering questions at committee.

[The Assistant Deputy Speaker, Carol Hughes]

I hear quite a bit of heckling. I just want to remind members that when a member has the floor, the member is to be afforded the respect that he or she deserves. If members have questions or comments, those individuals can stand up to be recognized.

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

Madam Speaker, I agree with my colleagues that it is totally hypocritical that the government would be shutting down effective consultation on a bill that is supposed to be about effective consultation. Clearly, the Liberals do not want to consult with fellow parliamentarians.

This is happening at a very bad time. We see that the Liberals have already killed two pipeline projects, energy east and NorthWest, and are in the process of killing Kinder Morgan by slow death. At the same time, our neighbours to the south are actually reducing regulations and moving on promoting the oil and gas industry.

This process is going to add 180 days to the consultation, and at any time, the minister, on a whim, could veto a project. Could the minister let me know how this adds any certainty to the building of these kinds of pipeline projects in Canada?

[Catherine McKenna, Liberal, Ottawa Centre, ON]

Madam Speaker, as I said, I am very pleased that we are bringing forward better rules for reviewing major projects. That is not just pipelines. That is hydro projects. That is mines. We know that we need to be doing better.

In terms of getting resources to market, we also appreciate the importance of that. That is why we have worked so hard to understand the concerns of industry, as well as looking at how we make sure that we also protect the environment and work with indigenous peoples.

I am very pleased that we will have a single agency, the impact assessment agency of Canada, which will lead all impact assessments for major projects. That will ensure the approach is consistent and efficient. That is something the industry made very clear that it needed. Also, our goal is one project, one review. We need to streamline the process and coordinate with provinces and territories to reduce red tape for companies and avoid duplicating efforts in reviewing proposed projects. We have also reduced the timelines.

We think that we have done the right thing that will ensure that we get good projects going ahead in a way that protects our environment.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Madam Speaker, we are talking here about a 350-page omnibus bill. The government was the first to chastise the former Conservative government when it brought forward omnibus bills and when it brought forward time allocation and closure motions.

I bring to members' attention the concerns raised yesterday by our colleague from Abbotsford on a question of privilege. He recounted again that, in the mandate letter to the minister, she is to be accountable for a commitment to a different style of leadership, close collaboration with her colleagues, and meaningful engagement with opposition members of Parliament. Is this the meaningful consultation with Parliament?

This is a bill that impacts every corner of our country, every indigenous community, every farm community, every conservation organization. Yes, this is after two years of consultation with the public, but there has been absolutely no time for parliamentarians who represent Canadians to discuss this bill. What happened to a constructive Parliament? I am deeply troubled by what the minister has done. It makes a joke of the mandate letter and a joke of the Liberals' commitment to consultation.

Finally, I have heard the minister repeatedly say they brought forward this bill to finally provide rules and certainty. If there is anything that is not in the bill, it is rules and certainty.

[Catherine McKenna, Liberal, Ottawa Centre, ON]

Madam Speaker, this is absolutely not an omnibus bill. This brings together four pieces of legislation that are interconnected. We cannot look at how we are going to protect our environment and our fisheries, make sure that we work in partnership with indigenous people, and also ensure that good projects go ahead without bringing coherence.

This is what is very clear in my mandate letter. It was discussed in our platform. It was clear in the interim principles that this was the approach, and when I heard from Canadians, that is what they wanted. They expected us to bring it all together and that is what we have done.

There were consultations over 14 months. We introduced the interim principles in January 2016. We have been at this for a long time. We had expert panel reports and parliamentary committees. We brought together all of this through a discussion paper. We did more consultations and now I am very pleased that it is going to go to the parliamentary committee and I will be there to answer any questions on the bill. We also need to hear from witnesses and we need to do clause-by-clause. This is exactly the way we are moving forward on this.

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

Madam Speaker, I must say I am astonished that the minister is so unfamiliar with the content of the bill she is attempting to rush through the House on this day. This is an omnibus bill, but it is not, as she claims, a bill that brings together four pieces of legislation. If she were aware, Bill C-68 is the Fisheries Act and it was not lumped together with Bill C-69, which is an omnibus bill and requires proper study. It is offensive. If it were good legislation, I might get behind rushing it through, but it is decidedly not good legislation and it must not be rushed. Bill C-68 is good legislation and the fisheries minister, lucky for him, does not have to wear the rest of this package of hybrid Harper-Liberal strategy that will make a mess of our environmental assessment.

Here is some gender analysis on this day that we are expecting a gender budget. For an omnibus bill including legislation that would normally be presented by the male Minister of Transport and another piece of legislation that would normally be presented by the male Minister of Natural Resources, why does she suppose they picked the Minister of Environment and Climate Change to wear the whole thing? They are eroding her political capital by having an omnibus bill where she is the only target.

[Catherine McKenna, Liberal, Ottawa Centre, ON]

Madam Speaker, I am very pleased to be the one who is introducing this legislation. The environment and the economy go together. I am pleased that I am a strong woman in doing that. I am also pleased that we have a gender-based analysis so that, for any major project that goes ahead, we need to have a gender-based analysis. We said that is part of the approach our government is taking.

I am actually very excited today because we know that there is going to be a gender focus in the bill. Let us be clear that there is coherence. The major projects that impact on fish will also be captured by this. This is a really important piece of legislation.

I appreciate the member opposite's commitment to the environment, understanding that we need to make progress on ensuring that good projects go ahead in a way that protects our waters, our environment, and our fish. It also ensures that we gain public trust and respect indigenous rights, and I certainly hope that the member will be actively engaged through the committee process.

[Andy Fillmore, Liberal, Parliamentary Secretary to the Minister of Democratic Institutions]

Madam Speaker, there are some who have expressed concern over the role of the offshore petroleum boards and the process of environmental assessments. I wonder what the minister might tell them to help them feel better about the bill.

[Catherine McKenna, Liberal, Ottawa Centre, ON]

Madam Speaker, throughout the process we heard from a variety of different groups. As I have said, we heard from industry, offshore boards, and also from environmentalists, provinces, and indigenous peoples. What we heard was the importance of bringing coherence. We need to have a single agency, the impact assessment agency, that leads the assessment of major projects. We know that it needs to be working with life-cycle regulators, whether that is the offshore boards or the National Energy Board, because they have expertise throughout the life of the project. However, we also heard clearly that we need one agency that is going to bring coherence, make sure we protect the environment, do the necessary consultations with communities, and partner with indigenous peoples.

[Shannon Stubbs, Conservative, Lakeland, AB]

Madam Speaker, one of my concerns is that the minister just seems utterly unaware of Canada's long-standing reputation as the most environmentally and socially responsible oil, gas, and energy producer in the world, with the highest standards and a long track record of consultation, transparency, and robust rules and processes. She mentioned the word “trust” a number of times. The Liberals taking action like this is exactly what undermines trust among Canadians and public representatives.

As my colleague from the NDP pointed out, it flies in the face of exactly what the Prime Minister said in his mandate letters to ministers about working meaningfully with opposition MPs. Canadians deserve to know exactly what the Liberals have done on this bill so far, as well as limiting debate right now.

They offered a briefing in the morning the day this legislation was introduced only for stakeholders and media. In fact, my office, staff, and I were explicitly told we could not attend that technical briefing, as was every other opposition MP in the House of Commons. A technical briefing was finally offered but it was at 4 p.m., well after the legislation had been introduced and well after media and stakeholders were already making comment on the legislation.

Now the Liberals are invoking time allocation, shutting down debate and our ability to provide input on this legislation. Opposition members are getting blocked from effectively and fully participating. Will we get blocked from effectively and fully participating on behalf of the Canadians who sent us here to do this job in committee, in third reading, and for the rest of this legislation?

[Catherine McKenna, Liberal, Ottawa Centre, ON]

Madam Speaker, to be clear, we provided copies of the bill to the opposition lobby immediately after the bill was tabled. That met our parliamentary obligations. We were also very pleased that members of the opposition were able to attend a briefing, which was over an hour and 15 minutes. My office is always available to answer any questions. Of course when this goes to committee, there will be an opportunity to ask full questions. I am available to do that.

In terms of recognizing the importance of the oil and gas sector, we absolutely recognize the importance but if we want to have good projects go ahead, we need to have the trust of the public. Unfortunately, what happened under the changes of the previous government, which gutted how we do environmental assessments and removed protections for waters and fish, was that it eroded public trust. As a result, it was much more challenging to get projects to go ahead. That is what we heard.

We have also responded to concerns about having a timely process and having one project with one assessment. What we have done is introduced legislation that meets those requirements. This is all about making sure we protect the environment and that good projects go ahead.

[Anne Minh-Thu Quach, NDP, Salaberry—Suroît, QC]

Madam Speaker, I am quite taken aback by the time allocation motion moved this morning.

It is ridiculous that we are being muzzled after only two hours of debate on this bill. This document is over 350 pages long and amends 36 pieces of legislation, as my colleague said.

The Liberals are saying there has been adequate consultation. We have debated this bill for only two hours. I have not had time to consult civil society, the young people in my riding, and other youth across Canada.

We know that future generations are going to be affected by climate change, and yet the Liberals are giving us only two hours of debate. They are going to give parliamentarians a maximum of 10 hours to debate this issue. What do the Liberals have to hide?

Somewhere in these 350 pages, the bill talks about an agency that can make recommendations, but they would not necessarily be binding, because the minister would have an enormous amount of discretion. No one knows how the minister might use his or her discretionary and veto powers. What are the criteria? We do not have that information.

Is this really meant to protect the environment, or is it more about protecting the Liberals' interests and making it easier for Liberal supporters to develop their energy projects?

We have no information on this. It is incredibly difficult to get any information, even though the Liberals promised transparency. When debate on a bill is limited to 10 hours, that signals a real problem in terms of transparency, information, and intent. There must be something hidden in the bill. That is problematic.