Bill C-69 (Historical)

An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts

Part 1 enacts the Impact Assessment Act and repeals the Canadian Environmental Assessment Act, 2012. Among other things, the Impact Assessment Act
(a) names the Impact Assessment Agency of Canada as the authority responsible for impact assessments;
(b) provides for a process for assessing the environmental, health, social and economic effects of designated projects with a view to preventing certain adverse effects and fostering sustainability;
(c) prohibits proponents, subject to certain conditions, from carrying out a designated project if the designated project is likely to cause certain environmental, health, social or economic effects, unless the Minister of the Environment or Governor in Council determines that those effects are in the public interest, taking into account the impacts on the rights of the Indigenous peoples of Canada, all effects that may be caused by the carrying out of the project, the extent to which the project contributes to sustainability and other factors;
(d) establishes a planning phase for a possible impact assessment of a designated project, which includes requirements to cooperate with and consult certain persons and entities and requirements with respect to public participation;
(e) authorizes the Minister to refer an impact assessment of a designated project to a review panel if he or she considers it in the public interest to do so, and requires that an impact assessment be referred to a review panel if the designated project includes physical activities that are regulated under the Nuclear Safety and Control Act, the Canadian Energy Regulator Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act;
(f) establishes time limits with respect to the planning phase, to impact assessments and to certain decisions, in order to ensure that impact assessments are conducted in a timely manner;
(g) provides for public participation and for funding to allow the public to participate in a meaningful manner;
(h) sets out the factors to be taken into account in conducting an impact assessment, including the impacts on the rights of the Indigenous peoples of Canada;
(i) provides for cooperation with certain jurisdictions, including Indigenous governing bodies, through the delegation of any part of an impact assessment, the joint establishment of a review panel or the substitution of another process for the impact assessment;
(j) provides for transparency in decision-making by requiring that the scientific and other information taken into account in an impact assessment, as well as the reasons for decisions, be made available to the public through a registry that is accessible via the Internet;
(k) provides that the Minister may set conditions, including with respect to mitigation measures, that must be implemented by the proponent of a designated project;
(l) provides for the assessment of cumulative effects of existing or future activities in a specific region through regional assessments and of federal policies, plans and programs, and of issues, that are relevant to the impact assessment of designated projects through strategic assessments; and
(m) sets out requirements for an assessment of environmental effects of non-designated projects that are on federal lands or that are to be carried out outside Canada.
Part 2 enacts the Canadian Energy Regulator Act, which establishes the Canadian Energy Regulator and sets out its composition, mandate and powers. The role of the Regulator is to regulate the exploitation, development and transportation of energy within Parliament’s jurisdiction.
The Canadian Energy Regulator Act, among other things,
(a) provides for the establishment of a Commission that is responsible for the adjudicative functions of the Regulator;
(b) ensures the safety and security of persons, energy facilities and abandoned facilities and the protection of property and the environment;
(c) provides for the regulation of pipelines, abandoned pipelines, and traffic, tolls and tariffs relating to the transmission of oil or gas through pipelines;
(d) provides for the regulation of international power lines and certain interprovincial power lines;
(e) provides for the regulation of renewable energy projects and power lines in Canada’s offshore;
(f) provides for the regulation of access to lands;
(g) provides for the regulation of the exportation of oil, gas and electricity and the interprovincial oil and gas trade; and
(h) sets out the process the Commission must follow before making, amending or revoking a declaration of a significant discovery or a commercial discovery under the Canada Oil and Gas Operations Act and the process for appealing a decision made by the Chief Conservation Officer or the Chief Safety Officer under that Act.
Part 2 also repeals the National Energy Board Act.
Part 3 amends the Navigation Protection Act to, among other things,
(a) rename it the Canadian Navigable Waters Act;
(b) provide a comprehensive definition of navigable water;
(c) require that, when making a decision under that Act, the Minister must consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada;
(d) require that an owner apply for an approval for a major work in any navigable water if the work may interfere with navigation;
(e)  set out the factors that the Minister must consider when deciding whether to issue an approval;
(f) provide a process for addressing navigation-related concerns when an owner proposes to carry out a work in navigable waters that are not listed in the schedule;
(g) provide the Minister with powers to address obstructions in any navigable water;
(h) amend the criteria and process for adding a reference to a navigable water to the schedule;
(i) require that the Minister establish a registry; and
(j) provide for new measures for the administration and enforcement of the Act.
Part 4 makes consequential amendments to Acts of Parliament and regulations.

Motions in Amendment

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

Mr. Speaker, I have not yet had the opportunity to review my colleague's amendment.

From what she said, it seems to be a very good amendment. However, since I have not had the opportunity to read it, I cannot personally comment on it. I look forward to reading it. If it is an amendment that we deem to be beneficial to Quebec's interests, then we will obviously vote in favour of it.

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

Mr. Speaker, members will hear from this side of the House just how tragic and pathetic this piece of proposed legislation really is.

It is interesting, because the Liberals think they have found a balance. The NDP oppose it for some reasons and we oppose it for others, but typically the reason for the opposition is that it just gives way too much power to the minister, and has way too little transparency and accountability. Not only is this proposed legislation dangerous, and I use that word deliberately, but it is also going to have a very real impact on a large number of people across this country, particularly those who live in areas dependent on resource development.

The Liberals had an opportunity to smooth out the environmental assessment process with this bill, but instead they chose to do the complete opposite. I think there is an intent here to destroy the credibility of the existing EA process in Canada, because the Liberals do not actually want to see resource development carried out. Our Prime Minister will say one thing in Alberta, and as we saw earlier this spring, go to France two days later and apologize for not getting rid of the energy industry soon enough. Therefore, I believe there is an agenda here to complicate this process and to make it basically unmanageable. Then the reality will be that it will not be possible to put in place resource projects across this country. Investors are already basically laughing at Canada and walking away. We saw an article yesterday saying that investors no longer even bother considering Canada as an option to invest in. Therefore, the Liberals are getting their way. The NDP members are getting their way.

The problem with these big government initiatives and socialism, and those of us who live in Saskatchewan understand it, is that it takes a while for the pain to actually begin. It does not happen right away. It is not immediate, but it is profound and long-lasting. The bill before us will have a profoundly long-lasting and negative impact on Canada and our economy.

The bill before us, Bill C-69, is called 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. The main thing it would do is to set up a new impact assessment agency of Canada, replacing some other agencies. That agency will then be the lead on all federal reviews of major projects and would be expected, I guess, to work with other bodies on that.

However, realistically, what will happen here, because of the many things that are being thrown into this mix of what will be called an environmental assessment reality, is that these projects will just not get done. It is interesting, because the bill would add a number of things that need to be considered in an environmental assessment, and things that go far beyond the environment, but it would basically give anyone who has an objection to a project the right to claim there would be some impact on them and that they have a legitimate reason to have the project stopped.

I will talk a little about the process that would take place, because I think when Canadians see it, they will start to understand how disingenuous the government has been with this bill.

If we want to apply for a project, we need to go through an environmental assessment on most things. The Liberals have set up the proposed legislation so that, supposedly, there will be a planning phase of up to a maximum 180 days. This could then go in a couple of directions. It could go to a joint panel, or it could go back to the assessment agency, and there would be some timelines. However, there are a variety of tracks available for it to follow. It could end up at a review panel. The agency itself would oversee the smaller projects and then would have a full review of the larger projects. After a while, when that is done, the agency or panel would submit a recommendation and the minister would have 30 days to approve or reject it.

Well, that sounds pretty straightforward, until we start to look at the actual processes involved in this, and I want to go through three possible tracks. I will probably use most of my time doing this, but it would just point out to Canadians how bizarre this gets and how much interference the minister can play, as the NDP just pointed that out with their last questions.

The minister basically has authority at all levels over these things. The minister can make things go ahead or stop dead, and they can stay stopped if the minister and cabinet decide to do that.

First of all, I will talk about a decision that does not require a joint panel. It does not even require approval by cabinet. Under this proposed legislation, there would be a 180-day planning phase. This is something brand new that the government has thrown in here, which would already put a six-month delay or kind of stop on a project moving ahead. This could be extended by 90 days or it could be extended indefinitely by the minister if someone demanded that. There is no clarity around what that means.

Then there is a 300-day time limit for the impact assessment itself, almost a year, and no surprise, this can be extended by 90 days or indefinitely by cabinet. Timelines are thrown completely out. There is no certainty at all. Why would investors bother getting involved with something like this? And this is the simplest process of the few that are there.

Then there is a 30-day time limit after the minister and cabinet have already been involved at two different levels. It then comes to the minister and cabinet to make the decision. What kind of industry organization or business is going to come forward and put themselves through this when there is absolutely no certainty?

No surprise, that 30-day time limit can be extended by 90 days or it can be extended indefinitely. That is the simplest. A joint panel is not required. Approval by cabinet is not required. At all three levels of planning and working through the process, cabinet has authority to extend the deadline indefinitely or to whatever it chooses to extend it to. A joint panel is not required, and approval by cabinet is not required. Under Bill C-69 the total time should be about 570 days, almost a year and a half, but again, there are several opportunities to extend it.

It starts out again with that 180-day planning phase, which can be extended by 90 days or indefinitely by the minister or cabinet. Then there is a 300-day time limit for the impact assessment itself. The proponent has to get this all done in 300 days, considering all of the different factors that the government has thrown into Bill C-69, and this can be extended by 90 days or indefinitely by the minister or cabinet. Then there is a 90-day limit for cabinet to make a decision and again, this can be extended by 90 days or indefinitely by cabinet.

Those are two tracks.

The third one is a decision that requires a joint panel with a cabinet decision. The time frame on this one is set at 835 days, well over two years, with at least one opportunity to extend it. There are 10 days to start a 45-day screening process, once the decision has been made that this has to go through a joint panel. Then there is 60 days from notice to referring the assessment to the panel. Then there is 24 months from the referral when a decision statement must be issued. This can be extended 90 days by the minister, or indefinitely by cabinet. That actually was the case in the past under the CEAA 2012 method, but under Bill C-69 it would go from that 800 days to 915 days, and there are six opportunities in the bill to extend it.

There is a 180-day planning phase and a 45-day window for the minister to refer an assessment to a panel, and there is no timeline for establishing a panel at all. The panel has to submit a report to the minister within 600 days, another two years down the road, and this can be extended by the minister until anything the panel prescribes is completed, or by 90 days. Cabinet can extend it indefinitely again, and then there is another 90-day timeline for cabinet.

This assessment process that the government has thrown into the bill is basically a game. It is a game that cabinet can play with anybody who wants to apply for a project in Canada.

It is no surprise, as I mentioned before, that people are looking at other places to invest. They are investing in other countries. The Americans right now are making it very clear that they want to become the world's largest energy producer and exporter. They are eating our lunch right now. They are doing things: they are lowering taxes, they are easing the regulatory burden on people, and they are not imposing a massive carbon tax that will raise the price of everything. It is no surprise that money is moving out of Canada and into the United States.

The latest version of that is the Liberal government's decision to pay $5 billion to a Texas-based company to buy a used pipeline, which is going to take another $8 billion to $10 billion at least, and probably more, knowing this government is involved. That money will be given to this project when the proponent initially did not ask for any money.

It is unfortunate that the Liberals do not keep their promises. This is one more that has been broken. They have not fulfilled their commitments. This entire piece of legislation is just meant to hamper the industry's capacity to be able to do resource development in this country. I am sorry it has even come forward. I wish it were set aside. If this legislation is passed, it will not be a good thing for this country.

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

Mr. Speaker, once again we are confronted with one of those issues where the Conservatives think we are doing too much and the NDP think we are not doing enough. I cannot help but wonder, objectively speaking, that if we removed ourselves from all of the partisanship right now, if we would not perhaps think that what the government is proposing is somewhere right around where it should be, and what Canadians expect and want.

I take particular interest in the member's comment on investment in Canada. Yes, despite the fact that the price of oil has gone down and investment throughout the world is suffering as a result, Canada still had a growth rate of 3.1% in 2017 and is on track for approximately 2.5% according to the BDC in 2018.

Could the member not at least admit that maybe things are not as horrible and as nearly catastrophic as the Conservatives are suggesting they are?

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

Mr. Speaker, it is actually hilarious that, as usual, when everyone is against the government, it assumes it has found a good balance, and that is not the case. This is not a balance; it is just a mess. We have heard some varying criticisms from the New Democrats, but we have some common ones too, such as that the bill does not achieve the goals it sets out. It involves the cabinet and the minister in far too many places on far too many occasions. I guess we have concerns for different reasons on that.

The reality is that the Liberals have cost Canada hundreds of billions of dollars in investment. We have talked about $70 billion or $80 billion on the oil and gas side. We know that the Liberals lost a $35-billion Petronas natural gas plant because they could not make a decision about pipelines. The mining industry in this country has basically gone into neutral with respect to applying for projects. There may be one in the approval process right now.

This is not a good thing for Canada. It is not a good thing for resource development. As I mentioned earlier, the socialist policies the member for Kingston and the Islands across the way really loves to espouse are the kinds of things that actually destroy economies eventually and leave people far behind where they should have been in the first place.

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

Mr. Speaker, I want to ask my Conservative colleague a question specifically in the context of the vote we had last week on Bill C-262. I know that the Conservatives did not vote for it, but the important fact is that the Liberals did.

My colleague, the member for Edmonton Strathcona, moved a series of amendments at report stage that seek to bring Bill C-69 in harmony with what the Liberals supported last week on Bill C-262. Does the member have a reasonable expectation that the Liberals would at least remain consistent and support those amendments from the member for Edmonton Strathcona, or are we going to see a flip-flop, where they say one thing and do something completely opposite?

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

Mr. Speaker, it is rare that we see any consistency from the government opposite, except where they are increasing taxes on Canadians, increasing the regulatory burden on industry, and basically dragging the economy down. I guess one of the places that would show up is the carbon tax that is being put in place. The honesty and transparency of the government is really on display when it will not tell us how much that is going to cost. We know it has the numbers in documents, but it has taken a black felt marker and crossed them all out.

In answer to the member's question, we certainly do not expect any consistency from the Liberals. We do not see it in their votes on legislation. We do not see it in their budgets. We do not see it with respect to their keeping the promises they have made in the past.

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

Mr. Speaker, I am happy to rise today to speak in support of Bill C-69. With this bill, our government is meeting our commitment to rebuild public trust and help get Canada's resources to market. In developing Bill C-69, we heard from provinces, territories, indigenous peoples, businesses, environmental groups, and Canadians from coast to coast to coast.

Overwhelmingly, they told us that they want a modern environmental and regulatory system that protects the environment, supports reconciliation with indigenous peoples, attracts investment, and ensures that good projects can go ahead. That is exactly what our government has delivered in introducing this bill.

Through better rules, Bill C-69 would support the responsible development of Canada's natural resources, create good middle-class jobs, and help grow our economy. Measures in this bill would provide more timely and predictable reviews, more certainty for businesses, and more opportunities for partnerships with indigenous peoples.

Today I would like to take a step back. I want to look more closely at the question of public trust. I am going to discuss what it means to rebuild that trust, how this bill would accomplish that, and how the hard work of the Standing Committee on Environment and Sustainable Development has contributed through its careful study of the bill and its thoughtful amendments.

Where there is public trust, proponents, indigenous peoples, stakeholders, and all Canadians can have confidence that major project reviews are based on evidence, including robust science, and indigenous knowledge. It also means that when final decisions are made, Canadians can be assured that those decisions have fully considered the evidence and that they serve the public interest. That is what has been lost under the current rules, and it is what Bill C-69 would restore.

It would do that in a few ways, which I will go on to discuss in more detail. It would do so by clearly setting out in legislation which factors would be considered in reviews of major projects; by ensuring that decisions were made in the public interest, and the reasons for them were communicated; and by ensuring that panels established to conduct project reviews were balanced and included the right people with the right expertise.

I will begin with the factors that would guide major project reviews. Compared with CEAA 2012, Bill C-69 sets out a more comprehensive and complete set of factors for consideration in reviews. While it would provide strong protection for the environment, the bill would expand the scope of reviews beyond the environment alone. Assessments would take a broader view based on sustainability, taking into account a wide range of impacts on the economy, health, indigenous rights, and the community.

Crucially, Bill C-69 would require consideration of a project's impact on indigenous peoples and their rights. In the words of the Prime Minister, “No relationship is more important to Canada than the relationship with Indigenous Peoples.” Considering the rights of indigenous peoples in every review fully aligns with our commitment to achieve reconciliation through a renewed relationship based on the recognition of rights, respect, co-operation, and partnership.

Finally, the bill reflects our government's commitment to effective action on climate change. It would ensure that reviews considered the effects of major projects on Canada's ability to meet our climate change commitments as well as our obligations related to environmental challenges like air quality and biodiversity. That supports our actions to fight carbon pollution, such as working with partners to put a price on pollution that will cut 80 million to 90 million tonnes of GHG emissions by 2022.

That is where we began when our government introduced Bill C-69 in this House in February. Since then, the standing committee has strengthened the bill by adding even more clarity on factors to consider in project reviews and by improving consistency across the legislation.

To highlight just a few of the changes, the committee clarified that both positive and negative impacts must be considered, recognizing that not all effects of major resource projects will be negative. It amended the proposed Canadian energy regulator act to ensure that climate change is considered when making decisions about non-designated projects, including pipelines, power lines, and offshore projects. It improved consistency by requiring that the same set of factors guide the agency's decision on what information and studies are required for a project review, the review itself, and inform the impact assessment report. All these measures would support more predictable reviews, more certainty for industry, and public trust.

Over and over we have heard that a good process means nothing if the decision at the end is opaque and is based on politics, not evidence. When that happens, there can be no public trust. Bill C-69 would do the opposite. It would set up safeguards to ensure that science, indigenous knowledge, and other evidence formed the basis for important decisions on whether major projects would go ahead.

Specifically, following amendments by the standing committee, the bill would require decisions to be based on the assessment report prepared by the impact assessment agency of Canada. Decisions would also need to consider key factors, including the project's contribution to sustainability, meaning its ability to protect the environment and contribute to the social and economic well-being of the people of Canada and preserve their health in a way that benefits present and future generations.

To provide certainty and build trust, public decision statements would need to clearly demonstrate how the assessment report formed the basis for the decision and how those factors were considered. This clarity would benefit all parties: proponents, indigenous peoples, and stakeholders. Through transparency and accountability, it would help ensure that the decisions on projects were made in the public trust.

In terms of further amendments that would improve transparency and help restore trust, the bill would now require that the minister consider any feedback provided by the proponent when deciding whether a decision statement for a project would expire or whether the timeline would be extended. The comments would have to be provided during a time period specified by the impact assessment agency of Canada so that meaningful public participation was assured and balanced with the need for timely assessments.

Last, I want to talk about the safeguards Bill C-69 would provide so that panels set up to review major projects with life-cycle regulators would strike the right balance in their membership. Our government and the standing committee heard from some groups that this is a critical step toward restoring public trust. We recognize that these regulators have long-standing specialized expertise and knowledge. Their participation is essential to ensuring that Canada's resources are developed in a way that protects the environment and grows the economy. We put forward amendments in committee to strike a balance to ensure that review panels also included other voices and perspectives. The bill would require that federal regulators not constitute a majority on the panel. At the same time, regulators would continue to serve on panels and contribute their expertise.

We cannot get Canada's resources to market without public trust. With this bill, we would rebuild that trust by introducing new, fairer processes for project reviews. Bill C-69 would define the needed safeguards so that Canadians could again have confidence that processes were fair and evidence-based, that decisions served the public interest, and that the right projects went forward. As I have described, these measures would include clearly setting out in advance the key factors that would guide major project reviews; requiring evidence-based decision-making; being transparent when final decisions were made so that Canadians would know that the process was being followed, and they could have confidence in the outcome; and ensuring balanced review panels that would bring together diverse expertise and multiple perspectives.

I would like to conclude by once again recognizing the work of the Standing Committee on Environment and Sustainable Development. As a result of its members' insight and dedication, the committee's work has produced an amended bill that would respond to the priorities of indigenous peoples, stakeholders, and Canadians and would further contribute to our goal of restoring the public trust.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Mr. Speaker, the member opposite is from Ontario, and he should know that this bill is exactly what the McGuinty and Wynne Liberals did to the Ontario Energy Board. They totally politicized it. There was a pipeline of communications going between cabinet and that particular body, supposedly a body that was regulating the industry. Everything went the way they wanted it to. Look what happened in Ontario: hydro rates exploded, and now that party is on the verge of non-party status. It is being obliterated. The one common thread between that Ontario government and the current federal government is the Prime Minister's puppet master.

No matter how many billions of dollars they throw into Kinder Morgan, this bill would provide the kill switch. It will not be hydro bills; it will be outrageous and unaffordable gas bills people see at the pumps.

Since the member has turned his back on his constituents, what is he going to do when they turn their backs on him?

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

Mr. Speaker, I guess I should not be surprised by the comments from the member opposite. Everything that comes is fear-based hysterical propaganda. I just find it very surprising that she finds a way to politicize everything and is able to develop another fundraising clip for her Facebook page.

Our government is focused on doing the right thing because it is the right thing to do, and that is ensuring that the economy and the environment go hand in hand. That is exactly what this bill will ensure: that good projects move forward and that we have meaningful public engagement. Of course, the opposite side would not even know what that term means, given what happened in CEAA 2012 with the undemocratic process of pushing it through in a budget bill and not even letting it get to committee.

We have found a balance here that is going to help get our resources to market, while at the same time protecting the public trust and ensuring that our environment is protected as well.

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

Mr. Speaker, one of the gaps in Bill C-69 is that it only requires a consideration of indigenous knowledge in going ahead with these assessments.

The member for Edmonton Strathcona has moved some report stage amendments, specifically Motions Nos. 4, 7, 9, 10, 12, and 13, which seek to bring this bill in harmony with the United Nations Declaration on the Rights of Indigenous Peoples. I checked the vote last week on May 30, and the member for Hastings—Lennox and Addington did vote in support of Bill C-262, which seeks to bring Canadian laws in harmony with the United Nations Declaration on the Rights of Indigenous Peoples.

Will the member be consistent with his vote last week and vote in support of these amendments when they come before the House?

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

Mr. Speaker, I was also on the indigenous committee that studied Bill C-262. I am a very strong supporter of UNDRIP.

I am proud to say that we are the government that for the first time has embedded UNDRIP into a bill, even before UNDRIP was put into effect in this House, by introducing it into Bill C-69 through amendments that the Liberal members of the committee had put forward. I strove to ensure that UNDRIP was included in Bill C-69 even before Bill C-262 has fully passed in this House.

I am very proud of what our government is doing in moving forward with Bill C-262 and I have tremendous respect for the member for the James Bay region and his work on that bill.

[Mark Warawa, Conservative, Langley—Aldergrove, BC]

Mr. Speaker, on a point of order, the member made a comment calling a member in this House “hysterical”. I think the comment was maybe made in haste, and I would ask that the comment be withdrawn.

[The Assistant Deputy Speaker, Anthony Rota]

I will leave it to the hon. member. Do you want to respond to that?

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

The tactics were hysterical.

[The Assistant Deputy Speaker, Anthony Rota]

I have heard a lot of things go back and forth, a lot of things I would love to get up for and stop, but I think we have set a standard. Unfortunately, I am not sure that is quite over the line. He did clarify a little. I would suggest that maybe the two members could talk to each other after the session and maybe iron things out.

Questions and comments.