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.

Budget Implementation Act, 2018, No. 2

[Shannon Stubbs, Conservative, Lakeland, AB]

Mr. Speaker, the Liberals are drowning Canadian job creators in red tape and tax hikes. Whether it is the carbon tax, small business tax hikes or the many cancelled tax credits and deductions, the Liberals are driving businesses out of Canada and killing Canadian jobs, hurting workers and middle-class families across the country.

Every other day major oil and gas companies cancel future projects, stop expansions or completely sell their Canadian businesses and take their money to other countries. It is a crisis, and it is not a result of external factors beyond the government's control. In fact, it is a direct consequence of the Liberals' message to Canadians and the world that Canada is closed for business because of the Liberals' added red tape and imposed cost increases.

Context is important. The energy sector is the biggest private sector investor and accounts for over 11% of the value of Canada's economy. To put this in perspective, it contributes twice as much as agriculture and fisheries combined, sectors in which farmers and fishermen also often have jobs in oil and gas. It contributes more than the banking and finance sector and more than the auto sector. The benefits are shared across Canada. Every one job in the oil sands creates seven manufacturing jobs in Ontario. Every one upstream oil and gas job in Alberta creates five jobs in other sectors, in other provinces.

However, spending in Canada's oil and gas sector declined 56% over three years, from $81 billion in 2014 to $45 billion in 2017. More money has left Canada's oil and gas sector since the 2015 election than at any other comparable time period in more than 70 years. The equivalent value would be losing 75% of auto manufacturing in Canada, or almost the entirety of the aerospace sector in Canada, something no one rightfully would accept.

The biggest beneficiary is the U.S. where spending in oil and gas increased 38% to $120 billion in 2017. Today, U.S. investment in Canada is down by more than half. Canadian investment in the U.S. is up by two-thirds. The consequences of these losses are hundreds of thousands of Canadians out of work and less revenue for core social programs and services at every level of government in every single province.

Over 115,000 Albertans are out of work and not receiving any employment insurance assistance right now and tens of thousands more have lost their jobs. The Liberals' anti-energy agenda is clearly both hindering the private sector from being able to provide well-paying jobs, but it is also risking the life savings of many Canadians.

Oil and gas companies are a big part of most people's pension plans, and whether through employer provided defined contribution plans or personal investments in mutual funds, chances are that most Canadians are invested in oil and gas. When oil and gas companies leave Canada, the value of those investments in Canada drops, reducing the value of everyone's retirement savings. Now CPP and the Ontario teachers' pension plan are also investing in the United States.

I want to highlight an aspect of this legislation that will compound uncertainty and challenges for Canadian oil and gas proponents. On page 589, in the very last chapter of this 840-page omnibus bill, clause 692 implements sweeping new powers for the federal cabinet to impose regulations on marine transport. Included in these powers is the ability to pass regulations:

(j) respecting compulsory routes and recommended routes;

(k) regulating or prohibiting the operation, navigation, anchoring, mooring or berthing of vessels or classes of vessels; and

(l) regulating or prohibiting the loading or unloading of a vessel or a class of vessels.

This means the Liberal cabinet can block any class of tanker from any route leaving Canada or from docking at any port the Liberals choose. In Bill C-48, oil tankers of a certain size will be prevented from travelling and from the loading and off-loading of crude at ports only off the northern coast of B.C.

This legislation, Bill C-86, would be a dramatic expansion, giving the Liberal cabinet the power to block oil exports from any port anywhere in Canada or to block oil tankers in general from entering Canadian waters. Places like the Arctic could lose access to the fuel tankers that keep power on during the winter. Offshore oil and gas development in Atlantic Canada could be blocked overnight. That is alarming in itself, and it gets worse.

This legislation authorizes a single minister to be able to make legally binding changes to these regulations for a year at a time and even up to three years, regarding “compulsory routes” and “prohibiting the operation, navigation, anchoring, mooring or berthing of vessels or classes of vessels”. One minister with one stroke of a pen can shut down an entire industry with wide-ranging impacts.

This is a pattern. The Liberals repeatedly demonstrate their hostility to the oil and gas sector in Canada. The Prime Minister of course said that he wants to phase out the oil sands, and Canadians should believe him. He defended the use of tax dollars for summer jobs to stop the Trans Mountain expansion. The Liberals removed the tax credit for new exploration oil drilling at the very worst time.

Also, many Liberal MPs ran in the last election opposing the export of Canada's oil to the world. Since they formed government, the Liberals have used every tool at their disposal to kill energy sector jobs.

Canada is the only top 10 oil-producing country in the world, let alone in North America, to impose a carbon tax on itself. While there are significant exemptions for major industrial emitters, it will hike costs for operations across the value chain, and certainly for the 80% of Canadian service and supply companies that are small businesses. Moreover, individual contractors will still have to pay it.

The proposed clean fuel standards—which would be unprecedented globally because they would be applied to buildings and facilities, not just to transportation fuel—will cost integrated oil and gas companies as well as refining and petrochemical development in Canada hundreds of millions of dollars. Canada is literally the most environmentally and socially responsible producer of oil and gas in the world, oil and gas that the world will continue to demand for decades. We are falling dramatically behind the United States and other countries for regulatory efficiency and clarity.

The Liberals imposed the tanker ban, with no substantial economic, safety, or environmental assessments and no real consultation, and a ban on offshore drilling in the north against the wishes of the premier of the Northwest Territories.

The Prime Minister vetoed outright the northern gateway pipeline and then intervened to kill energy east with delays, rule changes and a last-minute double standard. Now, the Liberals' failures have driven Kinder Morgan out of Canada. Construction of the Trans Mountain expansion has never started in the two years since the Liberals approved it, and they have repeatedly kicked the can down the road for months. The consequence is that crude oil is now being shipped by rail and truck at record levels, negatively impacting other sectors like agriculture, manufacturing and retail.

The Liberals would add uncertainty and great expense for any resource project that has even a ditch on its property, by subjecting all water to the navigable waters regulatory regime in Bill C-68. Moreover, their “no more pipelines” Bill C-69 would block any future pipelines and therefore stop major oil and gas projects from being built in Canada.

Kinder Morgan is now going to take all of that $4.5 billion in Canadian tax dollars the Liberals spent on the existing pipeline and will use it to build pipelines in the United States, Canada's biggest energy competitor and customer. The consequences are that large companies are pulling out of Canada and investing in the U.S. or elsewhere.

Encana, a made in Canada success story, is selling Canadian assets to buy into projects in the United States. Gwyn Morgan, its founder, did not mince words. He said:

I’m deeply saddened that, as a result of the disastrous policies of the [Liberal] government, what was once the largest Canadian-headquartered energy producer now sees both its CEO and the core of its asset base located in the U.S.

It is estimated that the Liberal failure to get pipelines built is forcing Canadian oil to sell for $100 million dollars less a day than what it should be worth. That is $100 million dollars a day that is not providing for middle-class families, that is not fuelling small businesses, and not generating taxes to pay off the out-of-control Liberal deficit.

RBC recently reported that in 2008, taxes generated by oil and gas were worth $35 billion a year for provincial and federal governments. That is now down to almost $10 billion a year in 2016. That is more than $20 billion a year that could have gone to health care and education or to cover old age security costs, or be invested in building bridges and roads. Of course, the Liberals promised a deficit of only $10 billion a year and that the budget would be balanced by 2019, but none of that is anywhere in sight. They choose to spend recklessly: millions of dollars on perks like renovations for ministers' offices, a $5 million hockey rink on Parliament Hill that operated for a couple of months, or $26 million for vehicles. Never mind the billions of dollars spent outside Canada, building oil and gas pipelines in Asia with Canadian tax dollars or funding groups linked to anti-Semitism and terrorism.

Never has a government spent so much and achieved so little. The end result is Canada is trapped in a debt spiral. The ones who are going to pay for these deficits are millennials and their children, and it makes life less affordable today while federal government debt increases interest rates across the board. That poses significant risks to Canada and leaves us utterly unprepared for a global economic recession or worldwide factors that the government cannot control, unlike the Liberals' damaging policies. Future generations will find that their governments cannot afford services or programs they are counting on, and their governments will be in a trap of borrowing and hiking taxes. That is why Conservatives advocate balanced budgets, because it is the only responsible thing to do for Canada's children and grandchildren.

The out-sized contributions of the energy sector to the whole country's economy and to government revenue is also why the future of energy development in Canada is one of the most important domestic economic questions facing all of us. That is what makes the Liberal layering of red tape and costs on Canadian energy so unconscionable, and the consequences so devastating for all of Canada.

Alberta

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

Madam Speaker, driving to work in Calgary this morning, these are the stories we hear on the radio. We hear about the impact of the Trans Mountain pipeline delay on the local economy. We hear about how Bill C-69 is killing investment in the energy sector. We hear about how the price differential for oil is killing the energy sector. We hear about stagnant wage growth in the city, and we hear about high unemployment numbers that are continuing.

My constituents and my province need the government to immediately kill Bill C-69. This is a key determinant of investment fleeing the province, and it needs to stop today. It needs to invoke paragraph 92.10(c) of the Constitution to ensure that the Trans Mountain pipeline is completely within federal jurisdiction, and it needs to scrap the carbon tax. Most importantly, the government needs to stop treating Alberta like a colony, whose only purpose is to be milked for equalization payments.

Budget Implementation Act, 2018, No. 2

[Erin O'Toole, Conservative, Durham, ON]

Mr. Speaker, it is always a pleasure to follow the dean of our caucus, the longest-serving member for Calgary Forest Lawn, who has been outraged on a few occasions by Liberal mismanagement of the economy. That is what I am going to spend a few minutes on in my remarks today on Bill C-86, the budget implementation act. There are a few aspects I am going to go through that should concern all Canadians, the biggest of which is the uncompetitiveness of our economy and how we are not ready for a global downturn. Many of the decisions of the government are putting us on a very precarious footing ahead of what could be uncertain times.

I have concerns related to the record debt levels under the current government and record deficits in a time of positive economic growth. I have called the Liberal track record on debt and deficits the Liberal double-double. Most Canadians are seeing the cost of their double-double going up, when they think of Tim Hortons. The Liberal double-double is deficits and debt. What is crazy about it is that it is being fuelled even with a roaring economy and despite the fact that Liberals are raising taxes countless times, making us uncompetitive. They are taking more money from Canadians and yet still cannot balance the budget.

Because this is a budget implementation bill and because my friend from Winnipeg North, the deputy House leader of the Liberal Party, is here, I want to remind him of the fact that when he says things in the House, they will come back to haunt him. I have mentioned many occasions in the previous government when, as a Liberal opposition member, he would almost howl at the moon. It is the day after Halloween. He would howl about the use of time allocation or omnibus legislation. He called them assaults on democracy several times. He has given me so much material.

I want to keep the member for Winnipeg North on his toes, so I am choosing a quote from this Parliament with respect to his comments. As a government member, he said this, on June 5, 2017, “Member after member has talked about this particular bill being an omnibus bill. Again, when I was standing up and the member made reference to some of my quotes, they were not 300-page documents, they were more like 600-page or 900-page documents, which affected laws that had nothing to do with the budget.” I thank him. This budget implementation bill is 850 pages, so it fits right in the sweet spot that he said was outrageous with the previous government. In fact, it is at the upper range of the outrageous levels he even talked about earlier in this Parliament. It is amazing. This bill is chock full of things that have nothing to do with the budget.

The Liberal member for Sackville—Preston—Chezzetcook quoted the veteran ID card that I announced as minister, the extension of the NDI 75 card and making sure that all veterans got it, not just those serving after 10 years. I was proud to make that announcement in Fredericton alongside my good friend from the Canadian Armed Forces and Royal Military College, Brian MacDonald. He was an MLA in New Brunswick and I thank him for his service in uniform and in the assembly in New Brunswick. We announced that. I was there. I can send the minister the picture of the cards we were holding up. That is in the budget implementation bill.

When the member for Winnipeg North rises to ask me a question or make a comment, which he is likely to do, statistics show he likely will, I would like him to apologize to the chamber for feigned outrage in this place over the very type of omnibus legislation he is now being tasked by Mr. Butts in the Prime Minister's Office to defend. Even at 850-plus pages, it is at the outer range of what he said was clearly unacceptable.

Beyond that, let me go back to the double-double of the Liberal Party: the debt and deficits. There is $60 billion of debt accumulated by the government in good economic times in three years. In a positive economy, where there is economic growth, that is a Canadian record. Liberals should not be proud of that record, because that debt and the deficits they are running on an annual basis are future taxes for my children.

They are spending recklessly at a time when they should be putting some away for the clouds looming on the horizon. They are not, and virtually none of it was the infrastructure money they promised.

Members will recall, in the last election, when the member for Papineau changed his fundamental economic views halfway through an election to outfox the NDP. He started the election saying that they are the party of Paul Martin and balanced budgets. Midway through, he said they were going to run deficits, but Canadians were not to worry because it would be no more than $10 billion and they would be in balance by 2019. All of that was out the window within three months. The Liberals have run deficits in the $20 billion or $20 billion-plus range every single year.

What is more egregious is they received $20 billion last year in extra revenues because the economy is strong because the Conservative Party put the economy on a footing such that when the American economy recovered, which it has, we would be booming again. Therefore, when the Liberals quote how Canada's growth was tepid during the global recession, they should go and see how our G7 allies were doing. We were the only one with a balanced budget, the only one that balanced our budget without raising taxes. We lowered taxes. Even the tax reduction of the small business rate that we had planned to 9%, the Liberals cancelled at first. Now they praise it, as they are returning it to a level we had pledged it to go to back in 2014.

It is almost comical to hear members of the Liberal Party talk about the budget, competitiveness and deficits. Their policy and the underlying philosophy change by the moment, all based on opportunity for a photograph and the hope that they can grow the economy from the heart outward. Do members remember that one? The Liberals said that the budget will balance itself and that they will grow the economy from the heart outward. They can tell that to the Alberta oil patch workers or the engineers or geologists who are out of work, or property companies that now see high vacancy rates in Alberta because the Liberals have botched the resource economy.

In fact, the Canadians they failed the most in the resource economy are our indigenous peoples. The northern gateway pipeline was a one-third owned pipeline. Our country has a commitment to make sure first nations and Inuit play a role in our economy and benefit directly, and they would have benefited with northern gateway. The Liberals cancelled that on a whim and brought in Bill C-69, which led to the cancellation of energy east, and then they were forced to buy Trans Mountain when the company was leaving Canada because we are not competitive.

In fact, Jack Mintz, the leading tax authority in Canada, warned of a “competitive tsunami” because in three years, while racking up $60 billion in debt for our children and grandchildren, the Liberals have raised taxes on everyone. They have raised personal income taxes, corporate income taxes and payroll taxes and they have introduced a carbon tax, all in the middle of good economic times. In the last year, the United States has been going in the opposite direction. This is why there is a competitive risk. It is all due to the Liberals' mismanagement of the economy.

People are not to just believe me or Jack Mintz. Douglas Porter, the chief economist of BMO, the Bank of Montreal, said, “I think Canada has a very weak competitive position. I think we're going to get crushed in the next recession”. Crushed, because they have squandered the opportunity of good times. The Liberals have put us on an uncompetitive footing so that our small businesses are going to be paying a carbon tax that the Liberals are omitting large emitters from. They are making suburban commuters in Whitby, Ajax, Pickering, Uxbridge and Peterborough pay for their schemes that the parliamentary secretary acknowledged will make businesses uncompetitive, and will not lower emissions.

The very fact that our future competitiveness is hanging in the balance should concern Canadians. It should also concern them that this budget bill does not address the underpinnings of that competitive disadvantage and of our problems getting projects like pipelines done. I would like the Liberals to stand in this House and put forward a plan to get our resources to market.

[Deepak Obhrai, Conservative, Calgary Forest Lawn, AB]

Mr. Speaker, my colleague raises a good point. We were there only a week ago. The oil industry and even the NDP Government of Alberta have said that Bill C-69 is a disaster for the country. We are talking about the NDP government, so does that not tell the current government that its Bill C-69 is an absolute disaster for this country? Those regulations would stifle the energy sector in this country.

[Robert Sopuck, Conservative, Dauphin—Swan River—Neepawa, MB]

Mr. Speaker, to my friend from Winnipeg North, I had the honour of working in the oil sands prior to my time in Parliament, and it was just a hive of economic activity. I have heard now that the camps in the region I was working in are all closed and employment is way down.

I was on the environment committee when Bill C-69 was debated, and I thank my hon. colleague for bringing up the regulatory process. In fact, that bill is shutting down the Canadian economy right now. The resource industry is 20% of the Canadian economy and a big part of most pension funds. That is what the people across the way forget. Senior citizens, pensioners, investment funds all rely on the oil sands and the energy industry.

In the testimony in Bill C-69, Chris Bloomer from the Canadian Energy Pipeline Association said that Canada has a “toxic regulatory environment”, and that is why investment in this country is declining.

Can my friend from Calgary Forest Lawn talk about the effects of the regulatory environment on the Alberta energy industry and the ripple effect across the country?

Natural Resources

[Paul Lefebvre, Liberal, Parliamentary Secretary to the Minister of Natural Resources]

Mr. Speaker, after 10 years of inaction under the Harper Conservatives, 99% of our oil exports were still sold to the United States. They do not even want to negotiate with our first nations. They have no respect for the environment. We will take no lessons from them on how to move our major projects forward.

Bill C-69 provides a path forward and the certainty that business owners need. The mining sector is on board. The forestry sector is on board. We must move forward responsibly.

[Shannon Stubbs, Conservative, Lakeland, AB]

Mr. Speaker, under the Conservatives, four major new pipelines with access to new markets were approved and built with no tax dollars. These Liberals have already killed two export pipelines. Their failures have not added a single new centimetre, and their Bill C-69 will ensure there will be none in the future.

Thirty-five indigenous communities now join provinces and industry to oppose the Liberals' “no more pipelines” Bill C-69. They say “it will have an enormous and devastating impact on the ability of First Nations to cultivate or develop economic development opportunities in their traditional territories”.

Will the Liberals scrap Bill C-69?

Alleged Premature Disclosure of Immigration Levels Plan

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

Madam Speaker, in relation to the question of privilege I raised earlier today. I have some important additional information that I would like to put on the record.

I want to put on the record an email exchange I had with a reporter today. This exchange began at approximately 3:20 p.m. It is in regard to the immigration levels plan that was tabled by the minister at approximately 4 p.m. today.

The exchange began with, “Hi there, I'm hoping to connect with [the member for Calgary Nose Hill] this afternoon to get her reaction to the government's new levels plan numbers and also to the fact the CBSA has been asked to step up its removals. Could she give me a call.” I responded with “Were the levels tabled today? I must have missed it.”

The exchange said, “Sorry no, but they will be. It would have happened by now but for this point of order. Just looking to set up a quick interview for after they are tabled.” I responded with, “Do you have a copy? I am happy to comment, but it would help to see them first.”

In addition to this email exchange, there was a follow-up phone conversation between my staff and the reporter, which occurred at 3:45 p.m., and again the minister tabled the levels plan at 4:00 p.m. This is a first draft transcription.

The reporter said, “I did just did get a little bit of a heads-up on what they were so that I could have something ready to move on the wire when it is tabled just in case.” My assistant said, “Oh okay I see.” “So that's where I was expecting that it would have been tabled by now but there's a point of order that obviously is taking up more time than usual.” My assistant said, “Okay I guess I will have to flip on the House in a second here but I'm so—okay, do you have some of the information and we're just kind of waiting now to see when they'll table it I guess.” Then the reporter said, “It's just kind of a continuation of what they did last year, like a three-year plan and it will go up to 350,000 in 2021.” I will note that a story was published that included details on the levels plan at 4:30 p.m. today.

I am also happy to provide the Speaker with copies of this information, if he so requests.

As you know, Madam Speaker, there is no provision for information to be given to journalists ahead of a member of Parliament and there are numerous precedents, particularly in regard to legislation. I will give one example. On April 19, 2016, the Speaker found a prima facie case of privilege after the leader of the opposition pointed out that specific and detailed information contained in Bill C-14 was given to the media ahead of the House and members of Parliament.

During that discussion, Speaker Milliken's ruling was referenced of March 19, 2001, when he said, “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 that 2001 case, my former colleague, Vic Toews, was called by a reporter for comment on a bill not yet tabled. He was embarrassed by the exchange. The facts in that scenario are identical to this situation. Again I would point out that this was business that was put in front of the House this afternoon with regard to the levels plan.

My colleague, the member for Milton, was also recently questioned by a reporter over information the journalist was given, but she was denied. The Speaker is still deliberating on that matter. Today, I have been put in that same position.

We have had two other rulings by the Speaker recently that I believe are relevant. On March 20, following a complaint from the hon. member for Abbotsford that the media and stakeholders received a briefing five hours before members on Bill C-69, an omnibus bill of 377 pages, this was the Speaker's comment on the matter, “there is a rightful expectation that those responsible for the information should do their utmost to ensure members’ access to it. Not respecting this expectation does a disservice to all. It is particularly disconcerting when the government gives priority to the media over the members of Parliament.”

Only one month later, on April 17, the hon. member for Niagara Falls brought to the Speaker's attention evidence that the CBC received information on Bill C-75 ahead of members, allowing it to post an article online only eight minutes after the bill was introduced. What the government did to the member for Niagara Falls with Bill C-75 I believe I have evidence that it has done the same thing to me, but concrete evidence that this was done ahead of it being tabled in the House of Commons with respect to the information contained in the levels plan tabled by the minister today. In the Speaker's ruling on this matter on May 7, 2018, the Speaker indicated how troubled he was that some of the members had an experience of feeling disadvantaged in their ability to fulfill their duties and that members should never have to even so much as wonder if they were not the first to receive the information from the government.

I have one final point. Given this pattern of the government on this matter and given that leaking information to the media has become part of its routine communication strategy, there comes a time, particularly when a government persists in behaviour that has caught the attention of the Speaker much too often, as I have just laid out, that another warning will not be good enough. Sometimes members deserve to be given the benefit of the doubt when they feel that their privileges have been breached. In this situation, I am again happy to provide concrete proof of the information that I have put on the record today.

There are precedents for this that I would like to offer the Speaker. In Maingot, second edition, Parliamentary Privilege in Canada, page 227, he states:

In the final analysis, in areas of doubt, the Speaker asks simply:

Does the act complained of appear at first sight to be a breach of privilege...or to put it shortly, has the Member an arguable point? If the Speaker feels any doubt on the question, he should...leave it to the House.

In a ruling of October 24, 1966, at page 9005 of Debates, the Speaker said:

In considering this matter I ask myself, what is the duty of the Speaker in cases of doubt? If we take into consideration that at the moment the Speaker is not asked to render a decision as to whether or not the article complained of constitutes a breach of privilege...considering also the Speaker is the guardian of the rules, right and privileges of the house and of its members and that he cannot deprive them of such privileges when there is uncertainty in his mind...I think at this preliminary stage of the proceedings the doubt which I have in my mind should be interpreted to the benefit of the member.

I am not being critical of the journalists in this regard, because I believe they were just doing their job. The problem I have is the minister tabled this afternoon a 43-page document. I am the shadow minister for citizenship and immigration. Immigration is a topic of great concern and consternation in the public at this point of time. The minister tabled a 43-page document. The media was given an advance copy of the information contained in the document and then I was asked for comment.

I understand that some members of the media might feel like this is routine proceedings, that somehow they should be given information so they can put a story out and be newsy. I would argue that it is the opposite. It is the job of the media to respond to deliberations of Parliament and that my right as a parliamentarian with respect to being able to digest and critically evaluate information that is put in front of the House supersedes the government wanting to have a positive communications strategy or any journalist wanting to sell a paper.

This is also something journalists should be asking themselves in terms of standards. Is it right to be publishing stories on a 43-page document and asking for comments when clearly they have had the information and a member of Parliament whose task is critically evaluating it and providing comment on it does not? I would argue no.

However, going back to my point of privilege. There is no manner by which any of our rules give journalists the right to have information prior to a member of Parliament. Therefore, I ask you, Madam Speaker, to find a prima facie case of privilege. I would ask, in your ruling, to understand how one can provide comment on a 43-page document on detailed immigration policy that affects the number of people that Canada will allow into this country and under what assumption when the journalists already have this. Why should they be given the right to review that information when I am not? That is wrong.

Therefore, I ask you to find a prima facie case of privilege, Madam Speaker. I believe it is there. Should you find such, I would be prepared to move the appropriate motion.

Natural Resources

[Justin Trudeau, Liberal, Prime Minister]

Mr. Speaker, for 10 years, the Conservatives tried in vain to get our resources to new markets other than the United States. They were unsuccessful, because they refused to understand that getting new projects built required partnership with indigenous peoples, defence and protection of environmental science and thoughtfully working with businesses to give them the certainty they needed to move forward.

That is exactly what we are doing in Bill C-69. We are demonstrating that we understand, the way we were able to with LNG Canada, to get things—

[Shannon Stubbs, Conservative, Lakeland, AB]

Mr. Speaker, the Prime Minister promised “a true partnership between the federal government and the provinces.”

Alberta, Saskatchewan and Ontario oppose Bill C-69. The Premier of Ontario says that Bill C-69 holds back natural resource development for the whole country and that Bill C-69 is the worst possible news, at the worst time, for Canada's energy industry. He is right.

Will the Prime Minister listen to Premier Ford, Premier Moe and his good friend, Premier Notley, and kill his no more pipelines bill, Bill C-69?

[Matt DeCourcey, Liberal, Parliamentary Secretary to the Minister of Immigration]

Mr. Speaker, I thank my colleague from Drummond. I want to assure him, all members of the House and all Canadians watching on television that our government is determined to develop the abundant resources of our country in the right way, namely by investing significant amounts in clean technology and a greener future; by advancing reconciliation with indigenous peoples and strengthening environmental performance; and by moving forward with good resource projects, in a timely, responsible and transparent manner and with the confidence of Canadians and investors. That is what we have been working on since we took office in November 2015.

That is why we took a leadership role in forging the Paris Agreement on climate change.

That is why we quickly implemented an interim strategy for reviewing new resource projects already in the queue.

That is why we met with the provinces and territories and consulted indigenous leaders to draft the pan-Canadian framework on clean growth and climate change.

That is why we introduced Bill C-69.

That is why we are holding consultations on a framework to recognize and implement indigenous rights.

We want to build a Canada that works for everyone; a Canada that creates good jobs, grows our economy and expands our middle class; a Canada that develops its resources sustainably and competitively; a Canada that leads the global transition to a low-carbon economy.

The Trans Mountain expansion project has been part of that very vision. Part of our plan for using this time of transition to Canada's advantage is by building infrastructure we need to move our resources to new markets at fair prices, and using the revenues they generate to invest in our clean energy future. It is a matter of doing the hard work necessary to move forward in the right way.

That is why we are also following the direction provided by the Federal Court of Appeal on August 30 in its decision on the TMX project. We are doing so by instructing the National Energy Board to reconsider its recommendation and to take into account the environmental impacts of marine shipping related to this project. We are doing so by relaunching our government's phase three consultations with indigenous groups affected by this project.

Regarding the member's question about the future of the energy east project, I think he may be a bit confused. We cannot speak for TransCanada, the company which owns the project, nor can we make any guarantees on its behalf one way or the other.

What I can say, however, is that this government will always support good resource projects by creating good sustainable jobs in Quebec and across the country. That is how we will create an inclusive, sustainable and prosperous future for all Canadians.

Canada-Israel Free Trade Agreement Implementation Act

[Dean Allison, Conservative, Niagara West, ON]

Madam Speaker, I also want to extend my condolences, sympathies and utter outrage at what happened to the Jewish community in Pittsburgh. My heart goes out to those in Pittsburgh and to the greater Jewish community. It is absolutely reprehensible that anyone would come into a place of worship, a place so sacred, and do what happened. This was a very heinous crime. I just want them to know that they have our support here on this side of the House, as has been mentioned by all members in the House today.

I want to start by saying that the Conservatives will support Bill C-85, the modernized Canada-Israel Free Trade Agreement. This agreement was overwhelmingly negotiated by our former Conservative government. In October 2011, we began the consultation with Canadians. In January 2014, Prime Minister Harper and Prime Minister Netanyahu announced the launch of the CIFTA negotiations. In July 2015, Canada and Israel announced the successful conclusion of the revised agreement.

Amendments to the original deal included four updated chapters: dispute settlement, good market access, governance and rules of origin. The agreement also added seven new chapters: e-commerce, environment, intellectual property, labour, sanitary and phytosanitary measures, technical barriers to trade, and trade facilitation.

The modernized CIFTA breaks down many old barriers. It creates new export opportunities for Canadian agriculture and agri-food. It creates new opportunities for our fish and seafood companies in the Israeli market. As members can see, we are very proud to have been the main drivers of this agreement.

Israel is our closest partner in the region and also the only democracy in the region. Israel's economy is a very modern and advanced one. Our two countries enjoy an excellent commercial relationship. Since the original agreement came into force over 20 years ago, trade between our two countries has tripled, totalling $1.7 billion in 2017.

Israel's market has a lot of potential and offers many opportunities for our Canadian businesses. Israel is also placed in a very economically strategic region in the Middle East. With one of the best educated populations in the world, a solid industrial and scientific base, and abundant natural resources, specifically in the agricultural and agri-tech sectors, Israel makes for a great partner in trade.

It is also important to mention that this agreement will further strengthen Canada's support for Israel, which should be very important to all of us. As we bring Canada and Israel closer through this trade deal, we begin to see a very positive pattern for Conservatives when it comes to negotiating free trade deals, a pattern of Conservative-negotiated agreements.

Conservatives negotiated the original NAFTA, the Trans Pacific Partnership Agreement, CETA with the Europeans, and now the modernization of CIFTA. The biggest free trade agreements were done under Conservative governments. We are very proud of that.

We are also very proud of the member for Abbotsford, who worked tirelessly to complete the negotiations on CIFTA, the TPP, and CETA. I have tremendous respect for him on a personal level, and of course, as the former international trade minister.

I have to say that although this agreement will likely pass without much delay, there is a greater concern Canadians have with the Liberal government when it comes to the economy. That concern is about competitiveness.

Canadians are worried that the Prime Minister and the Liberals are making our economy uncompetitive. While our neighbours to the south are cutting corporate taxes and getting rid of massive amounts of burdensome red tape, the Prime Minister keeps raising taxes and adding more red tape to everything he touches. He is raising taxes everywhere he can. He is putting in ridiculous regulations and massive roadblocks that serve to kill pipeline construction and many of its offshoot jobs.

This is no secret. In fact, he admits it every day in question period and every time he speaks around the country. He just sugar-coats it, smiles for the cameras, and relies on his pals in the media to sell it.

Let us take the carbon tax as an example. Last week, the Prime Minister announced that he will be forcing Canadians living in Ontario, Manitoba, Saskatchewan, and New Brunswick to pay his carbon tax. While he claims that he will return 90% of all the money he collects, Conservatives know that the Prime Minister and his Liberals are simply looking for more ways to sustain this massive debt and out-of-control deficits.

Unless large and developing countries reduce their greenhouse gas emissions, global emissions will not decrease. Let me repeat that one more time: Unless large and developing countries reduce their greenhouse gas emissions, global emissions will not decrease. The Prime Minister's carbon tax will not save the environment. It will only hurt Canada's economy, Canada's small businesses, and Canadian families.

Canadians are not fooled by the carbon tax. They know the Prime Minister's carbon tax is a tax plan dressed up like an emissions plan. Canadians see it for what it is, another tax or an election gimmick. Only the Liberals could argue that a new tax will mean money in our pockets while also reducing greenhouse gas emissions.

To make matters worse, the Prime Minister is personally withholding documents that show the true cost of the carbon tax, both for families and businesses. The reality is that the Prime Minister's carbon tax will make everything more expensive, from driving to work to feeding our families to filling our gas tanks. Canadians will see through this election gimmick, and we will hold the government and the Prime Minister to account for it.

I know the Liberals will keep on repeating the same old tired message they have been repeating, a message that asks for our plan. I would like to be very clear. The Liberals do not have an environment plan. They have a tax plan, an election gimmick. It is another tax. It is nothing more. However, they have no plan to lower emissions. We believe that it is more important to arrive at a plan that will actually reduce global emissions, and that takes time to carefully consider. I would also like to be very clear that we will be unveiling a detailed and comprehensive environmental plan before the next election.

On top of taxing Canadians more through the carbon tax, the Prime Minister and the Liberals are working against Canadian jobs in the oil and gas sector, making our economy even more uncompetitive.

The Liberals have no plan to get the Trans Mountain expansion built. Thousands of workers have already lost their jobs because of the Prime Minister's failure to get any pipelines built. Canadians have lost their jobs because of the Liberals' damaging anti-energy policies. This cannot continue. The Liberals' anti-energy policies have driven more than $100 billion of investment out of Canada in the last two years. Talk about being uncompetitive; this is totally unacceptable.

The Federal Court of Appeal gave the Liberals clear direction to address their failure to properly consult with indigenous communities on the Trans Mountain expansion. However, instead of following those directions, the Liberals announced that they will launch another process, with no timeline, that will only further delay construction.

Canadian families cannot wait until next year for a plan. For the workers and communities affected by the Prime Minister's failure, every day counts. Getting the Trans Mountain expansion built should be the Prime Minister's top priority. What exactly is going on? He spent nearly $4.5 billion of taxpayers' money on the existing pipeline and still cannot tell workers when construction will start, how much it will cost or when it will be completed. The pipeline is crucial for workers across Canada, including the 43 first nation communities that have benefit agreements worth over $400 million, which now hang in the balance.

It seems like the Prime Minister is doing everything he can to phase out our energy sector. We just have to look at Bill C-69. This Liberal bill would again fail Canadian workers and the Canadian resource sector, making us even more uncompetitive. It would kill future resource development, drive jobs and investment out of the country and do nothing to enhance environmental protection.

Before the current Prime Minister became the Prime Minister , there were three private companies willing to invest more than $30 billion to build three nation-building pipelines that would have created tens of thousands of jobs and generated billions in economic activity. The Prime Minister killed two of them and put the Trans Mountain expansion on life support. Bill C-69 would block all future pipelines.

When the Prime Minister says he wants to phase out the oil sands, Canadians should believe him. In the last two years, over $100 billion of investment in the energy sector has been cancelled by the Liberal government. Over 100,000 good-paying, high-quality jobs in the resource sector have been lost. Under the current Prime Minister, energy investment in Canada has seen its biggest decline in over 70 years. Now the Bank of Canada predicts no new energy investment in Canada until after 2019.

The current Liberal government seems incapable of doing anything but raising taxes, creating red tape, and getting in the way of the energy sector. Our country's competitiveness is at stake, and the Liberals do not seem to care.

Yes, walking completed Conservative free trade agreements across the finish line is a good thing. They seem to be doing that, and we appreciate it. Whether it is the TPP, CETA or the modernized CIFTA, the government seems to understand the value of the free trade agreements that we, the Conservatives, helped arrange and worked on. However, it is important to understand that unless the Liberals stop raising taxes and creating out-of-control regulatory burdens, we will not be able to produce anything to trade with anyone. There needs to be a shift in thinking on the part of this anti-energy government. We hope this shift will start soon.

Let us hope that the modernized CIFTA is the beginning of some pragmatic thinking for the Liberals. CIFTA was a great achievement when concluded by our former Conservative government, and it is still very much worthy of supporting now.

As great friends of Israel, my Conservative colleagues and I will be supporting this agreement when it comes to a vote later.

Criminal Code

[Mel Arnold, Conservative, North Okanagan—Shuswap, BC]

Mr. Speaker, it is an honour to rise today to speak to Bill C-84. I would first like to mention that I will be sharing my time with the member for Markham—Unionville.

Bill C-84 seems to be another example of the government striking a valiant attempt to make a change, yet it is an incomplete attempt, much like most of the legislation we have seen coming forward from the government. Some of these previous shortcomings include Bill C-45, the cannabis bill, which just came into effect a few days ago. Even though that legislation was debated in the House and passed roughly a year ago, there still remain multiple enforcement agencies, municipalities, regional districts and first nations that agree it simply was not complete or ready. It did not give the provinces or municipalities time to prepare.

After that was Bill C-46, the bill that dealt with impaired driving, which was tied to Bill C-45. We have now heard that because of the way Bill C-46 was drafted, there is no proof that the systems in place and the science and technology around identifying impairment, which was fairly standardized when it came to alcohol, are going to be effective when it comes to drugs. Not only do we have another piece of flawed legislation out there, but we have communities and enforcement agencies trying to scramble to figure out how to deal with that.

The next piece of legislation I am familiar with is Bill C-71, the government's firearms legislation, which, in listening to its rhetoric, is aimed at reducing gun violence, gangs and so on. However, the bill does not mention gangs or gun violence at any point in time. All it talks about is registering firearms and making things worse for law-abiding firearms owners.

The most current is probably Bill C-75, an act to amend the Criminal Code. That is a bill the government introduced to bring modernization to the Criminal Code. That bill has been bantered back and forth many times, but it is now at committee stage. My colleague from St. Albert—Edmonton is currently on the committee studying that bill, and members are looking at stacks and stacks of amendments to another government bill. I experienced the same thing when I sat in on the discussion on Bill C-69, when I happened to be substituting on that committee. I believe there were 600 amendments to that government bill. The bill was 300 pages long, and I believe 300 or 350 of those amendments came from the government side.

I continuously see the government putting forward draft legislation for debate in this House that it has not thought through or consulted on properly, and it just ends up being hashed about at committee. We have seen the Senate return a number of bills to this House with amendments. Worst of all, we see communities, enforcement agencies and the public trying to figure out how they are going to manage or work around this poorly drafted legislation from the government.

Turning back to Bill C-84, an act to amend the Criminal Code with respect to bestiality and animal fighting, I praise the government for bringing forward legislation to deal with this. I agree we need to do what we can, as legislators, to bring in legislation to protect people, protect the innocent and protect animals from the abuses we have seen. Also, to protect them from the ways criminals have been able to skirt the laws through definitions, different interpretations in the courts and so on. On that point, I will give the government credit for at least attempting to do something right.

When I look at this bill, I also see where it comes up short in some cases. I compare it to an insurance policy. I think everyone here has had an insurance policy and has taken a close look at it. Some have possibly made a claim through that insurance policy only to find out that the claim is denied because in the fine print something was excluded.

We may get a chance to amend this bill in committee. Even though it is a short bill and one would not think it needs much amendment, I do not believe it is perfect and I will be talking to committee members about possible amendments going forward.

When I see that the bill includes a phrase that basically bans the fighting or baiting of animals or birds, I question whether that is going to impact our provincial hunting regulations. I have not yet been able to have full discussion with anyone to determine this. In some provinces, it is completely legal and within ethical standards to plant crops to attract wildlife, such as deer and elk, to certain areas for hunting purposes. Those are perfectly accepted standards that continue to this day. In fact, many of those standards actually improve the chances of correct and humane harvest of those animals because they are at a baiting station.

That is why I question the wording in this bill. I will be following through further on this to make sure that this bill, like many other bills the government has put forward, is not flawed after it gets through committee. I want to make sure we are protected in those ways.

Another thing that troubles me with this bill is why it took the government almost a year to introduce its own bill that is identical in most ways to a bill introduced by a member from our side of the House, the member for Calgary Nose Hill. Her bill was introduced in December 2017, and yet the government sat on it and did not move it forward for debate. The government could have had this process done by now and given credit where credit was due, to the person who brought the issue forward.

It seems to be a continuous mantra of the government to not do anything until it is caught not doing anything. We see it when we have witnesses appear at committee to give testimony. We see it in the Auditor General reports. It just seems to be a continuing theme.

In fact, I had the same experience myself. I introduced a private member's bill a couple of years ago to recognize volunteers in search and rescue situations. Just a few weeks later the government announced that it was going to create service medals for search and rescue volunteers. Again, it was not doing anything until it got caught not doing anything.

That is the case here. It is disappointing that the government has to be shown the way forward by members on our side. We see this quite often with the opposition day motions we bring forward. In fact, we had another one just last week. We put forward an opposition day motion that the Liberals could have easily acted on much sooner, but we had to force their hand by forcing the argument and putting it to them to make them step up to the plate. It is just another case of, as I said, not doing anything until they are caught not doing anything. Then they get caught in a bind and have to put out something that is not complete, not well-thought-out and not well-processed.

With that, I am finished my comments. I know I will be receiving questions on this.

Natural Resources

[David Lametti, Liberal, Parliamentary Secretary to the Minister of Innovation]

Mr. Speaker, Bill C-69's better rules will lead to more timely and predictable reviews and encourage further investment in Canada and Canada's natural resource sectors. This invests in our people. This is about making sure that good projects move forward to help grow our economy, but doing so in an environmentally responsible fashion. We will not follow the lead of the Harper Conservatives, who made Canadians lose trust in that very process.

[Shannon Stubbs, Conservative, Lakeland, AB]

Mr. Speaker, I was in Calgary with the Conservative leader last week. Oil and gas workers said that the Liberal carbon tax and their no-more-pipelines bill, Bill C-69, damage all of Canada. The Liberals' layers of new red tape and costs actually help Donald Trump and Canada's biggest competitor by driving Canadian businesses and jobs into the U.S. The investment leaving Canada because of these Liberals is a crisis, and every dollar not spent in Canada goes to countries with much lower environmental protections.

Why are the Liberals helping Donald Trump and harming Canada and Canadian resource jobs?