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

This bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Sponsor

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-69s:

C-69 (2024) Law Budget Implementation Act, 2024, No. 1
C-69 (2015) Penalties for the Criminal Possession of Firearms Act
C-69 (2005) An Act to amend the Agricultural Marketing Programs Act

Votes

June 13, 2019 Passed Motion respecting Senate amendments to Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
June 13, 2019 Failed Motion respecting Senate amendments to Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (amendment)
June 13, 2019 Passed Motion for closure
June 20, 2018 Passed 3rd reading and adoption of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
June 20, 2018 Passed 3rd reading and adoption of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
June 19, 2018 Passed 3rd reading and adoption of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (previous question)
June 11, 2018 Passed Concurrence at report stage of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
June 11, 2018 Failed Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (report stage amendment)
June 11, 2018 Failed Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (report stage amendment)
June 11, 2018 Failed Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (report stage amendment)
June 11, 2018 Failed Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (report stage amendment)
June 11, 2018 Failed Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (report stage amendment)
June 11, 2018 Failed Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (report stage amendment)
June 6, 2018 Passed Time allocation for Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
March 19, 2018 Passed 2nd reading of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
March 19, 2018 Passed 2nd reading of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
Feb. 27, 2018 Passed Time allocation for Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts

The EnvironmentEmergency Debate

October 15th, 2018 / 6:35 p.m.


See context

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, despite the fact I am feeling very under the weather, which seems to be an appropriate saying for tonight, I had to be here to participate in this. I want to thank my colleagues, colleagues across the way and the member for the Green Party for calling this debate.

This matter of urgency did not happen simply because the IPCC told us to wake up, that we were already at the 1.5°C mark. The urgency was identified a long time ago. I happen to hold a very thick report issued by the Department of National Resources 23 years ago, calling for expedited action on climate change. That report was edited by an agricultural expert. There is a major chapter in that report about the impacts that were already being felt in Canadian agriculture then because of climate change.

This is a crisis that touches every corner of the country. Our colleagues in the Conservative Party represent a lot of farmers, and they should wake up and realize the impacts their farmers are facing.

In my province, we have faced unprecedented terrible weather this fall. We have not had a fall. We had a bumper crop, and so many of those crops have been downgraded in value because of early terrible weather, namely early snow and terrible rains. Those who rely on the construction industry, landscaping and nurseries have been devastated. This represents two months of incomes and this is just the beginning.

Those are what we might call “minor” impacts to small businesspeople, but the impacts are being felt across the globe. We simply need to look at our neighbours to the south in this continent to understand the devastation that has been wreaked upon us. We do not need the IPCC scientists, but we certainly need to heed them.

Many times over, Canada committed to Kyoto and the 2020 targets, which have passed by. The Harper government pulled out of the Kyoto targets and the Liberals have simply brushed away the 2020 targets, which the Commissioner of the Environment and Sustainable Development has decried. Are we simply going to brush away the 2030 targets? If we do not get serious, we are in serious trouble not only with respect to meeting our commitments in Paris, but even in meeting the reprehensibly low Harper government targets, which, amazingly, remain the targets of the Liberal government. It is time to get serious.

A question was asked about what other country we can give as an example. One of our trading partners, the United Kingdom, achieved 23% greenhouse gas reductions from 1999 levels by 2012, and it is on track for a 35% reduction of 1999 levels by 2020. We are not even basing our reductions on 1999 anymore. We have moved forward to the Harper target of the 2000s.

While the Liberals have supported this call for an emergency debate, sadly their commitments fall far short of responding to the urgent need for action.

It is really important for us to keep in mind, and particularly so given the comments from our colleagues in the Conservative Party, that the federal government does have powers to act on climate change. Yes, it is a good idea to also work in co-operation with the provinces and territories and with first nations, but the federal government has a duty to move when the provinces and territories are not moving. Recent elections in Canada have put a greater onus on the federal government, but it is the federal government that committed to the Paris targets, and it should therefore be the government held accountable.

What are the two key powers? The really important one is the spending power. The federal government collects dollars from Canadian taxpayers, and it decides how it is going to spend those dollars. Regrettably, despite commitments by the Harper regime and the Liberals of the day, the government has still not removed the perverse subsidies for fossil fuels. That would be a start. The investments in renewables and in energy efficiency in no way match those supporting the fossil fuel industry. If we are talking about making a shift toward a cleaner economy, that would be a simple first step.

Could the government please shift from pilot projects to significant federal investments for the deployment of renewable energy? We have had enough pilot projects. We have so many proven technologies, developed in this country and elsewhere, that can be deployed. Our communities need federal support to deploy those energy sources.

We need help in costing the smart grids and the interprovincial grids. There is a lot of talk about Manitoba Hydro being fed into Saskatchewan so that the latter can get off coal sooner, of Quebec hydro going into Ontario and lots of talk of BC Hydro going into Alberta. It would be nice if B.C. would give us a good price. However, the federal government could certainly help.

If we look at Bill C-69, a lot of the discussion during the expert panel was that it was unlikely that the National Energy Board, soon to become the new Canadian energy regulator, would actually deal with a lot of fossil fuel projects except for interprovincial grids. Therefore, the government needs to gearing up and talking about that and having a big dialogue about how it can help to expedite these improved grids.

The government needs to disburse the pan-Canadian funds now. We raised this three years ago. It has set aside this $1.5 billion dollars and some, and then sat on it, supposedly waiting for the provinces and territories to decide what they needed to do. My premier, Premier Notley, said to send it now. Thank heavens the province finally put in place an energy efficiency program and it was grateful for the infusion of dollars. If there were any way to get more people on side to understand that we need to put a price on carbon, we also need to help those who need a leg up to retrofit or build in cleaner ways. How about a little balancing?

Recently, dollars were given to the Northwest Territories. I have talked to my friends and colleagues there, and they are saying that it is merely symbolic. Imagine what it costs to build energy-efficient housing and buildings in the Northwest Territories, let alone Yukon and Nunavut. There are a lot of people interested, such as small energy companies, in deploying clean technology and building energy efficiency. Let us move forward our national building code. For heaven's sake, we learned at committee that it is not going to be in place until 2030. We need to have our housing and buildings built to a higher standard right now.

The transportation sector is on par with the fossil fuel industry in emitting GHGs, so we do not just need a major infusion of dollars, but to make sure that the federal government uses its regulatory powers and sticks with those stricter standards for large vehicles and, frankly, for trucks and SUVs.

The Harper government promised that it would use its regulatory power. In 10 years, it never issued a regulation on fossil fuels. I am sorry, but we cannot listen to what it did. It is more a case of what it did not do.

As I mentioned, the fixation seems to be on whether we should have a carbon tax and how much it should cost. Why are we not talking about the whole bundle of measures that need to happen in tandem with the carbon tax? There is no way that Canadians are going to look at a $50 a tonne carbon tax, let alone a $150 a tonne tax, which is projected to be necessary to stay at 1.5°C, unless there are measures in place to help them get there. In particular, I refer to those who cannot afford to do it, such as small business a lot of homeowners and apartment dwellers. A lot of people who have small businesses are renting from other people who own those buildings. They need support to lower their power bills.

We absolutely need the federal government to issue stronger regulations for controlling methane. Forty per cent is just not good enough. I encourage everyone in this place to take in one of those technical briefings that show that we can reduce far more methane if we require, as the technology exists. However, we need to require the monitoring of methane in tandem with the initial regulations. We can reduce our climate impacts in a large way if we get those industries to reduce their methane faster.

Also, I am concerned about the standards to be set for gas power. People need to be aware that the conversions from coal to gas are going to be much weaker than for new gas plants. Gas plants also emit a lot of greenhouse gases. Where is our timeline? What is the timeline for simply moving to cleaner sources of energy?

We need to be scaling up the investments in northern diesel. It is costing the northern governments hundreds of millions of dollars to transport that diesel to the communities and it is polluting those communities.

In terms of coal shutdown, where is the federal budget for a just transition for those working in the coal fire power sector? To its credit, a year ago Alberta committed $40 million to help retrain and support workers in that sector. All the government has done is to consult. It does not expect to even have a report until the end of this year. We need a major infusion of federal dollars to support both oil and gas, not just coal workers, and to shift to renewables.

Natural ResourcesOral Questions

October 15th, 2018 / 2:40 p.m.


See context

Conservative

Shannon Stubbs Conservative Lakeland, AB

Mr. Speaker, four major new pipelines, including access to new markets, is the Conservative legacy.

The reality is that the Liberals' anti-pipeline bill, Bill C-69, will block all new pipelines and make the massive discount permanent. That will be the Liberal legacy. The consequences of the Liberals' failure are tens of thousands of Canadians out of work, Canada's money going to the U.S. and billions of dollars in deficits.

When will the Liberals kill their anti-pipeline bill, Bill C-69?

Natural ResourcesOral Questions

October 15th, 2018 / 2:40 p.m.


See context

Conservative

Shannon Stubbs Conservative Lakeland, AB

Mr. Speaker, the consequences of the Liberals' pipeline failures are tens of thousands of Canadian jobs lost, oil moved by trains at record levels, hurting agriculture, forestry, and manufacturing, and now a Canadian barrel of oil selling for $52 less than a U.S. one. That is billions of lost dollars that could pay for health care, pensions and bridges in Canada. Premiers, workers, and economists have warned that the anti-pipeline bill, Bill C-69, will kill all future pipelines in Canada.

Will the minister listen to Canadians and cancel the Liberal anti-pipeline bill, Bill C-69?

Multilateral Instrument in Respect of Tax Conventions ActGovernment Orders

October 15th, 2018 / 12:45 p.m.


See context

Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Mr. Speaker, I am glad to be back this Monday to talk about what I think is a tax treaty for tax treaties. I can think of no drier subject to debate in the House other than maybe ways and means motions.

Bill C-82 looks at base erosion and profit shifting. It is a problem that tax regimes and tax administrators across different countries are increasingly starting to grasp as a result of the digital age now upon us and the ability of companies to create sub-companies and larger holding companies to shift around money quite easily, as well as IT, or intellectual property. They are able to shift the work of employees in a digital sense, not in a physical sense, to other countries to take advantage of lower taxes and tax loopholes and tax avoidance schemes that currently are legal in some ways, but in other ways go against the spirit of tax treaties that legislatures have introduced across different countries.

The Tax Justice Network has done some estimates and provided an aggregate of different statistics from the OECD, World Bank and IMF of how much money we are talking about in base erosion and profit shifting. It could be an excess of $200 billion that developing countries are losing out on from that money being shifted around. This is revenue that could be taxed and possibly provide social services that we all live off of. We need police forces and EMS. Also, this place does not run for free. We have to pay the clerks. We have to pay all of those who provide administration for this building. Some of the lowest estimates are as low as $100 billion while some of the higher one go up to about $300 billion. Large multinational corporations are typically best able to take advantage of different tax treaties and tax treatments for the type of work they do. This is happening mostly because the digital age is upon us and the ease with which companies can hire experts in this field.

Let us be honest. I am not a tax lawyer. Neither are the vast majority of the members in the House. I am humble enough to say this. Whenever I see a tax bill before the House, it takes me an extra long time to go through it. When I have to file my taxes every single year, it takes me the better part of an afternoon to do it. Dealing with tax treaties and their tax implications for multinational corporations and how these could be used is not my area of specialty. Those companies know that. Multinational companies are able to hire high-paid accountants, high-paid lawyers and high-paid lobbyists to ensure that they get the best possible tax treatment for their businesses. In some cases it may be justified to avoid a situation of being double taxed.

In Bill C-82, a lot of the provisions in this tax treaty for tax treaties will get rid of the double taxation of some companies. However, many simply abuse the rules. There are 78 jurisdictions that will be covered by this and 1,200-plus matching treaties that will be looked at. Countries are joining this process every day.

This was not started by the current Liberal government, let us be clear. It began under the previous Conservative government as a result of multinational bodies starting to look at this matter. I have heard several members on the government benches say this is part of the their initiative to improve tax collection somehow. They are taking credit for something that others started. The government repeatedly takes credit for things that others have done, either things that civic society has done or charities are doing on their own, or that a previous government has done or a provincial government is doing. The government takes these as its own, claiming victory that somehow these meet the campaign promises that the Liberals were elected upon.

I have an example that I found in a package that the OECD made available on its website. I want to read it into the record because it is an example of base erosion and profit shifting.

In the example set out in the video, company A, which resides in the Cayman Islands, wants to provide a licence for the use of intellectual property to company C in South Africa. South Africa, however, has not concluded a tax treaty with the Cayman Islands and would thus be entitled to apply its domestic withholding tax rate on outbound royalties. I hope that everyone is still with me on this. However, a European country has concluded a tax treaty with South Africa that reduced its withholding tax rates on royalties. Also, this country does not itself levy a source tax on royalties. Therefore, company A establishes a letterbox company in this European country and diverts the royalty payments through the letterbox company to reduce the tax withheld by South Africa. In this example, the principal purpose of establishing this arrangement, including the letterbox company, was to obtain the lower withholding tax rate available under the tax treaty between South Africa and the European country.

If everyone is still with me, that is what we call “base erosion profit shifting” in its simplest sense. Large international companies like Starbucks do this. Every time we go to Starbucks to get a triple spiced pumpkin latte, or whatever, that company engages in this type of behaviour. I am sure I am going to get a phone call from one of its lobbyists. Specifically, it is a popular thing to do with intellectual property and trademarks, particularly in the arts and cultural industries. At a certain size we are talking about large sums of money. In these cases, the trademarks and intellectual property have a very high value. A company's reputation and branding are how it differentiates itself from its competitors.

This matter is international. We also have it happening in a certain way domestically. We have a government that has been pursuing single moms, small business owners, and many residents in my riding who have been trying to make ends meet. The government wants to force them to provide documentation proving they are not engaging in tax avoidance or welfare fraud of some sort.

Other members have said that the Alberta registered corporation that the Minister of Finance uses is really a form of tax avoidance. It is not illegal in any way in Canada to go outside a jurisdiction where the work is being done in order to register in a lower tax jurisdiction, Alberta in this case, to avoid paying more taxes.

It is done domestically, which is why the Standing Committee on Finance has been doing a statutory review of the proceeds of crime and terrorist financing act. The reason I bring it up is that in the process of this study, the members of the committee would have had an amazing opportunity to learn from FINTRAC and other agencies of the government that are dedicated to tracking down illicit funds and suspicious transactions and activities.

What we do domestically has implications internationally. We know that business owners are engaging in aggressive tax planning, making use of tax firms and tax consultants, such as KPMG, PWC and all of the large firms out there. KPMG is notably the one that has made the news most often with its relationship with the Canada Revenue Agency. These companies are aggressively planning businesses' taxes to help them avoid paying their “fair share”. It is not a term I like to use, but it is one that has been used quite often in the House.

I wish we spent more time talking about how to get companies and Canadians to create more wealth. We spend an awful lot of time in the House trying to figure out ways to tax people and corporations in order to try to squeeze and get more water out of that stone in some way, but we do not really spend a whole lot of time talking about how to make sure that in the free market economy, where free people are working in their own best interests and figuring out how to make ends meet for their families, we can simplify and improve their lives. We are not doing that. We have been doing the opposite for the past three years. From this so-called middle-income tax cut, a Canadian who is earning $48,000 is saving $81.44 off their taxes. If we include carbon taxes, increased payroll taxes, depending on the provincial jurisdiction, where they are probably paying higher provincial taxes as well, costs are rising, including the costs of everyday essentials.

There are think tanks that say that the number one item on the average family's pay slip is taxes. They are paying more for taxes than for the essentials of life: rent, food, electricity or natural gas. For the first time ever, the average family is having to pay more in taxes than for anything else. We do not spend enough time talking about how to create more wealth and to broaden the base that has been a way of ensuring that more Canadians and corporations are at least paying a little bit into the system. When we pay into the system, it makes us part of it. There is a certain ownership in what the Government of Canada and what the Parliament of Canada do on our behalf. When we have to put a little money into it, we really do care what is being done with it.

The Liberals said in their campaign platform that a so-called tax hike on the top 1% would bring in $3 billion more. The Department of Finance then produced an estimate, saying it would bring in an extra $2 billion. The government actually lost money in its first year; $4.5 billion to $4.6 billion less money being brought in. Those are not my numbers. Those are Statistics Canada and CRA numbers, which say the government is bringing in less money than it did before.

The top 1% of income earners pay 20% of all taxes. The top 8% of income earners, including every member in the House, every cabinet minister, are paying half of all taxes right now. That is an incredible amount, just in the share of national revenue, that we are asking an increasingly smaller group of people to pay. It also speaks to the administration and the idea of taxing the rich, fleecing the rich, on a personal income side, which has been a total failure of the government.

Now we have Bill C-82, in which the Liberals want to go after multinational corporations and big business, and I am all for it. It is a fantastic idea. We have a tax treaty of tax treaties. It should be done right. I am glad we are at this point where we can talk about it.

However, where are we talking about the wealth creation to get small businesses and entrepreneurs to start creating more jobs, to want to invest? We had the aborted attempt by the Minister of Finance's department, and by him as well, to tax small businesses more because they were not paying their fair share. I heard loud and clear from general practitioners and small business owners in my riding who were just trying to make ends meet. They wondered how they could keep growing their small family businesses and eke out an existence to pay for the schooling for their kids and to continue living.

Calgary continues to have the highest unemployment rate in Canada. The reason for that is that the Government of Canada is in no way interested in ensuring that the energy industry of Alberta continues humming along. Most high-income earners come from Alberta. The Government of Canada has made changes to the tanker ban on the coast of British Columbia and the introduction of Bill C-69, which has passed through the House and is in another place. Every regulatory and legislative measure that the Government of Canada has been able to use to constrict and put the energy industry of Alberta into a pretzel, it has done it. The Liberals have succeeded in reducing our incomes. They have succeeded in undermining the ability of Albertans and Alberta families to make a living. They are not helping to create the wealth that they want to tax. We should be starting the conversation with how we can ensure people can create wealth for themselves and the Government of Canada can tax a reasonable amount from them to pay for common, public services that we all get to enjoy.

For multinational corporations, what we are talking about in this tax treaty is base erosion. They are using a digital economy to shift around so-called profits, and this is primarily used by big businesses. The ability of small businesses to do this is very limited because they need access to high-paid tax lawyers, lobbyists and accountants who know the details of these tax treaties, who can read the different tax treaties between different countries and take advantage of specific provisions in them.

After the paradise papers and the Panama papers, I think there is a general understanding among parliamentarians in both houses that something has to be done. It is not just in North America and in Canada that base erosion and profit-shifting for large multinationals is getting out of control. It is happening in European and developing countries as well. With the digital economy and the ability to cite their so-called work locations almost anywhere they wish, it has become profitable for companies to engage in this type of tax avoidance.

We also have to remember that they are trying to avoid taxes, sometimes punishing taxes, that limit their ability to continue working, to continue generating a profit for shareholders. If they are co-operatives, it limits their ability to provide a return to the members of the co-operatives. It goes back to the notion of whether we are creating an opportunity to create wealth. Instead, we usually talked about how we can tax more.

Another example is that during the whole cannabis decriminalization and legalization, the discussion primarily in the public was about how much taxes the Government of Canada would generate through the legalization provisions it had introduced. Oftentimes we did not talk about the potential for wealth creation through these businesses, through legalizing this one sector of the illegal economy, the black market that already exists.

The United States will not be a party to these international tax treaties that Canada and many other countries have, to this multinational effort on the base erosion of profit shifting, although it would be in its best interest to do so because it stands to gain quite a bit from it as well.

Canada's competitiveness is further eroding. We do not participate in measures such as this. The provisions in our federal corporate income taxes and the tax rates in comparison to those in the United States make us not competitive. In Canada, one of its champions for natural gas just cannot continue doing business in Canada at this pace. It costs it $100,000 in carbon taxes for every well drilled in British Columbia. That is a rig hand, an extra person on every rig who could be hired who did not need to be.

The Government of Canada crows about how great it is doing on the energy file, such as the LNG project that was approved. However, it does not talk about the $70 billion to $75 billion in projects that did not go ahead. It does not talk about the fact that this project, the LNG project, was approved in 2014. Businesses took until 2018 to decide to go ahead with it. They only went ahead when they got exempted from the carbon tax.

Large multinational corporations have been exempted from the domestic carbon tax that everyday Canadians will have to pay, every small business owner who owns a convenience store and every gentleman I meet who drives my Uber. Usually in Calgary it is a form of an oil and gas war. The drivers of my Ubers will pay higher carbon taxes, will pay a higher price on their gasoline, will pay a higher price on their natural gas to heat their homes. They will have to pay for that, but multinational corporations will not have to pay. That was the inducement, on top of other inducements, necessary to get them to invest in Canada.

I am all for Bill C-82, what I call the tax treaty of tax treaties, the driest subject we could possibly talk about. However, let us go back and talk about how we can get people to create more wealth. I do not mean the government-directed creation of wealth. I see this all the time in news releases, that the government created 100,000 jobs. It created no such thing. This place is not capable of creating jobs. People out there create jobs. They start businesses. They may start a family business. They go out and find a product or a service that somebody out there wants to buy. They fill a gap, a niche in the free market. That is popular capitalism. It is capitalism for the people. We do not talk about it enough in this place.

In this place what we often talk about is select industries that deserve a tax break or special treatment of some sort. I am glad we are going ahead and ensuring that base erosion and profit shifting stop happening as easily as they have been.

Let us go back to talking about how we can get junior oil and gas companies in Alberta to start drilling again, to start hiring again. Probably 10% to 15% of the people who live in my riding are either unemployed or underemployed. They are maybe working a day or two a week. This is years after the commodity prices, the so-called grand WTI went down. We do not even get that in Alberta. Last week, we were told that WCS, a standard Canadian mix of bitumen and dilbit, was selling at zero. Companies were paying others to take it for 8¢ to 18¢. They had to pay someone to take it because there was so much supply.

We rarely talk about all of these problems. We posture, which is pretty standard from that side of the benches. I do not hear us talk about wealth creation. How can we get people to create their own wealth? Then, at that time, the Government of Canada can come by and ask for a reasonable share of that amount.

However, for multinational corporations, I hope this treaty will be the starting point for reducing their ability to rob from the public purse, which should be justly paid to the Government of Canada for the provision of services that we all enjoy.

Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with DisabilitiesPrivate Members' Business

October 3rd, 2018 / 6:50 p.m.


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Conservative

John Barlow Conservative Foothills, AB

Madam Speaker, I welcome this opportunity to speak to Motion No. 190, the private member's motion brought forward by my colleague from Mississauga East—Cooksville. I agree with some of his comments but have to disagree with others.

One of the aspects of his speech which I agree with is the fact that we are undervaluing a lot of these careers, whether they are in construction, agriculture, tourism or hospitality. We have to do a much better job of speaking with students when they are in high school, or even elementary school, and talk about the incredible opportunities available to them in these types of careers. Absolutely, one may be starting on the front lines as a dishwasher or a labourer, but there are opportunities to work up the ladder, be successful in that career and earn a very strong income. In concert with industry, as parliamentarians and parents, we need to do a much better job of ensuring that industry gets the word out to the schools and guidance counsellors. It needs to be part of the curriculum in order to ensure these careers are understood as the incredible opportunities that they are.

I grew up in a rural area, and the misperception when I was younger was that anyone who wanted to go into skilled trades was making a bad decision and it meant they could not make it in university or college. If they only knew the wages available in some of those skilled trades, the guidance counsellors may have given us different advice.

I want to talk about the scope of this study. It concerns me that it is so focused on Toronto and Hamilton. It highlights an issue with the Liberal government. It has become so urban-centric, so GTA-centric. I have spent the last several years travelling across the country focused mainly on agriculture, but I have spoken with many other industries and they are concerned with the inaccessibility of labour. It is a crisis out there. Some businesses have closed. I met with a greenhouse operator in B.C. just last week, who closed her vegetable greenhouse because she could not get the labour. Many of the other businesses we have spoken with are at risk of closing because they cannot access the labour.

The Liberal government has set a very high target. It wants $75 billion in additional agriculture exports by 2025. It is an aspirational goal but it can be done. Agriculture is ready. However, every tool that it has in order to reach that goal is being taken away. One of those critical pillars is access to labour. I would like to see this motion expanded to include other industries, sectors and certainly other parts of the country.

I appreciate my colleague's comments about why he focused this on the GTA, but to compare what is going on in the GTA to what is going on in rural Saskatchewan, Canada's north or the labour shortage in Quebec City is really difficult. There are so many different factors involved. I would like to see the scope of this motion expanded.

My colleague also spoke about some of the great accomplishments the Liberal government has had. I find it ironic that he is concerned about the labour shortage. He talks about the $180-billion infrastructure promise that the Liberal government made in 2015, yet only 6% of those funds have actually been committed to real projects. We cannot get any of these major infrastructure projects built because the money is not rolling out the door. The Trans Mountain pipeline is an infrastructure project which is on very shaky legs. It makes it hard to get Canadians back to work and get them encouraged about going into the skilled trades when they see none of these projects are going to happen. It is disconcerting.

We have to ensure there is a bright future. If we want to ensure young people understand the value of these jobs, they also have to see there is a career opportunity in these jobs, and that some of these opportunities will be there. Right now, I can sense their frustration. Why should they go into some of these skilled trades, such as pipefitting, welding or steel work, if we cannot get any of these infrastructure projects built? That is a critical piece of this. The government needs to start showing that it can get these projects done, get the money out the door and make this a priority. That is highlighted for rural communities, and is certainly what I have heard in my trips across rural Canada. Canadians are extremely frustrated that they see everything with the Liberal government is urban focused.

The map that came out last week in the Huffington Post or iPolitics showed where the vast majority of infrastructure dollars have been committed. The vast majority are in urban centres. I understand that this are where the mass part of the population is, but they cannot do that and neglect some of our rural areas at the same time. That is why I think it is important that we expand the scope of this motion and this study at the HUMA committee, of which I am a very proud member.

We have to look at some of the other issues that are part of this: higher taxes, punitive regulations, surrendering our sovereignty as part of the United States-Mexico-Canada agreement, not being able to remove steel and aluminum tariffs and not being able to get a softwood lumber agreement. All of these have an impact on attracting Canadians to these types of careers. They need to understand that are there is opportunity and a future there. Right now, with the pace this is going, Canadians see the writing on the wall. There is not a future in some of these careers, because the jobs simply will not be there long term. That is extremely disconcerting.

Let us take a look at Bill C-68 and Bill C-69. Regardless of what happens with Trans Mountain, it is very clear that if these pieces of legislation go through, we will never have another major infrastructure project built in this country, whether it is a pipeline, a mining operation or another resource extraction initiative. It is going to be very difficult to get these projects built.

When I speak to some of our stakeholders in agriculture, construction and hospitality and tourism, there is no question that their inability to access labour is much beyond a motion at a committee. It is a crisis. They need action on this quickly.

I am going to support this study, because I think we can get some really good recommendations out of it. It is still worthwhile going through that process. I hope we get some tangible recommendations from the study.

Again, we have had businesses close, and others are at risk of closing. We heard it at the agriculture committee yesterday. Some of the farmers and ranchers were talking about the mental stress they are under. One of the reasons they cited for that mental stress was the inability to access labour for their businesses. They are taking on much too much. They are working hard, long hours. It is difficult navigating the temporary foreign worker and seasonal agricultural worker programs. They said, almost unanimously, that over the last three years, under the Liberal government, being able to navigate these programs has become almost unattainable.

My hon. colleague talked a little bit about the temporary foreign worker program. We have to find a permanent solution to what is a permanent problem. Just tweaking the temporary foreign worker program or making some adjustments to that program is not good enough. We have to have bold changes when it comes to accessing labour.

Exhausting what resources we have right now to deal with illegal border crossers is not the way to do it. We need to put our focus on processing the applications of legitimate immigrants who are going to be coming to Canada and having a significant, positive impact on our economic development. These are people who are going to be filling job vacancies in skilled labour areas where we desperately need those jobs filled. That has to be another part of this discussion. Where do we put our focus in immigration? How do they access that system? How do our stakeholders access that system? How do they get through that process?

We have to build a pathway to Canada. I hope this is going to be part of that. Again, we need bold changes. I really look forward to working with our stakeholders across Canada as part of this study to come up with a permanent solution to a permanent problem to address the labour crisis that is happening right now across Canada.

Multilateral Instrument in Respect of Tax Conventions ActGovernment Orders

September 28th, 2018 / 12:55 p.m.


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Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Mr. Speaker, I am pleased to rise today to speak to this legislation. It is my pleasure to follow my colleague from Central Okanagan—Similkameen—Nicola and his excellent discussion on a topic that he is interested in and knows a great deal about.

Bill C-82 is a welcome step forward. It is the natural conclusion to work that was first undertaken by the previous government in 2013. This is a good, positive step forward by two governments now to help address the serious problem of base erosion and profit shifting.

This legislation seeks to address a global problem that Canada is a part of, namely tax evasion, whereby corporations, through a corporate domicile or clever accounting, can shift profits between different jurisdictions or shop for the most desirable tax treatment from any of a variety of different jurisdictions.

For years we have heard in the news criticism of many global giants, including Starbucks, Apple and a number of other familiar global brands, that will seek to minimize their taxes by shopping for the most favourable jurisdiction. This is a problem that confronts western governments.

If the bill passes, Canada would be able to participate in a protocol that the OECD has in place.

We heard a bit about the scale and scope of this problem at the finance committee, and we welcome the bill.

The bill is an effective and efficient means by which we could deal with a wide variety of different tax jurisdictions through the same instrument. We would not have to separately renegotiate dozens of different existing tax treaties. As a result, we could co-operate much more efficiently with our global trading partners and combat what has been described by some as a “race to the bottom”.

Perhaps close to $25 billion in taxes is not being collected from economic activity that takes place in Canada. During its first two years in office, the Liberal government claimed it was going to recoup this $25 billion. The Prime Minister in late 2017 said in the House that the government looked forward to collecting this money.

While I do support the bill and acknowledge that it is an important step forward, it is certainly not a panacea or a solution to deal with all of the problems. I do hope colleagues from all parties will support it.

With respect to this $25 billion, the government has yet to really tackle the issue at all and it is now three years into its mandate. That number has been debunked. It would seem that most of the money the government planned to collect, money from tax evasion and tax avoidance, through the steps it would take, would be on the domestic side, the majority of which is believed, even by the department, to be uncollectible.

The CRA, almost three years into the government's mandate, has failed to make significant progress on foreign tax evasion, but during that time period it has floated a number of, in some cases, strange ideas on how it would plug its gaps in revenue. These ideas do not involve foreign tax evasion and do not involve corporate profit shifting.

They involve ideas that arose when the CRA first floated the idea of taxing employer benefits, like health and dental benefits; taxing retail discounts to service industry employees; and the war that was being waged this time last year on disabled Canadians, including the rejection of the disability tax credit for type 1 diabetics and a number of people who suffer from other health ailments.

In my riding, I have spoken to people who suffer from different types of chronic fatigue, who had been receiving the disability tax credit for years and suddenly were denied it. In one case, someone had been receiving it for 10 years and was suddenly denied it while her medical evidence had not changed. We have also heard the parents of autistic children losing their disability tax credit at the hands of the CRA under the Liberal government.

None of these seemingly small and petty attempts to raise additional revenues address the issue at hand and fulfill the promise of the government to crack down on foreign tax evasion and tax avoidance. These are nickel-and-dime measures targeting low-hanging fruit. The CBC reported again last night how the Liberal government makes it very difficult for single parents, with its onerous requirements on their proving they are indeed separated. We have seen quite a number of cases of this, and it has been raised in the House.

The other side of this and what this bill does not address is a different type of base erosion. Base erosion from profit shifting is an important global phenomenon that must be addressed. However, perhaps a bigger threat to the Canadian economy and a bigger drain on the tax revenue of the government than base erosion from profit shifting is base erosion from capital flight taking place right now.

Since the Liberal government took office, we have seen the imposition of a carbon tax. My colleague from Central Okanagan—Similkameen—Nicola spoke about carbon leakage, how chasing economic activity with emissions into a different jurisdiction does not change global emissions, but does change the tax revenue base of the Canada Revenue Agency and costs jobs. We have seen the carbon tax and have seen Bill C-69, which should be titled, “an act to ensure no pipeline is ever built in Canada again”. We have also seen tax increases, which the government had indeed promised to impose on the wealthiest Canadians, actually result in a reduction in tax revenues from the wealthiest Canadians. That is a different type of base erosion that would not be addressed by this bill.

We have seen the debacle over the Trans Mountain expansion. That will also result in an erosion of the tax base, as that economic activity is curtailed. We also all know what is happening with the NAFTA negotiations, and we know how many hundreds of thousands, perhaps millions, of Canadians who fear for their jobs as this unfolds.

To conclude, this bill is an excellent step forward to address a serious global problem that Canada must play a part in solving for our own tax base and in participation with our economic partners. I look forward to its coming to committee, where it may be improved and where I could address some of the issues that have been raised by my colleagues.

I will be supporting this bill, and I commend the government for moving ahead with this initiative.

Natural ResourcesOral Questions

September 26th, 2018 / 2:55 p.m.


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Conservative

Shannon Stubbs Conservative Lakeland, AB

Mr. Speaker, not a single shovel has been put in the ground to start the Trans Mountain expansion. The court ruled that Kinder Morgan consulted properly. Forty-three indigenous communities want the Trans Mountain expansion. Kinder Morgan only wanted certainty and clarity, not tax dollars, but the Prime Minister failed to deliver all of that. He gave 4.5 billion Canadian tax dollars to build pipelines in the U.S.

What is worse is he is bringing in the job-killing anti-pipeline act, Bill C-69. It would stop all future private sector pipelines and kill Canadian resource development.

Will the Prime Minister stop attacking the livelihoods of hundreds of thousands of Canadians and kill the anti-pipeline act, Bill C-69?

Natural ResourcesCommittees of the HouseRoutine Proceedings

September 24th, 2018 / 8:10 p.m.


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Conservative

Earl Dreeshen Conservative Red Deer—Mountain View, AB

Mr. Speaker, I am honoured to speak this evening and to add my voice in support of Canada's oil and gas sector.

The report that we are discussing covered economic drivers, such as oil and gas prices, production costs, export capacity, future demand, investment and competition. The arguments that various witnesses presented dealt with the ways in which we could foster investment and trade opportunities, promote a new era of indigenous engagement and public trust, deal with a price on carbon, invest in technological innovation and establish the right policy framework. The concern that I have about this report, as was agreed upon by the majority on committee, was that on so many fronts, the conclusions did not address the true realities that exist in the industry today.

The unanimous motion to undertake the study on the future of Canada's oil and gas sector, with a focus on innovation, sustainable solutions and economic opportunities, presented an excellent forum to showcase to the world our first-class oil and gas sector. As I read through the report, what became obvious was that it seemed to be an apology piece for a natural resource sector rather than a chance to explain why Canada's resource development should be encouraged and promoted throughout the world.

At the time of the project, energy east, as well as Kinder Morgan, were being recognized as the final pipeline opportunities to have oil exports added to the four major pipelines that the Conservative government had previously overseen. These pipelines have become even more significant after the arbitrary cancellation of the previously approved northern gateway project.

The report also looked at pricing and production costs, which, of course, are indeed considerations that any company must keep in mind when determining where their investment dollars would go. It is too simplistic to say that investors are shying away from Alberta because of those economic factors, unless, of course, one factors in the uncertainty caused by the ever-burdensome red tape for the industry; the assault on all Canadian small businesses, particularly those that supply the oil and gas sector; a bizarre approach to international trade, which makes investors nervous; and the made-in-Canada disaster program that forces a non-competitive carbon tax on all Canadians that has no equal with our global competitors. The Liberal mistruths about Conservative pipeline management were at least exposed during the study, but once that was on the table, the report reverted back to an anti-oil spin to justify the foot-dragging that has been the hallmark of the Liberal government.

There was an acknowledgement that we needed to get moving on LNG pipeline projects, but the reality is that the same global investors that are agitating against our oil pipelines will use their network to stop LNG projects as well. After all, if Canadian resources produced under the strongest environmental standards in the world could ever get to market, who would need or want products from other countries?

In the report, the Canadian Chamber of Commerce warned that certain environmental policies, namely, carbon pricing, could undermine Canada's competitiveness unless it is aligned with trading partners. Its conclusion was that a price on carbon would cause a lack of competitiveness. There was an expression of concern regarding the greenhouse gas emissions levels of oil sands operations and how that might hinder Canada's ability to reduce domestic greenhouse gas emissions as addressed in the report. The irony associated with that discussion has always been the degree to which those calculations and the actual contribution to overall global emissions are portrayed.

In a November 27, 2014, Financial Post report, an energy adviser to some of the world's most developed economies, Fatih Birol, presented his concerns not only about the security of world energy sources but also the impact of fossil fuels on the climate.

What he said was that of all the issues that exist, he would never spend any time worrying about the level of carbon emissions from Canada's oil sands. He was frank about saying that oil sands CO2 emission from the oil sands is extremely low.

When speaking of the expected global requirement, Mr. Birol, chief economist of the Paris-based International Energy Agency, said that the IEA forecasts that in the next 25 years oil sands production in Canada will increase by more than three million barrels per day, “but the emissions of this additional production is equal to only 23 hours of emissions of China—not even one day.” Now, Mr. Birol also did not think a carbon tax was a particularly useful way of managing emissions. However, the sad part is that this carbon pricing scheme remains a major talking point in the report and is punishing one of our most important drivers of Canada's economy.

One cannot help but comment on the frustration industry has had with respect to the pipeline fiasco. The Prime Minister falsely claimed that the energy east project had been cancelled because of market and volume considerations. The major nail in the coffin was the government's intrusion into the pipeline approval process. It would seem as though the Liberals have used the cover of this report as a rationale to launch its disastrous Bill C-69.

In a recent Bloomberg report, former TransCanada CEO Hal Kvisle stated that in assessing the environmental impact in Canada's energy regulations this was “an absolutely devastating piece of legislation.” Mr. Kvisle also said that he did not think any competent pipeline company would submit an application if Bill C-69 came into force.

The key point is that any government needs to review projects early on and quickly send a signal to both the community and the pipeline proponent as to whether or not the Government of Canada supports the project. If pipeline companies are worried about Canadian projects going forward, then one should not be surprised that other investors around the world are no longer looking to Canada as a reliable investment. The sad part of this is that it does not mean oil and gas will not be sold around the world. It will be supplied from countries that truly have much less concern about the environment than we do. This carbon “slippage”, as it is called, will not help the global environment but it will continue to hamstring our economy.

The dissenting opinion presented by Conservative committee members addressed many of the points I have spoken about this evening, so let me put into the record the recommendations we presented.

We strongly encourage the Government of Canada to establish and make publically available strict, clear criteria and a fixed timeline for their assessment and consultation processes for major projects. The timely approval of new energy infrastructure projects would not only reduce Canada's reliance on foreign oil, but would also allow responsible, world-renowned and respected Canadian oil and gas to reach broader international markets.

We strongly encourage the Government of Canada to show confidence in our national regulators by allowing them to make evidence-based decisions independent of government politicization and unnecessary, duplicative interim principles.

We strongly encourage the Government of Canada to publicly and unequivocally support strategic energy infrastructure approved by the national regulators after extensive and thorough evidence-based processes to ensure Canada's competitiveness in the global energy market.

We strongly encourage the Government of Canada to recognize and to promote Canada's world-leading regulatory framework and environmental standards and stewardship by instilling rather than eroding public confidence in our national regulators and Canada's energy developers.

We strongly encourage the government not to impose any additional tax or regulation on the oil and gas sector or the Canadian consumer that our continental trading partners and competitors do not have. This includes measuring the upstream greenhouse emissions from pipelines, as laid out in the five interim principles, given pipelines do not contribute to these emissions in any material way and upstream emissions fall under provincial jurisdiction. Any national carbon pricing initiatives should undergo a thorough economic assessment to ensure balance between economic growth and environmental stewardship and responsibility.

Natural ResourcesCommittees of the HouseRoutine Proceedings

September 24th, 2018 / 7:55 p.m.


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Liberal

Linda Lapointe Liberal Rivière-des-Mille-Îles, QC

Mr. Speaker, I thank my colleague.

Bill C-69 will make environmental and energy rules more transparent. This will allow us to make projections. We will accomplish all of this, and this bill will allow us to go further.

I will repeat, because I want my colleagues opposite to understand. The environment and the economy go hand in hand. We must create jobs for the middle class. By working with first nations in Alberta, we will be able to keep the economy going.

Natural ResourcesCommittees of the HouseRoutine Proceedings

September 24th, 2018 / 7:55 p.m.


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Liberal

Yasmin Ratansi Liberal Don Valley East, ON

Mr. Speaker, I would like my colleague to give a brief background as to how Bill C-69 would make environmental assessment more transparent? That is where everyone's questions are coming from and everyone worries about these things. Could she give a little highlight on that?

Natural ResourcesCommittees of the HouseRoutine Proceedings

September 24th, 2018 / 7:35 p.m.


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Liberal

Linda Lapointe Liberal Rivière-des-Mille-Îles, QC

Mr. Speaker, I am very pleased to speak this evening. I will be speaking in English so please forgive me if I make a few mistakes.

The great philosopher Yogi Berra once said, “It's like déjà vu all over again.” He could have been talking about this debate, because it seems we are just going around in circles here, with many of us saying the same thing in different ways.

Our government has already endorsed the House committee's report on the future of Canada's oil and gas sector. Why? It is because the committee was right when it concluded that the future of the industry is tied to innovation, sustainable solutions and new economic opportunities. Who would disagree with that?

However, the critics in the House say, “Yes, but what about the upstream greenhouse gas emissions? Why are we including them in the review of oil and gas projects? What about the uncertainty facing the industry with respect to environmental assessments? What about recognizing that Canada has a world-leading regulatory regime and an internationally renowned track record? What about the United States' transformation from being our main customer to our biggest competitor?”

On each count we say, that is what we have been addressing over the course of our mandate. We have been addressing existing problems and tackling the challenges that continue to emerge. One key way we have been doing that is by bringing forward legislation, Bill C-69, to make environmental assessments and regulatory reviews timelier, more transparent and more predictable. We get it. Investment certainty is critical to the energy sector's future, and Bill C-69 would provide that, with better rules for a better Canada.

However, again, the critics argue, “Yes, but why are you singling out the oil and gas industry by including upstream greenhouse gas emissions for pipeline projects?” We are not. It is just the opposite. Everything we have been doing, from Bill C-69 to the pan-Canadian framework on clean growth and climate change, is aimed at strengthening Canada's economy and creating jobs for the low-carbon future. That includes our oil and gas industry and all the other resource sectors that are the backbone of the Canadian economy.

Here is a fact that is not widely known. Natural resources account for 47% of Canada's merchandise exports. That is almost half our total merchandise exports. There is no getting around it. Our natural resource industries are not just the historic foundation of our economy, they are helping to drive our future prosperity, and in a world increasingly looking for sustainably produced products, Canada is unmatched. We have a huge natural advantage, and our government is determined to build on that competitive edge by making sure that Canada can take on the world in this clean-growth century and win.

However, again, the critics argue, “That is all well and good, but you have to realize that our oil and gas industry is now competing with the United States. You have to do something about that.” Again, we say that they are right, and we are doing something about it. It is right there in the Prime Minister's mandate letter to the Minister of Natural Resources. The Prime Minister asked the minister to identify opportunities to support workers and businesses in the natural resource sectors that are seeking to export their goods to global markets.

The Trans Mountain expansion project is part of that, part of our plan to diversify markets, improve environmental safety and create thousands of good middle-class jobs, including jobs in indigenous communities. That is why the Minister of Natural Resources just announced the first step in our efforts to make sure that any expansion of the Trans Mountain pipeline proceeds in the right way. When 99% of Canada's oil exports are destined for the United States, it just makes sense for us to seek other buyers for our resources. The problem is that there was not a single pipeline built to tidewater in the decade before we formed government. We have to address that, and we are.

Before anyone watching thinks we are doing all of this alone, let me make this clear. Canada's oil and gas industry is working hard investing in innovation, improving its environmental performance, building new partnerships and creating new opportunities. The oil sands are a great example. They are one huge innovation project. Nobody figured out how to get oil out of sand until Canadians created the technology, and that ingenuity continues today through Canada's Oil Sands Innovation Alliance. It is a partnership of Canada's thirteen largest producers, all of them working together to ensure the industry's sensible growth and to accelerate its environmental performance. To date, those 13 companies have invested more than $1.3 billion to develop more than a thousand distinct new technologies and innovations, such as using the latest in artificial intelligence to pinpoint where to inject steam, and how much, to maximize the return of oil, or developing technology that could reduce CO2 emissions from the steam generation process to almost zero within five years.

Our government is working with them, supporting their efforts through our CanmetEnergy lab in Devon, Alberta, through our oil and gas clean-tech program and through our clean energy innovation program. We do that because our job is to make sure that Canada is developing its resources in the most environmentally responsible ways possible and using them in the most sustainable ways possible. That is exactly what we are doing. We are investing, for example, in the latest carbon capture technologies and are supporting centres of excellence in Alberta and B.C. and coming up with innovative ways to turn carbon dioxide into commercial products, everything from concrete and plastic to fish food and even toothpaste. Members may have recently read about the promising pilot project just north of Vancouver, where they are actually grabbing carbon dioxide out of the air and turning it into a replacement for gasoline.

The bottom line is that the low-carbon economy is not just the challenge of our generation, it is the opportunity of a lifetime. We are seizing this opportunity and making Canada a global leader.

Natural ResourcesCommittees of the HouseRoutine Proceedings

September 24th, 2018 / 7:15 p.m.


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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, I am happy to rise this evening to speak to the motion to concur in the second report of the Standing Committee on Natural Resources, a report on the future of and innovation in Canada's oil and gas sector. I will not comment on the arcane procedures and strategies in this place that see us debating a committee report a full two years after it was tabled in the House, but I am pleased to be able to take it off the shelf, dust it off and see what is in there, especially in light of more recent events.

The New Democrats submitted a supplementary opinion on the report when it was tabled, so I will be referencing that when I discuss some of our concerns. Our first concern was with the scope of the study and the subsequent report. We had hoped that there would have been a good discussion on the opportunities in other parts of the energy sector, a discussion about innovation, job opportunities, investments and particularly the emerging renewable energy industry. Renewable energy offers significant opportunities for the creation of good jobs in every community across Canada and much of what is happening there is the very definition of “innovation”, but, unfortunately, that topic was not included in the study.

During the study, committee members heard a lot about innovation in the oil and gas industry and some of it was truly encouraging. We heard from Canada's Oil Sands Innovation Alliance, COSIA. In the model that COSIA put forward, a group of private companies put aside the usual proprietary nature of research and information to create a true alliance in which all members have access to successful innovations that could result in oil extraction methods that are both more economical and better for the environment. That is really exciting to witness. Unfortunately, we heard that many of these innovations would only be implemented in new projects, projects that are waiting for higher oil prices before they will proceed. I truly hope that the COSIA model will be extended to other industry sectors because of the way it amplifies innovation through quick adoption throughout the sector.

I would also like to echo the sentiments of Gil McGowan, the president of the Alberta Federation of Labour, in that we have to be more than hewers of wood and drawers of water, that we need to develop value-added industries within the oil and gas and other resource sectors. He testified, “we should prioritize value-added development, because these kinds of investments not only create jobs directly in upgrading, refining, and petrochemicals but also create other jobs.” I would add that these investments create jobs that are not as subject to the volatility of global oil prices and create products that will be needed during our transition to a low-carbon economy.

We not only need to be innovative in how we extract and use resources, we need to be innovative in how we regulate the extraction of those resources. I think everyone here would agree that we now have a complete lack of public confidence in our energy regulation process. Nanos Research has published data showing that only 2% of Canadians think we are doing a good job in that regard.

Professor Monica Gattinger of the University of Ottawa testified before committee about her positive energy program, a research group dedicated to studying ways to depolarize the public debate around the oil and gas sector, particularly with regard to pipelines. The supplementary report states:

We believe it is essential that the lack of public confidence in the current environmental assessment process be addressed by permanent, meaningful changes to the National Energy Board process as soon as possible. New Democrats believe that the proposed interim measures introduced by the government are inadequate to address the results of a decade of Conservative dismantling of our environmental protection regime. We share the concern expressed by witness Professor Monica Gattinger that if the process goes ahead without the existing gaps being meaningfully addressed, the end result will further erode public confidence in the entire assessment regime.

The supplementary report goes on to say:

We are disappointed that the majority report fails to recommend a speedy review of the NEB process as this had been a clear electoral commitment of the new government. We are disappointed that the newly announced review panel process contains no timeline for actual legislative changes leaving the Conservatives inadequate process in place and creating uncertainty for all stakeholders. We recommend that the government move faster to make the necessary permanent changes to the NEB assessment process to restore public confidence and ensure that it is fair, neutral, science based and designed to meaningfully engage communities.

Where are we now? Shortly after this report was tabled in the House, the government granted permission for the Trans Mountain expansion pipeline to proceed, and a few weeks ago, the Federal Court of Appeal quashed those approvals. The court cited two significant failures: the government failed to consider the environmental impact of the project on coastal marine environment, and the consultations with first nations were completely inadequate. The government officials who met with first nations groups were mere note-takers who mistakenly believed that neither they nor cabinet had the authority to change the findings of the National Energy Board in the consultation process.

What did they think consultation was about? If they thought it was about noting the concerns of first nations and telling the first nations they had no power to change anything with regard to the pipeline, that is not consultation. Consultation is listening and then acting on concerns, trying to make accommodations.

Here is what our first supplementary report had to say about first nations consultation:

The Government must also act quickly to honour its obligations to a Nation to Nation relationship with Indigenous peoples including proper consultation and accommodation on all energy projects and the protection of Indigenous rights. During testimony, industry representatives were clear about the importance of fixing the consultation process sooner rather than later. The Government of Canada, as representative of the Crown, is responsible for these duties and while proponents of projects should be a part of this process, we believe these responsibilities should not be devolved to proponents to fulfill, as was too often the case under the former Conservative government. The Government must take a much larger, hands-on role in creating the environment in which meaningful consultation can take place.

The supplementary report goes on to support Bill C-262, which would ensure that federal legislation is consistent with the United Nations Declaration on the Rights of Indigenous Peoples. This bill was brought forward by our colleague in the NDP caucus, the member for Abitibi—Baie-James—Nunavik—Eeyou. While we are happy to report that Bill C-262 has passed through the House of Commons, we were disappointed to see that its spirit was not included in Bill C-69, legislation that would implement changes to environmental assessment and energy regulation in Canada.

Here we are two years after this report was tabled. The NDP was criticized back then for its call to redo the Trans Mountain expansion process under a proper system. Critics said it would take too long, maybe another year or two. Here we are two years later back at square one. The decision of the Federal Court of Appeal is a reminder that we have to put in the effort at the start. There are no shortcuts.

I mentioned Nanos Research earlier that noted the pitifully poor state of Canadians' confidence in our energy regulation system, but it did point out there was a way forward. The polling data demonstrated that if the Canadian government could show it was consulting properly with indigenous communities by asking local communities about these decisions and developing a meaningful consultation process, Canadians would have more confidence in the procedure. There is a way forward.

I just want to read out some of the testimony from a witness representing the Indigenous Health Alliance who criticized the National Energy Board in particular for not engaging indigenous peoples early enough in its regulatory approval processes. He recommended the following measures to improve indigenous community engagement, which come right out of the main body of the report we are discussing tonight:

Early engagement of indigenous communities in the NEB process—by involving indigenous communities in “the problems, solutions and implementation strategies of any resource development project at the earliest reasonable opportunity”;

Acknowledging the multidimensional nature of resource development issues—by recognizing that resource development projects involve broader considerations related to education, health, economic development, the environment, etc. He stated that a consultation process that does not acknowledge and address these issues clearly will ultimately fail to address the real problems;

Including community leadership, namely elders, in the decisionmaking process—by recognizing elders as a stakeholder group that should be directly involved in setting the project agenda;

Acknowledging that indigenous peoples are reasonable and pragmatic about resource development—they are likely to support approval processes that respect their community-based needs;

Involving communication and consultation experts—ones that could accurately interpret and convey community concerns to governments and project developers; and

Recognizing indigenous peoples as a “third level of government” in Canada—which is how they are functionally recognized by the court system.

We have significant natural resources in Canada and they have always been central to our country's wealth. However, we must ensure that these shared resources are managed in the best interests of all Canadians, with a focus on protecting the environment, ensuring meaningful consultation with affected communities and indigenous peoples and maximizing economic benefits.

Natural ResourcesCommittees of the HouseRoutine Proceedings

September 24th, 2018 / 7:10 p.m.


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Conservative

Earl Dreeshen Conservative Red Deer—Mountain View, AB

Mr. Speaker, with respect to the discussions that were just presented, just reading through the footnotes we recognize that it was in early 2016 that these discussions took place. Recognizing that this report is two years old, there is a lot that has changed in the last two years. We thought we would be working with the U.S. and that carbon taxes would be in place. Keystone had not been approved. These are the kinds of things that are taking place. It is as though the member believes that this is a snapshot of today. What we are talking about is what set the stage for all of the discussions and the concerns, and especially the disastrous Bill C-69 that is being presented. I wonder if the member can bring us back to the mindset there was two years ago, and why some of these thoughts need to be updated.

Natural ResourcesCommittees of the HouseRoutine Proceedings

September 24th, 2018 / 6:55 p.m.


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Sudbury Ontario

Liberal

Paul Lefebvre LiberalParliamentary Secretary to the Minister of Natural Resources

Mr. Speaker, I am pleased to be speaking in today's debate in my new role as Parliamentary Secretary to the Minister of Natural Resources.

I am honoured by the trust that the Prime Minister has put in me. I am well aware that I have been entrusted with a critical portfolio. The member for Northumberland—Peterborough South set the bar very high.

I have learned some valuable lessons in my years representing the people of Sudbury. Thanks to them, I have a better understanding of the importance of natural resource development, the importance of doing things right, and the importance of making sure that everyone wins, including proponents, local communities and indigenous peoples, in the spirit of creating jobs while protecting the environment. The House committee came to the same conclusion two years ago in its report entitled “The Future of Canada's Oil and Gas Sector: Innovation, Sustainable Solutions and Economic Opportunities”.

I have always suspected that some people were a bit slow to grasp the importance of harmonizing environmental protection and economic prosperity. All the same, it is astonishing that we are only now debating a report that was released by the House of Commons Standing Committee on Natural Resources a full two years ago.

I want to take a moment to refresh the memories of those who may have forgotten what that report said and remind them of what our government has achieved.

The committee explored the future of Canada's oil and gas sectors by focusing on innovation, sustainable solutions and economic opportunities. After holding seven days of meetings and hearing from 33 witnesses, the committee produced its report, which contained a number of recommendations. Among other things, the report recommended that our government continue to support the viability and competitiveness of Canada's oil and gas sectors, foster investment and trade opportunities, promote a new era of indigenous engagement and public trust, establish a carbon pricing system, invest in technological innovation and establish the right policy framework.

Our government approved that report and we are responding to each of its recommendations.

Through Natural Resources Canada, we are investing in research and the demonstration of innovative technologies, including those aimed at reducing greenhouse gas emissions.

Two specific initiatives are worth noting: first, the $50-million oil and gas clean tech program, which is helping to reduce the sector's greenhouse gas emissions; and second, the $25-million clean energy innovation program, which seeks to reduce emissions in a number of areas, including methane and volatile organic compounds in the oil and gas industry. Future work will focus on enhancing the environmental and economic performance by significantly reducing methane emissions.

Through mission innovation, our government has committed to doubling our investment in energy technology research and development. More broadly, NRCan is working with Canada's Oil Sands Innovation Alliance and other partners to maximize the innovative potential for the oil and gas sector.

As I mentioned, the committee report also calls on the government to rebuild public trust in resource development. Our government has done just that, including by restoring many lost environmental protections and introducing modern safeguards to the Fisheries Act and the Navigation Protection Act.

We announced a $1.5-billion oceans protection plan, the largest investment in Canada's coasts and oceans in our history.

We have introduced Bill C-69, the most comprehensive overhaul of the environmental review process in a generation.

The Prime Minister has said many times that no relationship is more important to our government than the one with indigenous peoples. In particular, we recognize that consultation with indigenous communities affected by resource projects is critical to renewing a nation-to-nation relationship. That is why, with respect to the Trans Mountain expansion project, we extended the timeline to allow for deeper, more meaningful engagement.

When concerns were expressed, we responded by committing nearly $65 million to establish an indigenous advisory and monitoring committee that would oversee environmental aspects through the entire life of that project. This was unprecedented. As Chief Ernie Crey of the Cheam First Nation said, “Indigenous people won't be on the outside looking in. We'll be at the table and on site to protect our lands and water.”

That said, we know that when it comes to indigenous engagement, a higher bar must still be met. Our government will be announcing how we intend to meet that bar in the coming days.

Finally, the committee recommended that we establish the right policy framework to ensure a competitive oil and gas industry. We agree, which is why we are continuing to work towards a Canadian energy strategy together with our indigenous, provincial and territorial colleagues. It is why, through the Vancouver declaration, Canada's first ministers committed to working on carbon sinks and other measures under the pan-Canadian framework on clean growth and climate change.

That is why we have done what 42 other countries and 25 subnational jurisdictions have done: put a price on pollution. It is something the United Nations has called a necessary and effective measure to tackle the climate change challenge.

Taken together, our actions constitute an unprecedented level of support for the oil and gas industry, all while demonstrating that economic development and environmental prosperity can indeed go hand in hand.

The opposition issued a dissenting report and I will address it directly.

The report calls, among other things, for clear timelines for assessments. I suggest that members opposite read Bill C-69, which provides predictable timelines and clear expectations. This would allow proponents to better plan and engage earlier, leading to stronger proposals and greater certainty. The opposition's report also recommends that we encourage our national regulators to “make evidence-based decisions independent of government politicization”.

This concern for evidence-based decision-making is a welcome change of pace in Canada.

I can guarantee my opposition colleagues that we truly value science, facts and evidence. I am also pleased to mention that the dissenting report calls on the government “to publicly and unequivocally support strategic energy infrastructure approved by the national regulators”. Of course, that is exactly what we did by approving the Line 3 replacement project.

Finally, the report calls on the government to promote Canada's regulatory framework by instilling “public confidence in our national regulators”. We agree, which is why we built on the work of the National Energy Board to create a modern, world-class regulatory body for the 21st century, an organization that has the independence and accountability needed to oversee a solid, safe and viable energy sector, an organization that includes new public engagement and indigenous reconciliation processes, all while ensuring that good projects get the green light.

I will conclude by saying that I am always happy to talk about everything our government is doing for the oil and gas industry. We know that it is a vital contributor to our economy and an important part of our future. The fact is that the recommendations in this report are already being implemented. Our government will continue to look forward, towards a very bright future for our oil and gas industry and towards the prosperity it will help ensure for all Canadians.

Trans Mountain Pipeline Project ActPrivate Members' Business

September 21st, 2018 / 2:05 p.m.


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Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, I am very pleased to rise today to add my comments to this very important debate on S-245. I would like to note the comments of my colleague for Lakeland as she kicked off the debate. She very articulately laid out this project, the time frames and some of the history. I will not redo what she said but I hope to add some new comments to the debate which should be reflected upon.

Even though the landscape has changed since this initial private member's motion in the Senate was introduced, passed and moved to us, it still remains a very important bill for us to pass in the House. Again, the landscape has changed considerably, but we must and should pass it.

I know that in an ideal world we would not have any dependence on fossil fuels. However, we continue to have that dependence. It is not just the gasoline for our car or the jet fuel for the planes that fly us to Ottawa and back home. Over 6,000 products require the use of oil.

In the short and medium term, the world, not just Canada, will continue to rely on oil and its products. I do have a belief that there will be technological advances that will create some solutions.

Dave McKay, the president of RBC, said, “Canadians are polarized about oil and gas when we should be focused on how cleanly we can produce it, how safely we can transport it and how wisely we can consume it.” Those are very important words.

Alberta is working very hard on how to cleanly produce. The discussion we are having today is how we can safely transport and then it is up to every individual to look at how wisely to consume it.

The government has decided to put all its eggs into one basket. The tanker moratorium simply means that people from Lac du Ronge and Eagle Spirit have been cut off, with no consultation on the opportunities they thought might be there for their communities. Of course, that would be a northern route. This bill is currently in the Senate. Again, it cuts off opportunity to get oil to the sea water.

Bill C-69 has been called the “never build another pipeline again” bill. I tend to agree. Changes proposed in Bill C-69 mean that another pipeline will never be built in Canada again. That is a huge problem. We can look at what is happening in the States and across the world. We basically have landlocked resources. In the short and medium term, we will be uncompetitive.

Having a “no pipeline” bill is important. However, what people do not realize is this. Look at the rail traffic. I live on a rail line. I was at a ceremony this week for a change of command for the Rocky Mountain Rangers. Fifteen metres from us was a rail line, which goes straight through Kamloops. Tanker car after tanker car travel right through town and along the Fraser River. It had already come down the Thompson River while salmon were spawning.

When we talk about transportation safety, it is relatively safe. However, it is more safe to transport oil through a pipeline than by tanker cars, which travel right through the middle of town and along the spawning channels. We have had wildfires. We have seen the instability of slopes when rains come. We are having washouts. There is big concern about the enormous increase in the tanker cars that go through our communities.

This does not even address the issue that we hear all the time from our grain farmers and mining folks about the bottleneck on the rail lines. As the rail capacity increases for tanker cars to transport oil, we bottleneck our supply system, our supply chain. This is a huge problem.

Northern gateway and the TMX is really a tale of two pipelines, because it has been largely decision-making by the current government.

Northern gateway went through its process and it was approved by the former government. A court decision came out and it was very clear. The Liberal government received that court decision. It said that some things needed to be done to improve consultation with first nations.

The decision was received by the current Liberal government. Every time those members suggest that they inherited a flawed process, it is quite clear that it was not the process but it was the execution of the process with northern gateway. It became much clearer that they did not learn any lessons after reading that report, in spite of the fact that they said they had. The Liberals completely botched their execution with respect to the duty to consult on the Trans Mountain pipeline.

The first decision said they could not simply be a note-taker. The Liberals had that information. What did they do? They sent someone to take notes. How is that looking at a decision and implementing it?

The minister stood up time after time and said that there was no relationship more important than the government's relationship with first nations. He said they were engaged, that they have had the best process ever, and yet his government did the exact same thing. Someone was sent to take notes and the government did nothing in terms of dealing with the issues at hand.

The Liberals failed. They failed as plaintiffs. Six communities took them to court with respect to the duty to consult. More important, they also failed 43 communities that had benefit agreements and were looking forward to the opportunities that would come with the construction of this pipeline going through their territory.

About one-third of the pipeline goes through the riding that I represent, which includes many communities as well as many first nations communities, the majority of which had signed benefit agreements.

After the decision came down I met with a number of first nations and other communities. One group had to completely redo its budget. It had counted on the benefits from this agreement. This group had to wonder what it could slice and dice out of its budget because it was faced with brand-new circumstances.

I met with another group called Simpcw Resource Group. As construction happened, and in the past, this company had been responsible for returning the disrupted land from the construction of a pipeline back to its natural vegetative state.

Companies are planting trees as we speak, planning on the economic opportunities. Construction camps are being planned. Cooks were looking forward to opportunities. These are real people. These are real jobs.

The fact that the Liberal government could not look at a court decision that came to them in 2016 and do the job properly is absolutely shameful. It failed to execute. When the government says it had a flawed process given to it, it is absolute nonsense. The government was told what it needed to do in order to do it properly. Please, do not ever let them say they were provided with a flawed process. The court decision was absolutely clear that the process was appropriate, it was the execution that was flawed.

This are real consequences to real people. This matters. I hope that when people look at this they will look at it as a benefit for Canada, not for the benefit of a small area only. This would benefit all of Canada.

I encourage all members of the House not to just look at their concerns and interests but to look at the big picture, look at it for the benefit of Canada.