The House is on summer break, scheduled to return Sept. 15

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

Bill C-69—Time Allocation MotionImpact Assessment ActGovernment Orders

June 6th, 2018 / 7:20 p.m.


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Liberal

Catherine McKenna Liberal Ottawa Centre, ON

Mr. Speaker, I am very pleased to talk about Bill C-69. While we might not always agree on every point, it is important to note that the committee passed a number of opposition amendments and there were a significant number that received unanimous support. I would like to highlight some of those.

There was a key amendment proposed by the member for Saanich—Gulf Islands that was supported by committee members. It clearly reflected the government's strong commitment to science, and it was clearly very important. Liberal members also took into account NDP amendments in drafting the amendments. The member opposite spoke about reflecting the importance of the UNDRIP. That was really key.

Many amendments in relation to indigenous peoples were passed. This bills clarifies that indigenous knowledge would be considered and would not be limited to traditional knowledge of indigenous peoples. A number of amendments would strengthen the protection of indigenous knowledge. We know this is very important to indigenous peoples.

There were many other amendments that I am sure I will have the chance to talk about.

Bill C-69—Time Allocation MotionImpact Assessment ActGovernment Orders

June 6th, 2018 / 7:15 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, here we go again with time allocation.

Now that I have the minister in the House, I have a question for her. Last week the minister and her government voted in support of Bill C-262, an act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples. The member for Edmonton Strathcona moved roughly 25 amendments at committee to make sure that this bill actually lives up to what the Liberals did last week, and every single amendment was voted down by the Liberals. She now has several motions at report stage that seek to bring this bill in harmony with the UNDRIP.

Will the minister be consistent with her vote last week and support these amendments to make sure that Bill C-69 lives up to the provisions of what she voted for in voting in favour of Bill C-262, yes or no?

Bill C-69—Time Allocation MotionImpact Assessment ActGovernment Orders

June 6th, 2018 / 7:15 p.m.


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Ottawa Centre Ontario

Liberal

Catherine McKenna LiberalMinister of Environment and Climate Change

Mr. Speaker, I would like to thank the hon. member and all members of the committee for their very thorough review of Bill C-69 and the many thoughtful amendments.

The committee heard from over 80 witnesses and reviewed over 150 submissions over two months, and the quality and scope of the amendments speak to the rigour with which they reviewed the bill. I am very pleased to say our government is supporting these amendments.

We need to do better. Canadians elected us because they wanted to make sure we demonstrated that the environment and the economy go hand in hand. With Bill C-69, we knew we needed to rebuild trust that was sorely lacking because of the Conservatives' actions in gutting our environmental assessment process, so I am very pleased that we have come together and are going to be able to rebuild trust, because it is so critical that we get good projects going ahead after a thorough environmental assessment.

Bill C-69—Time Allocation MotionImpact Assessment ActGovernment Orders

June 6th, 2018 / 7:15 p.m.


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Conservative

Robert Sopuck Conservative Dauphin—Swan River—Neepawa, MB

Mr. Speaker, as a member of the environment committee who has been involved in the discussion and debate on Bill C-69, I have never been so appalled in my entire life at how bad this particular bill is.

For example, Chris Bloomer, the president of the Canadian Energy Pipeline Association, likened Canada's regulatory environment to a toxic regulatory environment.

Recently Don Lowry, past president and CEO of Epcor Utilities, wrote a piece in the Edmonton Journal on June 5:

Investor flight from energy sector is a national embarrassment

Over the last few years, a thicket of regulatory approvals and processes, both provincial and federal, have crept into place, effectively suffocating through delay and denial anything getting timely approval.

As someone with an environmental background who has worked in pipeline assessments, I can assure the minister that every single pipeline in Canada is built to the highest environmental standards.

Why is the minister piling unnecessary regulations on the Canadian energy sector and denying Canadians the economic opportunity that they need to build this country?

Bill C-69—Time Allocation MotionImpact Assessment ActGovernment Orders

June 6th, 2018 / 7:10 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

moved:

That in relation 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, not more than five further hours shall be allotted to the consideration of the report stage and five hours shall be allotted to the consideration at third reading stage of the said bill; and

That, at the expiry of the five hours provided for the consideration of report stage and at the expiry of the five hours provided for the consideration of the third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the said stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.

Criminal CodeGovernment Orders

June 5th, 2018 / 11 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I wonder if there is any sign from the government that the bill will receive due consideration and will not be rushed through committee. I heard the hon. member for Mount Royal say a moment ago that there was an invitation to encourage people to be witnesses.

Recently, and particularly on the omnibus bill, Bill C-69, we went through rushed hearings during which we could not hear from many witnesses and we could not debate all the amendments during clause-by-clause consideration.

I will not go through the many examples of that, but could the member assure the House that the bill will be thoroughly studied? We are at second reading. I think we can all agree that it does some good things, but it needs a lot of work. Is that possible at this point? I thank the member for any light he can shine on that process question.

Bill C-69—Notice of time allocation motionImpact Assessment ActGovernment Orders

June 5th, 2018 / 9:20 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the report stage and third reading stage of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts.

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

Instruction to Committee on Bill C-71Routine Proceedings

June 4th, 2018 / 7:30 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, this evening, we were hoping to debate Bill C-69. It is on the government's agenda. Why does my colleague and friend across believe that the Conservative Party voted for a number of hours today and then brought in a motion of this nature? It seems to me they do not want to debate Bill C-69. Do they support the bill or not?

Opposition Motion — United Nations Declaration on the Rights of Indigenous PeoplesBusiness of SupplyGovernment Orders

June 4th, 2018 / 12:45 p.m.


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NDP

Sheila Malcolmson NDP Nanaimo—Ladysmith, BC

Madam Speaker, while the government breaks promises at an increasing rate of speed, the whiplash is extreme. A week ago, the government agreed with my colleague, the member for Abitibi—Baie-James—Nunavik—Eeyou, and now the parliamentary secretary has said that the government is not going to support the motion.

A solemn promise was made on Vancouver Island during the election campaign that the Prime Minister was going to redo the review for the Kinder Morgan pipeline project. I heard that a lot of people voted for him on that basis. The Prime Minister did not do that, but instead he added a ministerial panel. Whenever we ask about this in question period, the minister tells us that the ministerial panel, a process that had no recorded minutes, no translation, was badly organized, and where most of the content was about how bad the NEB review was, made recommendations. The question it asked back to the Prime Minister was, “How might Cabinet square approval of the Trans Mountain Pipeline with its commitment to reconciliation with First Nations and to the UNDRIP principle of “free, prior, and informed consent?”

Can the parliamentary secretary give any evidence that the advice has been taken? Why on earth, if she so believes in UNDRIP, has she not built it into Bill C-69, the Canadian energy regulator—

Opposition Motion — United Nations Declaration on the Rights of Indigenous PeoplesBusiness of SupplyGovernment Orders

June 4th, 2018 / 12:30 p.m.


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Northumberland—Peterborough South Ontario

Liberal

Kim Rudd LiberalParliamentary Secretary to the Minister of Natural Resources

Madam Speaker, the sanctimony of the member for Skeena—Bulkley Valley is quite something.

Before I begin my remarks today and speak to the motion by the hon. member for Abitibi—Baie-James—Nunavik—Eeyou, I want to take a moment to congratulate him on the passage of his private member's bill in the House last week. Bill C-262 is a fitting tribute to, and a crowning achievement in, his lifetime of work promoting and defending the rights of indigenous peoples. It is a bill inspired in part by what he endured as a former student in the Indian residential school system, and by his determination to reconcile with those who had, as he says, put him away for 10 years. It is a bill that speaks to those without a voice, and it is a bill that reflects his own remarkable courage, perseverance, and selfless public service.

I know that the member opposite often says he was not alone in his pursuit of justice, but there is also no denying that his decades long journey exacted a heavy toll on him, not just in terms of his endless and exhausting hours of work, but in the personal sacrifices too, including precious time lost with loved ones. We are forever indebted to him for this, and all members on this side of the House are honoured to have supported his bill. In fact, our only regret about Bill C-262 is that it did not pass in the House unanimously. History will almost certainly question the bill's opponents harshly, but I will leave it to them to explain their position to Canadians.

Today, the hon. member opposite asked for our support again with a motion that builds on Bill C-262, a motion that among other things asks all members to reaffirm their support for the United Nations Declaration on the Rights of Indigenous Peoples, and to advance a nation-to-nation approach that respects the right of indigenous peoples to self-determination. Our government is readily willing to do both, as we have many times before. We share much in common with the hon. member, more perhaps than he may even realize, but I will get to more of that later.

Where we differ is on the Trans Mountain expansion pipeline. Our government's decision to approve the $7.4-billion project, as well as our announcement last week to secure the existing pipeline and ensure that its expansion proceeds, has never, ever been about choosing sides or putting one province ahead of another, or one indigenous community before another. Instead, it has always been about Canada's interest. That includes the rights of all Canadians and the rights of indigenous peoples. It is our responsibility and within our jurisdiction to work in close partnerships with provinces and indigenous peoples, to consult and engage as the crown, and to act in the national interest to ensure the stability and growth of the Canadians economy, and to get our resources to market sustainably and competitively.

The TMX pipeline is part of that. It is in Canada's national interest as a result of the most in-depth indigenous consultations ever done in this country on a project; as a result of a significant number of letters and submissions from the Canadian public; and also because of the thousands of good, well-paying jobs it will create, the better prices it will ensure for Canadian oil, and the increased government revenues at all levels that will follow. All the while, our government is making unprecedented investments to enhance environmental protection and support indigenous participation.

To understand all of this and how we have arrived at where we are today, it is helpful to look back at where we started. From the moment our government was sworn into office, we made it clear that there is no relationship more important to Canada than the one with indigenous peoples. We have heard the Prime Minister say that many times in the House and elsewhere. He wrote it in the mandate letters of every federal cabinet minister, and he made it a central pillar of our government's vision for this clean growth century, starting with the Speech from the Throne, which was delivered exactly two and a half years ago today.

I want to read an excerpt from the throne speech so that Canadians can appreciate how it has guided our every action over the past 30 months. It reads:

Because it is both the right thing to do and a certain path to economic growth, the Government will undertake to renew, nation-to-nation, the relationship between Canada and Indigenous peoples, one based on recognition of rights, respect, co-operation and partnership.

It is because of that perspective that we fully endorse the United Nations Declaration on the Rights of Indigenous Peoples, and why we are acting on the calls to action of the Truth and Reconciliation Commission, and why the Prime Minister appointed a working group of ministers last year to review all laws, policies, and operational practices related to indigenous peoples.

In short, our government's efforts are cut from the same cloth as the hon. member's Bill C-262, and they go even further in ensuring that the crown is meeting its constitutional obligations regarding aboriginal and treaty rights. We are adhering to international human rights standards, including the UN declaration. We are supporting the implementation of the Truth and Reconciliation Commission's calls to action and we are doing all of these things in collaboration with indigenous peoples.

The result is that this past February the Prime Minister announced a historic new approach for renewing the relationships between Canada and first nations, Inuit, and Métis people, one that underscores that true reconciliation must start with the recognition and implementation of indigenous rights. Our government is doing this by developing a new recognition and implementation of rights framework, a framework that is being co-developed through national engagement to rebuild indigenous governments and nations and to support a path toward self-determination.

One of our government's earliest expressions of this new approach was the introduction of Bill C-69, which transforms the way Canada reviews major new resource projects by co-developing with indigenous partners a direct and permanent role in impact assessment and regulatory process from beginning to end, which brings me back to the Trans Mountain expansion project.

One of the first things our government did in coming to office was to launch a new interim approach to environmental assessments and regulatory reviews in Canada, an approach based on five guiding principles that included more meaningful consultation with indigenous peoples and explicit inclusion of indigenous knowledge. Then, to enable even more voices to be heard, the Minister of Natural Resources appointed a special ministerial panel to travel up and down the length of the proposed pipeline's route, holding additional hearings beyond the National Energy Board's own regulatory review.

We heard through our engagements with indigenous peoples and non-indigenous Canadians in Alberta and British Columbia and across Canada that the project is in the national interest, that the jobs and revenue are needed, and that the risks can be mitigated. However, we also heard that we needed to manage the risks of the project very closely, which is another reason why we launched our country's single largest investment to protect Canada's oceans, marine life, and coastal communities, a $1.5 billion investment that will strengthen the eyes and ears of our coastlines, the longest in the world.

It will enhance our response capabilities in the unlikely event of a spill and ensure that coastal and indigenous communities are at the forefront of development and implementation of the plan.

It is also why we invested in and co-developed an indigenous advisory monitoring committee for the TMX pipeline, the first committee of its kind in Canada to help oversee the safety of a major energy project through its entire life cycle. Indigenous participation in this advisory and monitoring committee includes representatives that both support and oppose the project. This partnership and diversity of views is essential to advance our shared goals of safety and protection of the environment. As a result of these efforts, indigenous voices will be at the forefront, their counsel sought, their knowledge valued, and their rights protected. It is the beginning of a new way of managing resources.

As Chief Ernie Crey of the Cheam First Nation has said of the advisory and monitoring committee: “Indigenous people won't be on the outside looking in. We'll be at the table and on site, to protect our land and our water.” He is right.

The Prime Minister has said that the true measure of any relationship is not whether we all agree, but how we move forward when we do not agree. That is where our focus is.

When our government approved the TMX pipeline, we knew there would be Canadians who would disagree vocally and sometimes vehemently. That is the nature of a healthy and fully functioning democracy. Major energy projects can be controversial. They can divide political parties, as we have witnessed with the Alberta and British Columbia provincial governments who share the same political stripe. These projects can also divide indigenous communities that hold aboriginal and treaty rights protected under our Constitution. Look at those who support and those who oppose this project. There are Canadians who feel so deeply about these things that they will protest in the street and get themselves arrested, as two members of Parliament already have. This right to protest is a cherished Canadian liberty. We live under the rule of law.

I will now return to where I began in my remarks. I opened by commending the hon. member opposite for the passage of his bill, Bill C-262, and I suggested that he shares more common ground with our government than he may realize. There is a very good reason for believing that. It is because of something he said in February when he appeared before the Standing Committee on Indigenous and Northern Affairs to discuss his private member's bill. At that time, the member for Pontiac asked the hon. member opposite if he could articulate any distinction between free, prior, and informed consent, and a veto. I will quote the hon member for Abitibi—Baie-James—Nunavik—Eeyou at length because, as a lawyer, he displayed his great grasp of the law. The hon. member said:

I think the distinction is an important one and we need to understand that in this country. The right to free, prior, and informed consent, like all human rights, not just the human rights of indigenous peoples, is a relative right. You need to balance that right with the rights and interests of others, which veto does not do. Veto is an absolute thing, and I don't think our court system, constitutional or otherwise, would ever take that kind of view. That's not how our Canadian legal system works and that's not how the international law system works either.

The member's explanation is one of the best I have every heard. It is also consistent with one of the most frequently cited interpretations of what free, prior, and informed consent means, as developed by the former UN Special Rapporteur, James Anaya. Mr. Anaya said that consent “should not be regarded as according indigenous peoples a general 'veto power' over decisions that may affect them”. Instead, the overarching objective of free, prior, and informed consent is that all parties work together in good faith to make every effort toward mutually acceptable arrangements, thereby allowing indigenous people to “genuinely influence the decision-making process.”

This is the approach our government took in reaching its decision to approve the Trans Mountain expansion pipeline.

The member opposite is correct in noting that there are indigenous communities that oppose the project, including six indigenous groups that are exercising their rights in court. There are also 43 rights-bearing indigenous communities along the length of the proposed expansion route who have signed mutual benefit agreements that will create real opportunities in those communities, 32 of which have submitted letters of support. These signified partnership agreements reached between the company and communities go beyond the government's consultation and beyond the 157 conditions of the project that must be in place before operation.

In addition, the Minister of Finance has noted that since we announced our decision to purchase the existing Trans Mountain pipeline and proceed with its expansion, many investors have already expressed interest in the project, including indigenous groups.

Overriding the consent of those indigenous peoples who support the project or the majority of Canadians who are also in favour of its proceeding is not the solution here, but the contrary. It would go against the intent and spirit of the hon. member's motion.

The goal of free, prior, and informed consent is to ensure a holistic approach to interests through transparent processes aimed at building consensus.

It is the same goal at the heart of our current legislation to modernize Canada's environmental assessments and regulatory reviews. It highlights the importance of everyone in this House to support developing a recognition and implementation of indigenous rights framework that makes enshrining the United Nations Declaration on the Rights of Indigenous Peoples real and meaningful, and that will fully support indigenous peoples in their path to self-determination.

How we manage and develop our national resources speaks to who we are as Canadians and the values that define us. Decisions like these are not always easy, popular, or indeed straightforward. I know the member opposite understands that as well as anyone. He has dedicated his life to advancing reconciliation through inclusive and sustainable resource development. We share similar visions; we have the same goals.

While I cannot support the member's motion as it is worded today, I believe we are all well begun with better rules to build a better Canada, one that our children can inherit with pride and build with confidence.

Opposition Motion — United Nations Declaration on the Rights of Indigenous PeoplesBusiness of SupplyGovernment Orders

June 4th, 2018 / 12:10 p.m.


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NDP

Linda Duncan NDP Edmonton Strathcona, AB

Madam Speaker, my colleague brought forward Bill C-262, which was passed by the majority in this place. My colleague's bill would now require that the government reflect the United Nations Declaration on the Rights of Indigenous Peoples in all federal government legislation. I would welcome my colleague's comments on this.

On two occasions, I have brought forward amendments for the government to include in new legislation coming forward, including Bill C-57, which would amend the Sustainable Development Act; and Bill C-69, which would transform our entire major project review process. The Liberal government turned down more than a dozen proposals to include the UNDRIP in that legislation. I wonder if the member could also speak to this.

The government seems to want to give the illusion that it supports all the TRC calls to action. It is giving the illusion that it now supports the UNDRIP, but in its actions, it does not seem to be delivering on that promise, also as pointed out recently by the Auditor General of Canada.

Indigenous AffairsOral Questions

June 1st, 2018 / 11:40 a.m.


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NDP

Linda Duncan NDP Edmonton Strathcona, AB

Madam Speaker, the Auditor General has chastised the government for failing to address matters of significance to first nations, in particular those living on reserves. In assessing well-being, he reports that the government failed to consider health, environment, language, and culture, coupled with failed meaningful engagement. These are basic rights accorded under the UNDRIP and the UN sustainable development goals that the government professes to endorse.

Why then did the Liberals oppose our amendments to Bill C-57 and Bill C-69 intended to extend those very rights and duties?

Business of the HouseGovernment Orders

May 31st, 2018 / 3:30 p.m.


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Notre-Dame-de-Grâce—Westmount Québec

Liberal

Marc Garneau LiberalMinister of Transport

Mr. Speaker, I would encourage the opposition House leader to speak to the government House leader on the questions that she has just raised.

In the meantime, this afternoon we will continue with report stage of Bill C-74, the Budget Implementation Act, 2018, No. 1.

Following this debate, we will turn to Bill C-47, the arms trade treaty, also at report stage.

Tomorrow morning, we will begin third reading of Bill C-57, an act to amend the Federal Sustainable Development Act. Monday and Wednesday shall be allotted days. Next week, priority will be given to the following bills: Bill-C-74, budget implementation act, 2018, No. 1; Bill C-69 on environmental assessments; Bill C-75 on modernizing the justice system; and Bill C-47 on the Arms Trade Treaty.

Federal Sustainable Development ActGovernment Orders

May 30th, 2018 / 8:40 p.m.


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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Mr. Speaker, there are a series of policy decisions the government has taken, some legislative, some regulatory. We could talk about the tanker ban off the west coast. It was totally a political decision, not based on very much of any science. It hurt the prospective investment decisions that companies were going to make in Canada. We could talk about the carbon tax, which seriously hurt the cost of living for all Canadians, because we are all paying higher taxes now.

We could also talk about decisions, such as Bill C-69, which did immense damage to the regulatory process. In fact, if I remember correctly, a very senior official at Suncor, I believe it was the CEO, said that no new project would be built under that model because it gave the Minister of Environment and Climate Change so much power to cancel projects.

What company could be blamed for not wanting to take on an immense amount of risk? At the end of the day, the board of directors and executive teams are responsible to the shareholders who invested in it. I would not invest in Canada either if I were being told by the members opposite that I would have to jump through as many hoops and they would decide afterward if I did it well enough.

Extension of Sitting HoursGovernment Orders

May 29th, 2018 / 7:55 p.m.


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Conservative

Ed Fast Conservative Abbotsford, BC

Yes, Bill C-69. Thank you.

As we were going through all of these amendments, with each one it was funny to see the rep from the Prime Minister's Office running up behind the Liberals and telling them how they should be voting, telling them how they should be dealing with the issue. They had been told that with 100 amendments yet to be considered and debated at committee, they were going to cut off debate and vote on those amendments without any further debate. It was to be just up-and-down votes on each one, without our being able to share our views on them.

I would throw that back to the member, whom I do respect and who has had a taste of the environment committee. How can he say that there has been this tremendous reform of our committee system when nothing could be further from the truth?