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 was last introduced in 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.

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 the Library of Parliament. You can also read the full text of the bill.

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

Criminal CodeGovernment Orders

December 6th, 2018 / 1:20 p.m.


See context

Conservative

Erin O'Toole Conservative Durham, ON

Mr. Speaker, I would like to thank my colleague from London who spoke earlier and all members for their comments on Bill C-51 today.

At the outset, because I have some time today to give a bit of a longer speech, I want to address the fact that I am troubled that in government, the Liberals are doing exactly what they said they would not do when they were in opposition. In fact, this is our second omnibus justice bill.

I know my friend from Winnipeg, the deputy House leader of the Liberal caucus, likes when I quote some of his outrage in the past Parliament about the use of omnibus bills. However, when it comes to justice omnibus bills in particular, I think the need for a lot of these provisions to be considered independently is the best way to go.

Although the bill is certainly not as long as the government's latest budget implementation act, at 850 pages or more, weaving together a variety of unrelated things in the form of one bill, here we have another substantive piece of justice legislation being presented in an omnibus bill.

Breaking it down, there are some good parts and some parts we certainly have some challenges with. I would like to use my opportunity, if I may, to highlight both the good and the bad.

The good is that as a Parliament, we need to show that we can speak with a united voice with respect to zero tolerance for sexual assault and not respecting the consent of an individual in the case of sexual relations of any kind. Therefore, I think it is good that we are having a fulsome discussion on this part of the bill today. In fact, several members have quoted from some of the case law that has led to the need for Parliament to weigh in and be very clear that people cannot provide the consent necessary to engage in sexual activities when they are unconscious. We need to send a clear signal from Parliament. I think the Senate amendments actually take away that clarity somewhat, and I am glad we are having the debate here on proposed section 273.1 in the bill.

The Supreme Court case that drove clarity in this area was very clear. It said that it was not possible for people to provide consent if they were not conscious, even if express consent had been provided ahead of time, when they were conscious. I think Parliament needs to be crystal clear that consent evolves and that there has to be the constant presence of consent and respect. That is what this bill is intended to do. In fact, some of the Senate amendments, which would almost create tests with respect to the standards, confuse the issue. There needs to be a clear signal sent that consent has to be constant. I think that is a signal that, as parliamentarians, we have to send.

I can say, as someone of my generation, that the debate on campuses about no means no and all these sorts of things was not taken seriously in the early 1990s. We are still having debates today about it. An accused will try to suggest that consent was provided sometime earlier. If consent was provided in the context of alcohol or substances, and if someone was unconscious, consent could not be provided.

The Supreme Court was clear. I think Bill C-51 and our updates to the Criminal Code send a very clear message. There is no test to be performed. It is a bright line. Everyone, all Canadians, need to show respect and a commitment to consent in the context of sexual assault cases. It is basic respect. We are in the era of the #MeToo movement and discussions about unsafe workplaces. All these things have been positive in making sure that one has a positive obligation, with respect to one's relations with someone else, to make sure that there is always consent present. I think that is clear.

I am also glad that a number of speakers from several parties have referenced Bill C-337, the bill of the former interim Conservative leader, Rona Ambrose, on judicial training in the context of sexual assault trials. The bench comprises a cross-section of society, and those attitudes need education to make sure that judicial standards adhere to the expectations we have as a society of respecting consent.

We know, in Ms. Ambrose's home province of Alberta, the case of Justice Camp, where attitudes toward a victim by the bench showed just how disconnected some may be. The vast majority of the bench would be explicitly mindful of the complainant in those cases, but we have seen cases in recent years that show that judicial training with respect to consent, in the context of sexual assault trials, is needed, as is education for all members of the bar.

As a member of the bar, I am glad that a few years ago, law societies across the country incorporated continuing legal education requirements for lawyers to make sure that they are aware of expectations with respect to consent and the law. The very fact that there would be some reluctance to have same continual legal education for judges in the context of sexual assault cases is troubling. I know that most justices demand that level of CLE, so I hope that the government, in the context of my starting off my speech by talking about some of the positive elements of Bill C-51, pushes Bill C-337 through. It should not matter that it came from a former Conservative member of Parliament, Rona Ambrose. It should not matter that it came from this side of the chamber if it addresses the same elements I am saying I support in Bill C-51 today. Let us hope there is some movement in the Senate so that in the spring, we can ensure that it is an expectation that all members of the bench have that training so they can guarantee an environment of respect for all complainants who come forward.

The provisions in proposed section 273.1 also show that Parliament is clear in its direction with respect to consent always being a requirement, and if there is any uncertainty, we err on the side of complainants. Everyone should know that if circumstances change, be they the context, consciousness, alcohol or these sort of things, prior consent is not sufficient. We have to be crystal clear on that.

This is also similar to Bill C-75, an omnibus justice bill, which I have spoken to in Parliament. I have also spoken to Bill C-77, on modernizing criminal justice within the context of the National Defence Act. I supported a number of measures in that bill. In fact, the previous government introduced Bill C-71 in the last Parliament to try to update the National Defence Act and the treatment of criminal conduct by members of the Canadian Armed Forces. That is still in a state of flux. All these bills, particularly because they deal with the rights of the accused and the rights of the victims or complainants in these cases, should be given specific attention and not be put into omnibus bills.

I would like to speak for a moment about the fact that this bill is part of the process of requiring a charter statement from the government with respect to legislation before the House of Commons. I have some concerns about that approach, in two ways. First, I am worried that it may send some sort of chill to suggest that the government is trying to inoculate itself by saying that it reviewed the bill ahead of time and has a charter opinion on it, meaning, therefore, that we cannot raise charter concerns or that there is no reasonable basis to have concerns about its validity under the charter by groups that may be impacted by the decision of this Parliament.

The very nature of the charter itself was to give a back and forth test with respect to the will of Parliament, and the ability for the court to determine whether fundamental charter rights were breached directly or indirectly by legislation in the context of enumerated groups under section 15 of the charter, are expressly contained within the charter, or are analogous ground groups, provided by subsequent court decisions.

The balancing test under section 1 of the charter, the Oakes test, which I learned in law school and is some of the first charter jurisprudence, is that balancing of the charter. By issuing a charter statement, I am quite concerned the government is trying to suggest it is doing its own Oakes test, its own charter examination of issues at the time it is passing legislation. I am not suggesting it will cause chill, but I have not have heard an argument from a member of the government bench to suggest this is any different than any government since the mid-1980s, when the charter came into effect.

Suggesting that the seal of approval for the charter is granted by one of these statements is simply ridiculous. It is up to the court to provide that reasonableness and those limitation tests under the provision of section 1 of the charter, which allows a charter right to be violated by legislation, but applies a reasonableness and balancing test to it since the Oakes jurisprudence started.

I will give a couple of examples of why I have this concern. In this Parliament, we have seen many instances of the government acting in a way I firmly believe violates the charter rights of many Canadians. This is germane because just today, shortly before we rise for Christmas, the government is reversing its position on the so-called values screen for Canada summer jobs.

We all know the controversial values test was applied for the first time in the history of this summer employment plan for youth as a clear way the government intended to exclude faith-based organizations and other service organizations from funding related to students. There were concerns from a charter basis expressed from day one when it came to the values test. Is the government suggesting, with its charter statements, that its actions on a whole range of decisions are somehow inoculated because it is providing a charter assessment? That is political theatre. It cannot provide its own charter assessment. It tries to craft legislation that it feels strikes the right balance, but the actual charter determination is not made in this chamber, which writes the laws, but in other courts.

We bow to the Speaker. We have a bar. This is a court. We write the laws, but we do not adjudicate our own laws. This is a very big distinction I have not heard the government express any clear indication on yet.

I will use another example. There have been several violations, in my view, of indigenous peoples' rights with respect to the duty to consult. In fact, I believe Bill C-69 violates that duty. We can look at the approach the government has taken on the cancellation of the northern gateway pipeline, which is one-third owned by indigenous groups. The duty to consult is not frozen in time. It does not exist 10 years before one develops a pipeline or cuts trees in a forest. If one decides to change the circumstances of that consultation, or cancel something that indigenous peoples are a one-third owner of, one has a duty to consult them on the cancellation. This is an ongoing duty.

The fact that the government may have a piece of paper that says this is our charter statement, this is our validation that the bill conforms with the charter, is political and inappropriate, because the government is suggesting this legislation will withstand any judicial scrutiny before the judicial scrutiny is applied. The government is suggesting that this is A-okay. That is not the way it works.

I invite the Minister of Justice and Attorney General and the parliamentary secretary to walk a little past the Confederation Building on the Hill to a building called the Supreme Court of Canada. It is there that the Oakes test was born, the Oakes test where the section 1 charter clause was.

As I have said, the values test that the government did to politicize the Canada summer jobs program would not be inoculated because of a government-produced charter statement nor would some of its actions with respect to Bill C-69, Bill C-75, Bill C-77. These are court determinations.

I do not have any proof because the charter statement concept is part of the government's justice reforms, including in this legislation, but I do have serious concerns that it will send a chill to suggest that the government will not consider valid concerns people have with respect to their charter rights.

I would like subsequent members of the Liberal caucus, particularly the ministers or the parliamentary secretaries, to provide a substantive rationale for their approach with respect to the charter statements. Are they somehow suggesting that previous governments, both Conservative and Liberal, have somehow not conformed to the charter by doing exactly what we are supposed to do as a Parliament, which is to try and find the right balance between the will of the people and certain provisions within the charter? That is done by a court using the Oakes test, doing the balancing. Producing a charter statement does not protect the government from criticism.

As I said today, days before Christmas, the government suddenly admits that its approach on the values test for summer jobs is wrong. This is much like days before Christmas last year, when it broke its promise to veterans on the return to the Pension Act. The Liberals make very good use of the pre-Christmas period not just for parties, but for dumping out their dirty laundry.

I would like to thank the thousands of Canadians from across the country and many of my colleagues in this chamber for representing the charter rights of millions of Canadians with respect to the conduct of the Canada summer jobs program.

Why I am focusing on this part of the bill is because we have to make sure that Canadians, members of the media and members of both Houses of Parliament do not get fooled by the fact that the government validating its own legislation under the guise of charter approval is not actually charter approval.

I am hoping in the remaining debate we can actually hear a cogent argument from the Liberal caucus on this. Otherwise, it seems to be more of the sort of media spin that we hear from the government.

The Prime Minister just yesterday, while leaning on his desk acting like a professor, told the opposition what we should ask and what we should criticize. We know full well what we should ask and we know where our criticisms and critiques are warranted.

Quietly, when the House does not sit, the Liberals backtrack on things, like they did today on the summer jobs values test, like when we rose for Remembrance week, and Miss McClintic, another justice consideration, was quietly transferred to a prison as we had been demanding, and as the break week happened Statistics Canada suddenly pulled back its program.

Like the Chris Garnier criticism, the non-veteran murderer who is receiving treatment funds from Veterans Affairs Canada, on most of the criticisms we have been raising even though they make the Prime Minister uncomfortable, the Liberals have backtracked. We have been doing our job quite effectively.

In the remaining time for debate, I would like one of the Liberal members to stand up and provide a context and a rationale addressing my concerns in regard to charter statements with respect to the bill before us and others.

As I said at the outset, we support the amendments and update of our Criminal Code with respect to sexual assault.

Shannon Stubbs Conservative Lakeland, AB

Thank you, Minister.

This is why I raise this. I just returned from New Brunswick. New Brunswickers want a west-to-east pipeline, as do Canadians right across the country, and certainly the provinces of Alberta, Saskatchewan, Manitoba and Ontario. The energy east application was submitted in October of 2014. In January, 2016, your government froze all those applications, including the energy east application. Then a year and a half later, in August, 2017, it was announced that both upstream and downstream emissions would be applied as a condition to the energy east application.

It was at that point shortly after that TransCanada said specifically that the significant changes to the regulatory process might make the application for the energy east pipeline untenable.

A month later, they were forced to abandon the application for energy east. The reality is that downstream emissions have only ever been applied to the energy east pipeline application by your government, in order to kill it. If it was needed in that case, why would it not be included in Bill C-69? If a proponent comes back to the table for a west-to-east pipeline, will you ensure that downstream emissions do not apply as a condition for its approval and review?

Amarjeet Sohi

If you allow me, Mr. Chair, we have been very clear. Premier Notley has raised the issue of downstream emissions with other governments. I have met with the environment minister from Alberta, Minister Phillips. We have been absolutely clear that downstream emissions will not be part of Bill C-69 or any new environmental process that we are putting in place.

Shannon Stubbs Conservative Lakeland, AB

My question is very clear. Will downstream emissions be included as a condition for pipeline approvals under Bill C-69?

Shannon Stubbs Conservative Lakeland, AB

Will downstream initiatives be included as a condition for pipeline approval under Bill C-69?

Shannon Stubbs Conservative Lakeland, AB

Minister, will upstream emissions be included as a condition for pipeline approval under Bill C-69, yes or no?

Marc Serré Liberal Nickel Belt, ON

Thank you, Minister, and your staff, for being here today. Thank you for leading a department that is really committed, in a government that is committed to natural resources and the mining industry.

Last year, many of our colleagues here attended PDAC in Toronto, the largest mining conference in the world. There was a lot of optimism last year, and this year, with the direction of our government. I also attended round tables on Bill C-69, which was strongly supported by the Canadian Mining Association. Also, I attended last year the launch of the Canadian minerals and metals plan, which was overwhelmingly supportive and very positive.

Also last year at PDAC we heard from the mining industry, which is really looking for certainty on the exploration side. The Conservative government for the last 10 years only extended the mineral tax credit for one year. I want to give you the opportunity to explain what we've done to expand the mineral exploration tax credit.

Also, can you tell us where we are with the minerals and metals plan? When can we expect the final report?

Amarjeet Sohi

The goal of Bill C-69 is to ensure that we have a process in place that improves the transparency of decision-making, allows good projects to move forward in the quickest way possible and allows for the “one project, one review” philosophy. It also gives flexibility to provinces, such that if they want to substitute their own review process for the federal review process, the bill allows them to do so.

This is legislation that is fixing the changes that were made in 2012, which gutted the environmental protection of water and of fish and took away the ability of Canadians to participate in the regulatory process. We saw thousands and thousands of Canadians marching in the streets in 2012, opposing that 2012 legislation. It has really polarized the political atmosphere in Canada, which is not helping our energy sector in any shape or way.

We are trying to fix all those flaws in the process.

Kent Hehr

I think it is important that you pointed out that the 2012 approach they put in place for regulatory matters managed to lead to the stalled approach in which we are today. We're unable to move projects forward to move the nation forward.

Bill C-69 has “one project, one review”. I think this will simplify things and make things clearer. Is that the goal of the legislation, to try to make things smoother, quicker and more efficient?

Amarjeet Sohi

Thank you so much for that question. As I said earlier, I know many people in Alberta who have been struggling for the last number of years, starting with the downturn in oil prices that started in 2014 and has led to thousands of layoffs, families struggling and people worrying about their future and the future of their kids.

We started taking action immediately upon coming into office. We extended stabilization funding of $250 million to the Province of Alberta. We extended EI benefits, beyond regular EI benefits that Canadians qualify for, to 22 weeks, which has led to additional support of $1.3 billion for struggling families during those difficult times.

Now we are taking action on pipeline capacity. Also, Alberta is a province that exports many commodities, including oil and gas, to other countries, so the conclusion of NAFTA is absolutely a benefit to the oil and gas sector. Through those negotiations, we were able to eliminate unnecessary tariffs and fees, resulting in a saving of $60 million per year for the oil and gas sector, particularly the oil sands sector.

We will continue to work to improve our regulatory process. What we have in place has led to failure—a lack of pipeline capacity that we're seeing today, which is causing so much pain and grief and costing billions of dollars that we are losing. That's why Bill C-69 is a very important piece of legislation that will fix the broken system we currently have. It creates a balance between the environment and the obligation to consult with indigenous peoples, at the same time allowing us to grow our economy.

This is a good example of how economic growth and environmental sustainability can go hand in hand. That's exactly what we are focused on, moving forward: to fix the flaws of a regulatory process that we inherited.

Randy Hoback Conservative Prince Albert, SK

Mr. Chair, first of all, I'm going to support this because I think this is very important. I think we need to send a strong signal to the stakeholders that the Prime Minister cares, is listening, and has an idea of where he wants to go and what the end looks like. I haven't heard that from him at all, other than high-level talking points.

He can do lots of things on the tariff removals. As far as the regulations and the removal of Bill C-69 and Bill C-68, for example, there are things he can do that won't cost him any money and would provide stability for small and medium-sized enterprises and the different sectors that are in crisis right now.

I think he should tell Canadians what he is prepared to do. Let's face it, if he's not going to tell us in question period, then he can come to the committee and tell us. Then, if he's not going to tell us there, I'm going to ask his constituents to ask him at every meeting he goes to, and I'm going to ask your constituents to do the same. What's the plan? That's a fair question, because they need to know.

For him to duck away from this would be really bad form. It would show really badly on him as Prime Minister and the leader of our country, and on the Liberal Party and their chances for re-election anywhere outside of maybe one or two ridings.

I would strongly encourage my friends across the aisle to get behind this and let this happen, because I think it's very important.

Opposition Motion—The EconomyBusiness of SupplyGovernment Orders

December 4th, 2018 / 4:35 p.m.


See context

NDP

Charlie Angus NDP Timmins—James Bay, ON

Madam Speaker, it is always an honour to rise in this great House and represent the people of Timmins—James Bay. I will be sharing my time with the member for Vancouver Kingsway.

It is important that we discuss the economy in the House. Jobs and our economic vision are fundamental obligations. That said, I have to say that this opposition motion by the Conservatives kind of looks like a dog's breakfast. I can tell we are almost at the time of the House's rising, because this is where they stuff as many things into the hopper as possible, hoping that one of them will stick. It is kind of like a Black Friday sale for backbenchers and right-wing privatizers and privateers, hoping for a flat earth and demanding government intervention in the economy. They get to jump and up and down on carbon tax for the afternoon and then they will go home feeling that they have done their job.

That said, there are some important things in here and I am going to try to go through them so we can actually have a conversation. This is very long. If I read the whole thing, I might not get to make comments.

The motion states, “the House...recognize[s] the severity of the looming job crisis in Canada caused by the failed economic policies of the Liberal government”. That is an interesting point because we are certainly seeing across Canada the rising levels of precarious work, with workers on perpetual contract and suffering from massive levels of student debt. We have a finance minister who is the finance minister of the 1%, along with his former company, Morneau Shepell, which has privatized pensions across the country. With the minister saying in his position as finance minister, his company has taken over files as pensions have been failing, and the government has refused to step in. Therefore, the issue of the crisis facing workers is important.

In my region, we are seeing a very interesting time in the economic development of the resource sector. I will point to Kirkland Lake Gold, which has made a more than $300 million shaft investment in the community, which will pay dividends for decades to come. However, we are also seeing many issues concerning our need for immigration, new families and job training. I would like to see all that in here.

As I read on, none of that stuff is here. What is the issue? Oh wait, it is the, “workers in the energy sector impacted by the Liberal carbon tax”. It is fascinating that the Conservatives raise this today when Rachel Notley stood up and finally said what everyone should have known all along, that the resources of this country belong to the people of this country. Rachel Notley stood up and started to call for a cut in oil production because Albertans were not getting their best share. The Conservatives' response is always to throw more money at the industry, but we have seen that if that industry had invested in upgraders and refineries over the years, it would be in a much better position, like Imperial and Husky and Suncor who did that work. The Conservatives are always wanting a handout without saying that we need to get more efficient. I want to compliment Rachel Notley for saying that we have to take action now in this crisis. It is a much more coherent response than the Conservatives' one of saying, “carbon tax, carbon tax, carbon tax”.

The Conservatives want a “ban on offshore oil tankers”. For the workers on the B.C. coast, where the coastline is worth billions of dollars in economic power, the Conservatives believe that if we just allow tankers up the coastline, it is going to resolve the crisis in the energy sector. It is kind of like this “flat earth” mentality, where two plus two equals one. It just does not make sense.

Let us carry on with the motion, where it refers to “workers in the auto and manufacturing sector”. Certainly that is a good issue to raise after GM walked away. What is the cause of this problem according to the Conservatives? Oh, it is the carbon tax. I find this fascinating, because we have sort of capitalist socialism here, where the Conservatives gave $14 billion to GM and Chrysler with no strings attached and then allowed them to walk away from even paying that back. We saw that when GM walked away from paying its debts, it was threatening its workers at the plants. The CAMI plant is the most efficient plant in North America and GM was still threatening to ship the jobs to Mexico because it knew that the current government and Prime Minister would never stand up for Canadian workers. It does not matter how productive and profitable they are because, as long as GM executives can find a third-world jurisdiction to go to and can pay lower wages, the know they have a government that has their back.

If we are going to spend $14 billion on the auto sector, why was there no auto strategy and commitment, so that when GM said it was going to develop electric cars, which I think is a very positive move, it would benefit Canada? It is just as we saw in the oil sector, when we bought ourselves a $4.5-billion, 65-year-old pipeline because a bunch of Texas investors threatened to leave the country. I would say goodbye, move on.

That $4.5 billion spent for that pipeline could have done amazing work in either upgrading our energy sector or starting us on the transition. However, it is not just that. There are going to be $350 million in capital costs and $2.6 billion in operating costs for three years to buy the locomotives and railcars to help industry move product.

There are other incentives of $2.1 billion to upgrade the petrochemical sector and another $1 billion investment in the feedstock infrastructure program.

Meanwhile, there have been no commitments by the federal government at all to work with Alberta on diversifying the energy economy. The number one place in the world to have green energy is Alberta. Indeed, after talking to workers in the oil patch, where many people from my region work, they are already training and getting ready for a new solar economy. It is happening in Alberta. The federal government is not there.

In Ontario, there are the new, great economic theorists for the right-wing Doug Ford. The first thing he did was cancel a whole bunch of energy projects and then say the province was open for business while watching the massively growing green sector move to other jurisdictions.

I am not finished. There is a whole bunch of other stuff the Conservatives have thrown into this motion. There is the issue of workers in the steel and aluminum sector being impacted by the Liberals' failure in the NAFTA negotiations to have the tariffs removed on those products. That is a good issue to discuss in the House: why upward of half a billion dollars has been collected by the finance minister and there have been no efforts to stand up for workers affected by the countervailing duties on steel and aluminum. It is not just the small business manufacturers across southern Ontario. In my region, both are being hit relentlessly. They are paying the finance minister and no money is coming back. That is something we could certainly talk about. How the heck did the government think it was a good idea to sign this agreement with the United States without standing up for the steel and aluminum workers? That alone was a good thing for us to be discussing.

I will support the Conservatives on their next point, the softwood lumber dispute and the absolute failure of the government to talk about workers in that industry. In my region, the EACOM mills in Elk Lake and Timmins survive because they are incredibly competitive. They are having to be extremely competitive because they are going up against the unfair duties being imposed on them, and the government has shown no interest in the sector. There has been no talk by the Prime Minister on the crisis facing workers in the forestry industry.

I will certainly support those elements in this Conservative dog's breakfast of a motion, but then they refer to all workers impacted by the toxic medley of carbon taxes, taxes, taxes, taxes. What do they say we should do? We should call on the Liberals to repeal the carbon tax and Bill C-69. That bill, for the folks back home who do not know, was the result of the Supreme Court's tossing of the plan for pipeline development by Stephen Harper and the Conservative government because they failed to consult indigenous people. They figure that if there is a motion in the House that says we can ignore indigenous people and constitutional obligations, suddenly the economy is going to move ahead. That is not how it is going to work. However, I certainly support the Conservatives' push on the softwood lumber dispute.

On carbon taxes, the problem with the Liberal government is that it seems to be establishing carbon taxes based on favours and friends. We learned that a coal plant in New Brunswick is only going to pay 92¢ a tonne for pollution. That is not any kind of credible weight to bear when ordinary people are going to be paying a carbon tax. Why are we talking about a price on carbon? The Conservatives believe that if they say it long enough, climate change will go away, but Canadians pay the cost. For example, the $47 billion in abandoned wells in Alberta have been downloaded to the ranchers, farmers and citizens because industry did not pay its share. We have to start addressing the price of pollution, particularly since the latest report shows that the three great outliers in the world right now are Russia, China and Canada. To anyone who thinks that the Liberals just saying nice things will get us there, I say that it will not. We need to invest in a green energy economy and work with the workers in the sectors being affected so we can start the transition. Talk alone will not do it.

When I look at the motion overall, I see a real opportunity to talk about jobs, but a complete failure, because the Conservatives are playing to the Conservative base without providing a credible response.

Opposition Motion—The EconomyBusiness of SupplyGovernment Orders

December 4th, 2018 / 4:30 p.m.


See context

Conservative

Bernard Généreux Conservative Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Madam Speaker, in any case, it is rather hypocritical for the member from New Brunswick to support a bill like Bill C-69, which will kill pipelines in Canada, when his premier absolutely wants to have pipelines in his riding.

Opposition Motion—The EconomyBusiness of SupplyGovernment Orders

December 4th, 2018 / 3:50 p.m.


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Conservative

Blake Richards Conservative Banff—Airdrie, AB

Mr. Speaker, I listened to the member's speech. He talked about this so-called balanced approach toward pipeline approvals and the regulatory approvals process. I struggle to understand how the heck they can call it balanced when they have a government that had three viable private sector pipelines put before them; two of them were cancelled as a result of the actions of that government and we have now one that at best could be described as being on taxpayer-funded life-support and we have, of course, Bill C-69, which would end any possibility of future approvals for pipelines. That is not balanced. I certainly would like to see him go and try to tell Albertans how balanced that is, because I will tell members the answer Albertans would give him.

I will now read a very brief passage from an email I received from a constituent, just today. He happens to be a national sales manager for an oil field supply company. He said that they received this email from one of the major companies that they supply. I will not name the company. He said that this is the quote from the email that they received: “As the oil differential and pipeline woes are continuing to strain our industry, we will not be doing a matting purchase until such time as we see some positive news.” It then listed off a number of things, including, “differential and commodity price, pipeline approvals, regulatory constraints lifted”. It goes on to say, “We have governments, both federally and provincially, who are not working toward opportunities for investment in Canada. Our federal government is holding up the pipeline file and at the same time trying to push through Bill C-69 to make it harder for large infrastructure projects like pipelines to get approved.”

He says that the effect of an email like this, cancelling an order in their case, would be about a $20-million hit to their small service company. That number does not include any subsequent spinoffs or jobs or work generated. That is one of many like this from Alberta. I want to know what the member would have to say to those people.

Opposition Motion—The EconomyBusiness of SupplyGovernment Orders

December 4th, 2018 / 3:15 p.m.


See context

Conservative

Erin O'Toole Conservative Durham, ON

Mr. Speaker, I am happy to kick off coming back to our debate today, which was brought by my friend, our industry critic, the member for Central Okanagan—Similkameen—Nicola. He is a great member of the House, who brings up competitiveness issues all the time. If Canadians are following this debate, this is why Conservatives have brought this debate to the floor today.

The last week or so in Canada shows how uncompetitive our economy is becoming under the Liberal government. Just on the weekend, we saw the Premier of Alberta limiting production of Canadian resources, in fact controlling or interfering with the private marketplace because of the crisis of depressed oil prices. We are losing billions of dollars. It was going to be $15 billion before the large drop in price. They were looking at $25 billion or $30 billion less in revenue to Canada as a result of the inability of the government to get pipelines built.

The other thing we saw in the last week, which was very personal to me and my community, was the announcement that GM intended to close the Oshawa assembly plant at the end of next year, after a century of assembling automobiles in Oshawa and after being at the epicentre of the auto industry, and indeed, the manufacturing industry, Ontario was known for. The driving force for decades of Confederation, the success of manufacturing in Ontario, is faltering now under three years of the current government.

Finally, at the beginning of the previous week, there was the inability of the government to even answer a question with respect to when the budget will be balanced.

Canadians should be very concerned that we have a Prime Minister with no experience in the private sector and no understanding of the unique needs of the economy in different parts of the country, whether it is softwood in British Columbia; resources, including potash, in our prairies; the aerospace industry in Manitoba and Quebec; the manufacturing base in Ontario; or seafood and exports in Nova Scotia and the Atlantic provinces. There is a total disconnect for the Prime Minister.

Should we be surprised? Here is what the Prime Minister said, as the new third party leader, to manufacturers at an auto parts factory in southwestern Ontario, in January 2015, as he was kicking off his election bid:

The people of southwestern Ontario are amazingly resilient and have demonstrated that moving beyond manufacturing-based employment is something they're willing to do.

That was his message to manufacturing facilities in southwestern Ontario and writ large to communities like mine in the Durham region: we need to just move past it.

What else did he say? In his first foreign trip abroad as Prime Minister of this country, he offended the resource industry at Davos. In January 2016, he said, “My predecessor wanted you to know Canada for its resources. I want you to know Canadians for our resourcefulness.”

In one brush, he was mocking or dismissing the impact of the resource sector and the innovation brought to that sector, such as steam-assisted gravity drainage and a reduction in the use of power and water. All these are innovations that, over time, have reduced the economic and environmental impact of resource development. He swept that aside with one statement, so much so that the mayor of Calgary, who was in Davos, criticized the Prime Minister. He is usually his wingman ideologically, but he criticized such a dismissive and divisive comment trying to pit one economy against another, one region against another, as if resource jobs are not the type of jobs we want. We want to be resourceful, as if Ontario has to move past manufacturing.

This is a Prime Minister who, in the middle of an election campaign, said this about his economic plan, on August 12, 2015, when he was the third party leader running to become prime minister:

We're proposing a strong and real plan, one that invests in the middle class so that we can grow the economy not from the top down the way Mr. Harper wants to, but from the heart outwards. That's what Canada has always done well with.

That comment is absolutely ridiculous, and it shows the absence of an understanding of the private sector, capital investment and risk-taking in the economy. It was comments like that the member for Scarborough—Guildwood, in opposition, called bozo eruptions. They were misplaced comments that showed a Prime Minister so disconnected from the real needs of Canadians that he is not worthy of the job.

What is interesting about the minister heckling is that before she ran for Parliament, she ran on closing the oil sands. Here we have a cabinet minister who made public statements about shutting down the oil sands and who had no real experience before Parliament, and she is at the cabinet table making the decisions. These things should really concern people. When people come with an activist point of view, trying to shut down jobs that hundreds of thousands of people depend on, Canadians should be concerned about the fact that the current government is on cruise control.

The resource industry is in crisis. The manufacturing sector is in crisis. We have tariffs. We have trade disruptions. We have a government that has piled taxes and tariffs on top of the manufacturing base, and it has been struggling under it.

The day the Prime Minister made that Care Bear economic speech, as it was termed at the time, was August 12, midway through a marathon campaign. At that point, the Liberals were still running on a balanced-budget plan. Interestingly enough, the current Prime Minister, as third party leader, said this: “It's a well-established fact. Liberals balance budgets.... Our platform will be fully costed, fiscally responsible and a balanced budget.”

He said that in April 2015. That was the Liberals' policy. They used to say that they were the party of Paul Martin and that they were going to have a balanced budget.

Midway through the election campaign, in fact mere days after he made the Care Bear economic speech, the Liberals changed their fundamental economic position for the country, and on August 25, they said they were going to run deficits. At that time, they said the deficit would never exceed $10 billion, and they promised to get back to budget by the end of their mandate, in 2019. However, they changed their underlying economic promise to Canadians. Within months, they had indicated that they were no longer going to stick to deficits under $10 billion, and within a couple of years, they abandoned any notion of balancing the budget. In fact, it is awkward when the Minister of Finance will not even give a date on which he intends to try to get back to balance. Those are fundamental economic promises to Canadians broken.

Why are we seeing a crisis in western Canada and in Ontario? The canaries in the coal mine in the last week alone are the price changes by the Premier of Alberta and the GM closure, with taxes, tariffs, trade disruption and excessive regulation.

Bill C-69 itself killed the energy east pipeline. An executive of TransCanada pipeline confirmed that. We have had taxes upon taxes. It is not just the carbon tax, which we highlighted last week. Payroll taxes in the first budget made it punitive for employers to hire more people. We had small-business private-company tax changes.

The Liberals have raised taxes on entrepreneurs. They have raised taxes on hiring people through the payroll. They are bringing in a carbon tax. None of those tax increases are happening in the United States. The U.S. is eliminating regulations and lowering taxes.

The auto industry competes in the Great Lakes region, so when Canada is getting uncompetitive because of the actions of the government, we are going to see capital and jobs flow. We have been calling that out for several years. When the Liberals are almost banning pipelines through Bill C-69, we are going to see companies leave the country.

Canadians need to be worried. We need a plan from the government. That is why the Conservatives have brought this debate to the House today.