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

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 4:25 p.m.


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Conservative

David Yurdiga Conservative Fort McMurray—Cold Lake, AB

Madam Speaker, Bill C-88 would have a negative effect on Canadians in northern communities, who are already struggling to survive. When will enough be enough? Northerners are struggling to access basic resources like affordable groceries, water, high-speed Internet, safe roads and health care. Why is the Liberal government making life even harder for northern Canadians by restricting some of the largest sectors in the north, Canadian energy and, indirectly, the mining industry?

I regret to inform the House that Bill C-88 would repeal and reverse the land and water board restructuring changes the Conservatives passed in the Northwest Territories Devolution Act. It would also further polarize and politicize the regulatory and environmental process for resource extraction in Canada's north by giving the Liberal cabinet ultimate power to stop projects as it suits its political agenda. Northerners deserve increased autonomy over their natural resources sector. The Liberal government needs to stop meddling in the affairs of the north for its own gain.

Bill C-88 is an unnecessary and paternalistic blockade of oil and gas development in the Arctic and other northern regions. I must say that Bill C-88 fails on all fronts. It fails to respect workers in the oil and gas sector, fails to protect investments in the development of remote areas, fails to protect Canadian aboriginal communities on the path to reconciliation and, most disturbingly, fails to give northern communities the autonomy they deserve.

Bill C-88 would be particularly hard on the oil and gas sector. The government's failure to get key energy projects completed and to invest in the north is threatening expansion of the oil and gas sector, putting tens of thousands of good-paying, high-quality jobs at risk. While big American oil companies are getting discounts of over $100 million a day on Canadian oil, Canadian oil still needs to reach international markets.

Bill C-88 is yet another anti-energy policy, making getting and keeping jobs in one of Canada's largest economic industries nearly impossible. Canada's Conservatives will continue to fight for Canada's resource sector and the hard-working Canadians whose livelihoods depend on energy. They can count on us to stand up against a government determined to phase out their jobs.

On another note, Bill C-88 fails to take into consideration economic development in remote indigenous and non-indigenous communities in the north. The north is a key driver of economic activity in Canada. There is no doubt that Canada's north should be treated with the respect it deserves. Conservatives know that economic prosperity in the north does not mean ruining landscapes or harming the environment. Economic investment in the north means finding jobs for Canadians in some of the most remote areas of our country, it means economic prosperity for our economy as a whole and, most importantly, economic investment in the north means food on the table for thousands of Canadian families currently struggling to get by.

The Liberal government is hiking taxes on over 90% of middle-class families in the north. Despite the government's lavish spending, Canadian northerners are no further ahead. We need to promote effective investments in important areas in the north, such as health care, housing and quality drinking water. It is also important to spend money that translates into tangible results for northern Canadians.

Bill C-88 is nothing more than a ploy to win votes in urban centres rather than actually reduce poverty in the northern regions of Canada. We need to put Canadians first, not politicians and their concealed agendas. We need a government that will take the right steps to create sustainable economic opportunities for northerners in Canada. It is time that we started investing properly in the north so we can reap the rewards of economic prosperity for decades to come.

Bill C-88 also fails to adequately support the economic needs of indigenous peoples in Canada. It would significantly impact Canada's northern indigenous populations. Representing a rural riding with a large indigenous population, I know that the rights and sovereignty of Canada's indigenous people must be respected. We must work collaboratively with the indigenous populations in the north to put forward policies that make real and measurable improvements in the lives of Canada's indigenous people.

The Liberals failed to take the necessary steps to create sustainable economic opportunities for indigenous people in remote communities. By cancelling key energy projects, delaying offshore oil and gas projects in the Arctic for five years and imposing out-of-control taxes on rural populations, the future for Canada's northern indigenous populations is not looking bright.

Conservatives support advancing the process of reconciliation but also realize there is no lasting reconciliation between the Canadian government and indigenous populations without economic reconciliation. We must empower indigenous communities through job opportunities, industry and economic growth, rather than take valuable opportunities away.

Last but not least, northerners deserve a greater say in their own regional affairs. Canadians do not want Big Brother. The government needs to establish a plan to both respect northern sovereignty and promote economic prosperity in the north. The Liberal government's plan to impose restrictions on the northern economy will have serious long-term effects on the people living in remote communities.

We need to give autonomy back to people living in the north. Political elites in Ottawa should not get the final say on what energy projects get approved and which energy projects get denied. We need to consult workers and other stakeholders in the north before deciding to scrap potentially valuable energy projects. If we take away northerners' voices on these issues, the communities that can least afford these dangerous polices will be the ones most impacted.

Looking to the future, we need a government that will respect the autonomy of the north, provide economic opportunities for Canada's indigenous populations, invest in northern economic prosperity and protect Canada's oil and gas workers.

Conservatives do not support Bill C-88 and the Liberal government's anti-energy policies. Together, we should change this legislation to better support Canadian industry in the north, and protect the livelihoods of the tens of thousands of workers in northern Canada.

The Northwest Territories has vast underdeveloped oil and gas reserves. It is estimated that the Northwest Territories potentially hold as much as 37% of Canada's marketable light crude oil resources and 35% of its marketable natural gas resources. Like Bill C-69, Bill C-88 will have Ottawa pick the winners and losers. Even if northern industries jump through all the hoops and meet all the criteria, Ottawa can simply say, “No, game over.”

We should have Canadian oil in every refinery in Canada, and jobs for Canadians, not for Saudi Arabia, and support made, produced and manufactured in Canada.

The Liberal government record is shameful. It killed northern gateway by putting a tanker ban on the west coast. Then it created a moratorium on offshore oil and gas development in the Beaufort Sea, an announcement made in December 2016 without even consulting northerners.

The government killed energy east by changing the environmental assessment process almost monthly and then added upstream and downstream emissions, which is not applied to any other industry in the world. The list goes on.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 4:25 p.m.


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Liberal

Michael McLeod Liberal Northwest Territories, NT

Madam Speaker, I want to remind the member that the issue before the House today is the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act, which are very important to my riding. The member chose to speak mostly about Bill C-69.

I also want to point out that oil exploration in the Beaufort Sea peaked in 2008. World markets declined, and in the previous five years leading up to that decision, only $7 million was spent on the Beaufort Sea, amounting to a little over $1 million a year to keep the licences and permits going. No work was created. After one year of consultation with existing rights holders, territorial government and indigenous governments, everyone now agrees how important it is to protect the unique offshore environment and that we need to pursue oil and gas development in a safe way.

I totally agree with the member that the north should be keeping the royalties, but should we not also be deciding what is best for ourselves in the north?

Mackenzie Valley Resource Management ActGovernment Orders

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


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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, I would like to begin this debate by quoting the premier of the Northwest Territories when the Prime Minister, in 2016, as part of a Joint Arctic leaders' statement, declared that the Beaufort Sea would be a national park essentially and that there would be no more drilling. This meant that any infrastructure there would now be landlocked and any infrastructure that had been invested in would now be stopped and be held up from being developed.

The premier of the Northwest Territories said that they would end up “living in a park.” That is precisely what the Prime Minister and his principal secretary Gerald Butts would like to see, that all of Canada become a national park, with no economy happening whatsoever.

I will be sharing my time with the member for Fort McMurray—Cold Lake.

Bill C-88 lays out the legal framework for the drilling moratorium. It is part of an ongoing trend we see from the government. Canadians are welcome to live in Canada provided they do not do anything to touch the environment. Again, in the Northwest Territories, this is a record. However, we are seeing a trend.

The Prime Minister has pounded his fists on the table, saying that he will get the Trans Mountain pipeline built. However, when it comes to every other energy project in the country, he has done everything in his power to undermine it. It all started with Bill C-48, the tanker moratorium on the west coast. This effectively killed the northern gateway pipeline. It is part of a larger trend.

In Bill C-68, we see the reversal of the changes we made to the Navigable Waters Protection Act, making it easier for municipalities to develop their regions by putting culverts in and pipelines across streams. Those kinds of things were important changes we had made to make life easier for the people who live beyond Ottawa and Toronto, yet we see the government of today definitely reversing that.

There is also Bill C-69, what we are calling the no more pipelines bill that overhauls the regulatory process for pipelines.

We had a great regulatory framework to build pipelines. Under the Conservative government, we built four pipelines, approved northern gateway and other pipelines. What is really frustrating is that the Liberals went around saying that the public had no confidence in the process, which was completely false. It had been tested significantly by the court. Now that they are in power, they feel the need to overhaul it entirely so it will have to be tested by the court again.

We see that again with Bill C-69, putting the livelihoods of many workers in the oil patch at risk. It is putting the livelihoods of many people who live north of the 55th parallel at risk. We would like to see the government change its ways regarding this.

Bill C-88 is part of a strategy to keep oil in the ground. Therefore, we would definitely like to see it pull this bill back and Bill C-69 in particular.

Over the weekend, there was much to be said about the back-to-work legislation the House imposed on the Canada Post workers. Just yesterday I saw a carton on Facebook about two oil field workers. One of the workers said, “I wish Ottawa would legislate us back to work.” This bill would legislate them out of work.

The Beaufort Sea has vast oil reserves that have been explored. There are millions of dollars in infrastructure sitting up there, which has been basically been abandoned because of the drilling moratorium.

We need to ensure that Canada can work and be prosperous again. We have to ensure that our natural resources, whether oil in the Beaufort Sea, diamond mines in the Northwest Territories, or gold mines in the Yukon, can be developed and can bring prosperity for all of Canada.

One of the major things we know about in northern Canada is the carbon tax and how that will affect northerners in particular. We hear the Liberals talking all the time about Canada being a carbon intensive economy. If we looked outside this morning, we would see that it was snowing, and we typically have snow for six to nine months out of the year, depending on where one lives in Canada. That means the temperature is below freezing for that length of time in the year, so we need to warm things up. We need to make sure our houses stay warm. I enjoy a warm shower every morning. Those things require energy. Not only does Canada require energy, but the world requires energy as well. What better place to get our energy than right here in Canada? However, when we bring in a drilling moratorium in the Beaufort Sea or introduce a carbon tax or table Bill C-69, we limit the development of our natural resources and we then import the energy we need from other jurisdictions that do not have the environmental regulatory framework we have. We do not allow our economy to flourish so it can bring prosperity to some parts of the country that could really use it.

It is important that we develop our resources, including resources in the Beaufort Sea. We know that a large amount of money has been invested in developing that part of the world, and to just bar its development, through government regulation into the future, seems shortsighted and pandering on the world stage to forces outside of Canada.

The announcement in 2016 shows to some degree that the joint Arctic leaders' statement did not take into account the Canadian perspective whatsoever. It was pandering to an international audience. The Prime Minister only had the decency to phone the premier 20 minutes before he made the announcement. That left the territories scrambling. When I was up in the Northwest Territories, one of the things they often said was to let them keep their own royalty revenues. Allowing them to keep the royalty revenues now, when they are unable to develop anything, will not help the situation whatsoever.

With that, I ask the Liberals to reconsider the bill, to reconsider the drilling moratorium in the Beaufort Sea, to reconsider Bill C-69 and Bill C-48, and ensure that we can get development of our natural resources back on the table, bringing prosperity to all Canadians and all Albertans.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 3:30 p.m.


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Conservative

Jim Eglinski Conservative Yellowhead, AB

Madam Speaker, here we are again with another anti-energy policy from the current Liberal government that is driving energy investment out of Canada, costing Canadian workers their jobs and significantly increasing poverty in certain regions, especially in the north.

I am speaking to Bill C-88, because I am concerned that the changes it would make would politicize oil and gas extraction by expanding the powers of this Liberal government to block economic development. It would take local control and environmental stewardship away from the aboriginal people of the region and would inhibit local, territorial governments from doing what is best for the people of the area. I am speaking of the Mackenzie Delta.

I see that my friend across the way is smiling, because he is very proud of the region he has grown up in.

Bill C-88 is not just another Liberal anti-energy bill, like Bill C-48, Bill C-69 and Bill C-86. These bills could block all future pipelines, giving the government the authority to unilaterally shut down natural resource development. It is now systematically going after the Northwest Territories, as it has done with our western provinces.

Only a few people get to visit the Mackenzie Delta or travel the pristine waters of the Mackenzie River. Those who do find it breathtaking, due to its vast biological and ecological formations.

When Sir Alexander Mackenzie travelled the Mackenzie River in 1789, he was astonished by its sparse population and the pristine beauty of the region. As members may know, the river was named after him. That is for a few of my Liberal colleagues across the way, except for the member for the Northwest Territories.

I count myself fortunate, no, I should say I count myself blessed and lucky, to have been able to travel from the start of the Peace and Athabasca rivers, which are the headwaters of the Mackenzie River, and I have followed it as it flows, leading to the Beaufort Sea in the north. This pristine area, rich in ecological wealth, covers an area of just under two million square kilometres, and its drainage basin encompasses one-fifth of Canada. This is the second-largest river in North America, next to the Mississippi River.

Oil and gas have been part of this region since 1921. There are also mines of uranium, gold, diamond, lead and zinc in the area. During World War II, a pipeline was built from Norman Wells to Whitehorse, in Yukon. It carried crucial petroleum products needed during World War II and helped Canada and the United States build the Alaska Highway, which significantly helped Canada during the war. It is called the Canol Pipeline, and it still exists today.

At a very young age, I personally met and was inspired by one of Canada's great leaders. That was Mr. John Diefenbaker, whose statue sits at the rear of this building. He was a leader of great wisdom and vision who led our country to where it is today. I remember he once said, “I see a new Canada—a Canada of the North.” This is what he thought of and envisioned. He spoke of giving the people of northern Canada the right to develop their resources, protect their environment and maintain and develop strong economies in the region. Diefenbaker saw the need for the people of the north to do this, not the Government of Canada.

One of Canada's leading novelists of the same era, Hugh MacLennan, a Liberal visionary, noted at the time that by 2061, the Mackenzie Delta would have three million people living along the banks and shores of the river and that people's pockets would be full of money from the wealth of the region. He said there would be at least two universities built in the Mackenzie Delta area.

That Liberal's prediction was wrong, and the actions of my Liberal friends across the way from me are also wrong.

There are roughly 10,000 people living along the Mackenzie River Delta, in places like Wrigley, Tulita, Norman Wells, Fort Good Hope, Fort McPherson, Inuvik, Aklavik and Tuktoyaktuk. I have been to those communities and I know the people.

There are 68 aboriginal groups that also live in this region. I have had the pleasure and honour of gathering and socializing with them to discuss their issues. We used to gather at the Petitot River. I have been there a number of times. To me, they are the real stewards of the land, not organizations like CPAWS, the David Suzuki Foundation or others that have the ear of the environment minister. The aboriginal groups are the real Canadian environmentalists and the real stewards of the land.

Recently, Merven Gruben, the mayor of Tuktoyaktuk, testified at the committee on indigenous and northern affairs. He said that the Liberal government should be helping northern communities. Instead, it shut down the offshore gasification and put a moratorium right across the whole Arctic without even consulting communities. He also said that people in his town like to work for a living and are not used to getting social assistance. Now, all they are getting are the few tourists coming up the new highway. That makes for small change compared to when they worked in the oil and gas sector.

They are the people of the Mackenzie River Delta. Our Conservative government gave them the power to manage their resources in a true, healthy and respectful manner that only the people of the region can do. This was done through Bill C-15, which created the Northwest Territories Devolution Act of 2014.

Our former Conservative government viewed the north as a key driver of economic activity for decades to come, but this Liberal government is arbitrarily creating huge swaths of protected land with little or no consultation with aboriginal communities, while other Arctic nations are exploring possibilities within their respective areas.

Bill C-88 reveals a full rejection of calls from elected territorial leaders for the increased control of their natural resources. It consists of two parts. Part A would amend the Mackenzie Valley Resource Management Act of 1998. Part B would amend the Canada Petroleum Resources Act to allow the Governor in Council to issue orders. That scares me.

What about the provisions that were introduced by the former Conservative government within Bill C-15's Northwest Territories Devolution Act? Bill C-88 would reverse these changes, even though Liberal MPs voted in favour of Bill C-15 when it was debated in Parliament, including the Prime Minister.

Now the Liberals want to reverse the former government's proposal to consolidate the four land and water boards in the Mackenzie Valley into one. I believe this is so that they can take control. The creation of a single board was a key recommendation that would address “complexity and capacity issues by making more efficient use of expenditures and administrative resources” and would allow for administrative practices to be “understandable and consistent”. When Bill C-15 was debated in the House of Commons in 2013 and 2014, the restructured board was included in the final version of the modern land claim agreements.

The Liberals would further politicize the regulatory and environmental processes for resource extraction in Canada's north by giving cabinet sweeping powers to stop projects on the basis of “national interest”. This reveals a rejection of calls from northerners for increased control of their national resources.

The Liberal government should leave the people of northern Canada with their resources and let them be their own environmentalists and stewards of the land. They know it the best.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 3:25 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, that is the most ridiculous thing I have ever heard in this House, that somehow the government is trying to move forward to export our oil. That member and his party proposed and voted in favour of Bill C-48, which would explicitly not allow the export of Canada's energy resources through northern British Columbia. If the Liberals wanted to help get our oil to other markets, the least they could have done was not pass a law that was explicitly designed to make it impossible to get our oil to other markets.

It is very simple. The previous Conservative government was working hard facilitating moving forward the northern gateway project, which would have opened all kinds of new markets and opportunities for those resources. If the member wants to see results in this area, I would tell him to repeal Bill C-48 and stop Bill C-69 as well. However, in particular, when it comes to pipelines and export, it is Bill C-48.

Let us move forward with projects that began under the previous government that would have gotten us to the results the member claims to want but very clearly does not want, from the substance of what he is voting on and saying in the House.

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 3:15 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, it is a pleasure for me to continue a discussion I began before question period about the government's approach to the energy sector. It is a pleasure for me to participate in the debate, but it is no particular pleasure to review the great damage the government is doing to our energy sector. This bill is one of a number of bills which contain provisions that really weaken the situation for those who consider getting involved in resource development, whether it is as a worker, an employee, an investor or one of the many who benefit from spinoff jobs and opportunities associated with the development of our energy sector.

I would observe that part 2, for example, of this legislation would amend the Canada Petroleum Resources Act. In effect, it would allow the Governor in Council, in other words, the government, to issue orders prohibiting oil and gas activities, freezing the terms of existing licences and preventing them from expiring during a moratorium. This would essentially empower the government to take extreme steps whenever it wants to, whenever it deems it in its evaluation of the way things should go, to put an abrupt stop to natural resource development. Conservatives see this as part of a larger pattern.

Bill C-69, the government's “no more pipelines” bill, piles on all sorts of conditions and challenges that are clearly designed to achieve the result of not allowing pipelines to proceed in the future. There is Bill C-48 that would create a tanker exclusion zone, which is designed to say that we can never export Canada's energy resources from the northern coast of British Columbia. It is so interesting to observe government members talking out of both sides of their mouths when it comes to oil and gas development, especially some of my Liberal colleagues from Alberta. They talk about feeling the pain and they talk about supporting pipelines on occasion, but then we look at their legislative and voting record.

There have been multiple opposition day motions which call for the recognition of particular pipelines as being in the national interest. There has been legislation from the government, such as this bill today and others I have mentioned, that are designed to create a very difficult environment for any natural resource project to proceed. The Liberals put forward these bills that make it more and more difficult for investment projects to succeed and at the same time they vote against opposition day motions and proposals which recognize that these projects are indeed in the national interest. In terms of the Liberals' record, in terms of their votes and their actions, we see a real, practical, concrete, tangible opposition to the success of the energy sector, an energy sector which is not just for one region or one part of the country but is one which benefits the whole country.

I am a member of Parliament from Alberta and represent a resource rich area of the country. Many people in my constituency are part of the energy sector and are frustrated with the approach of the government. I would like to speak briefly about another region of the country, the north of Canada.

I had the pleasure of joining the foreign affairs committee recently on a trip to the territories. It was interesting to talk to people about the decision of the Prime Minister, while overseas, to unilaterally declare a moratorium on offshore development in a way that flew in the face of what many people in the north were hoping for in terms of opportunities that could come to them through new investment, new jobs and new development in Canada's north, development that would really open up opportunity and ensure greater access to services for people in the north.

A real opportunity did exist and yet the Prime Minister, while overseas and without consultation, did exactly the sort of thing that is envisioned in this legislation. He made a declaration that prohibits activity in the area of oil and gas development.

When we look at the proposed legislation, the government would be taking for itself more tools to be able to step forward at any point to say that it did not a want a project to proceed or did not want to allow development, even if there was an expectation, even if there was planning by indigenous leaders and by municipal, provincial and territorial leaders, or if there were investments made and workers making their plans to seek those opportunities. All of a sudden, the Prime Minister could put a stop to it.

So much is said by the government about consultation with indigenous people and how it is such a critical relationship for any government. However, while talking that talk, government members do not seem to recognize at all that many indigenous people in Canada want to see the development of our energy resources. They want to have the opportunities that flow from these developments. However, their voices are totally ignored if they are on the side of the discussion that is seeking more development, more opportunity, more employment and more of the kind of development that would allow them to significantly prosper and benefit from the wealth that would come into their communities as a result of oil and gas and other natural resources.

To put it as clearly and directly as possible, when it comes to our natural resource sectors, the government has an anti-development agenda. It is not an anti-development agenda it is perhaps willing to openly acknowledge or recognize. It covers it up in various ways, including by pumping billions of taxpayers' dollars into a pipeline it still has no plan to see move forward. However, in the concrete legislative initiatives it is putting forward, we see what its agenda is, and we see it walked out in practice.

A couple of years before the last election, the current Minister of Democratic Institutions put out a tweet talking about landlocking the “tar sands”. Now we do not hear that kind of language from the front bench. The Liberals try to modulate their tone, because they know that most Canadians do not want their anti-development agenda.

If we look at the history of the people involved in the government, if we look at the statements they have made in the past, if we look at the past statements and involvement of senior staff in the Prime Minister's Office, and as I mentioned, the comments from the Minister of Democratic Institutions, I think we can see what we are observing in the concrete detail of legislation that has come forward, which is, yes, the anti-development agenda of the government. It is disappointing. It is hurting jobs and opportunities in my province and across the country. We need Canadians to wake up to this, respond and stop legislative measures like this.

Natural ResourcesOral Questions

December 3rd, 2018 / 2:45 p.m.


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Conservative

Matt Jeneroux Conservative Edmonton Riverbend, AB

Mr. Speaker, if only he would understand how disappointed his own city is in him.

My province is in crisis. The Alberta energy industry is under attack by the Prime Minister. Albertans have been suffering for years under the Prime Minister's anti-energy policies. He killed northern gateway and energy east, banned tankers and has failed miserably on Trans Mountain. His no more pipelines bill, Bill C-69, will be the final nail.

Will the minister stand up for Albertan jobs and kill this bill?

Natural ResourcesOral Questions

December 3rd, 2018 / 2:45 p.m.


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Conservative

Stephanie Kusie Conservative Calgary Midnapore, AB

Mr. Speaker, a lack of new pipelines necessary for Canadian oil to reach global markets has created a serious crisis in Alberta. With oil being sold for pennies on the dollar, the no more pipelines bill, Bill C-69, will be the final nail in the coffin for the industry.

When will the Prime Minister kill his no more pipelines bill?

Natural ResourcesOral Questions

December 3rd, 2018 / 2:15 p.m.


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Edmonton Mill Woods Alberta

Liberal

Amarjeet Sohi LiberalMinister of Natural Resources

Mr. Speaker, it is that kind of divisive politics, pitting one community against the other, pitting indigenous communities against other communities, that has put us in this place to start with.

Bill C-69 would allow us to have a process in place that would allow good projects to move forward in a timely and efficient manner. We are focused on expanding our non-U.S. global market, and we are focused on building pipelines that allow us to do that. Bill C-69 is the process to get us there.

Natural ResourcesOral Questions

December 3rd, 2018 / 2:15 p.m.


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Conservative

Pierre Poilievre Conservative Carleton, ON

Mr. Speaker, at a glitzy international conference last week, the Prime Minister attacked energy workers, saying that male construction workers go to rural communities and cause negative social and gender impact. While he is trying to build his international celebrity abroad, he is killing the livelihoods of working Canadians back at home. His “no more pipelines” Bill C-69 has been condemned by the industry, the Alberta government and numerous aboriginal communities.

Will the Prime Minister finally scrap his “no more pipelines” Bill C-69?

Natural ResourcesOral Questions

December 3rd, 2018 / 2:15 p.m.


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Edmonton Mill Woods Alberta

Liberal

Amarjeet Sohi LiberalMinister of Natural Resources

Mr. Speaker, we inherited a very flawed process of environmental review from the previous government. That has led to the failure of a number of infrastructure projects, including pipelines, that could not move forward.

We are focused on fixing the previous government's flawed process by passing Bill C-69 which would allow good projects to move forward and would allow one review for every project. That is what we are focused on. That is what we will continue to deliver.

Natural ResourcesOral Questions

December 3rd, 2018 / 2:15 p.m.


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Conservative

Pierre Poilievre Conservative Carleton, ON

Mr. Speaker, the Prime Minister has lived a celebrity lifestyle off of his family fortune and now he is trying to build that celebrity lifestyle off of Canadians' tax dollars. He is sending out tweets to win celebrity friends. Meanwhile, the working people back home who pay the bills are under attack by his “no more pipelines” Bill C-69.

The NDP government in Alberta, the pipeline association and the TransCanada pipelines company have all called for the government to withdraw this bill. Will the Liberals withdraw the “no more pipelines” Bill C-69?

Mackenzie Valley Resource Management ActGovernment Orders

December 3rd, 2018 / 12:25 p.m.


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Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, I rise today to speak to Bill C-88, an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other acts.

Before I get into the details of the bill, it is important to look at the context with respect to what has been happening over the past three years and what is starting to be a real pattern of the Liberal government. The decisions it makes consistently increase red tape and bureaucracy, and are mostly anti-resource development. This bill is no different.

I would like to talk about a few areas to show the context, which will then show that this follows a pattern that adds to what is becoming an increasing concern in the country, and that is the ability to move our natural resources forward.

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

In addition, the government has made a number of arbitrary decisions regarding natural resource development, with absolutely no consultation with those impacted. Today, we only need to look at what is happening in Alberta with the hundreds of thousands of job losses. Who has ever heard of a premier having to decrease the production of a needed resource throughout the country and the world because we simply cannot get resources to the market? This is because of the government's failure.

The northern gateway project was approved by the former government in June 2014. It had a number of conditions on it, just like the current Trans Mountain project does.

In November 2015, just one month after being elected, the Prime Minister killed the project without hesitation. It was subject to a court challenge. When we did finally hear what came out of that court challenge, to be frank, it was nothing that could not be overcome. We could have dealt with that.

The court decision told the Prime Minister to engage in consultation in a more appropriate and balanced way. The court really gave what I would call a recipe for perhaps fixing some problems with the process.

Did he wait for the court decision? No. He went out and killed it flat. With this approved pipeline, he did not wait for a court decision or wait to see how it could move forward. He decided that he did not want that one.

I think we are all pretty aware of the Trans Mountain pipeline. It has been moving along for many years. We know that many first nations support it and hope to see it go through, as they see enormous opportunities for their communities. Of course, others are against it.

What happened in this case? When the Liberals came to government, they decided they had to have an additional consultation process. However, did they follow the directions of the court in the northern gateway decision in which the court was very clear about what the government had to do to do consultations properly? Apparently not. When the court decision came down, we learned otherwise. To be frank, it was much to my surprise, because the Liberals talked about how well they were consulting and that they were putting this additional process in place. The court said that the Liberals did not do the job. What they did was send a note-taker and not a decision-maker.

The fact that the Liberals did not consult properly on the Trans Mountain pipeline is strictly on their laps, as they had very clear guidance from the northern gateway decision and they did not do what they needed to do. They should be ashamed of themselves. Had they done a proper process, they likely would not have had to buy the pipeline, the pipeline would be in construction right now and we would be in a lot better place as a country. With respect to the Trans Mountain pipeline, the blame for where we are on that pipeline lies strictly on the laps of the Liberals.

I also want to note, in spite of what people say, that the courts have said the process was okay, so it has nothing to do with environmental legislation by the previous government or with anything the Conservatives had put in place. It was the Liberals' execution of a flawed process.

Energy east was another one. The former Liberal MP who is now the mayor of Montreal was very opposed to it. I am not sure of all the pieces that went into the Liberals' decision-making, but all of a sudden, the downstream and upstream emissions of energy east had to be measured. As people have rightfully asked, has that happened for the tankers coming down the St. Lawrence from Saudi Arabia and Venezuela? Did that happen with the bailout for Bombardier?

The Liberals created regulatory barriers. Trans Mountain hung on for a long time before it finally said no go. I think Energy east saw the writing on the wall, knowing that the government was not going to be its friend and create an environment to get the work done. It could see the new rules coming into place, so it walked. What a double standard. Canadians who extract energy in an environmentally sound and environmentally friendly way have had standards applied to their ability to move oil through a pipeline that no other country in the world imposes on companies in terms of upstream and downstream emissions.

Next on the plate is Bill C-69. A number of former Liberals are very open about their concerns about Bill C-69. Martha Hall Findlay, a very respected former Liberal MP, said in a recent Globe and Mail article that the new environmental legislation, Bill C-69, “is the antithesis of what this regulatory reform effort hopes to achieve.... [I]n its 392 pages, the word 'competitiveness' appears only twice. Neither the word 'economy' nor the phrase 'economic growth' appear at all.” We have new environmental legislation that most people call the no-more-pipeline bill.

Martha Hall Findlay went on to note that this bill would create enormous uncertainty, more red tape and increased court challenges, and not only in the energy sector but in all other infrastructure in Canada for years to come. I do not know if members are starting to see a pattern: the Liberals have killed pipelines and put in legislation preventing new pipelines from being built. I am not sure why the process with Trans Mountain was not proper; it should have been. Everyone knew what they had to do, but they did not.

Another piece of legislation that is focused on killing opportunities in this country is the tanker moratorium, Bill C-48. The government loves to talk about how it consults, consults and consults, but it only consults to get the answer it wants. There was a large group of first nations that had a huge opportunity with the Eagle Spirit pipeline that would go through its territory. It had plans, it was moving along, everything was in place, and all a sudden Bill C-48, the tanker moratorium, put its dreams and hopes to rest for a while. The interesting thing is that there was no consultation at all. There was no notice about this tanker ban, so how can there be consultation when the government does not want to do something, but vice-versa when it wants to do something?

Now I will get into the details of Bill C-88. In 2016, there was an oil and gas moratorium in the Beaufort Sea, and the interesting thing about that announcement was that for most people in Canada, it came out of nowhere. The Prime Minister did not even have the respect to hold conversations with the territorial premiers and the people most impacted. He made the announcement down in Washington, D.C., along with an “Oh, by the way” phone call 20 minutes before announcing this measure that would impact those communities. That is absolutely shameful. The Prime Minister announced a moratorium on all oil and gas development in the Beaufort Sea when he was down in the United States with President Obama at the time.

I want to read a few quotes by the community leaders subsequently. The Northwest Territories premier Bob McLeod issued a “red alert...for urgent national debate on the future of the Northwest Territories”. He wrote:

The promise of the North is fading and the dreams of northerners are dying as we see a re-emergence of colonialism....

Whether it be ill conceived ways of funding social programs, or new and perplexing restrictions on our economic development, our spirit and energy are being sapped.

That is a very different from what we just heard from the parliamentary secretary when she talked about the previous government. It is her government. Did she hear those words from the premier? He said, “our spirit and our energy are being sapped”.

Mr. McLeod further wrote:

Staying in or trying to join the middle class will become a distant dream for many....

This means that northerners, through their democratically elected government, need to have the power to determine their own fates and the practice of decisions being made by bureaucrats and governments in Ottawa must come to an end. Decisions about the North should be made in the North. The unilateral decision by the federal government, made without consultation, to impose a moratorium on arctic offshore oil and gas development is but one example of our economic self-determination being thwarted by Ottawa.

Then Nunavut premier, Peter Taptuna, told the CBC on December 22, 2016:

We do want to be getting to a state where we can make our own determination of our priorities, and the way to do that is gain meaningful revenue from resource development. And at the same time, when one potential source of revenue is taken off the table, it puts us back at practically Square 1 where Ottawa will make the decisions for us.

Merven Gruben, the mayor of Tuktoyaktuk, told the indigenous and northern affairs committee on October 22, 2018:

I was talking to [the Liberal MP for the Northwest Territories]...and he said, “Yes, Merven, we should be doing something. We should be helping you guys.”

I agree the Liberals should be helping us. They shut down our offshore gasification and put a moratorium right across the whole freaking Arctic without even consulting us. They never said a word to us.

We're proud people who like to work for a living. We're not used to getting social assistance and that kind of stuff. Now we're getting tourists coming up, but that's small change compared to when you work in oil and gas and you're used to that kind of living. Our people are used to that. We [don't want to be just] selling trinkets and T-shirts.

To go to the actual bill, what we can see is that in spite of the lofty words by the parliamentary secretary, there has been a real lack of consultation on issues that are very important to northerners.

Part A would amend the Mackenzie Valley Resource Management Act to reverse provisions that would have consolidated the Mackenzie Valley land and water boards into one. These provisions, of course, were introduced by the former Conservative government with Bill C-15, the Northwest Territories devolution act. Part B, of course, would amend the the Canada Petroleum Resources Act.

As I have already noted, this is another anti-energy policy from the Liberal government that is driving investment out of Canada, costing Canadian workers their jobs and increasing poverty rates in the north. Like Bill C-69 before it, Bill C-88 would politicize oil and gas extraction by expanding the powers of cabinet to block economic development, and would add to increasing red tape that proponents must face before even getting shovels in the ground. Further, Bill C-88 reveals a full rejection of the calls by elected territorial leaders for much of the self-autonomy they desire.

We used to look at the north as being an opportunity to be a key economic driver for decades to come. Other Arctic nations, including China and Russia, are exploring possibilities. This could be something that is very important for our sovereignty.

Meanwhile, the Liberals are creating great swaths of protected land. I want to know why that change was originally made to the water and land boards.

In 2007, Neil McCrank was commissioned to write a report on improving the regulatory and environmental assessment regimes in Canada's north. As outlined in the McCrank report, entitled, “The Road to Improvement”, the current regulatory process in the Northwest Territories is complex, costly, unpredictable and time-consuming. The merging of the three boards into one was a key recommendation. Part of the report stated:

This approach would address the complexity and the capacity issues inherent to the current model by making more efficient use of expenditures and administrative resources. It would also allow for administrative practices to be understandable and consistent.

If these recommendations on restructuring and improvements are implemented, the regulatory systems in the North will be able to ensure orderly and responsible development of its resources.

Regarding the move to consolidate the boards, the report went on to state:

...is not meant to diminish or reduce the influence that Aboriginal people have on resource management in the North. Rather, it is meant as an attempt to allow for this influence in a practical way, while at the same time enabling responsible resource development...

I want to note that it was Bill C-15, which the Liberals and NDP voted for, that included that component. It was supported on all sides of the House. It was also included as an available option in the three modern land claim agreements. Bill C-15 looked to streamline the regulatory process and to place time limits on reviews and provide consistency. It was never meant to impact impact indigenous communities and their ability to make decisions. It was to streamline the regulatory process, place time limits on reviews and consolidate federal decision-making.

Certainly, I see this component of the bill as a move backward rather than forward. At this point, it would appear that all of the communities involved want to move in this direction. I believe that is unfortunate. The model I wish they would have worked toward would have been a much more positive one in doing the work they needed to do.

The final part is the drilling moratorium, which is perhaps the most troublesome. It would allow the federal cabinet to prohibit oil and gas activity in the Northwest Territories or offshore of Nunavut if it were in the national interest. This is a much broader power than currently exists in the act, which only allows Canada to prohibit that activity for safety or environmental reasons, or social problems of a serious nature.

I note that the licences set to expire during the five-year moratorium would not be affected, which is seen as somewhat positive by the people holding those licences. However, I suppose if we have a moratorium forever, it really does not matter if one's licence is on hold forever, because it would not be helpful in the long run.

In conclusion, what we have here is perhaps not on the scale of Bill C-69 or some of the other things the government has done, but it just adds to the government's habit, whenever it deals with the natural resource industry, of tending to make it more complicated and of driving businesses away rather than doing what Canada needs, especially right now, which is bringing business to us.

Natural ResourcesOral Questions

November 30th, 2018 / noon


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Independent

Darshan Singh Kang Independent Calgary Skyview, AB

Mr. Speaker, with Alberta's economy hurting, Albertans are worried for their future. Bill C-69 is also a huge concern.

Office vacancies are close to 30% in the city of Calgary, and the downtown core has lost over $12 billion dollars in assessed value since 2015. With pipeline paralysis and oil being sold at $10 a barrel, unemployment has risen to 8.2% in Calgary.

My question is for the Minister of Natural Resources. Will the minister seriously consider the province's request to help buy more rail cars in order to reduce the market access backlog and to avoid cutbacks in oil production?

Natural ResourcesOral Questions

November 30th, 2018 / 11:50 a.m.


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Sudbury Ontario

Liberal

Paul Lefebvre LiberalParliamentary Secretary to the Minister of Natural Resources

Mr. Speaker, as I said before, Bill C-69 means one project one review, to give certainty to the industry.

Let me tell my colleagues that the horizon is actually looking very well for the energy sector. I know the current times are difficult. However, over the next 10 years, there is over half a trillion dollars in proposed private sector investment in the natural resources sector alone. In Alberta alone, that includes 102 energy projects representing an investment of $178 billion.

These projects do not just mean development for energy resources. They mean jobs for Albertans.