Bill C-69 (Historical)

An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts

Part 1 enacts the Impact Assessment Act and repeals the Canadian Environmental Assessment Act, 2012. Among other things, the Impact Assessment Act
(a) names the Impact Assessment Agency of Canada as the authority responsible for impact assessments;
(b) provides for a process for assessing the environmental, health, social and economic effects of designated projects with a view to preventing certain adverse effects and fostering sustainability;
(c) prohibits proponents, subject to certain conditions, from carrying out a designated project if the designated project is likely to cause certain environmental, health, social or economic effects, unless the Minister of the Environment or Governor in Council determines that those effects are in the public interest, taking into account the impacts on the rights of the Indigenous peoples of Canada, all effects that may be caused by the carrying out of the project, the extent to which the project contributes to sustainability and other factors;
(d) establishes a planning phase for a possible impact assessment of a designated project, which includes requirements to cooperate with and consult certain persons and entities and requirements with respect to public participation;
(e) authorizes the Minister to refer an impact assessment of a designated project to a review panel if he or she considers it in the public interest to do so, and requires that an impact assessment be referred to a review panel if the designated project includes physical activities that are regulated under the Nuclear Safety and Control Act, the Canadian Energy Regulator Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act;
(f) establishes time limits with respect to the planning phase, to impact assessments and to certain decisions, in order to ensure that impact assessments are conducted in a timely manner;
(g) provides for public participation and for funding to allow the public to participate in a meaningful manner;
(h) sets out the factors to be taken into account in conducting an impact assessment, including the impacts on the rights of the Indigenous peoples of Canada;
(i) provides for cooperation with certain jurisdictions, including Indigenous governing bodies, through the delegation of any part of an impact assessment, the joint establishment of a review panel or the substitution of another process for the impact assessment;
(j) provides for transparency in decision-making by requiring that the scientific and other information taken into account in an impact assessment, as well as the reasons for decisions, be made available to the public through a registry that is accessible via the Internet;
(k) provides that the Minister may set conditions, including with respect to mitigation measures, that must be implemented by the proponent of a designated project;
(l) provides for the assessment of cumulative effects of existing or future activities in a specific region through regional assessments and of federal policies, plans and programs, and of issues, that are relevant to the impact assessment of designated projects through strategic assessments; and
(m) sets out requirements for an assessment of environmental effects of non-designated projects that are on federal lands or that are to be carried out outside Canada.
Part 2 enacts the Canadian Energy Regulator Act, which establishes the Canadian Energy Regulator and sets out its composition, mandate and powers. The role of the Regulator is to regulate the exploitation, development and transportation of energy within Parliament’s jurisdiction.
The Canadian Energy Regulator Act, among other things,
(a) provides for the establishment of a Commission that is responsible for the adjudicative functions of the Regulator;
(b) ensures the safety and security of persons, energy facilities and abandoned facilities and the protection of property and the environment;
(c) provides for the regulation of pipelines, abandoned pipelines, and traffic, tolls and tariffs relating to the transmission of oil or gas through pipelines;
(d) provides for the regulation of international power lines and certain interprovincial power lines;
(e) provides for the regulation of renewable energy projects and power lines in Canada’s offshore;
(f) provides for the regulation of access to lands;
(g) provides for the regulation of the exportation of oil, gas and electricity and the interprovincial oil and gas trade; and
(h) sets out the process the Commission must follow before making, amending or revoking a declaration of a significant discovery or a commercial discovery under the Canada Oil and Gas Operations Act and the process for appealing a decision made by the Chief Conservation Officer or the Chief Safety Officer under that Act.
Part 2 also repeals the National Energy Board Act.
Part 3 amends the Navigation Protection Act to, among other things,
(a) rename it the Canadian Navigable Waters Act;
(b) provide a comprehensive definition of navigable water;
(c) require that, when making a decision under that Act, the Minister must consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada;
(d) require that an owner apply for an approval for a major work in any navigable water if the work may interfere with navigation;
(e)  set out the factors that the Minister must consider when deciding whether to issue an approval;
(f) provide a process for addressing navigation-related concerns when an owner proposes to carry out a work in navigable waters that are not listed in the schedule;
(g) provide the Minister with powers to address obstructions in any navigable water;
(h) amend the criteria and process for adding a reference to a navigable water to the schedule;
(i) require that the Minister establish a registry; and
(j) provide for new measures for the administration and enforcement of the Act.
Part 4 makes consequential amendments to Acts of Parliament and regulations.

Bill C-69—Proposed Application of Standing Order 69.1

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, I rise to address the points raised by the member for Berthier—Maskinongé in her point of order.

Standing Order 69.1(1) is clear in outlining the procedure as it relates to omnibus legislation.

As stated by my hon. colleague, Bill C-69 seeks to amend more than one act. Where my hon. colleague and I disagree is in the claim that there lacks a common element linking the various underlying elements of this comprehensive piece of legislation.

This legislation is the result of the government's comprehensive review of federal environmental and regulatory processes that were launched in June 2016. The tabling of Bill C-69 in its current form represents the continuation of this government's commitment to address this priority. The engagement process for the bill brought together a range of stakeholders to inform our approach on interconnected and interrelated environmental assessment processes, such as the review of major projects, so as to minimize and mitigate impacts on the country's land, air, and waterways.

Its content represents the outcome of this engagement. Through this bill we seek to strengthen the existing environmental assessment and regulatory processes in a global manner to regain public trust, protect the environment, introduce modern safeguards, advance reconciliation with indigenous peoples, and help get natural resources to market. Introducing these changes via separate legislative vehicles would introduce unnecessary uncertainty and imperil the overall strategy that results from consultations with a broad range of stakeholders.

Our government remains committed to end the inappropriate use of omnibus legislation. Consequently, I respectfully submit to you, Mr. Speaker, that Bill C-69 respects both the letter and the spirit of Standing Order 69.1 in its establishment of a new single Canadian approach to impact assessments.

Bill C-69—Proposal to Apply Standing Order 69.1

[Ruth Ellen Brosseau, NDP, Berthier—Maskinongé, QC]

Mr. Speaker, I rise on a point of order regarding the omnibus nature of the most recent government bill, 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.

I do so somewhat reluctantly because the government has just finished passing a time allocation motion that will limit the debate on this enormous important and sensitive bill. There will be fewer than 10 hours of debate. The time is at such a premium here that I will do my best to be very brief.

I also note, Mr. Speaker, that in your ruling of November 7 of last year on a similar request, you said, “I would encourage them to raise their arguments as early as possible in the process, especially given that the length of debate at a particular stage can be unpredictable.”

I doubt even you could have foreseen the government would have shut the door on debate here after just two hours, but I trust that you will still have enough time to rule on this request before the debate wraps up this Friday.

Standing Order 69.1 states:

In the case where a government bill seeks to repeal, amend or enact more than one act, and where there is not a common element connecting the various provisions or where unrelated matters are linked, the Speaker shall have the power to divide the questions, for the purposes of voting, on the motion for second reading and reference to a committee and the motion for third reading and passage of the bill. The Speaker shall have the power to combine clauses of the bill thematically and to put the aforementioned questions on each of these groups of clauses separately, provided that there will be a single debate at each stage.

Mr. Speaker, as you can see, Bill C-69 repeals two laws, enacts three new laws, and amends 31 existing laws. In total, Bill C-69 will affect 36 statutes. Bill C-69 enacts the impact assessment act, which will replace the Canadian Environmental Assessment Act. As a result, the Canadian Environmental Assessment Act and the Canadian Environmental Assessment Agency, which were put in place by Mr. Harper in 2012, will be replaced by the new impact assessment act and the new impact assessment agency of Canada. This agency will now be responsible for any assessments requiring federal review—

Bill C-69—Time Allocation Motion

[Catherine McKenna, Liberal, Ottawa Centre, ON]

Madam Speaker, let me be clear. Over the 14 months, we travelled across the country. We heard from Canadians. We heard from environmentalists. We heard from industry. We heard from provinces and territories. We heard from indigenous peoples.

When Bill C-69 gets to environment committee, we need to make sure it has time to hear from witnesses, to review the bill, to go clause by clause. As I said, I would be very happy to answer detailed questions at committee.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, I must say I am astonished that the minister is so unfamiliar with the content of the bill she is attempting to rush through the House on this day. This is an omnibus bill, but it is not, as she claims, a bill that brings together four pieces of legislation. If she were aware, Bill C-68 is the Fisheries Act and it was not lumped together with Bill C-69, which is an omnibus bill and requires proper study. It is offensive. If it were good legislation, I might get behind rushing it through, but it is decidedly not good legislation and it must not be rushed. Bill C-68 is good legislation and the fisheries minister, lucky for him, does not have to wear the rest of this package of hybrid Harper-Liberal strategy that will make a mess of our environmental assessment.

Here is some gender analysis on this day that we are expecting a gender budget. For an omnibus bill including legislation that would normally be presented by the male Minister of Transport and another piece of legislation that would normally be presented by the male Minister of Natural Resources, why does she suppose they picked the Minister of Environment and Climate Change to wear the whole thing? They are eroding her political capital by having an omnibus bill where she is the only target.

[Catherine McKenna, Liberal, Ottawa Centre, ON]

Madam Speaker, our government knows how important it is to establish better rules for reviewing environmental processes to protect this country's environment, fish, and waterways, restore public confidence, respect indigenous rights, strengthen our economy, and attract investment.

We agree that this is very important, and that is why it is important for the Standing Committee on the Environment and Sustainable Development to have enough time to complete its study, hear from witnesses, and work on Bill C-69. I hope the NDP will work with us to make sure we have good laws to protect environmental processes.

[Ruth Ellen Brosseau, NDP, Berthier—Maskinongé, QC]

Madam Speaker, I want to stress my disappointment with this government's use of time allocation for Bill C-69. This is an incredibly important bill that is over 400 pages long and affects 36 acts.

The bill was tabled quite recently, on February 8, and was called for debate the following Wednesday, less than a week later. Bill C-69 has been debated for just two hours so far. We still have a chance to debate it today, but our discussion will be curtailed by the government's time allocation motion and the tabling of the budget. Our only other opportunity to debate this bill will be Friday. That means the mammoth Bill C-69 will be debated for less than 10 hours total in the House of Commons.

We just heard the Minister of Environment say that this is a critical bill and it is really important. I just want to ask the government why it is forcing us to have less time to look at this bill and debate this important piece of legislation. It is important to engage in this House of Commons. It is important to make sure that we have the time necessary to evaluate this bill.

[Catherine McKenna, Liberal, Minister of Environment and Climate Change]

Madam Speaker, I absolutely agree that this bill is of critical importance. It is really important that we rebuild trust for lost protections when it comes to our environment, fish, and waterways. We need to make sure that we engage with indigenous peoples. We also need to make sure that we attract investment. It is very important that the environment committee have the appropriate time to review, hear witnesses, and work through the clause-by-clause of Bill C-69. I really hope that the party opposite will join in detailed questions at committee.

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

moved:

That, in relation to Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, not more than one further sitting day after the day on which this Order is adopted shall be allotted to the consideration at second reading stage of the Bill; and

That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Bill C-69—Notice of time allocation motion

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Madam Speaker, an agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the second reading stage of Bill C-69, an act to enact the impact assessment act and the Canadian energy regulator act, to amend the Navigation Protection Act and to make consequential amendments to other acts.

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

Access to Briefing on Bill C-69

[Ruth Ellen Brosseau, NDP, Berthier—Maskinongé, QC]

Mr. Speaker, my colleague, the member for Abbotsford, made some very interesting points in his intervention today on the question of privilege concerning Bill C-69.

We have at hand a very serious matter. I would like to take the time to review it and maybe come back to the House to comment further.

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, I bring before you today a matter of privilege that could more properly be characterized as an issue of contempt of this House. I accept that the complaint that I will present does not fall strictly within one of the specifically defined privileges or confines of a proceeding in the House of Commons, but it does constitute contempt of this House and its members by the Minister of Environment and Climate Change and her staff.

At page 81 of the third edition of House of Commons Procedure and Practice, it states:

There are...other affronts against the dignity and authority of Parliament which may not fall within one of the specifically defined privileges. Thus, the House also claims the right to punish, as a contempt, any action which, though not a breach of a specific privilege, tends to obstruct or impede the House in the performance of its functions; obstructs or impedes any Member or officer of the House in the discharge of their duties; or is an offence against the authority or dignity of the House...its Members, or its officers.

On Thursday, February 8 of this year, the Liberal government tabled in the House 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. In short, these were the government's long-awaited amendments to Canada's environmental impact review process and took the form of an omnibus bill running some 370 pages long.

The Minister of Environment chose to table the bill at 10 o'clock on the morning of February 8, and 45 minutes later, proceeded to hold a formal briefing by her officials, to which only the media and select stakeholders were invited. It was only at 4 p.m., some five-plus hours later, that officials held a briefing for members of this House.

When I became aware of those proposed timelines and circumstances, my office immediately contacted the office of the minister to express my concerns and demand that I be provided access to the first briefing, which was supposed to take place at 10:45 in the morning, to which only the media and select stakeholders had been invited. My staff was told by the environment minister's office that the first briefing was for invited guests only and that neither I nor any of my staff had made the cut. We were not on that approved list.

I did attend the second briefing at four o'clock that afternoon, when I was given a brief opportunity to ask some questions of the departmental staff regarding Bill C-69. Of course, during the intervening period, between 10:45 a.m. and 4 p.m., members of the media were already filing their stories and sympathetic stakeholders were spinning theirs. Opposition MPs were left scrambling to play catch-up to understand the import and consequences of a 370-page bill. Mr. Speaker, you will have no difficulty understanding how challenging it would be for the opposition members of this House to opine intelligently and engage with the media on a bill of that length, especially in the absence of a timely briefing from the minister and/or her officials. The result was that members of Parliament could not adequately respond to inquiries from the media and the broader stakeholder community because we were kept in the dark by the minister and her officials.

There is no doubt in my mind that the briefing of media stakeholders hours before members of this House received one was done with forethought and mischief in mind, if not by the minister, then certainly by her officials. What other explanation can there be for a denial of my specific request to attend the earlier briefing? There is no other conclusion. In so doing, the minister impeded every single member of this House.

The conduct of the minister and her staff is exactly why the tone and tenor of debate in this House has declined. Someone tried to be clever and tried to withhold information from the House, even if temporarily. Someone obstructed our access to public servants who had important information to share, but granted preferential access to the media and sympathetic stakeholders as part of a plan to place a positive spin on legislation that is critically important to Canada's resource economy. Such shabby treatment of the members of this House is unworthy of the government.

Speaker Milliken explained it this way in his ruling on March 19, 2001:

To deny to members information concerning business that is about to come before the House, while at the same time providing such information to media that will likely be questioning members about that business, is a situation that the Chair cannot condone.

In the case Speaker Milliken is referring to, the government briefed the media before the bill was even introduced. In the case before us, the minister at least waited to introduce the bill, but the principle is the same.

I would argue that with a 367-page omnibus bill such as Bill C-69, the minister's responsibility to this House does not end with dumping the bill in the laps of members and running off to brief the media ahead of members. Providing the media with access to information about legislation before members of this House receive it is, as Speaker Milliken ruled, a situation that the Chair should not condone. The minister deliberately withheld information from members, while providing information to the media. As Speaker Milliken also pointed out, that same media will likely be questioning members of this House about the bill. That is exactly what happened to me, and I expect other members of this House.

On page 213 of Joseph Maingot's Parliamentary Privilege in Canada, he states:

There are actions which, while not directly...obstructing the House of Commons or the member, nevertheless obstruct the House in the performance of its functions by diminishing the respect due it. As in the case of a court of law, the House of Commons is entitled to the utmost respect....

I could not agree more. We in opposition and the members of the Liberal backbench deserve more respect from the minister. We, not the media, are the ones tasked with reviewing and shepherding this bill through Parliament. It is not the media that does that.

Mr. Speaker, I would now like to draw your attention to the direction the Prime Minister gave to his ministers after the last election. In releasing these directions, the Prime Minister said:

The documents we are releasing today provide guidance on how we must go about our responsibilities as Ministers, and I encourage Canadians to read them and to hold us accountable for delivering these commitments.

What did the Prime Minister direct his ministers to do? In the Prime Minister's guide to ministers, which is entitled “Open and Accountable Government”, it states:

Clear ministerial accountability to Parliament is fundamental to responsible government, and requires that Ministers provide Parliament with the information it needs to fulfill its roles of legislating, approving the appropriation of funds and holding the government to account.

Did the Minister of Environment forget to read the Prime Minister's direction? Her actions clearly demonstrate that she believes that journalists take priority over members of this House. Someone should point out to her that journalists, although they play an important role in our democracy, are not the ones who will review and process her bill through Parliament. Effectively, she has failed to respect and support parliamentary process.

The Prime Minister also issued a mandate letter to the environment minister, which is public. In it he states:

We have also committed to set a higher bar for openness and transparency in government. It is time to shine more light on government to ensure it remains focused on the people it serves.... It is important that we acknowledge mistakes when we make them.

Just over a week ago, when the minister was in the House, opening debate on Bill C-69, I had the chance to bring this breach of privilege to the minister's attention. I reminded her that she and her officials had scheduled a briefing for the media well before MPs received theirs. I asked her in the House to acknowledge that her actions were wrong and to apologize to the House for those actions. The minister refused to do so, and in fact bridged into a completely unrelated answer, compounding the disrespect she had already shown toward the House.

She clearly has not taken seriously her mandate letter which says, “It is important that we acknowledge mistakes when we make them.” She certainly made one.

The mandate letter goes on to say:

As Minister, you will be held accountable for our commitment to bring a different style of leadership to government. This will include: close collaboration with your colleagues; meaningful engagement with Opposition Members of Parliament....and identifying ways to find solutions and avoid escalating conflicts unnecessarily.

Again, the minister and her government clearly have shown no intention of upholding the purported higher standards that the Prime Minister claimed he would uphold. Sadly, quite to the contrary, he and the Minister of the Environment have regularly flouted the higher standards that the Prime Minister had set for himself and his cabinet.

Each day it becomes more and more obvious that the Minister of the Environment has very little regard for Parliament and its members. Providing the media and select stakeholders with confidential briefings that have priority over those given to members of the House is a profound act of disrespect for this institution, in fact obstructs and impedes the work of the House, and has in fact obstructed and impeded the members of the House in the discharge of their duties, especially as it relates to Bill C-69.

To that end, I believe, Mr. Speaker, you will find the minister's actions to have been within the meaning of contempt as defined as defined on page 81 of the third edition of House of Commons Procedure and Practice.

Mr. Speaker, I am sure you will agree with Joseph Maingot that this institution, Parliament, the House of Commons “is entitled to the utmost respect.”

As I mentioned earlier, this matter could have been disposed of with a simple, heartfelt apology from the Minister of Environment and Climate Change and a commitment to treat her colleagues with greater respect. Clearly, she did not see fit to do so.

Therefore, Mr. Speaker, should you find that there is a prima facie case of contempt or privilege, I am prepared to move the necessary motion to refer the matter to committee.

Business of the House

[Bardish Chagger, Liberal, Waterloo, ON]

Upon our return following the constituency week, we will have two allotted days, the first on Monday, and the other on Thursday.

On Tuesday, we will consider Bill C-69, the environmental assessment act. As the Minister of Finance announced in the House on Tuesday, the budget speech will be held on Tuesday, February 27. Pursuant to Standing Order 83(2), I ask that an order of the day be designated for consideration of this motion at 4 p.m. We will also have the first day of debate on the budget the following Wednesday.

Fisheries Act

[Wayne Stetski, NDP, Kootenay—Columbia, BC]

Mr. Speaker, I would like to thank my colleague across the floor for her work on this, and for bringing in both Bill C-68 and Bill C-69.

My riding of Kootenay—Columbia was Conservative for 21 years. Quite frankly, it was the Conservative government's attack on environmental legislation, including the Fisheries Act, Navigable Waters Act, and the Environmental Assessment Act, that led to the change in my riding of Kootenay—Columbia.

I was a regional manager with Fish and Wildlife for southeastern B.C. from 2002 to 2009. At the time, there was a DFO office in the Kootenays that had four staff working in it. They showed me a staffing chart. They were supposed to go to 12 staff, but by the time 2015 came along, there was not one DFO staff left in the Kootenays.

Would the member support re-establishing a DFO office in Kootenay—Columbia in the southeastern part of B.C.?

The Environment

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, the Liberals promised to actually strengthen the environmental assessment process gutted by the Conservatives. It is still in place. They promised to remove political considerations from assessments and base decisions on project approvals on scientific evidence, yet Bill C-69 retains the government's ability to disregard scientific evidence, traditional knowledge, identification of adverse impacts, health risks, and community concerns, and still deem the project to be in the public interest.

How can the Minister of Environment defend this bill as a strengthened law?

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

Mr. Speaker, the Conservatives implemented a rigorous environmental assessment process enabling Canada to meet its economic and energy needs, all while ensuring that approval decisions are based on science. With Bill C-69, the Liberals are trying to turn this process upside down, even though it works very well.

Can the minister tell us which projects approved under the former process she does not agree with? Which projects would she like to see fail?