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.

Oil and Gas Industry

[Len Webber, Conservative, Calgary Confederation, AB]

Mr. Speaker, Canada's Supreme Court has verified what Conservatives have been saying for a long time, and that is that the Liberal government is out of line, out of step and out of touch when it comes to respecting provincial jurisdiction.

Its reckless spending is only outdone by its unconstitutional attack on Canada's energy sector, the very sector that we will need to pay off Canada's debt. After eight long, miserable years of this Liberal-NDP government, Canadians know this Prime Minister is not worth the cost.

Will the government, for once, work with Canada's provinces and industry, and commit today to repeal Bill C-69?

The Economy

[Shuv Majumdar, Conservative, Calgary Heritage, AB]

Mr. Speaker, grocery inflation is up this year over $1,100 for families. Emissions are up 2.1%, making Canada 58 out of 63 in its commitments. The job-killing, no-more-pipelines Bill C-69, coupled with the carbon tax, now quadrupled, comes precisely at a time when our energy would secure the world, lower emissions and guarantee Canadians could eat, heat and house themselves.

Will this Prime Minister admit that, after eight years, his NDP-Liberal government is not worth the cost?

Canada—Newfoundland and Labrador Atlantic Accord Implementation Act

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Madam Speaker, I rise in strong opposition to Bill C-49. The legislation would amend the Newfoundland and Labrador accord act, as well as the Nova Scotia accord act, legislation that governs and regulates offshore petroleum management between the federal government and those provinces: Newfoundland and Labrador and Nova Scotia. The legislation before us, in short, would establish a single regulator with respect to conventional offshore petroleum, as well as offshore renewables.

I will say in that regard that Conservatives fully support the principle of establishing a regulator responsible for all offshore energy projects. Moreover, we recognize the need to establish a regulatory framework in order for Newfoundland and Labrador, as well as Nova Scotia, to leverage the opportunity to take advantage of the shift toward offshore wind, in particular, and the opportunities that this would provide those two provinces.

That is not the issue. The issue is in the details of the bill, and a very quick review of the bill evidences that it is a badly drafted piece of legislation. It is indeed another disastrous bill from the disastrous Liberal government.

With respect to the environmental assessment process, the bill incorporates the Liberals' anti-energy Bill C-69's Impact Assessment Act. This is legislation that, last Friday, was largely determined by the Supreme Court of Canada to be unconstitutional. Indeed, of the provisions of the Impact Assessment Act that have been incorporated into Bill C-49, each and every one was determined by the court to be unconstitutional.

Members can think about that for a minute. We have a bill, a substantial component of which pertains to something as significant as the environmental assessment process, and it incorporates a statutory scheme that was deemed to be unconstitutional. The environmental assessment process is a pretty big deal when it comes to offshore energy projects.

One would think that a responsible government would go back to the drawing board to get it right. One would think that a responsible government, at the very least, would reflect on the impact of that very clear repudiation of the government's disastrous Bill C-69, which was supported by its coalition partner, the NDP, against the objections of all 10 provincial premiers. However, this is not a responsible government. It is a reckless government.

On Friday, the Supreme Court of Canada in no uncertain terms repudiated the government. On Monday, the government's response was to shut down debate and impose time allocation to see that the bill receives as little scrutiny as possible. It is a bill that would achieve the opposite of what it is purported to do.

The bill would kill offshore renewable projects before they even got off the ground as a result of a significant amount of new red tape, delay and uncertainty. Indeed, if the Liberals were honest, they would call the bill what it actually is: “an act to kill offshore renewable energy”.

I will give you, Madam Speaker, and all hon. members examples of why that is. Pursuant to the accord acts at this time, the minister has a 30-day period to respond to a decision of the regulator as to whether to approve or reject a project. With respect specifically to renewables, not oil and gas offshore, the current government would double the time for the minister to respond from 30 days to 60 days, which is more delay. This is from a government that talks so much about championing renewable energy. However, that is just the beginning, because this bill would provide that the minister may initiate multiple 30-day extensions, so even more delay. This bill would provide the possibility of an indefinite bidding process, even where the regulator gives the green light to a project. That is an indefinite delay.

Where have we seen that before? It was none other than with the Liberals' disastrous and now largely unconstitutional bill, Bill C-69, the no pipelines bill, the Impact Assessment Act. That law came into effect four years ago, again, with the full support of the NDP over the objections of all the provinces. More than 25 projects have been in the queue for approval. How many projects have been approved over four years? The answer is not one, zero. Therefore, the bill has done what we said it would do, which is kill energy projects as a result of delay, uncertainty and red tape. It has also negatively impacted Atlantic Canada, with the $16-billion Bay du Nord project, which is hanging by a thread.

Therefore, they have a disastrous record of zero projects in four years, almost all of them languishing at phase two of a four-phase process. Moving ahead, in the face of that, Liberal MPs from Atlantic Canada have the audacity to stand up and say that the way to develop renewable offshore energy is to duplicate, copy and paste the very regulatory regime that has resulted in zero projects moving forward. It is really quite incredible.

However, it gets worse—

[Shannon Stubbs, Conservative, Lakeland, AB]

Madam Speaker, could my colleague expand on how it is possibly the case that we are in this House of Commons, debating a bill that imports sections from a law that was supported by the NDP and the Liberals, that has been in place for the last five years and that was declared unconstitutional by the Supreme Court on Friday, when specific sections, such as section 61, section 62 and section 64 of Bill C-69 are in Bill C-49?

Conservatives want to green-light green projects, and we want to expand the Canadian oil and gas sector so that the world and all Canadians can have energy security and energy self-sufficiency.

The NDP-Liberals warned expert witnesses and warned every province and territory that was against Bill C-69 at the time or called for major overhauls, but this bill contains sections that, as of Friday, the Supreme Court said were unconstitutional. Could my colleague comment on how it can possibly be that the NDP-Liberals are now trying to ram through a bill containing these sections?

[Tracy Gray, Conservative, Kelowna—Lake Country, BC]

Madam Speaker, it is always a pleasure to rise on behalf of the constituents of Kelowna—Lake Country.

I rise today to speak on the government's latest attempt at over-regulating, bureaucracy-building legislation, Bill C-49.

I have noted in this debate that several speakers on the government side have scarcely spoken about the details in their own legislation. They have spoken solely on the offshore renewable revenue they believe this bill would potentially offer to applicable provinces. I say “potentially” because if the government members had taken more time to study their own bill in greater detail, they would have found that Bill C-49 features such a mess of new red tape, it would be surprising if anyone could complete an offshore project of any kind, let alone have it generate revenue.

This is symptomatic of the government's approach to Canada's resource sector. For every talking point, there are miles of new regulations, new levers for federal bureaucracies to kill jobs and projects, and endless delays. Shovel-ready projects that start with Liberal photo ops are left to be strangled by bureaucratic Liberal laws and regulations.

After eight years, the Liberal government has continued to drop the ball on project after project. We would think the government might act with some humility after last Friday when the Supreme Court of Canada ruled that the government's previous pipeline-killing legislation, Bill C-69, was unconstitutional.

Conservatives warned the Liberals repeatedly that their no-more-pipelines act, Bill C-69, did not respect provincial jurisdiction, and was a power grab by the Prime Minister and his career activist environment minister to phase out these key sectors.

Liberals were called out by energy workers who wanted to keep their livelihoods; by indigenous communities wanting to sustainably develop their lands; by stakeholders in multiple sectors, including wind, hydro and critical minerals; by nine out of 10 provincial governments and every territorial government; and now by the Supreme Court of Canada.

I could speak for hours on the comments made by provincial and business leaders on the Supreme Court of Canada ruling against the unconstitutionality of the Liberal bill, Bill C-69, but I will mention just a few.

The Premier of Alberta said, “The ruling today represents an opportunity for all provinces to stop that bleeding and begin the process of re-attracting those investments and jobs into our economies.” The premier also said, “And we will continue to fight against Ottawa’s unfair overreach”.

The economies of British Columbia and Alberta have been closely intertwined, especially with the resource sector. Many residents in my community of Kelowna—Lake Country have worked in the resource sector in Alberta in the past.

The president of the Independent Contractors and Businesses Association of B.C. said in an interview on Bill C-69 that there is complexity, confusion and cost, and as a result, investors did not know if they were going to be investing in Canada, and whether or not they could get projects to “yes”. That was causing investors to pause and look at other countries rather than Canada.

The World Bank came out a few years ago and ranked Canada number 64 in the world in the length of time it takes to approve a project. That is a very embarrassing statistic for the country.

A 2019 C.D. Howe Institute report titled “A Crisis of Our Own Making: Prospects for Major Natural Resource Projects in Canada”, stated:

With investment in Canada’s resources sector already depressed, the federal government’s proposed Bill C-69 would further discourage investment in the sector by congesting the assessment process with wider public policy concerns and exacerbating the political uncertainty facing proponents with a highly subjective standard for approval.

That is exactly what happened. The cost of the Liberals' refusal to reverse course was billions of dollars in potential investment that was taken out of Canada. Energy projects that would have been built in Canada were instead built in countries with lower environmental standards and fewer labour protections.

This new bill, Bill C-49, should be removed by the government and completely revised because it applies provisions from that now unconstitutional bill, Bill C-69, to Canada's Atlantic offshore sector.

Looking at the core details of Bill C-49, it is very clear in the needless political roadblocks it seeks to create that it would stall projects in our offshore industries.

It triples the approvals timeline from the current framework and takes the final authority in the decision-making away from on-the-ground regulators to ministers in Ottawa. This is once again the Liberal philosophy of “Ottawa knows best”. What would be the result of handing the final approval of offshore energy projects to our Greenpeace activist environment minister? The answer is obvious: no good-paying jobs for hard-working Canadians and instead, political decision-making. We know this from other legislation, like the government's just transition bill, which is seeking to take away jobs from energy workers in exchange for employment that cannot guarantee the same levels of benefits or pay.

Why is the government seeking to hand operational control of the Atlantic offshore industry to a Liberal environment minister who the Newfoundland Liberal member for Avalon said did not understand the “issues of the region”? It is a question only the Liberals can answer.

Regulators who have worked in this sector and this region for years are better placed to make these decisions on a timeline that already works for both regulators and industry. Adding more red tape, which often does nothing more than repeat pre-existing environmental reviews, will do nothing to create good-paying jobs, particularly in renewables. We know this because of the unmitigated disaster the government made of a viable tidal energy power project in Nova Scotia.

Sustainable Marine Energy's Bay of Fundy tidal energy project had enormous potential to deliver clean energy for Canadians. Had it been built, it could have generated up to 2,500 megawatts, while bringing in $100 million in inward investment and eliminating 17,000 tonnes of carbon dioxide annually, the equivalent of taking nearly 3,700 cars off the road. The project was proceeding at pace under the Harper government, but after the Liberal government's election, Sustainable Marine Energy was snagged in a forest of red tape from the Department of Fisheries and Oceans.

After eight years, that company withdrew the project completely last spring. Despite $28.5 million of taxpayer money having been invested into the project, the government refused to release this clean green project from a regulatory trap of its design. The result: taxpayers are out $28 million, Canada loses out on a powerful source of green energy, and the people of Nova Scotia, who had this environmentally friendly project killed in front of them in Ottawa by bureaucrats, are forced to pay Ottawa's carbon tax now.

Bill C-49 will never deliver a dime of renewable revenue to provinces so long as the Liberal government regulates renewable projects like tidal energy out of existence. It will also not deliver revenue from vital offshore drilling projects when the now unconstitutional Bill C-69 enforces impact assessment reviews that last for more than 1,600 days, or when Bill C-55 allows the fisheries minister to select prohibited development areas solely on her call, the power which the legislation today also reaffirms.

The Prime Minister, in the aftermath of Russia's illegal invasion of Ukraine, said there was no business case for LNG exports to be shipped out through Atlantic Canadian ports to our European allies. The United States became the largest exporter of liquefied natural gas in 2021, as projects ramped up production and deliveries surged to Europe to alleviate the energy crisis there.

Just last week, one of Canada's closest and historic allies, France, signed a 27-year deal with Qatar for its LNG production. A 27-year deal would have been a fantastic way to generate revenue for Newfoundlanders, Nova Scotians, Albertans, British Columbians and Canadians. Instead, the Liberal government has no clue about the value of Canada's resources. Instead, it is focused on gaining more political control and its ideological job-killing agenda. It is not even a green agenda because, as I mentioned earlier, the government is happy to kill green projects just as slowly.

A Conservative government will support Canadians in every region by responsibly building energy projects of every variety that bring home jobs for Canadians. We will build green projects to sustain our environment, not just regulate them out of existence. We will champion Canada's world-class resources to our allies and we will deliver results.

The Liberal government only creates more red tape, regulates projects out of existence, drives away investment and brings more control to Ottawa. The Liberal government is just not worth the cost.

[Shannon Stubbs, Conservative, Lakeland, AB]

Madam Speaker, I want to acknowledge that it was the NDP and the Liberals who voted for Bill C-69 at the end stages.

On Friday, the Supreme Court of Canada ruled that significant sections of Bill C-69, in exactly all the ways that Conservatives warned, were unconstitutional. This is important because the Government of Quebec also opposed Bill C-69 as the Liberals were ramming it through in the end stages. The NDP and the Liberals ignored both the Government of Quebec and the Conservative Party which was raising all the issues that the Supreme Court has now highlighted.

Conservatives want to green-light green projects. We want to see petroleum offshore development and renewable offshore development for the people of Atlantic Canada, but here is the problem: Sections 61, 62 and 64 of Bill C-69 are in Bill C-49.

Does the member agree that we need to get that right and make sure that we can pass this bill with the certainty, clarity and confidence that all Canadians deserve?

[Kelly McCauley, Conservative, Edmonton West, AB]

Madam Speaker, I thank my colleague from Winnipeg North for his compelling speech. I say that with a bit of sarcasm.

I want to congratulate the member, though, on his daughter's re-election in Manitoba, the only provincial Liberal elected west of Toronto. I would note that every single Liberal gave resounding, long applause for the announcement that the NDP won the election. All his colleagues are as happy that the Liberals are gone in Manitoba as the Manitobans themselves.

The member repeated quote after quote from Atlantic ministers and premiers on that, but I have a couple of quotes for him that I would like to mention. Sonya Savage, the former Alberta minister of energy, said that Bill C-69 takes “a wrecking ball to the Constitution”. Former premier Kenney said that Bill C-69 is a “prejudicial attack on Alberta”.

Why does the member care only about quotes from ministers who are not from Alberta?

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

Madam Speaker, I did oppose Bill C-69. Some of the hon. member's colleagues have said that anyone who voted for it obviously did not understand environmental assessment.

I do support Bill C-49. The Canada-Nova Scotia and Canada-Newfoundland and Labrador offshore petroleum boards need to have an expanded regulatory capacity to approve offshore wind.

I want to know if he would not agree with me that the tremendous potential for the economy in Atlantic Canada is in wind-generated hydrogen.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Madam Speaker, the hon. Premier Furey has stated that he wants this bill and needs this bill to pass, for clarity, for his own well-being.

It is our job in this House to clear up any confusion. The Supreme Court ruled 5-2 that Bill C-69 was unconstitutional. Over a third of Bill C-49 includes policy from Bill C-69. We need to fix this bill now, before it goes further.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Madam Speaker, it is a pleasure to rise today to speak to Bill C-49.

We are all painfully aware of the Liberal government's track record when it comes to tabling confusing legislation: more gatekeepers, more red tape, longer delays and the politicization of decision-making.

Canadians everywhere are tired of the Prime Minister, who scares businesses away from investing in our country. They are tired of stifling bureaucracy and costly Liberal bills. This bill is full of this.

The Prime Minister and his Liberal government have been in power for eight long years. They have nothing to show on the renewable energy front and have made no progress on attracting investment to Canada's energy sector. It is quite the contrary, so forgive me for being somewhat skeptical about the state of this current legislation as it is written.

We have seen this dog-and-pony show over the last eight years, over and over again. We had Bill C-55, Bill C-68 and Bill C-69, to name just a few. The Liberals consult, they equivocate and they blur the lines. They do everything they can to muddy the water, except get the job done.

Bill C-49 proposes to make the Canada-Newfoundland and Labrador Offshore Petroleum Board and the Canada-Nova Scotia Offshore Petroleum Board regulators. At the same time, it would create a regulatory framework for offshore wind and renewable energy, the regulation of which would be added to their mandates.

As my colleagues have stated before on this subject, the Liberals have finally decided to include the provincial governments as partners in decisions affecting their jurisdiction. Of course, they did not do this with Bill C-69, and we all know where that unconstitutional legislation stands.

Bill C-49 would triple the current regulatory timeline for project approval. Currently, the provincial review boards have the final say on the approval or rejection of a project, at which point the relevant provincial or federal ministers are given a 30-day period to respond before the decision is finalized.

Under Bill C-49, ministers would be given 60 days to respond, with the possibility of a further 30-day extension and a further possibility of an indefinite extension.

Thanks to nearly a decade of the Prime Minister, Canada is a country that is characterized by a strict and stifling red tape regime. We are now among the most costly and regulated business environments in the world.

Liberals continue to attack traditional energy development, trying to recklessly phase it out, to the detriment of all.

I will remind the House that the first thing the Prime Minister did after his election in 2015 was to publicly apologize for Canada's natural resources, saying that he wanted Canadians to be known more for our resourcefulness than our natural resources under his government.

It does not get much more out of touch than that. Liberals say they want to boost alternative energy, yet they use a bill like this to suffocate it in regulation and red tape. The proposed framework is not only one that creates more bureaucracy and red tape, but one that politicizes each and every step of the decision-making process. By giving final authority to federal and provincial ministers, the regulators are reduced to the position of giving recommendations only to the government.

To be clear, Canada's Conservatives support the responsible exploration and development of offshore resources, but we also believe it should be done responsibly, through an arm's-length regulatory process, not political decision-making.

An even more disturbing aspect of this legislation is its potential to be used to impose a complete shutdown on offshore oil and gas development projects at any time. I will say this again. This bill could end offshore petroleum extraction in Atlantic provinces for good at the whim of a minister.

This bill is a direct attack on one of Newfoundland and Labrador's key industries, one that generates billions of dollars of revenue and thousands of jobs. Section 28 and section 137 would allow the federal cabinet to halt an offshore drilling or renewable energy project if the area “may be identified” as a marine protected area in the opinion of cabinet.

I bring us back to Bill C-55, a bill Conservatives staunchly opposed. It allows the fisheries minister to unilaterally declare an area to be a marine protected area, essentially using the precautionary principle to shut down projects in the absence of any scientific proof.

Bill C-49 would do exactly the same, and this should scare every Atlantic Canadian. There could be a unilateral decision by a minister that is not based on science, leading to an arbitrary opinion from the cabinet that leads to the shutdown of a vital offshore resource development project our country desperately needs.

This is not the way to govern if Canada ever hopes to attract business investment in our energy sector. Furthermore, this cancellation process for new or currently operating projects provides no meaningful consultation with indigenous or community interests whatsoever. There is zero responsibility for any stakeholder consultation. This abdication of responsibility, this failure to fulfill the Crown's duty to consult with indigenous interests, may also invite extensive court challenges, leading to further delays as was the case with the Trans Mountain pipeline debacle.

As I alluded to before, there are also a number of practicalities with the bill that beg for clarification. For instance, the bill requires some degree of federal funding to cover the expansion of mapping by the regulators, as well as the expansion of offshore activities generally. As for these financial implications, there is no specific funding allocated. We must also question whether the regulators will need additional personnel for technical expertise, along with additional funding to allow them to properly fulfill their new responsibilities under their new mandate. If so, where is this money coming from? Is it even realistic to expect the regulators to be prepared in a timely fashion to deal with this new work that is currently outside their scope? Bill C-49 leaves much to be desired in the way of clarity.

After eight long years of this Prime Minister, Canadians should be very wary of a government that says, “Don't worry about the details; we'll deal with them later.” They need answers now and they deserve answers now, answers this government must be prepared to provide the House.

I was hoping the government would learn from its failure with Bill C-69, which had the same lack of detail on crucial issues, uncertainty about roles and responsibilities and vague timelines, but this legislation shows that they have learned absolutely nothing, which comes as no surprise.

We see the same inefficiencies of Bill C-69 imported into Bill C-49. Not only does the Impact Assessment Act have provisions to allow the federal minister to interfere in any given project if they deem that it is “in the public interest”, but it would also allow them to create any arbitrary conditions to which a project proponent must comply. How does that create confidence or certainty for investors? Is it not the responsibility of government to create an environment in which businesses want to invest, and in which businesses want to create jobs and opportunities for Canadians? This Prime Minister seems to have forgotten this part of his very own mandate.

These provisions go further and would allow the minister, again, to impose arbitrary conditions during project review, which would serve to further delay timelines for an unspecified amount of time, potentially even years. This will only drive industry away from Canada. It provides absolutely no certainty to these businesses that want to invest potentially billions and billions of dollars in our country.

It cannot be overstated how detrimental the consequences of more Liberal uncertainty are. Shamefully, this has been the effect of taking Canada out of the global competition for energy development, both traditional and alternative, when instead we should be a global leader.

Going back to my earlier comments, perhaps this is exactly what the Prime Minister meant. Not once has he championed the Canadian energy sector on the world stage. Instead, he apologized for our existence, which only drives investment to other countries and squanders opportunities for Canadian workers. We have the resources and we have the workforce and industry leaders. We can be a global leader in the energy sector. Instead, the Prime Minister prefers to cede market share to overseas dictators whose environmental human rights standards are non-existent.

It is time to put Canadian energy first, it is time to put Canadian jobs first and it is time to put Canadians first. It is time to bring home powerful paycheques. We need a Conservative prime minister who will green-light new technologies, reduce approval timelines and remove the Liberal gatekeepers so that major energy infrastructure projects can finally be built in this country once again.

With that, I would like to move, seconded by the member for Lakeland, that the bill be amended by deleting all the words after the word “that” and substituting the following:

the House decline to give second reading to Bill C-49, An Act to amend the Canada—Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to other acts, since sections 61 to 64 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, have been ruled to be unconstitutional by the Supreme Court of Canada, and those same sections are embedded in Bill C-49.

[Gerald Soroka, Conservative, Yellowhead, AB]

Madam Speaker, I must admit that was a very lovely statement that the member for Winnipeg North just cast upon us. However, he is also a member who supported Bill C-69 that was found unconstitutional.

The member talks about how this is going to make it much easier for green projects to be built. I am quite sorry, but that is not true. There are a lot of burdensome regulations in there, and it does not matter whether it is going to be traditional or renewable energy resources. Either way, this bill is going to stifle any kind of development.

[Gerald Soroka, Conservative, Yellowhead, AB]

Madam Speaker, today I rise to speak on Bill C-49, a piece of legislation that has garnered significant attention, concern and debate, both in this House and across our vast nation. As the representative of Yellowhead, a region known for its profound commitment to responsible energy development, I feel compelled to voice the concerns of my constituents.

At first glance, Bill C-49 may appear as a simple regulatory measure. However, digging deeper, we unearth layers of bureaucratic red tape that could stifle our nation's energy ambitions. History has shown that Canada's west, which is rich in resources and determination, has the potential to drive our national economy, yet time and time again, we find ourselves grappling with legislation that seems more intent on creating roadblocks than pathways.

A case in point is Bill C-69, which has been dubbed the no-more-pipelines bill by many. While the bill promised streamline processes and heightened project approval rates, the results have been far from encouraging. The stagnation is not just concerning, it is alarming.

Recently, large portions of Bill C-69 were deemed unconstitutional, casting a shadow over its legitimacy and efficacy. Instead of learning from these missteps, Bill C-49 threatens to echo these sentiments.

It layers on more gatekeepers, prolongs timelines and moves us further from our energy development goals. The current 30-day window for cabinet decisions could be stretched out, making it harder for projects to gain momentum. Is this the vision we have for Canada's energy sector?

Section 28 and section 137 of this bill would grant unchecked power to select officials by allowing them to potentially halt projects based on speculation rather than solid evidence. This is not how we should be governing our energy sector, or any sector for that matter.

Furthermore, I am deeply troubled by the absence of consultation with the fishing industry. Our commercial fishing communities play a pivotal role in our national fabric. To leave the industry out of the conversations surrounding Bill C-49 is not just an oversight, but a grave error.

I implore my colleagues, especially those representing Atlantic Canada, to critically assess Bill C-49. It is essential that we do not find ourselves down a path reminiscent of the failed and recently found unconstitutional bill, Bill C-69.

It is not just about looking at Bill C-49 in isolation. It is about understanding its place within a larger tapestry of regulations with potential cascading effects and how it communicates our nation's stance on energy development to the world.

When global investors see a nation riddled with regulatory obstacles and prolonged approval processes, they hesitate. They wonder if their investments would be bogged down in red tape, rather than contributing to tangible development and returns. In this globalized era where nations vie for the same pool of investments, we cannot afford to send mixed signals.

Yellowhead, the region I am honoured to represent, embodies the pioneering spirit of Canada. Our people understand the value of hard work, the balance of harnessing resources while preserving the environment and the importance of creating sustainable futures for our children.

When faced with bills like Bill C-49, my constituents cannot help but feel their ambitions are being curtailed and their efforts marginalized. What kind of message are we sending to innovators and entrepreneurs when we allow bureaucracy to overshadow ingenuity? Do we want to be a nation that says we value green energy, yet simultaneously creates hurdles for its implementation?

Our constituents deserve clarity. They deserve to understand where we stand as a nation on energy, be it traditional or renewable. Bills like Bill C-49 do not provide that clarity. Instead, they further muddy the waters, leaving our energy sector, investors and countless Canadians whose livelihoods depend on it in a state of uncertainty.

As we move forward in our deliberations, I urge all members of this House to reflect not just on the specifications of Bill C-49, but on the broader message it sends about Canada's energy ambitions. Are we paving a way for innovation, sustainability and prosperity, or are we creating more roadblocks?

Our path should be clear. It should be one that aligns with our nation's values, our people's ambitions and our shared vision for a prosperous future.

While we have discussed the energy sector at length, there is another point we need to address, which is the overarching issue of governance, checks and balances. The manner in which projects are approved and by whom is critical to any democracy. Our systems are set up to ensure that no single entity has unchecked powers, but Bill C-49 challenges that foundation.

Let us examine the discretionary powers given to certain departments and ministers. This bill is granting a level of authority to officials that is a profound overstep in proper governance. To be clear, this is not about the mistrust of any individual or department; rather, it is about preserving the balance of power and ensuring that our projects undergo rigorous, unbiased scrutiny. The way the bill is written allows for the potential blocking of projects based not on existing tangible concerns but on speculative future possibilities. The implications of such a provision are profound. Can we in good faith stall or reject initiatives based on what might or might not happen in the future? This is a slippery slope.

Today it is a hypothetical future establishment of a marine protected area, but tomorrow it could be any number of speculative scenarios.

Furthermore, the recent decision of Bill C-69 rings in my ears, a bill that was found to be largely unconstitutional.

We are tasked with a duty to create and uphold laws that not only serve our nation's interests but also align with the foundational tenets of our Constitution. We must tread carefully, ensuring that the powers we grant and the decisions we make stand the test of constitutional scrutiny. As representatives, it is our duty to stand up and ensure that any bill, including Bill C-49, does not undermine the checks and balances that are integral to our democracy. It is not just about energy, fisheries or any singular domain, but about ensuring that we safeguard the processes, checks and balances that have served our nation well for over a century.

Let us pivot our attention to the precedents this bill may set, especially in regions like Yellowhead. My constituents are hard-working individuals who are deeply connected to their land and environment. Our region boasts an abundance of natural resources and we wear our badge of responsible stewardship with pride. The decisions we make here have profound ripple effects on their lives and they anticipate a bill that resonates with their aspirations, traditions and future, yet Bill C-49 emanates an unsettling ambiance of unpredictability. By extending decision-making durations, we risk strangling potential projects in the web of red tape. Every additional day waiting for decisions translates to missed ventures, evaporating investments and, tragically, job opportunities slipping through the fingers of deserving Canadians. In an era where global competition is fierce, Canada's industries must remain nimble and compelling. While addressing environmental concerns is non-negotiable, our approach must also facilitate growth and progress. Burdensome regulations that deter investment and impede rapid action can render Canada an unattractive site for both local and global investors.

While the essence of Bill C-49 is noble, its present rendition leaves several questions unanswered. It is incumbent upon us, as representatives of Canada, to ensure our legislation strikes the right chord of fairness, dynamic progress and inclusivity.

I urge my colleagues to reflect deeply on the ramifications of this bill. I intend to hear from our diverse constituents.

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

Madam Speaker, I noted earlier in debate that some members incorrectly said that the findings of the Supreme Court of Canada in the reference case on the impact assessment meant that there would be overreach in this bill, Bill C-49. As a formerly practising environmental lawyer who did not think Bill C-69 was constitutional, I would like to say that Bill C-49 is absolutely constitutional. There is nothing more federal than the offshore. This is federal jurisdiction.

Is my hon. colleague aware that the race is on right now between the United States and China to see who can get more offshore wind in faster?

[Earl Dreeshen, Conservative, Red Deer—Mountain View, AB]

Mr. Speaker, this past weekend marked a significant milestone for many of us in this House. It has been 15 years since the class of 2008 began its journey of service to Canadians. I still have the picture on my refrigerator of my brothers and my father celebrating that special evening.

My first duty as an MP in this House was the spectacle of the multi-vote Speaker selection, which was particularly significant to me.

During the first break, I crossed the floor to speak to a hockey idol, or nemesis, of mine, the hon. Ken Dryden. I relayed to him how, as an eight-year-old, I had been told by my aunt that we had this relative who may even make it to the NHL some time. She was an Orr. We had a lot to discuss.

During the second vote break, I noticed the Right Hon. Stephen Harper doing paperwork at his desk in the House, so I went over to chat and enjoyed a fantastic one-on-one discussion with him. I proudly relayed those two experiences to my father while he lay in his hospital bed just a week before he passed away. It was the last smile we shared.

I am happy to speak to this legislation today, as it fits well into the responsibilities that I have been engaged in over this past decade and a half. The committees that I have served on that have touched this file include international trade, science innovation and technology, indigenous affairs, environment and, most recently, natural resources.

I have also advocated for Canadian resources on the global stage through the OSCE, ParlAmericas and Asia-Pacific. Most specifically, this advocacy has been on food security, energy security and addressing global conflict with rogue states, as well as international terrorism.

On the international front, when the Liberals, particularly the Prime Minister, get the opportunity to grandstand, it is a bewildering sight. Whether it be disruptive trade irritants with our trusted allies, ill-conceived and anti-natural resource eco-activist proclamations or unprofessional statements to global leaders, sadly, we now have a global reputation where we are showing others just how unreliable we are.

When it comes to the actions of the Prime Minister and his numerous environment ministers, the effects on both the energy industry and the global environment, as well as the lost revenue that could have kept our economy strong, could not be more dire.

This bill would amend the Canada-Newfoundland and Labrador Offshore Petroleum Board and the Canada-Nova Scotia Offshore Petroleum Board by adding offshore renewables to their mandates. It would also create a regulatory regime for offshore wind and other renewable energy projects similar to those that currently exist for petroleum operations.

It would also allow the federal government to rely on regulators for indigenous consultation. Unfortunately, this might result in court challenges and detrimental judicial decisions. This bill would add more red tape and uncertainty to an already overburdened bureaucratic framework.

The Atlantic offshore drilling ban could end offshore petroleum drilling in the Atlantic provinces in any designated region deemed to be a prohibited development area. Again, this would be done by political decree.

Let me express my admiration for the thousands of Maritimers who shared my home province of Alberta and became experts in oil and gas extraction. As with any job so far from home, it was a true family commitment. It has also helped enhance the energy expertise needed to explore and extract oil and gas in the Atlantic offshore. Sadly, the government views any criticism of its lauded legislative goals as being anti-Atlantic. That could be no further from the truth.

The energy industry knows far too well the effects of Liberal policy on its Canadian assets. The industry does not need even more investors turning their backs on ethically produced and carbon-reduced energy, as well as strong workers rights, to satisfy the ideological fantasies of the Prime Minister and his cabinet.

The proposal to rely on regulators to satisfy the duty to consult with indigenous people, particularly in the proposed section 62, is of concern. It is well known that the government does not have a solid track record when it comes to serious discussions with indigenous people. The proposed section may face challenges in the future and jeopardize both offshore petroleum and renewable energy proposals on the grounds that it is the Crown's duty to consult, and this cannot be delegated elsewhere.

In the past, judicial decisions on major energy projects consistently cited the failure of a two-way dynamic and the lack of a decision-maker at the table during Crown-indigenous consultations. Is that what is being created here?

The legislation also speaks of indigenous collaboration. The history of the government's policies could leave billions of dollars of indigenous assets at risk. Will this be addressed?

The government currently formulates most of its environmental goals around the American Inflation Reduction Act, thinking that we will somehow benefit from American benevolence. Where was the government when the Biden administration's first action was to cancel the Keystone XL pipeline? There is not a chance that it was advocating for Canadian energy. It was too busy gleefully rubbing its hands, because someone else had done the dirty work. What are the consequences of these actions?

The Americans are not fools. Instead of allowing Canadian products to get to world markets, the U.S. is now flooding these same markets with their oil and gas. Indeed, we were outsmarted and outplayed, because the Americans knew the Liberals were more concerned with ideology than practicality. So much for ensuring that the energy produced in the most environmentally friendly way in the world makes it to our trading partners' shores.

However, there is a chance that our Atlantic offshore energy could help make this happen, as long as we do not put too many obstacles in the way. Many of the provisions and regulations that we see in this bill mirror the legislation that has just been struck down by the Supreme Court of Canada. On the issue of the recent SCC decision, there is much more to it than just this proclamation.

In September 2019, the Alberta government announced its court challenge of Bill C-69, and on May 10, 2022, Alberta's Court of Appeal deemed Bill C-69 unconstitutional. This of course prompted the Government of Canada to appeal that decision, which is its right.

Meanwhile, other provinces chimed in, stating their disapproval of the Impact Assessment Act provisions and the act's intrusion on provincial jurisdiction. I state this because the mechanism associated with Bill C-69 is mirrored in this legislation.

The jurisdictional overreach of Bill C-69 allowed for political interference in the regulatory process by the Minister of Environment and cabinet. It has been disastrous for Canada's extraction industries.

Conservatives have warned the government and its NDP enablers that this unprecedented power over provincial infrastructure, industry and natural resources, including wind, hydro, critical minerals, and oil and gas, would hurt Canadian workers and was unconstitutional. This was upheld in the SCC decision this past week.

One of the other features of this bill addresses the full life-cycle analysis of renewable projects. This has been one of my missions when discussing both renewable and non-renewable energies. We have to analyze the environmental impact of all forms of energy, including its transmission. We must also measure the impact associated with the machines that are powered by this energy. Only then can we fairly determine what is the best type of system available for each region of this vast nation. This is important, because we are sorely needed on the world stage.

As I mentioned earlier, I have spoken up consistently in support of Canadian resources, both for agriculture and renewable and non-renewable energy. We hear from the government how European countries are onside with Canada's aggressive carbon tax and its anti-oil strategy. It may make them feel good that other ideological governments share their vision, but that is not the reality on the ground.

On the political front, we see those governments that continue to push the global green agenda onto its electorate being laid waste. The Liberal members seem to be too blinded by their leader's aura to see that it is happening here as well. This strategy of pitting one group against another is a logical tactic for combat, but not an honourable formula for governing. This is why this legislation needs to be amended.

Oil and Gas Industry

[Tim Uppal, Conservative, Edmonton Mill Woods, AB]

Mr. Speaker, after eight years of the Prime Minister's gatekeeping, anti-pipeline, anti-resource development policies, hundreds of billions of dollars of project investments have fled Canada, taking countless powerful paycheques away from Canadian workers.

The Liberals are just not worth the cost. Conservatives warned the Liberals that their plans to steamroll provinces by giving themselves unprecedented powers over provincial infrastructure, industry and natural resources through their no-more-pipelines bill, Bill C-69, was unconstitutional.

Will the Liberals repeal Bill C-69 now that the Supreme Court has ruled it unconstitutional? Yes or no?