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.

Impact Assessment Act

[Karine Trudel, NDP, Jonquière, QC]

Mr. Speaker, I thank my colleague for his speech. I want to talk to him about Bill C-69. The government says it is putting this assessment process in place to rebuild public trust in environmental assessments. I would like to know what the member thinks about the consultation period being shortened. What impact will that have? He talked about small communities. The government says it wants to restore trust and transparency, but it is reducing the time spent on consultation. Reading the bill, we can plainly see that the goal is not establishing public trust.

I would like to hear the member's thoughts.

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

Mr. Speaker, I would agree with the hon. member, particularly with her final statement. We do not believe that this is about establishing trust.

We tried to put together a diagram on how this process, its impact assessment panel and processes would work. It is virtually impossible to work our way through that. Certainly, within that, the government is trying to limit time. At the same time, it is expanding standing, as mentioned earlier. It is expanding the standing to anyone who feels he or she has any sort of contribution to make. It will make it impossible.

I think the member for Lakeland said that if the government expanded it to everyone, it basically would make consultation meaningless. That is true. We have seen that in the past where people flooded the system. They do not have any intention of actually dealing honestly and fairly with the application process. They just want to try to stop it, so they try to bog it down so it cannot work.

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

Mr. Speaker, the Conservative party as a whole has lost touch with Canadians. The Conservatives do not quite understand what we are proposing.

Today, if we want to advance the exportation of energy while being sensitive to the issues of our environment, we need to put in place a process that will allow us to build energy export markets abroad. When we look at the legislation, in good part it is building that social contract or whatever one might want to call it.

My question is based on this. This government has demonstrated it understands the indigenous factor, the environmental factor, and the importance of exporting our energy. We actually got agreements. Does the member believe that under our system we have been successful in getting a pipeline to tidewaters? The Conservatives, in their 10 years, failed miserably at doing that?

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

Mr. Speaker, I do not know why the hon. member continues to spew these falsehoods. He already addressed them earlier. It is just ridiculous. I do not know if he is delusional or is trying to mislead Canadians deliberately. The reality is that the Liberal government has failed at every point on this file.

He talks about the Conservatives losing touch with Canadians. We were not dancing and prancing across India last week. When we talk about building markets, the Liberals failed to do that. They managed to finish up the European free trade agreement because we had it 99.9% done. However, they almost lost it because of their mismanagement and incompetence. They turned around and divided everyone.

They divided indigenous communities across the country because they refused to hold the leaders accountable for the money they spent. We had put that transparency in place.

Everywhere the Liberals go they divide communities and do not keep their promises. Canadians are well aware of that. If anyone has lost touch with Canadians, it is the government.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Mr. Speaker, what the federal Liberals are doing is replicating exactly what they did in Ontario, by making it a purely political decision on whether a project can go forward. They were using an element of their political fortune, or electoral fortune, in some cases, to determine whether a project would go through.

Given the fact that this entity is going to have the Canadian Nuclear Safety Commission folded into it, what is the potential threat to the nuclear industry should this go ahead?

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

Mr. Speaker, I talked a little about the kind of bureaucratic morass those people were putting in place to try to stop energy approvals. Nuclear needs to be an important part of that mix in the future. We do not hear much talk about it from the other benches. However, at every point that each of these agencies is involved, the government has made it more and more difficult for projects to move ahead.

My colleagues talked earlier about certainty, how investors needed to have certainty. I think it is deliberate that the government is creating uncertainty right through the process. It knows full well that investors will not invest in Canada, whether it is energy projects, nuclear projects, or other projects across the country.

[Jennifer O'Connell, Liberal, Pickering—Uxbridge, ON]

Mr. Speaker, I will be splitting my time with the member for Winnipeg South.

It is my pleasure to rise in the House today to speak 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.

Canadians understand that protecting our environment and growing our economy is not an either/or proposition. With hundreds of major resource projects worth over $500 billion in investment planned across Canada over the next 10 years, we need to ensure that better rules are in place so good projects that balance the need for economic growth and environmental protection can go forward.

Bill C-69 would fulfill that objective. It would also fulfill our goal of one project, one review. The review process would be streamlined and would make the process more predictable, timely, and clear, while ensuring stakeholders would be engaged effectively and potential issues with project proposals would be identified up front. These better rules would increase regulatory certainty and clarity, encouraging investment in Canada's natural resources sector.

After a decade that saw the erosion of public trust in our regulatory bodies, Canadians can be assured that we are putting in place better rules to protect our environment, fish, and waterways, with the goal of rebuilding that public trust. I am proud to say that decisions will be guided by science, evidence, and indigenous traditional knowledge. Impact assessment will also consider how projects are consistent with our environmental obligations and climate change commitments, including the Paris agreement on climate change.

A single agency, the impact assessment agency of Canada, would lead all impact assessments for major projects, with the goal of ensuring the approach would be consistent and efficient. Canadians can expect that under our new framework, projects will be held to a high standard and we will protect our environment and build healthy communities.

I am sure all members of the House would agree and recognize that building new and efficient infrastructure systems is necessary in a modern economy. We need bridges and other works to travel, to get goods to market, and to grow our economy. However, these projects need to be built in a way that allows Canadians to continue to travel and enjoy our waterways, and to be safe while doing it.

Canadians travel through our country's vast network of oceans, lakes, rivers and canals for commercial and recreational purposes.

It is important to note that navigable waters also play a critical role for indigenous peoples in the exercise of their rights. The free and unobstructed passage over navigable waters has long been recognized in law and has been one of the foundations of our country.

In 2014, the Navigation Protection Act introduced by the previous government drastically cut back navigation protections by establishing a short list of waters in a schedule to the legislation to focus protection on waterways that were heavily used near large population centres and which had a significant commercial use.

New works on waters not on the legislative schedule, including large dams, do not require any approval under the existing Navigation Protection Act, even though they may create a significant interference to navigation.

Obstructions on navigable waters outside the schedule do not receive protection under the existing legislation. The only recourse for Canadians who have navigation concerns about projects on navigable waters outside of this list is to take the matter to the courts. The Navigation Protection Act reduces transparency and makes it harder to know about proposals for works before they were constructed.

We have heard loud and clear from Canadians that this is not enough protection for their right to navigate our lakes, rivers, and canals. This is why we spent over a year consulting on changes to the Navigation Protection Act to better understand the kinds of navigation protections that Canadians and indigenous peoples were seeking.

During this comprehensive and informative consultation, we heard that Canadians wanted further navigation protections on more waterways, more information about projects that could affect navigation, more opportunities for their navigation concerns to be heard and resolved without going to court, and more clarity on the definition of “navigable water”.

We also heard from indigenous peoples that they want a greater role in protecting navigation in their territories. We heard from industry and provincial representatives, who said they want clear and predictable regulations.

We have listened to these concerns and we have acted. This is why the Canadian navigable waters act would deliver on all of this. First, it would restore navigation protection on all navigable waters in Canada by using modern safeguards. Major works, like dams, would require an approval on any navigable water. Minor works, like small cottage docks, would need to meet the requirements set out by an order in the act on any navigable water. All other work on unscheduled waters would be subject to mandatory notification and consultation requirements, and a new dispute resolution process that could require approvals where concerns remain unresolved. Canadians would no longer have to turn to the courts to resolve these types of issues.

All other works on scheduled waters would also be subject to notification and consultation requirements, but would always require an approval. Owners would not have the choice of using the dispute resolution process because they are proposing to build on waters identified as being vulnerable to impacts on navigation and of the utmost importance to Canadians.

The government is committed to open, accessible, and transparent processes. For the first time, a comprehensive definition of a navigable water would be included in the act. This new, broader definition does not return to the canoe test, which is unworkable in today's context, but actually creates a modern definition to identify the navigable waters that require the protection of the new act.

A strengthened crown-indigenous relationship is at the heart of the proposed approach. The Canadian navigable waters act would require the consideration of indigenous rights and knowledge, and create new opportunities for indigenous peoples to partner with Canada in the administration of navigation protections in their territories and jurisdictions.

Through the Canadian navigable waters act, the government is proposing modern protections for the right of Canadians to navigate on every navigable water in Canada. This protection would be stronger than ever before.

Before building any work on any navigable water, owners of works would have to satisfy the requirements of the navigation legislation. Under the new Canadian navigable waters act, these requirements would be tailored to take into account the many types of works and the many types of navigation that exist in Canada today.

The new Canadian navigable waters act and Bill C-69 is smart legislation, designed to deliver navigation protections where they are needed, to give indigenous peoples and communities a say in what is built in their territories, and to make expectations clear for owners of works. Bill C-69 and the new Canadian navigable waters act gets it right. That is why I am proud to support its passage through the House.

[Randy Hoback, Conservative, Prince Albert, SK]

Mr. Speaker, I thank my colleague across the aisle for her comments on navigable waters. I am glad she brought this up, because I can remember when the Conservative government was in power, the frustrations the municipalities, farmers, and people had with dealing with navigable waters.

A good example is, if they wanted to replace a simple culvert they would have to submit to navigable waters. Three or four months later, with no reply, the costs went through the roof. Therefore, when it came to replacing a simple culvert, which should have been a $4,000 or $5,000 bill, it turned into a $40,000 or $50,000 bill. I want to know if the government is going to reimburse all those municipalities for all the time and delays and costs involved in putting this back into place.

[Jennifer O'Connell, Liberal, Pickering—Uxbridge, ON]

Mr. Speaker, actually, I spent nearly 10 years in municipal government, and I can assure the member and the House that what municipal governments and people across the country want are clear and consistent rules in order to plan the process for their municipality and for their community.

What the previous government did was essentially gut legislation, leaving people, municipalities, and stakeholders across the country trying to guess what the Conservatives would or would not approve. This provides consistency and clear rules that everyone can follow to ensure the protection of our environment.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I perhaps have a different perspective on what this legislation would do. Contrary to what the member is asserting, the Navigation Protection Act does not trigger an environmental assessment. If we look at the effects within federal jurisdiction, guess what is missing in the list: the Navigation Protection Act.

We also have to note that in the bill gone is the list, even the short list, that the Conservatives created of rivers and lakes. It is up to individual citizens who care about their environment to beg to have their lake or river added. We were disappointed when the Liberal majority on committee decided to stick with the evisceration of that law by the Conservatives. Clearly the government has decided the same. This has been completely watered down. Gone is even the word “water”.

There is no guarantee of protection for indigenous peoples in the bill. I need only give the case of oil sands activities in the north and dam approvals. There is absolutely no consideration in the bill of indigenous peoples who will lose access to marshes and so forth where they practice their traditional practices. There is no guarantee in the bill that in the future they will be looked after.

[Jennifer O'Connell, Liberal, Pickering—Uxbridge, ON]

Mr. Speaker, unfortunately that is simply untrue. Under the previous legislation, indigenous peoples did not have a voice at the table. In fact, the change with this bill would ensure that indigenous peoples' concerns are part of the process. An assessment has to be done including indigenous peoples, their traditional knowledge, and the impacts that might affect their communities.

This bill would make those necessary changes that the hon. member is speaking about. The bill would ensure transparency and openness for communities so they do not find out, after the fact when construction begins, about a project. There are opportunities for communities to speak up, raise concerns, and ask questions at the beginning, not after something is already built. This legislation would allow for that public input, versus the previous act, which basically acted in secrecy until the damage was already done.

[Celina Caesar-Chavannes, Liberal, Parliamentary Secretary to the Minister of International Development]

Mr. Speaker, I want to ask my hon. colleague to go back to the creation of the single agency, the impact assessment agency of Canada. I am wondering if she could expand a bit on how having this single agency will streamline processes, reduce costs, and increase efficiency, as well as build trust.

[Jennifer O'Connell, Liberal, Pickering—Uxbridge, ON]

Mr. Speaker, what we have heard for the last number of years when consulting with stakeholders and provinces and territories is that Canadians want a one-approach type process. We all know that in order for good projects to move forward there has to be trust and by limiting regulation, by doing everything up front and having questions and concerns addressed up front, it helps to reduce regulations and it helps to get rid of duplication in provincial and local regulatory processes.

[Terry Duguid, Liberal, Parliamentary Secretary for Status of Women]

Mr. Speaker, I rise today to speak on 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. This important piece of legislation fulfills some of our earliest campaign promises from the 2015 election: restore credibility to environmental assessments, modernize and rebuild trust in the National Energy Board, conduct a wholesale review of the previous government's amendments to the Fisheries Act and the elimination of the Navigable Waters Protection Act with the intent to restore lost protections and incorporate more modern safeguards.

We made this commitment because we recognized that the economy and the environment go hand in hand. By putting in place better rules that protect our environment, fish, and waterways, by rebuilding public trust and respect for indigenous rights, and by strengthening our economy, these new rules will ensure good projects can go ahead and create new jobs and economic opportunities for the middle class. They provide clarity and consistency when it comes to impact assessments by creating a single agency, the impact assessment agency of Canada, which will lead all impact assessments for major projects. It will draw on the lessons learned through other agencies, such as the National Energy Board, the Canadian Nuclear Safety Commission, and offshore boards.

The Minister of Environment and cabinet will have final say over decisions. Our government prioritizes accountability on issues of national interest, and this will allow Canadians to hold our government to account on decisions of importance. The manner in which these decisions are made will be vastly improved by this legislation. Decisions will be made based on science and evidence, not politics, like the previous government's process. We will create more publicly available data to allow Canadians to be informed and involved in these decisions. We are expanding the scope of these reviews to assess their impacts on health, society, and the economy. As the Parliamentary Secretary for Status of Women, I am pleased to see that we will be conducting gender-based analysis as part and parcel of these assessments as well.

We will advance Canada's commitment to reconciliation by recognizing indigenous rights and working in partnership from the start with indigenous communities across the country. We will integrate traditional knowledge into the process, and promote active participation from indigenous communities to ensure their voices are heard.

We will maintain a professional approach to these reviews by creating a predictable, streamlined process. Shorter legislated timelines for the project review phase will be rigorously managed to keep the process on track. Our goal, as the previous speaker mentioned, will be one project, one review.

The bill also seeks to amend the navigable waters act. Water is an issue of utmost importance to me. Lake Winnipeg is one of my home province's most important and treasured resources, and I am incredibly pleased to see this bill recognize and prioritize the importance of water. The Canadian navigable waters act would restore navigation protection for every navigable waterway in Canada. Changes to the Fisheries Act will add important new safeguards for our fisheries, including measures to rebuild damaged fish stocks and restore degraded habitat, ensuring that our fisheries and environment are protected for future generations.

This is not our first effort to protect water in this country. The historic investments we made with the oceans protection plan is a testament to our commitment to this essential natural resource. Canada has the longest coastline in the world. Our coasts support traditional indigenous and coastal community livelihoods, attract tourism, and enable the export and import of goods overseas. They are home to an abundance of Canadian fisheries, and play a key role in strengthening the economy and growing our middle class. That is why our government launched the oceans protection plan, the OPP. It is a historic $1.5 billion investment that will create a world-leading marine safety system, restore and protect Canada's marine ecosystems, and strengthen partnerships with indigenous communities.

Similarly, I am proud of the investment we are making in protecting and rehabilitating the water in the Great Lakes. The Government of Canada is committed to protecting fresh water through science, action, and collaboration with Canadian and American partners and, importantly, indigenous peoples. This includes the freshwater resources of the Lake Winnipeg basin. Budget 2017 allocated $70.5 million over five years to protect Canada's freshwater resources, including the Lake Winnipeg basin at $25.7 million and the Great Lakes at $44.8 million.

Through the $25.7 million allocated to protecting freshwater quality in Lake Winnipeg and its basin, Environment and Climate Change Canada will continue to support research, as well as provide financial support aimed at reducing nutrients, enhancing collaboration, and supporting enhanced engagement of indigenous peoples on freshwater issues in Lake Winnipeg and its basin.

I am extremely proud of the legislation we are debating before the House today. When we first came to office, we knew we had to act swiftly on this file, and did so by implementing the interim principles, offering a glimpse of our vision, and ensuring that projects could continue to be assessed. Now, after thorough consultation with the public and stakeholders, 14 months all told, and the parliamentary input of two committees, we are moving forward with the next steps.

Bill C-69 would ensure that the economy and the environment can both continue to thrive and that good middle-class jobs are created in our resource sector. We are providing clarity and certainty for development projects and ensuring that our natural treasures will be protected for generations to come.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, there are two glaring issues here today. One is that my colleague referred to extensive consultation, yet here in the House we have had two hours of debate on this very extensive omnibus bill, 370 pages, and the government chose to invoke closure on a bill of this magnitude. That is very unfortunate. I wonder if my colleague could comment as to how he can square that circle.

Second, he spoke at length about his pride and how the government has protected and is protecting our water. Just last week, we had 50 million litres of raw sewage dumped from Quebec City into the St. Lawrence River. I wonder if he has seen the aerial photos of that beautiful scene. In 2015, it was eight billion litres of raw sewage from Montreal. How can the member stand here and say that he is proud of his government's record in protecting the water, one of our most precious resources?