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

This bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Sponsor

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-69s:

C-69 (2024) Law Budget Implementation Act, 2024, No. 1
C-69 (2015) Penalties for the Criminal Possession of Firearms Act
C-69 (2005) An Act to amend the Agricultural Marketing Programs Act

Votes

June 13, 2019 Passed Motion respecting Senate amendments to Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
June 13, 2019 Failed Motion respecting Senate amendments to Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (amendment)
June 13, 2019 Passed Motion for closure
June 20, 2018 Passed 3rd reading and adoption of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
June 20, 2018 Passed 3rd reading and adoption of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
June 19, 2018 Passed 3rd reading and adoption of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (previous question)
June 11, 2018 Passed Concurrence at report stage of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
June 11, 2018 Failed Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (report stage amendment)
June 11, 2018 Failed Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (report stage amendment)
June 11, 2018 Failed Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (report stage amendment)
June 11, 2018 Failed Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (report stage amendment)
June 11, 2018 Failed Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (report stage amendment)
June 11, 2018 Failed Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (report stage amendment)
June 6, 2018 Passed Time allocation for Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
March 19, 2018 Passed 2nd reading of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
March 19, 2018 Passed 2nd reading of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
Feb. 27, 2018 Passed Time allocation for Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts

Motions in AmendmentImpact Assessment ActGovernment Orders

June 5th, 2018 / 1:10 p.m.

Liberal

Jonathan Wilkinson Liberal North Vancouver, BC

Mr. Speaker, the focus of the conversation today is Bill C-69. I do not think the hon. member was actually speaking to the bill.

The focus is really very much on enhancing the integrity and transparency of the process, and restoring the public trust that was destroyed in 2012 by the Harper government when it introduced significant changes to the environmental assessment process, the Fisheries Act, and the Navigable Waters Act. This government is very focused on ensuring that we are in a position to address legitimate environmental concerns so that good projects can move forward in an expedited way to ensure that we are creating good middle-class jobs for Canadians.

Motions in AmendmentImpact Assessment ActGovernment Orders

June 5th, 2018 / 1:10 p.m.

NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I am pleased to have the opportunity to speak to Bill C-69 at report stage. It has been a long time coming, since it was one of the major promises the Liberal Party made to Canadians during the last election.

In 2012, the environmental assessment process was scrapped, which undermined Quebeckers’ and other Canadians’ confidence in an independent, transparent, fair, balanced and scientific process based on facts. It was absolutely necessary that we change course and repair the damage done, but, unfortunately, the attempt is a bit late and, once again, half-hearted.

The parliamentary secretary said that the delay was in large part due to the consultations the Liberal government conducted and the fact that it created expert committees that made their own recommendations. I might believe that if the government had listened to the recommendations made by the experts and by the citizens of Canada. Unfortunately, that is not the case. It received a number of good suggestions and recommendations from the panels it created, but it rejected practically all of the suggestions from the environmental and scientific communities.

Despite the Liberals’ rhetoric and their boasting about having collaborated, they rejected 99% of all amendments proposed by the opposition parties in committee in an effort to improve the bill. Almost all of the 33 amendments that were accepted in committee were proposed by Liberal members. I wanted to set the record straight.

We in the NDP believe that the Liberals took their time because they were actually pleased to be able to use the old Conservative system to quickly and quietly pass certain projects that they did not want people to look at too closely. I am thinking in particular of Kinder Morgan’s Trans Mountain pipeline project. As luck would have it, it is too late for the project to be assessed under the new system.

They tried to tinker with the existing process by adding criteria, some of which are not being met. Contrary to the clear promise made by the Prime Minister in British Columbia during the election campaign that no new pipeline projects would be accepted under Stephen Harper’s environmental assessment process, the Liberals were far from thorough. Astonishingly, once again, they broke their promise and approved the project under an obsolete system that they criticized and said they did not trust.

Today, we are wondering how we can trust the government’s decision. I do not even want to talk about the fact that we are spending who knows how many billions of dollars to purchase a pipeline that no one will want in 30 or 40 years because it will be worthless.

If we are in trouble up to our necks today because of the Kinder Morgan Trans Mountain pipeline scandal, it is in large part because, from the get-go, the Liberals did not fulfill their promise, did not do their job, and rushed the project through without the people’s consent. They did not respect the first nations’ territories, and the first nations are challenging the legitimacy of the pipeline in court and complaining that they are not getting their due respect and that no one is listening to them.

Last week, everyone, Liberal and New Democrat alike, was pleased with the support for my colleague’s bill making the United Nations Declaration on the Rights of Indigenous Peoples law in Canada. Just five days later, however, the Liberal government was already breaking its commitment by refusing to incorporate the declaration's principles into the Trans Mountain pipeline project. That is a betrayal. I have never seen a government flip-flop in such a way in under a week.

To get back to Bill C-69, we believe that there are three key issues. The first concerns how we determine which projects will be assessed.

The second is how we choose the expert panels to do the assessment, and whether they are truly independent. The third involves the minister’s discretion when it comes to accepting or refusing the experts’ recommendations and the results of the environmental assessment. We have a problem with these three issues.

First, and this is critical, there is no definition or criteria for determining which economic or energy development project will be subject to the new environmental assessment process. Astonishingly, the parliamentary secretary just conceded the point to me. If a project is not assessed, we can have the best process in the world, but it will not do us any good. If I buy a new computer and I leave it in the box in the corner of my office, I will not derive any benefit from it. We now fear the worst. The absence of clear criteria, commitments or a list of projects means that projects that will have an impact on territories and communities might very well not be subject to the new Canadian Environmental Assessment Agency process.

This discretion, this willingness to select projects as it sees fit in a seemingly random fashion is a huge problem for us as environmentalists, and for people who want to do serious work.

Second, there are many in the community who have serious doubts about the political independence of the panels that will be appointed to consult scientists, indigenous peoples and Canadians in general. Will these experts not simply be political hacks that will become complacent or shut their eyes to certain issues instead of doing their job?

We have seen the credibility of the National Energy Board suffer because of this type of cronyism. The Centre québécois du droit de l’environnement shares our concern; it made two statements that I would like to share. The first is, and I quote, “In order to restore confidence, project assessment panels must be truly independent from both industry and the government”, and the second, “Bill [C-69] contains no mechanism for ensuring independence from political interference or avoiding partisan appointments or complacency in assessment panels, on whose recommendations the government now bases its final decisions.”

We are not the only ones to say so. There is a fundamental problem with the fact that there is no guarantee, no structure for preventing politics and partisanship from affecting the assessments. There could be a considerable loss of credibility. That would be a shame, because it is really an institution based on trust. Here is a good example: the BAPE is a respected institution in Québec, and Quebeckers have confidence in it. We would like to see that model used, and we do not understand why, in its bill, the federal government did not include anything about accepting environmental assessment processes carried out in some of the provinces, including Québec, since the BAPE is recognized by all of the stakeholders and groups at the table.

The third issue involves the end of the process. Decisions are made regarding which projects will be assessed, experts are appointed to engage in consultations, scientists and local populations are listened to, the general mood is gauged and the indigenous peoples involved are given a chance to express themselves but, at the end of the day, the sitting minister is not bound by the assessment panel’s recommendation. An assessment panel could say that there are too many dangers, too many risks, that the project is not acceptable to the population and that it is dangerous for the environment but, in the end, the minister could order that the project go ahead anyway.

Today, we have a Minister of Environment who says she is concerned about the environment. In my opinion, sometimes she is, sometimes she is not. However, this legislative provision will remain on the books for many Parliaments down the road. We think that this is extremely dangerous, because in the past we have seen a minister dismiss indigenous peoples, scientists and Canadians in general and opt for projects that pose a danger to our environment, our ecosystems and public health.

Motions in AmendmentImpact Assessment ActGovernment Orders

June 5th, 2018 / 1:20 p.m.

NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, I thank my colleague from Rosemont—La Petite-Patrie for his work on this issue and the speech he just gave.

I must admit that, as I read bills, as an opposition member, I too try to find positive points. Our role is to try to improve bills, not simply oppose them. I was thrilled to see that the traditional knowledge of first nations would be taken into consideration in the assessment process moving forward. However, I must also admit that I am deeply concerned about the Liberal government's decision to purchase a $4.5-billion pipeline this week and how it voted on a motion we moved last week.

Why should we believe that first nations' traditional knowledge really will be taken into account in the environmental assessment process?

Motions in AmendmentImpact Assessment ActGovernment Orders

June 5th, 2018 / 1:25 p.m.

NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I thank my colleague from Trois-Rivières for his question.

I share his concern and his apprehension, because this government has said one thing and done the opposite all too often. Therefore, yes, this might look good on paper, but when we consider the decisions this government has actually made, it simply does not pass a reality check. It is constantly contradicting itself.

It is troubling, because if we do not have a mechanism in place to ensure that expert panels really are free of all political influence, it means that the government could easily ignore the lofty principles set out in Bill C-69, just as it is now ignoring the principle of informed, clear, and transparent consultation with indigenous peoples regarding the Trans Mountain pipeline, which the government just bought with our money.

Motions in AmendmentImpact Assessment ActGovernment Orders

June 5th, 2018 / 1:25 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, my colleague has highlighted many of the challenges Bill C-69 presents. We also have concerns with Bill C-69, but they are concerns that investment in Canada is fleeing. In fact, over the last two years, we have seen the most dramatic drop in foreign investment the country has ever seen. We have seen it drop in half. That is because the investment environment in Canada is one that is no longer attractive and welcoming to the people who want to invest, especially in our resource industry.

Recently, the Kinder Morgan Trans Mountain was purchased by the government, which shocked all of us. The last time that happened was under the Prime Minister's father, who was prime minister at the time. We know how that played out. Eventually Petro-Canada was returned to the private sector. It always should have been in private hands.

The member clearly is not a big supporter of the Kinder Morgan pipeline, yet we still have a robust oil industry in Canada. Canada has the third-largest oil reserves in the world. The world still is beating a path to our doorstep, wanting to buy our oil. Therefore, if the member is not supportive of the Kinder Morgan pipeline, does he then propose that we continue to use and increase the use of rail to transport oil? His own province has had a big problem at Lac-Mégantic with oil being transported by rail. Is that his solution to the way we get oil to markets outside of Canada?

Motions in AmendmentImpact Assessment ActGovernment Orders

June 5th, 2018 / 1:25 p.m.

NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I thank my colleague for the question.

Obviously, I think that we do not share the same perspective. To the NDP, the energy sector is more than just oil and gas. We think that instead of debating pipelines or trains we should be changing the channel and looking at alternatives.

I thank my colleague for pointing out that the Liberal government foolishly decided out of the blue to spend billions of dollars of Canadians' money on a project that it never said it would undertake. Let us be clear, the $4.5 billion is just the beginning. No jobs will be created; this is just to buy existing equipment and infrastructure. Kinder Morgan was talking about investing at least an additional $7.4 billion to expand the pipeline. That brings us to $11.9 billion.

We are more interested in what we might do with renewable energies and future investments in jobs for today and tomorrow. The NDP is interested in being able to invest in an energy transition that is fair to workers.

Motions in AmendmentImpact Assessment ActGovernment Orders

June 5th, 2018 / 1:25 p.m.

Liberal

William Amos Liberal Pontiac, QC

Mr. Speaker, I am pleased to speak to Bill C-69, which is very important.

Following the debate on the previous government's reform of the Canadian Environmental Assessment Act, I was very pleased to see that we are moving forward with this bill, which is the product of extensive consultation over the past two years.

I would like to recognize the hard work that the Standing Committee on Environment and Sustainable Development did on this file. The committee heard from more than 50 witnesses and received 150 briefs. Several hundred amendments were proposed, 130 of which were adopted. It is therefore clear that this was a very robust process, and I would like to commend my colleagues for the work they did in committee. I was very impressed by their willingness to consider possible improvements.

I would like to focus a bit on that aspect in particular. I note our chair and vice-chair are sitting opposite having a discussion, likely on topics related to the committee's work. This committee was charged with an important assignment, which was to ensure democracy functioned in the context of reviewing complex legislation.

If we rewind to 2012, the Canadian Environmental Assessment Act, 2012 was incorporated into the previous Conservative government's budget bill. It was an entire replacement of the previous Environmental Assessment Act. It was brought through the omnibus budget bill and there were no hearings specifically on the bill to reform the environmental assessment rules. That was criticized across the country, from indigenous communities to environmental groups. Even municipal actors were literally appalled at the anti-democratic approach taken to amend that law.

Therefore, the pendulum swings back a bit. We knew and committed in the previous campaign to reforming that legislation. Thankfully, pursuant to many months of consultation, a better starting point, which was Bill C-69, was achieved. However, when it went to committee, to the committee's great credit, all sorts of analysis was brought to bear from members opposite , from the New Democratic Party, the Green Party, and the Conservative Party. Every party that participated, with the possible exception of the Bloc, independent Bloc, and the CCF, brought forward an amendment that was voted upon and approved, which is a remarkable achievement.

It is also important to note that the government, in particular the Minister of Environment, the Minister of Transport, and the Minister of Natural Resources have commented positively on the amendments brought forward by the committee, on which we will subsequently be voting.

One hundred and fifty amendments were made. The government is responding positively to the fact that these changes are being brought in to ensure openness and transparency, improve public participation, better engage indigenous communities, and to provide greater predictability and certainty for our businesses and those who wish to bring good projects forward. The fact that agreement could be reached on 150 amendments is a tremendous statement and says a lot about the state of democracy right now. That is a really important thing.

I would like to first look at some of the amendments, particularly those related to reconciliation and navigable waters.

With regard to reconciliation, I was very proud to work with my colleagues, including opposition members, to propose amendments that would incorporate the United Nations Declaration on the Rights of Indigenous Peoples into the bill. That is very important and our government supports enshrining the declaration in law through Bill C-262, which will soon become law.

I would like to congratulate those who worked on Bill C-69, because including the declaration in future impact assessments across the country will be very good for reconciliation and for the development of nation-to-nation relationships.

I would also like to mention how the bill now provides for calling on indigenous peoples' knowledge and expertise when impact assessments are conducted. That will help to improve future project analyses. We need to improve our way of working with indigenous peoples on impact assessments.

Protection of waterways is another very important aspect, and we all know the former government scrapped several provisions protecting navigable waters. Since 2015, the government has been working very hard to improve those protections because waterways and navigation rights are protected not only by statute but also under common law.

The protections for navigable waters are of crucial importance to Canadians, and certainly to the constituents I represent in the Pontiac.

With respect to navigation, very important changes were brought by the committee to ensure water flows would be protected. That is a really crucial piece of the puzzle. Why? Because many Canadian communities, indigenous groups, and paddling groups were concerned that projects might move forward and would not receive the necessary scrutiny, that the law would not necessarily enable protection of the flows of water that would go down various waterways, whether that is the Ottawa River, the Gatineau River, the St. Lawrence Seaway, or other major waterways. That is a key point, and I am very proud our committee brought forward those amendments.

Overall, I would like to conclude by suggesting that beyond the hyperbole, beyond all of the easy, partisan criticism that has been lobbed from the other side, at the end of the day, Canadians are looking for a stronger process that builds trust when good projects come forward and ensures the independence of decision-makers in the context of evaluating projects. We need the public to not only know that a good analysis is being done, but that this analysis is being done independently, on the basis of solid, hard evidence, and on the basis of the engagement of Canada's indigenous peoples.

I am really proud of the work our government has done. Bill C-69 is a good starting point. The committee worked very hard to achieve improvements on it. I commend the government for its positive reaction to the changes brought forward by the standing committee.

Motions in AmendmentImpact Assessment ActGovernment Orders

June 5th, 2018 / 1:35 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, that member is an invaluable member of our environment committee, and I enjoy working with him.

He did mention the navigable waters piece in Bill C-69. We need to make it very clear in the House that navigable waters is about navigation. It has nothing to do with the environment.

The previous government made those changes to the navigable waters act because government officials with sidearms were accosting farmers in fields who had dug a ditch that was classified as a waterway. They told our farmers not to touch or clean that ditch because they would be breaking the law. Imagine how farmers reacted. In my City of Abbotsford, the community I represent, farmers were livid about how the government approached this.

Another reason we moved forward with changes to the navigable waters legislation was because it was about navigation, not about the environment. The Liberal government seems to conflate those and has taken the navigable waters legislation and thrown it in the middle of Bill C-69, which is essentially an environmental piece of legislation. Does the member not understand that navigable waters is about protecting navigation? It should not cover minor waterways.

Why is his government so intent on changing and trying to remediate a piece of legislation that was actually working very well for those impacted by it?

Motions in AmendmentImpact Assessment ActGovernment Orders

June 5th, 2018 / 1:40 p.m.

Liberal

William Amos Liberal Pontiac, QC

Mr. Speaker, it is always a pleasure to work with the member opposite who represents Abbotsford. I have enjoyed many positive moments on our standing committee and have great respect for the work he does.

With all due respect, I would refer the member to an opinion editorial that I had published in The Globe and Mail in 2012, where I laid out the critique of the previous government's changes to navigation law in Canada. When the changes were made, Canadians' ability to navigate was still protected by the common law, but most of their statutory rights previously protected by Transport Canada were stripped away. The statutory protections for navigation were stripped away, leaving the public with common law protections only.

I take the point that there is a distinction to be drawn between navigation protections and environmental protections. That is an absolutely valid point to make. However there is no doubt that in past, environmental assessment laws, which Canadian waters were subject to prior to the previous government, the required navigational permitting triggered an environmental assessment. That is how it used to work. The Conservative government stripped all of that away, so we needed to find a new way to bring back navigation protections and a robust impact assessment regime. That is what Bill C-69 seeks to achieve.

Motions in AmendmentImpact Assessment ActGovernment Orders

June 5th, 2018 / 1:40 p.m.

NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, the member for Pontiac mentioned that the committee had agreed to make an amendment to Bill C-69 with regards to the United Nations Declaration on the Rights of Indigenous People. It amended the preamble, but that preamble is non-binding, so it was a meaningless gesture by the government.

I will bring to the attention of all members that the member for Edmonton Strathcona has brought forward report stage amendments, notably, Motions Nos. 4, 7, 9, 10, 12, and 13. Given that the member across the way voted last week in support of Bill C-262, which strives to bring the laws of Canada into harmony with UNDRIP, will he be consistent this week and support those amendments and live up to what he did last week?

Motions in AmendmentImpact Assessment ActGovernment Orders

June 5th, 2018 / 1:40 p.m.

Liberal

William Amos Liberal Pontiac, QC

Mr. Speaker, the issue of incorporating the United Nations Declaration on the Rights of Indigenous Peoples into Bill C-69 was an important one. We had lengthy discussions during the committee proceedings. We on this side of the House most certainly feel that incorporating indigenous rights and ensuring they are respected and that the constitutional protections afforded to indigenous rights are given pride of place in this legislation is of absolutely fundamental importance. That is exactly what we achieved.

Many amendments were brought to Bill C-69 in relation to indigenous rights, including but not limited to UNDRIP, and I mentioned others related to traditional knowledge. Members on this side of the House are extremely proud of how that was achieved.

Motions in AmendmentImpact Assessment ActGovernment Orders

June 5th, 2018 / 1:45 p.m.

Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Mr. Speaker, I want to go back to that brief exchange about including the Navigation Protection Act in Bill C-69 and changes made to the act.

During a previous term here in the House of Commons, I had the opportunity to be a member of the Standing Committee on Transport, Infrastructure and Communities, where we discussed the Navigation Protection Act and the waterways that were protected by the previous government's bill to amend the Navigation Protection Act. At the time, nobody complained or called for changed. The government decided to make changes in response to pressure from groups that thought the law was lacking, but it was not actually lacking.

There were no complaints, no requests to add new waterways to the list that had been authorized and announced in the Navigation Protection Act. Sometimes, people want to make changes for reasons other than protecting waterways. They might be trying to please certain lobby groups. That is what happened at the time, and we need to remember that.

Bill C-69 is an omnibus bill that enacts the Impact Assessment Act and the Canadian Energy Regulator Act, amends the Navigation Protection Act and makes amendments to several other acts. It is another major bill, because it has a considerable impact on how large projects will be environmentally assessed in Canada.

Despite the government's promises of openness and transparency, Bill C-69 is one of the 38 bills for which the government decided to cut short discussions, muzzle the opposition and refuse to hear each of the members of the opposition express his or her intentions. We reached the pinnacle this week but, last week, in the House, in just three days, the government introduced three motions to cut debate short by gagging members who had something to say and wanted to represent their fellow citizens.

A similar thing happened in the committee that studied Bill C-69. They refused to discuss the opposition's amendments, then rejected them and proposed almost identical amendments so that they could say that they were the government's idea and not that of the opposition. If that is not arrogance, I do not know what arrogance is. We see it all the time in the House, and it is only getting worse.

I remind the House that the opposition was gagged 38 times, including 5 times in three days last week. If the trend continues, the same thing will happen in the coming weeks, even if there are only a few weeks left in this session. The government is simply incapable of working together with the opposition parties to pass its bills.

Consequently, it is left to support Bill C-69 all by itself. The Conservatives, the NDP and the Green Party are all against the bill—not for the same reasons, but they are all against it. Once again, everything is about optics with this government. Despite its promises of openness and transparency, it refuses to hear the recommendations of elected members on this side of the House, and it is alone in passing a bill that will have a major impact on the economy.

I would like to remind my colleagues that, on this side of the House, even if we make up less than half of all elected members, we represent more than half of the country's electorate, so when the government constantly breaks its promises, it is disrespecting all of those Canadians we represent as members of the opposition. It can say whatever it wants to make itself look good, but when it comes time to do the work, it fails across the board.

The words fade away and the Liberals' true nature emerges. The Liberals' promise to run small deficits: gone; the Liberals' promise to bring in electoral reform and change the voting system: gone; the Liberals' promise to increase transparency: gone; the Liberals' promise to no longer muzzle the opposition: gone; and the Liberals' promise not to concede one more litre of milk to the Americans through NAFTA: gone.

We learned about this on the weekend. In a speech on NBC, which has a large American audience, the Prime Minister, perhaps thinking that we would not see the show, declared that the Canadian government was prepared to be more flexible, to give Americans access to Canada's milk market. Unfortunately, some Canadians watch NBC and heard the Prime Minister make this promise. It was rather shocking, because Liberals on the other side of the House have been repeating, over and over, since 2015 and even earlier that they will fully protect supply management.

The Liberals will protect supply management, since they created it. The Prime Minister said that they would unanimously protect supply management. I am not sure what “unanimously” means, but the Prime Minister is the one who said it. Meanwhile, when he thinks that Canadians are not listening, he says the opposite.

After all that, the government is asking for our trust with respect to Bill C-69. Since this morning, the Liberals have repeated their talking points so many times that, in my opinion, they do not see the real consequences of the bill. They are too busy repeating their talking points to dig deeper and identify what is wrong with Bill C-69.

The first big problem is that the Liberals are creating new regulatory burdens for project proponents and adding a carbon tax, which makes Canada less and less competitive when it comes to attracting investment. None of this has improved environmental protection one bit. We know that $100 billion in planned investments have already left Canada. I will repeat today, in this chamber, that the Conservatives will continue to oppose costly regulations that negatively impact Canada's jobs, economic growth, and international competitiveness.

There is nothing in Bill C-69 to help increase investors' confidence or to attract new investment to Canada, especially in the resource sector. We know that Canadian firms are already facing significant challenges, whereas the United States is moving forward with its plan to reduce regulations, cut taxes, and invest in coal-fired and natural-gas-fired electricity in order to cut energy costs.

Canadian businesses deserve a government that works with them, not against them. Canadian businesses deserve a government that will work with them to protect the environment, and not against them by ensuring that there are no projects. The government would not have to worry about the environment if there were no projects. That is the reality.

The government's approach to fighting climate change needs to be realistic. It needs to restore a balance between protecting the environment and growing the economy.

Another source of concern is the fact that cabinet is giving itself life-and-death powers over major projects, such as the power to appoint people and the power to say yes or no to projects throughout the process. We know what the Liberals can do when they manage a project, or rather, when they mismanage one. I am referring to Kinder Morgan. The project was approved 18 months ago, but the Liberals sat on their hands all that time instead of putting it in motion.

The Liberal government has known for 11 months that British Columbia is opposed to this project. However, the Prime Minister only dropped by briefly on his way to England, probably so his jet could fill up on fuel for the rest of the trip.

He took advantage of his layover to meet with two premiers. What was the result? Diddly-squat. This government's solution was to nationalize Kinder Morgan, making all Canadians joint owners of a pipeline for which they paid $4.5 billion.

Does this mean that the project will go ahead? No, because we have only bought some pipes. We have bought $4.5 billion in pipes. The company's executives were so proud of what they pulled off that they received $1.5 million each for the fast one they pulled on the Government of Canada, and I could have used a different word. This means that we will have to invest even more in order for the project to go ahead, if it ever does.

I believe it is clear that something crucial was overlooked in Bill C-69. Yes, we have to protect the environment. Yes, we have to ensure that projects go ahead while respecting our environment so that our young people will have an environment in the future that they can enjoy and will benefit from our natural resources. However, the bill should not thwart further investment in Canada by ensuring environmental protection while doing absolutely nothing else.

Motions in AmendmentImpact Assessment ActGovernment Orders

June 5th, 2018 / 1:50 p.m.

Liberal

Lloyd Longfield Liberal Guelph, ON

Mr. Speaker, I would like to bring the discussion back to Bill C-69. It is great to work together with my friend, the member for Mégantic—L'Érable, on the agriculture committee, but today we are talking about energy.

This morning, I met with Alectra and the City of Guelph to discuss a technology and smart grid opportunity that can help us move toward our goal of having 90% renewable energy generated by 2030. However, we have to coordinate with the Department of Environment and Climate Change, with Natural Resources Canada, and with Innovation, Science and Economic Development Canada. Therefore, an integrated all-of-government approach needs to be taken, such as what is being proposed in the legislation.

Could the hon. member comment on how this legislation could help bring forward clean technology projects with a complex basis, connecting different departments, versus the omnibus legislative rhetoric we have been hearing from the other side?

Motions in AmendmentImpact Assessment ActGovernment Orders

June 5th, 2018 / 1:55 p.m.

Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Mr. Speaker, that is exactly what I have been saying from the start. When businesses want to innovate, when they have to innovate, when they want to take concrete steps toward reducing greenhouse gas emissions and helping us meet our greenhouse gas reduction targets, the government needs to step up and help them. The government needs to take regulatory obstacles out of their way. It needs to get rid of the notorious carbon tax, which might deter people from ever investing in Canada because they are going to figure out pretty quickly that they can make more money investing where there is less regulation, where it is easier, and where there are lower taxes, by which I mean in the United States. I really do not see how Bill C-69 offers any incentive to businesses or makes it attractive to invest in Canada. The people we have been consulting and talking to about Bill C-69 all say that it will make the process take longer and increase the regulatory burden. That will make it harder to accomplish projects like the one my Standing Committee on Agriculture and Agri-food colleague just talked about.

Motions in AmendmentImpact Assessment ActGovernment Orders

June 5th, 2018 / 1:55 p.m.

NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, my fellow vice-chair of the Standing Committee on Agriculture and Agri-Food went through some of the trials and tribulations that the opposition parties had with the bill at committee. The member for Edmonton Strathcona moved many amendments. There was a situation where the amendment deadline passed before the committee could receive all the submissions. It was a really rushed process for such a very important bill. The theme of the bill is very important.

According to the way the Liberals voted last week, does the member think they will be consistent on Bill C-262 and support the report stage amendments that incorporated UNDRIP provisions into the bill?