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.

[Jim Carr, Liberal, Winnipeg South Centre, MB]

We're making very important strides in partnering with indigenous communities. The best example is in my department. We approached the indigenous communities located down the Line 3 replacement and the TMX line with a blank sheet of paper—not with our ideas written on the other side, but a blank sheet. We said to them, let's co-develop a monitoring system so that indigenous communities up and down these two lines are very much a part of ensuring that construction is done safely and the monitoring that throughout its life cycle. This has never been done before. It's a very important development.

By the way, in fairness, not all of these communities want the pipeline. Some of the chiefs had to go back to their communities when they knew that the majority of their residents were opposed to the pipeline for a variety of reasons. But when it came time to working with Canada to co-develop terms of reference and to be involved in monitoring the safe construction, the communities were in. That took great courage from indigenous leaders.

Another set of communities has chosen to sign on to benefit agreements with Kinder Morgan—some 43 of them, 33 of them in British Columbia—creating opportunity for these communities and their young people for employment, skills development, and community benefit. This is good. It's something that we have to understand is part of the future of resource development in Canada. Indigenous partnerships are a part of the reality. You saw that in Bill C-69, where we say right at the very beginning that these consultations have to start at the front end. I think Perry Bellegarde, chief of the Assembly of First Nations, said it best: “You don't build anything until you build relationships”. We have had the pleasure in our department of building relationships over a longer period of time. I think that speaks very well.

On Canada's role in the world, I didn't understand when I was appointed to this job how much time I'd be spending on an airplane—going to Beijing, Delhi, Mexico, Argentina, and Paris—but that's the way it is, because energy is international and pollution knows no boundaries. The reason Canada is such a welcome partner in the international community is the the richness, diversity, and abundance of energy we have and our proven track record as innovators. We are very confident that other countries will be looking to Canada for the way forward. I think we have the capacity to lead. I'm very optimistic about the future, and I think we should all be very proud of the steps we've taken and continue to take.

Aeronautics Act

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

Mr. Speaker, I always welcome the opportunity to comment on private members' bills. As members opposite will know, I am somewhat opinionated on issues that I believe are of national importance. It is not often that I agree with so many comments of my friend from across the way in the Conservative Party. Maybe we can find some commonality among parties inside the chamber, with the possible exception of some Quebec members of Parliament associated with the Bloc. That is why when I posed the question earlier, I made reference to my own heritage.

I am very much a proud Canadian. I think that we live in the best country in the world. I really believe in Canada's diversity and the rich heritage that can be witnessed in all provinces across our country. I am very proud, for example, of the St. Boniface area, with its very large francophone community that is quite possibly the largest in western Canada, as well as St-Pierre-Jolys where my grandparents came from, prior to coming from la belle province of Quebec. I understand the importance of the many different regions and the beauty from within that diversity.

Having said all that, I am very much a nationalist. I believe that we need strong national leadership on a wide number of fronts. It is in all the regions' best interests to have a government that is prepared to demonstrate leadership issues on those important files. That is ultimately, I would suggest, in the nation's best interest. We have witnessed that very recently.

If this bill were to become law, think of the impact it would have on what has been an incredible issue that has been debated and discussed in this chamber for a number of years. It has been fairly well debated even in the last number of days and weeks. That is in regard to the extension of the pipeline, the Trans Mountain expansion, which was deemed to be in Canada's national interest. As a result, we have the national government playing a fairly proactive role in ensuring that the extension takes place. It is sound policy.

My friend across the way talked about the importance of communities and working with communities, provinces, and municipalities. This government takes that very seriously. A good example of that is the Trans Mountain expansion. We have worked closely with not only provinces and municipalities, but as well with indigenous peoples to resolve a very important debate.

When I talked about the Trans Mountain expansion as one of the areas that is in the national interest, I made reference to my home province of Manitoba. I said that Manitoba has been a have-not province in terms of equalization. It is a beautiful province and I am very proud of it. However, in terms of equalization, we have received literally hundreds of millions, going into billions, of dollars on an annual basis.

That is important to note when we take a look at Alberta and the wealth that it has generated, with its contributions to equalization, and the positive impact that it has had on provinces like Quebec, Manitoba, and many others that have received significant amounts of funds through the development of the beautiful resources that we have. In particular, this one here happens to be oil. It has provided for things such as better quality health care, better quality education, and even investments in many environmentally friendly energy or high-tech companies.

I would argue that this legislation, if it were to pass, would prevent the national government from being able to take the actions necessary once it was deemed that this was in the nation's best interests.

In good part, for that reason I cannot support this legislation. I differ from members opposite. There are many federal areas of responsibility. We could talk about airports, parks, and other lands owned and run by the national government and I believe the national government needs to play that leading role. Quite often, leading means working with the different stakeholders.

This is not to take anything away from provincial jurisdiction or municipal responsibilities they carry out. I am very much aware of that. However, I believe Canadians in every region of our country will recognize there is a responsibility of strong leadership coming from Ottawa to protect those ideas and developments in the national interest. An example is transportation corridors, and we can factor into those transportation corridors our airline industries. Check with the municipalities or the City of Montreal on just how economically important, not to mention socially important, the Montreal airport is to the city and the province. This is also the case with other airports throughout our country, even our more rural airports, in terms of the lands and their operations and what sort of impact this legislation could have on them. The federal government has a responsibility to the population as a whole for such issues.

When I look at the national government and the types of things we have seen developed over the years, I see that it does have a role to play in the environment. We have seen very progressive policies, legislation, and commitments through national budgets in the last couple of years. For example, members made reference to Bill C-69.

We have a government that recognizes it has a role to play. Shortly after the Prime Minister was elected, he went to Paris and invited other stakeholders. I do not know if it is the case, but the Premier of Quebec might have been there. However, I believe other stakeholders such as provinces were represented in Paris. Often we find there is a high sense of co-operation between the different levels of government on those important issues, upon their return. Working with Ottawa and provinces, they can come up with good, sound environmental policies. We can learn from provincial jurisdictions. Some provinces are more progressive than others in different areas of development. The federal government has a role to encourage best practices where it can, and to ultimately have that holistic approach in the overall promotion and development of standards across Canada. As well, where necessary, it needs to be more directly involved, as with Trans Mountain.

When we look at the legislation coming before us, what the member is proposing is that Ottawa ultimately transfer its responsibilities to the provinces. Often my concern with members, whether from the Bloc or the separatist element, is that even though part of their motivation on the surface might be to introduce positive legislation, another part of the motivation is to not necessarily do what is in the best interest of the nation as a whole, but for one region of the country.

Ultimately, what is in Canada's best interest is in the best interest of our provinces, both collectively and individually.

We must continue to work with provinces, municipalities, indigenous groups, and others to ensure that we continue to build that consensus so that Canada remains a country of diversity and a country that understands and appreciates the true value of being a federalist state, and so that we ultimately develop our resources.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I am pleased to rise in the House to outline my position and the position of the NDP on the bill put forward by my colleague from Repentigny.

I think her bill has many interesting elements with regard to respecting the jurisdictions of Quebec and the other provinces, municipal officials, and certain acts and regulations Quebec or other provinces have passed to protect ecosystems, public health, or local residents. Legal and constitutional matters are being raised. There is also the matter of respecting the Quebec nation, as well as respecting the concept known as social licence. Today, no government of any kind can just barge in like in the old days and try to impose its projects in spite of misgivings or fierce opposition from local, regional, or indigenous communities.

I found it hilarious, but at the same time kind of tragic, to hear the Liberal member say earlier that this bill would undermine her party's efforts to promote co-operative federalism.

That takes some nerve. I do not know whether Kinder Morgan, health transfers, or marijuana mean anything to them in terms of co-operative federalism. That is the type of approach they promised to take during the election, but since they took office, the Liberals have been all about unilateralism, federal imperialism, bulldozing, and charging ahead. I think that is absolutely shameful.

In fact, I would like to point something out to the member for Winnipeg North, the parliamentary secretary. He asked a question earlier and I remembered it. I would simply like to tell him that Quebec is not a region. It is a nation. It was not the National Assembly that said that. That was recognized here in the House of Commons and by the Parliament of Canada. I think the member should do his homework and find out exactly what motions have already been adopted here.

The bill introduced by the member for Repentigny has to do with Quebec, of course, but it also has to do with all of the provinces. It seeks to establish a balanced approach that respects the different jurisdictions of the provinces, the federal government, the municipalities, and first nations.

I would like to remind members of the NPD's approach. A few years ago, we had a leader named Jack Layton. He believed that the recognition of the Quebec nation should have implications and consequences, and he took that very seriously. That resulted in a very interesting document entitled the Sherbrooke declaration, drawn up by Pierre Ducasse. The Sherbrooke declaration, which was historically adopted by the NDP, recognizes the Quebec nation and asymmetrical federalism. For years, we have been accused of being a centralist party, but all of the Canada-wide programs that the NDP has proposed have had a Quebec clause that would allow the province to opt out with financial compensation if it was not interested in the program or if it already had an equivalent program. That is what I mean by asymmetrical federalism.

In terms of co-operative federalism, the bill is a step in the right direction. That is why the NDP will proudly support this bill so that it may be studied in committee. We have questions about the mechanics of the bill and how the courts will interpret the fact that we are restoring balance between various jurisdictions and, if possible, those with the best environmental assessments and the strongest social licence. However, I think that this is worth studying. We agree in principle. Second reading is a vote on the principle. We want to refer the bill to committee to be studied. We have some questions, but we think that the spirit of the bill is consistent with our vision. It is also a step in the right direction toward better understanding, to better protect our communities and the people who want to protect their lakes, rivers, farmland, and simply their peace and quiet. They can protect their creek from one end to the other as well. I am sure that if we can sit down and talk about this we will come to an agreement at some point.

The member for Repentigny introduced a bill that will amend eight federal acts, forcing Ottawa to respect applicable provincial laws and municipal regulations governing land use and development.

That is very important because land development is key here and the government has to do a better job of respecting that. This bill will affect wharves, ports, airports, telecommunications infrastructure, federal properties, interprovincial pipelines, and more.

This bill does not explicitly state how it changes the status quo, and that is what we have questions about. The bill simply says that the exercise of the powers in question must comply with provincial laws.

I believe my colleague from Repentigny mentioned an example to do with the Canada National Parks Act, which already takes certain provincial jurisdictions and regulations into consideration. In many cases, the exercise of powers under federal law is already subordinate to provincial laws, including those that govern land development and environmental protection. We do not see this as an inapplicable precedent or something unprecedented. This is the natural extension of a principle we agree with. Remains to be seen how it will apply in real life.

The bill's purpose is to give the governments of Quebec and the other provinces more power over land development within their borders. The bill would require the federal government to recognize agricultural zoning regulations, for example, and to respect more exacting environmental assessments, such as those carried out by the BAPE, Quebec's environmental assessment agency. We can talk more about that.

As the Green Party leader said, the Liberal government's Bill C-69 does not inspire confidence in the seriousness of the government's new environmental assessment processes. In some ways, this bill is full of holes. We do not even know if it will be enforced or if the Minister of Environment and Climate Change will abide by these recommendations. After all, her discretionary power is absolute.

In accordance with the division of powers under the Constitution, the laws affected by this bill are a matter of federal jurisdiction. According to the Library of Parliament analysis that we requested, it is impossible to determine the legislation's exact scope from its current wording. It is possible that the courts will interpret the provisions of Bill C-392 as an incorporation by reference of provincial laws, meaning that it incorporates, for the purposes of the eight laws amended, the rules set out by the provinces. If it turns out that the courts consider that the provisions of Bill C-392 incorporate by reference the provincial laws related to the eight laws amended, these provincial laws, for the purposes of these eight laws, will be considered to be federal laws. This is a common legislative technique that has a great deal of precedent. However, the real effects remain unknown for the time being. It will be important to examine these points and questions when the bill is studied in committee.

We also consulted David Robitaille, tenured professor in the Faculty of Law at the University of Ottawa. He thinks this bill is interesting and could result in a better division of the responsibilities and decision-making powers between the federal government and provincial governments, or the Government of Quebec in this particular instance.

There are a number of examples in which this could have made a difference if the bill introduced by the member for Repentigny had already been applied. For example, there is the private developer operating near Shawinigan that had the right to operate a small airport on private land or to fly a float plane on a lake, even though it was prohibited by a municipal zoning bylaw or provincial law, such as the Act Respecting the Preservation of Agricultural Land and Agricultural Activities. This is the kind of situation we must stop from happening.

I think it is important to be open, show common sense, and send this bill to committee, so that we can respect Quebec laws, provincial laws, and municipalities.

The current Liberal government violated the rights of indigenous peoples and of British Columbia. It barged in and bought a 65-year-old pipeline for $4.5 billion. It completely disregarded all of the orders from the Government of British Columbia. As a Quebecker, I would be particularly concerned that it might manage to revive a pipeline project like energy east, which had massive opposition throughout Quebec, in Montreal, in the metropolitan area, in towns, and in the regions. Energy east would have crossed 800 rivers in Quebec, including the St. Lawrence. The government needs to understand that it must sit down with Quebec, the provinces, and municipalities to talk things over, like a respectful partner.

[Karen McCrimmon, Liberal, Parliamentary Secretary to the Minister of Transport]

Mr. Speaker, I am pleased to speak today about Bill C-392.

Bill C-392 touches upon several subjects, including intergovernmental relations, federalism, and the paramountcy principle, matters that have been debated in both houses of Parliament in relation to a wide range of subjects. In essence, this bill seeks to allow provincial governments to impose restrictions on environmental protection activities and land use for projects which the federal government undertakes across the country.

I applaud the member for Repentigny's initiative to give more prominent consideration to the environment and land use when projects and activities that fall under federal jurisdiction are being considered.

The government also believes that the environment is worth protecting. Canadians should know that their governments, at all levels, are working together to achieve economic and environmental objectives and are acting in the interests of their safety and security.

Every day millions of Canadians can go about their lives in an orderly and predictable way. They get into their cars that start and stop as they should; drive on roads where people follow the rules; buy groceries that are free from contaminants; land in airplanes at airports that are safe; drink water that is clean; and sleep well at night, knowing that our police, fire departments, paramedics, and military personnel are on guard for our security.

Our society depends on laws and rules to function, and each level of government is responsible for those things that fall into its jurisdiction. Education, building codes and highways, for example, are primarily provincial responsibilities. Matters such as defence, aeronautics, and radio communications, for example, extend beyond provincial borders and impact the country as a whole. In these areas, it falls to the federal government to implement a nationally consistent approach that serves Canada and its people.

As we all know, the division of powers in Canada has been defined in the Constitution Act, but we also know that this division is not black and white. There are many areas and many issues where interests will cross jurisdictional lines, where two or even three levels of government have a stake in an issue, like the environment, like health, like safety, like employment.

The Government of Canada works with the provinces on matters such as education, health, and employment. Likewise, the provinces work with the Government of Canada on matters that fall under federal jurisdiction.

This division of power is essential to maintaining order and predictability in our society. It ensures that we avoid the scenario of too many leaders in one situation or a leadership void when no one else wants to take responsibility in another. In Canada, all jurisdictions must work together on certain issues to promote and protect the interests of all Canadians. Even when we agree to work together, we must still respect jurisdictional boundaries.

Recent Supreme Court decisions on the doctrine of interjurisdictional immunity have stated that provincial and municipal legislation cannot impair core matters of federal jurisdiction over aeronautics or radio communication infrastructure.

While these decisions quite clearly establish federal authority on matters such as aerodromes and cell phone towers, the government does not hide behind interjurisdictional immunity to run roughshod over communities.

In fact, to ensure that local concerns are taken into consideration for activities and projects that fall under federal jurisdiction, the government puts processes in place for consultation and the consideration of environmental laws and land use.

I would like to illustrate this point with a few examples.

First, in January 2017, following a regulatory consultation process, Transport Canada implemented a new regulation called Canadian aviation regulation 307–aerodromes–consultations. The regulation was specifically established to require proponents of certain aerodrome projects to consult with affected stakeholders before starting work so local concerns could be identified and mitigated.

As another example, under the Canada Marine Act, Canada port authorities are charged with the management of federal real property and marine assets as well as navigable waters within the ports. In addition to abiding by all federal legislation and regulations, the Canada Marine Act provides for the incorporation of provincial legislation by reference to address specific issues when the need arises. As a result, British Columbia's liquefied natural gas regulation is being applied to the federal lands being managed by the Prince Rupert Port Authority.

My third and final example is the Canada Infrastructure Bank funding program. The Canada Infrastructure Bank acts as a minority partner in delivering federal support to infrastructure projects, alongside co-investment by private sector and institutional investors and sponsoring governments. Projects supported by the bank must respect all applicable laws in the relevant jurisdiction, including any applicable environmental or labour laws. Project sponsors are required to provide assurance to the bank and other investors that all applicable laws in a province have been respected.

The reason these specific examples were chosen is because these initiatives, all of which require consultation and consideration of local issues related to land use and the environment, are taken from the very acts that the private member's bill seeks to amend. There are countless other examples in the same acts and elsewhere that demonstrate the government's commitment to hearing the concerns of Canadians.

Because the government is not above listening and improving, it is constantly looking for ways to demonstrate this commitment.

Recently, it introduced 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. Bill C-69 exceeds the amendments proposed in Bill C-392 and would explicitly reflect the consideration of environmental, social, safety, health, socio-economic issues, including gender-based impacts, economics, and impacts on indigenous peoples.

Bill C-69 will also provide the public an opportunity to express their views during review processes.

As we all know, there are many issues that transcend municipal and provincial boundaries, and many others where the federal government may be unaware of local concerns. For this reason, taking a co-operative approach achieves the best possible outcome for all Canadians. With a country as large and diverse as Canada, we must all act in good faith and work together to achieve the best possible results for our economy and the environment and for our citizens.

Co-operation is a fine balance. There have been, and will continue to be, times when differences arise despite our best efforts to work together. Even the strongest relationships will experience disagreements.

Bill C-392 would represent a major shift in federal-provincial dynamics in Canada and would undermine the co-operative relationship that we have worked so hard to establish.

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

Mr. Speaker, I would like to congratulate the hon. member from Repentigny on her private member’s bill. I fully support the bill’s objective.

As my colleague mentioned, it is unacceptable that the government is ignoring the will of British Columbians in the matter of the Kinder Morgan pipeline.

With Bill C-69, there will be no credible assessment process for projects such as pipelines at the federal level. We must protect the provinces’ right to conduct more appropriate assessments, such as those conducted by the Bureau d’audiences publiques sur l’environnement.

What does my colleague think about this shortcoming in Bill C-69?

Impact Assessment Act

[The Speaker, Liberal, Geoff Regan]

It being 3:10 p.m., pursuant to an order made on Tuesday, May 29, 2018, the House will now proceed to the taking of the deferred recorded division on the previous question at the third reading stage of Bill C-69.

Call in the members.

The House resumed from June 18 consideration of the motion that 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, be read the third time and passed, and of the motion that this question be now put.

National Security Act, 2017

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

Madam Speaker, I would say this to the hon. member for Esquimalt—Saanich—Sooke. I remember the fight we had in the 41st Parliament with respect to Bill C-51, the so-called Anti-terrorism Act, which I believe made Canada much less safe. It is hard for me to actually vote for Bill C-59 now, especially when I hear his very good arguments.

However, I will tell him why I am going to vote for Bill C-59. I am very relieved to see improvements to what I thought were the thought-chill provisions in Bill C-51, the rules against the promotion of unexplained terrorism “in general”. There are big improvements to the no-fly list. However, there are not enough improvements, for my taste, to the ability of CSIS to take kinetic action. The big failure in Bill C-59 in front of us is the information sharing around what Canadians are doing with other governments.

The irony for me is that the Liberals voted for Bill C-51 in the 41st Parliament and voted against the destruction of environmental assessments in Bill C-38. Ironically, I think they have done a better job now of fixing the bill they voted for than of fixing the bill they voted against, at least as far as environmental assessments go. Therefore, I am voting against Bill C-69 on environmental assessments. However, I am voting for Bill C-59. I am influenced a lot by Professors Craig Forcese and Kent Roach, who overall think this is an improvement. I do too, overall. However, it does not fix everything Bill C-51 did to make us less safe.

I appreciate the member's thoughtful analysis, and I am going to vote for it, but with misgivings.

Impact Assessment Act

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

Mr. Speaker, my hon. colleague from North Okanagan—Shuswap brings up a great point. I meant to bring it up, but I got so excited about all the other topics.

Bill C-69 and Bill C-68 are fluff pieces that kind of weighed into the 2015 campaign promises to the environmental groups. Fishermen groups have come to my office to tell me that when the Conservatives were in power, they could get in to see a minister, and now they need to go through an environmental group to see a minister. I have also heard that sitting around the table to develop this policy are more environmental groups than the actual stakeholders whom this is going to affect the most. We also know who is calling the shots at the highest level of government. It is Gerald Butts, who was the president and CEO of the World Wildlife Fund prior to coming to his current office and calling the shots.

Bill C-69 represents another fluff piece of legislation that both sides have said does not go far enough. I have said it before: Canadians and industry deserve a champion, and they are going to get one in 2019.

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

Mr. Speaker, I want to thank our colleague from Calgary Midnapore for a very heartfelt intervention. I think I have just scrapped my entire speech because of what our colleague has mentioned.

It brought me back to growing up in the Cariboo and what our thoughts and dreams were as kids. I was one of the those kids who wanted to be a hockey player and to move on. However, the reality was, we were probably going to become a logger or a farmer, because that is what we did, and that is what we do very well in the Cariboo.

Bill C-69 bring us back to yet another failed election promise of the Liberals and to some of what we have mentioned throughout this House over recent days, weeks, and months. When the member for Papineau was campaigning in 2015, he talked about letting debate reign, yet here we sit.

This is the 44th time allocation that has been imposed on this House, meaning that the members of Parliament on the opposition side, and the Canadians who elected them, have not had the full opportunity to present their feelings about what the government is doing, whether it is on Bill C-69, Bill C-59, Bill C-71, or Bill C-68.

Thank goodness that the Standing Orders dictate that private members' bills cannot be time allocated, and our late colleague, Senator Enverga's private member's bill, Bill S-218, has had the full breadth of comments and support.

Bill C-69 seeks to reverse the 2012 changes to the Canadian Environmental Assessment Act. I will bring us back again to the promise from the member for Papineau, or one of the Liberals, who said that the government would undertake a full review of laws, policies, and operational practices when it comes to the Canadian Environmental Assessment Act.

There are a number of people, groups, and organizations that have serious concerns over what Bill C-69 proposes. Our hon. colleague has mentioned, and it has been mentioned before, that most notably the legislation says it intends to decrease the timelines for both major and minor projects. Unfortunately, there are a myriad of ministerial and Governor in Council exemptions that can be exercised to slow down approvals.

What Bill C-69 represents is not a further clarification of the rules and regulations so that project proponents and those who are trying to enforce the act know where they stand, but rather it muddies the waters. What we have heard time and again, what the committee heard time and again, was that it was a wait and see. There was a lot of concern, and indeed those very groups, the environmental groups, that the Liberals campaigned to and got their vote are now saying that it does not meet the standards.

We have seen this over and over again with the government. It likes to say it has consulted with Canadians, and its Liberal members stand with their hand on their heart and talk about how important consultation is. Yet we know, time and again, as it is with the cannabis legislation, the Liberals are rushing legislation through without fully looking at some of the concerns that have been brought forward by the groups, the organizations, and the stakeholders who are going to be most impacted.

Let us talk about the Arctic surf clam in my file. I cannot stand up and do a speech nowadays without bringing up this injustice. The minister was given the authority and the discretion to go in and implement policy, without anybody checking how this would impact the stakeholders, and without the minister consulting about how that policy would impact those on the ground, the stakeholders, whose livelihoods truly depend on the Arctic surf clam fishery. These are some of the concerns that we have.

When the member for Papineau was campaigning, he said that omnibus bills were done for, and yet here we are again debating another 400-page piece of legislation.

He also talked about maybe having a small deficit of $10 billion. We now know that it will not be our children but our grandchildren who will see a balanced budget, because of the Liberal government's spending.

Bill C-69 represents more broken promises, and it does nothing to give confidence to industry. We know at this time that foreign investment is fleeing our nation at record levels. The CEO from Suncor recently spoke to Bill C-69 and said that it had absolutely put a nail in the coffin of Canadian investment in industry.

The government would like everyone to believe that it knows best and that the Ottawa-developed policies have the best intentions for Canadians, yet the Liberals are not listening when Canadians are speaking. They are not allowing members of Parliament to stand and bring the voices of Canadians to Parliament.

It would not be one of my speeches if I did not remind the House and Canadians that the House does not belong to me, and it sure as heck does not belong to those on the government side. It belongs to Canadians. All 338 members of Parliament and the Canadians who elected them deserve to have a say and to have their voices heard. When the government is forcing time allocation on pieces of legislation that fundamentally are going to have an impact on Canadians' lives, Canadians deserve to have a say.

Industry is shaken at the government's lack of consultation and lack of understanding on how we are moving forward. A good friend of mine, the hon. member for North Okanagan—Shuswap, asked our colleague from Calgary Midnapore about the industry's lack of confidence. Is it the carbon tax and the fact that the government refuses to tell Canadians how much it is going to be? Is it Bill C-69, the regulatory environment, that is shaking the confidence of the industry? Is it other legislation that is shaking the confidence of industry, or is it all of the above?

I would offer one more. The Prime Minister, in one of his earliest speeches to the world, spoke about how Canada was going to be known more for its resourcefulness than for its natural resources. The Liberals have waged war against our energy sector from day one. He said he wished the government could phase out the energy sector sooner and apologized for it.

Canadians and the energy sector, our natural resource industry, deserve a champion. The Minister of Natural Resources has said that it is about time our forestry producers and our energy producers got in line with what the world is doing in terms of technology and sustainable harvesting.

Whether it is our softwood lumber producers, our oil and gas producers, our fishermen on the Atlantic and Pacific coasts, or our farmers, Canada has some of the best, if not the best, in terms of technology and harvesting. They are leading the way. They just need a champion. Guess what? They will have that in 2019, when the Conservatives regain the right side of the House.

[Stephanie Kusie, Conservative, Calgary Midnapore, AB]

Sadly, Mr. Speaker, my colleague from North Okanagan—Shuswap knows that the response is “all of the above”. It is for a multitude of reasons that we are in fear of this piece of legislation, and for all of those reasons, the project approval, the uncertainty in regard to market access, the foreign investment that is in large exodus from Canada. The sad thing is that there are so many other reasons beyond those three, and as they relate specifically to Bill C-69, they are the carbon tax, red tape, taxation structures in general. It is a very unfortunate time for not only the oil and gas sector, but for Canadian industry in general. I am very worried for the future of not only my son, but for all the young inhabitants of Calgary Midnapore.

[Stephanie Kusie, Conservative, Calgary Midnapore, AB]

Mr. Speaker, I will be splitting my time today with the hon. member for Cariboo—Prince George.

The proposed legislation before us is very concerning for me, and I will tell members why.

I am a member of Parliament who is very fortunate to have grown up in my riding of Calgary Midnapore and to represent the place where I grew up. Calgary Midnapore is a beautiful riding in the south-central part of Calgary. It is home to five beautiful lakes. I was very fortunate to have grown up in one of these lake communities, called Lake Bonavista. In addition to Lake Bonavista, there is Lake Midnapore, Lake Chaparral, and Lake Sundance. We are so very fortunate to have come from these communities, which are lovely family environments. People grow up in the summer swimming in these lakes and in the winter skating on them. These communities really are the backbone of the riding.

These communities were built on the back of the energy sector, the oil and gas sector. It is something everyone in the community recognizes. Everyone is very proud that these lovely communities were built with the oil and gas sector. When we went to school in Calgary Midnapore, it was with the hope that one day, we would go on to high school and perhaps the University of Calgary, where we have prestigious business and engineering programs. I am a very proud graduate of the University of Calgary.

When I went to my niece Samantha's grade 4 graduation six years ago, all the students who were moving on to middle school went to the microphone and said what they hoped to do. Outside of many young people there wanting to be hockey players, so many said that they wanted to be accountants or engineers like their moms and go on to work in the oil and gas sector.

This was just part of who we were and our upbringing. We would grow up in these lovely communities and get an education with not only the hope but the confidence that we would have good jobs in the oil and gas sector when we were finished our education. We would get married, raise families, and have confidence that we would be able to provide for our families as a result of the oil and gas sector, which was so relied upon by this community for so long. It was such a backbone of not only Calgary Midnapore but of Calgary itself, Alberta, and beyond. It is similar, perhaps, to how people in our capital might reference the public sector.

In addition to that, there was an appreciation of the National Energy Board. It was seen as an institution in Calgary. It was well understood that the decisions that came out of the National Energy Board had gone through a rigorous process, with proper consideration of all the factors necessary to support a thriving oil and gas sector and a prudent oil and gas sector, one that took into account the many needs and considerations of project approval.

These are two sacred cows in the riding I represent and grew up in: the oil and gas sector, and the confidence within that sector; and the National Energy Board. Unfortunately, with Bill C-69, we are seeing these concepts, these things Calgarians count on, thrown out the window entirely. These things will not exist any longer as we knew them before.

It is because of these considerations that provide so much more uncertainty in this sector, not only for the citizens of Calgary Midnapore, but in Calgary and beyond. Of course, the considerations I am referring to are numerous, but they include health, social issues, gender issues, and indigenous rights.

Therefore, going forward, everything has changed as we know it in the oil and gas sector for my constituents of Calgary Midnapore. We are seeing this take place in a number of ways, and one is in the uncertainty of project approval. I have a quote from the Canadian Energy Pipeline Association.

CEPA is very concerned with the scope of the proposed new Impact Assessment process. From the outset, CEPA has stated that individual project reviews are not the appropriate place to resolve broad policy issues, such as climate change, which should be part of a Pan-Canadian Framework. Including these policy issues adds a new element of subjectivity that could continue to politicize the assessment process.

That is what I said when the NEB review came out last year. I said that the right hon. Prime Minister wrote the report he wanted, and he got the outcomes he wanted in regard to what I believe is essentially destroying the NEB. Everything certainly has changed.

We are hearing a lot of other things in regard to project approvals from industry members themselves, who are very concerned. Here is a quote from a land manager at Cona Resources, a foreign investment company that has left Canada. I will talk a little more about this later, but it is not alone in its exodus. It said, “To a certain extent, Canada will remain a higher cost country because of the social infrastructure that we have in place and our social licence to operate. While there is some opportunity to reduce some of those, the costs are not a net benefit to the country. I don't think that is what is deterring foreign investment. I think if we had greater consistency in both the royalties and taxation structure, people would be more comfortable. The uncertainty is what drives away project approval and foreign investment, and you have to sort of rely on your desire. If the project is a net benefit to Canada as a whole, you have to trust that the federal government will be able to enforce the decisions that were made, and trust that they are making the right decisions.”

Therefore, Bill C-69 is very concerning to industry members as well.

With regard to uncertainty to market access, we have seen that in a number of projects recently. Petronas LNG, a $36-billion project, has left Canada as a result of the uncertainty of project approval, and therefore market access. Keystone, with 830,000 barrels of oil a day, an $8-billion project, is at this time not going forward. Energy east, a $15.7-billion project, was abandoned, squarely on the NEB decision to consider direct and indirect greenhouse emissions. Northern gateway would have provided close to 4,000 jobs.

What else are we seeing? We are seeing foreign investment fleeing, as I mentioned previously. The corporations are too numerous to mention, but I will name a few of them. There is Royal Dutch Shell. It has gone. Growing up in Calgary Midnapore, I remember during the 1988 winter Olympics, people wearing their Shell jackets with pride. There is Statoil, a Norwegian company. We have heard a lot about Norway in our conversations here. Marathon Oil is out the door, as is ConocoPhillips. Investment is simply not attractive in Canada at this time, and we continue to see these investments leaving Canada.

I mentioned previously an event I went to called SelectUSA, where the U.S. consulates network is working very hard to attract even Canadian investment outside of Canada to the States. That is because that environment is providing a more competitive environment and better place for corporations to do business at this time.

In conclusion, I will say for Calgary Midnapore and Canadians that things will never be the same after Bill C-69.

The House resumed from June 12 consideration of the motion that 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, be read the third time and passed.

Standing Order 69.1—Bill C-59—Speaker's Ruling

[The Deputy Speaker, Conservative, Bruce Stanton]

The Chair is now prepared to rule on the point of order raised June 11, 2018 by the hon. member for Beloeil—Chambly concerning the applicability of Standing Order 69.1 to Bill C-59, an act respecting national security matters.

The Chair would like to thank the hon. member for having raised this question, as well as the hon. Parliamentary Secretary to the Leader of the Government in the House of Commons for his intervention.

The hon. member argued that Bill C-59 is an omnibus bill as he feels it contains several different initiatives which should be voted on separately. On a point of order raised on November 20, 2017, he initially asked the Chair to divide the question on the motion to refer the bill to committee before second reading. As the Speaker ruled on the same day, Standing Order 69.1 clearly indicates that the Chair only has such a power in relation to the motions for second reading and for third reading of a bill. The Speaker invited members to raise their arguments once again in relation to the motion for third reading.

The hon. member for Beloeil—Chambly pointed out that each of the three parts of the bill enacts a new statute. Part 1 enacts the national security and intelligence review agency act, part 2 enacts the intelligence commissioner act, while part 3 enacts the Communications Security Establishment act. He argued that since each of the first two parts establishes a new entity, with details of each entity's mandate and powers, and since the third significantly expands the mandate of the CSE, he felt they should each be voted upon separately. He also argued that each part amends a variety of other acts, though the chair notes that in most cases, these are consequential amendments to change or add the name of the entities in question in other acts.

The hon. member argued that parts 4 and 5 of the bill should be voted on together. They deal with new powers being given to the Canadian Security Intelligence Service, CSIS, relating to metadata collection and threat disruption, as well as with the disclosure of information relating to security matters between government departments.

As part 6 deals with the Secure Air Travel Act and what is commonly referred to as the “no-fly list”, he felt that this was a distinct matter and that it should be voted upon separately.

Finally, the hon. member proposed grouping together parts 7, 8, 9, and 10 for a single vote. Part 7 deals with changes to the Criminal Code relating to terrorism, while part 8 deals with similar concepts in relation to young offenders. Part 9 provides for a statutory review of the entire bill after six years, while part 10 contains the coming into force provisions.

In his intervention on the matter, the hon. parliamentary secretary to the government House leader indicated that the provisions of the bill are linked by a common thread that represents the enhancement of Canada’s national security, as well as the protection of the fundamental rights and freedoms of Canadians. In order to achieve these objectives, he mentioned that it is necessary for Bill C-59 to touch on a number of acts, and that the bill should be seen as a whole, with several parts that would not be able to achieve the overall objective of the bill on their own. He concluded that Standing Order 69.1 should not apply in this case.

Standing Order 69.1 gives the Speaker the power to divide the question on a bill where there is not a common element connecting all the various provisions or where unrelated matters are linked.

Bill C-59 does clearly contain several different initiatives. It establishes new agencies and mechanisms for oversight of national security agencies and deals with information collection and sharing as well as criminal offences relating to terrorism. That said, one could argue, as the parliamentary secretary did, that since these are all matters related to national security, there is, indeed, a common thread between them. However, the question the Chair must ask itself is whether these specific measures should be subjected to separate votes.

On March 1, 2018, the Speaker delivered a ruling regarding Bill C-69 where he indicated that he believed Standing Order 69.1 could be applied to a bill with multiple initiatives, even if they all related to the same policy field. In this particular case, while the Chair has no trouble agreeing that all of the measures contained in Bill C-59 relate to national security, it is the Chair's view that there are distinct initiatives that are sufficiently unrelated as to warrant dividing the question. Therefore, the Chair is prepared to divide the question on the motion for third reading of the bill.

The hon. member for Beloeil—Chambly has asked for six separate votes, one on each of the first three parts, one on parts 4 and 5, one on part 6, and one on parts 7 to 10. While the Chair understands his reasoning, it does not entirely agree with his conclusions as to how the question should be divided.

As each of the first three parts of the bill does, indeed, enact a new act, the Chair can see why he would like to see each one voted upon separately. However, the Chair's reading of the bill is that these three parts establish an overall framework for oversight and national security activities. For example, the national security and intelligence review agency, which would be created by part 1, has some oversight responsibilities for the Communications Security Establishment provided for in part 3, as does the intelligence commissioner, established in part 2. Furthermore, the intelligence commissioner also has responsibilities related to datasets, provided for in part 4, as does the review agency. Given the multiple references in each of these parts to the entities established by other parts, these four parts will be voted upon together.

Part 5 deals with the disclosure of information between various government institutions in relation to security matters. While the relationship between it and the first four parts is not quite as strong, as the member indicated that he believed that parts 4 and 5 could be grouped together, the Chair is prepared to include part 5 in the vote on parts 1 to 4.

The hon. member for Beloeil—Chambly has not addressed the question of the new part 1.1 added to Bill C-59 by the adoption of an amendment to that effect during clause-by-clause consideration of the bill. Part 1.1 enacts the avoiding complicity in mistreatment by foreign entities act, which deals with information sharing in situations where there is a risk of mistreatment of individuals by foreign entities. Since the national security and intelligence review agency, created by part 1 of the bill, must review all directions prescribed in this new part, it is logical that this part be included in the vote on parts 1 to 5.

The Chair agrees with the hon. member that part 6 dealing with the “no-fly list” is a distinct matter and that it should be voted upon separately. The Chair also agree that parts 7 and 8 can be grouped together for a vote. Both largely deal with criminal matters, one in the Criminal Code and the other in the Youth Criminal Justice Act.

The Chair has wrestled with where to place parts 9 and 10. They are, in the words of the hon. member for Beloeil—Chambly, largely procedural elements, but they apply to the entire act. Part 9 provides for a legislative review of the act, while part 10 contains the coming into force provisions for the entire act. The Chair also must ensure that the title and preamble of the bill are included in one of the groups.

There is an obvious solution for coming into force provisions in part 10. Since clauses 169 to 172 relate to the coming into force of parts 1 to 5 of the bill, they will be voted on with those parts. As clause 173 deals with the coming into force of part 6, it will be included in the vote on that part.

This leaves the title and the preamble as well as the legislative review provided for in part 9, which is clause 168. Though these apply to the entire bill, the Chair has decided to include them in the largest grouping, which contains parts 1 to 5 of the bill.

Therefore, to summarize, there will be three votes in relation to the third reading of Bill C-59. The first vote will deal with parts 1 to 5 of the bill, as well as the title, the preamble, part 9 regarding the legislative review, and clauses 169 to 172 dealing with coming into force provisions. The second vote relates to part 6 of the bill and the coming into force provisions contained in clause 173. The third vote relates to parts 7 and 8 of the bill. The Chair will remind hon. members of these divisions before the voting begins.

I thank all hon. members for their attention.

Business of the House

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

Mr. Speaker, this afternoon, we will finish debating the last opposition day motion in this supply cycle. Then, we will debate the main estimates.

Tomorrow morning, we will begin third reading of Bill C-68 on fisheries.

Next week will be a a busy one. Priority will be given to the following bills: Bill C-45 on cannabis, Bill C-59 on national security, Bill C-64 on abandoned vessels, Bill C-69 on environmental assessments, and Bill C-71 on firearms.