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.

[Clifford Small, Conservative, Coast of Bays—Central—Notre Dame, NL]

—to destroy the confidence in Newfoundland and Labrador's offshore oil and gas industry with Bill C-69, on which we're waiting to see version two, because it's unconstitutional. That was referenced over 30 times.

We have this bill—

[Clifford Small, Conservative, Coast of Bays—Central—Notre Dame, NL]

I have just one quick question left.

Can this bill be valid with the over 30 references to Bill C-69, which has been proven to be unconstitutional? Can this bill move forward with those many references to Bill C-69, yes or no?

[Shannon Stubbs, Conservative, Lakeland, AB]

You acknowledged his point of order, and you let him make his speech, so I'm assuming you're going to apply your approach equally to me. In response to his point of order, I will just clarify, because I know he's wondering.

Conservatives opposed Bill C-49 because it will end Atlantic offshore petroleum development, which the private sector already showed by putting in zero bids after this legislation was introduced, which clearly gave them the signal. You can see that because, the year before, there were five bids worth hundreds of millions of dollars. We also opposed Bill C-49 because it will introduce uncertainty and lack of clarity. It is based on the unconstitutional Bill C-69, which will open it up to challenges and hinder the development of offshore renewable technology, too.

That, to be clear, is why Conservatives oppose Bill C-69. We will accelerate traditional oil and gas for the—

[Clifford Small, Conservative, Coast of Bays—Central—Notre Dame, NL]

Yes, exactly. Bill C-49 was introduced in May. After that, anyone building a bid stopped. They pulled the resources away. There were zero dollars flowing to our offshore for bidding up parcels for exploration. At the same time, in the Gulf of Mexico, bids were almost $400 million. Exploration companies were tripping over each other while they walked away from us.

Do you agree with industry stakeholders that the uncertainty introduced by the unconstitutional Bill C-69 and the amendments you propose through the Atlantic Accord might be a little responsible for that investment walking away from Newfoundland and Labrador?

[Shannon Stubbs, Conservative, Lakeland, AB]

—in Bill C-69, the minister has the power to interfere, stop, start or extend the timeline of any project assessment for any condition the minister deems necessary. That's why Bill C-69 causes such uncertainty.

My concern is that the clauses from Bill C-69 are in Bill C-49. I will quote what the Supreme Court said about a section. It said that this section “grants the decision maker a practically untrammelled power to regulate projects...regardless of...jurisdiction”.

This is the problem. It's the issue of political interference being able to set new conditions. Also, there's the impact of being able to unilaterally declare antidevelopment zones. It causes great uncertainty for offshore development on offshore petroleum, but also any private sector proponent who wants to get into developing offshore renewables—

[Shannon Stubbs, Conservative, Lakeland, AB]

It was zero. There were no bids. This is my concern. The same story is being seen in production such that in 2020, Newfoundland and Labrador produced over 100 million barrels of offshore petroleum per day. Today—and I know you know this better than almost anyone—that's fallen over 35% to less than 67 million barrels per day.

Those are the consequences of layers and layers of anti-energy policies and legislation. That's why Conservatives oppose Bill C-49. It's very clear that the uncertainty and lack of clarity—and the proof is already in the pudding—will end offshore petroleum development. The truth is that the lack of certainty and lack of clarity will also be barriers to private sector proponents who want to develop offshore renewables, because they require the same things around certainty, clarity and consistency.

I wonder if you, like me, will call on your minister to fix Bill C-69 since Bill C-69 is full of sections that have already been declared unconstitutional. Those sections are in Bill C-49. That causes exactly the same kind of uncertainty regarding clarity that will prevent offshore petroleum developers and private sector proponents who want to to get into offshore wind renewables.

Are you also concerned that the government has not done a single thing to fix Bill C-69 in 110 days and that Bill C-49 includes proposed sections 61, 62, 169 and 170, which all come from Bill C-69 and are all unconstitutional?

Opposition Motion—Carbon Tax

[Clifford Small, Conservative, Coast of Bays—Central—Notre Dame, NL]

Madam Speaker, I will be sharing my time with my hon. colleague, the member for Kootenay—Columbia, which is such a pleasure. British Columbia will always have a dear spot in my heart because I lived there myself.

On behalf of the great people of Coast of Bays—Central—Notre Dame who have entrusted me to come here and bring their thoughts to this place, I stand today to beg the Liberal-NDP coalition to not increase the carbon tax by 23% on April 1.

After eight long years of the Liberal government, people of Newfoundland and Labrador are tired. They say it is has gone past its expiry date. People are hurting; they have had enough, yet the Prime Minister jets off to the Caribbean and has an $89,000 vacation passed on to him for free by one of his rich friends. However, that is not the sad part. While he is taxing Canadians with the carbon tax to slow us down on our burning of fossil fuels, in one week he puts 100 tonnes of emissions into the atmosphere, while the average Canadian puts out just 15 tonnes of emissions per year.

People are hurting. The inflationary carbon tax hits the farmers who grow the food, the truckers who truck the food, the grocers who sell the food and the consumers who simply drive to the grocery store to buy the food. This is why the Conservative Party put forward Bill C-234, which would take the tax off farmers who grow the food.

We have heard some rhetoric from the NDP-Liberal coalition. My hon. colleague for St. John's South—Mount Pearl, with his famous words last year, said he was sick and tired of people's talking about a cold winter and what they are doing. Then there is my colleague, the member for Avalon, who sometimes does not know whether he is coming or going when it comes to the carbon tax. We will see, I guess, where he stands on Monday. We hope that he does not just turn into a quicker flipper-flopper-upper and that he hangs in there and supports his constituents. I know where I stand; I stand with the people.

Last week, the CBC interviewed me and wanted some comments about the statement from my colleague, the member for Avalon, about the desire for a leadership review. I told them that I understood the member's frustration after seeing his leader being involved in the Aga Khan scandal, SNC Lavalin and the WE scandal. After all, his leader is the son of the guy who brought home the Constitution. It is unbelievable to see the Prime Minister continuously working against the Constitution, which his dad was so proud of. For example, there was the unconstitutional use of the Emergencies Act, the single-use plastics ban, the oil and gas emissions cap, the unconstitutional Bill C-69, the environmental impact assessment bill. Now we are being face with Bill C-49 in committee, which references, 73 times, the unconstitutional Bill C-69.

The Liberals want to stop the production of oil off Newfoundland and Labrador, and in fact in all of Canada. They want to tax us and surrender the production of our clean, environmentally soundly produced oil with good labour standards and turn that production over to dictators with bad human rights records who produce dirty oil, under no environmental regulations for the most part.

If the NDP-Liberal coalition wanted to do something about cutting world emissions, it would be turning its attention to coal. In 2023, coal usage in the world set a record. Next year, it is going to go to new record heights.

Meanwhile, Canadians are being punished with a carbon tax. Coal produces 40% of the world's emissions. Natural gas produces half of the emissions coal does. The Chancellor of Germany came last year, begging us to supply Germany with liquefied natural gas to get it off dictator Putin's natural gas and to support the people of Ukraine. The Prime Minister said there was no business case for producing liquefied natural gas on Canada's east coast. Newfoundland and Labrador is the closest point to Europe in North America. We have trillions of cubic feet of natural gas sitting there, being reinjected, which we could bring ashore—

[Shannon Stubbs, Conservative, Lakeland, AB]

—include the unconstitutional sections from Bill C-69. Thanks, Chair.

[Shannon Stubbs, Conservative, Lakeland, AB]

I quoted you the section of Bill C-69 that is in Bill C-49. I quoted the section of Bill C-49 that brings in the unconstitutional section from Bill C-69, Minister.

[Jonathan Wilkinson, Liberal, North Vancouver, BC]

You said Bill C-69.

[Shannon Stubbs, Conservative, Lakeland, AB]

Minister, I would suggest that uncertainty is being caused by a government that has not moved in 108 days to fix a piece of legislation that you yourself claim is the cornerstone of your environmental and regulatory policies, one the Supreme Court said, in large part, was unconstitutional. Speaking of those unconstitutional sections, section 64 of Bill C-69 is in Bill C-49—

[Clifford Small, Conservative, Coast of Bays—Central—Notre Dame, NL]

Mr. Wilkinson, I don't think they're weak leaders.

Proposed section 56.1 gives you the unilateral power, with the unconstitutional Bill C-69, to create marine protected areas, so that you can pull development and exploration permits without an environmental impact study.

In 2023, we saw a record 37 parcels of leases put forward off the east coast of Newfoundland and Labrador. How many of those were actually bought?

[Rick Perkins, Conservative, South Shore—St. Margarets, NS]

This process, we know, has resulted in almost no energy projects being approved since Bill C-69 has been implemented. You're going to apply that cumbersome and awful process not only to offshore oil and gas, but also to offshore wind.

Even without that, in November a proposal for an exploratory well off Nova Scotia was suspended by you after approval by this board, and then it was rejected. In the 30 days in between, you said in the media that in your decision about whether or not to veto it, you needed to talk to interest groups like the Sierra Club. Did you talk to anyone else besides the Sierra Club?

[Jonathan Wilkinson, Liberal, North Vancouver, BC]

Again, Bill C-69 had three pieces of legislation in it, so you are referring to the Impact Assessment Act and not to the Canadian Navigable Waters Act and the Canadian Energy Regulator Act.

[Rick Perkins, Conservative, South Shore—St. Margarets, NS]

Thank you, Mr. Chair.

Thank you, Minister.

I just want to make sure that everybody is clear, because a lot of statements have been made here.

As a Nova Scotia MP and member of the Conservative caucus, I will say that we support the development of offshore wind if it's economical and works and does not displace existing important industries, like our commercial fisheries. Also, we don't support the imposition of the Bill C-69 processes on the development of all offshore energy off Nova Scotia.

You said that the new processes from Bill C-69, which are in this bill, only apply to the review of offshore wind, but that's not the way I read the bill or the way most people see the bill. It's a new process for reviewing all offshore energy projects. These two boards will not be following the process they follow now for offshore oil and gas or for wind. They'll be following the Bill C-69 processes through the IAA. Is that not true?