Bill C-69 (Historical)

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

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

Impact Assessment Act

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Mr. Speaker, I am happy to rise here today to speak to Bill C-69, one of the most important attempts to modernize our environmental protection laws in Canada.

In large part, I think it was meant to deal with some of the actions of the Conservative government, which gutted a lot of our environmental protection laws in the previous Parliament through changes to the Navigable Waters Protection Act, the Fisheries Act, et cetera. We dealt with fisheries in Bill C-68, but Bill C-69 is an answer to try to fix some of the other acts that were radically changed by the previous government.

I have to say, off the top, how disappointed I am that the government not only brought in this bill as an omnibus bill, a huge bill, well over 300 pages long, but it moved time allocation in the first debate after only two hours. It moved time allocation on the bill yesterday as well. This is a bill that really should get full debate. I am disappointed that not only did the government move time allocation, but it took so long to bring in this bill.

The NDP originally asked the Speaker to rule this an omnibus bill so that we could deal with it separately. The government agreed that we could vote on the navigable waters section separately. We also asked that the bill be split up for committee study. The first section, on the impact assessment, is ideally suited for study by the environment committee. The central part, which deals with the National Energy Board and the Canadian energy regulator, belongs with the natural resources committee. The navigation protection section, obviously, should have gone to the transport committee.

That division of labour would have provided for a thorough and efficient study. Instead, the whole bill was thrust onto the environment committee, where, with impossible deadlines, many important witnesses could not testify. I was contacted early on by a consortium of Canadian scientists who had studied this and wanted to present evidence before the committee. This was not a single scientist; these were a lot of the important environment scientists in Canada. They were denied access to the committee simply because, I imagine, there were too many witnesses trying to testify before the committee in those tight timelines.

At committee, the NDP submitted over 100 amendments, none of which were accepted. Tellingly, the government submitted over 100 amendments of its own. This tells me that the legislation was clearly rushed into the House and should have been written with more care.

The Liberals are hashtagging this bill #BetterRules, but the Canadian Environmental Law Association, the legal experts who arguably know more about this subject than most Canadians and most politicians, has said that this legislation in neither better, nor rules.

I will quote from a briefing note prepared by Richard Lindgren of the Canadian Environmental Law Association:

[T]he IAA is not demonstrably “better” than CEAA 2012. To the contrary, the IAA replicates many of the same significant flaws and weaknesses found within the widely discredited CEAA 2012....

[T]he IAA does not establish a concise rules-based regime that provides clarity, consistency, and accountability during the information-gathering and decision-making process established under the Act. Instead, the key stages of the proposed impact assessment process are subject to considerable (if not excessive) discretion enjoyed by various decision-makers under the IAA.

At the most fundamental level, for example, it currently remains unclear which projects will actually be subject to the IAA.... [It] contains no benchmarks or criteria to provide direction on the type, scale, or potential effects of projects that should be designated under the new law.

I would like to spend a little while speaking more to the second part of the bill, the energy regulator section.

This section disbands the National Energy Board and creates a new but rather similar body called the Canadian energy regulator. The section opens with a preamble and a statement of purpose. Surprisingly, in this day and age of a brave new world of energy, neither makes reference to linkages between energy and climate. In fact, there is no mention at all of climate in this entire section.

Much of the public work of the old NEB was about regulating pipelines. One could easily come to the conclusion that this is a case of closing the barn door after the horses have left, since it seems unlikely that the new regulator will ever have to review an application for a major new oil pipeline.

The Minister of Natural Resources has risen countless times in this place declaring that the government has restored confidence in the energy regulation system, and that is why the Kinder Morgan pipeline can be built. Unfortunately, he is deeply misinformed.

A couple of months ago, I met with Dr. Monica Gattinger of the Positive Energy group at the University of Ottawa, who studies this very issue of public confidence in energy issues, and Nik Nanos, whose polling firm had asked Canadians about that confidence. Perhaps not surprisingly, Mr. Nanos found that public confidence in the Canadian energy regulation system was at an all-time low. If we thought it was low during the Harper government, it has continued to decline, and now only 2% of Canadians have strong confidence in the energy regulation system. That lack of confidence is shared by members of the public on both sides of the issue: it is lowest in both Alberta and British Columbia. It results in situations like the Kinder Morgan impasse. I should mention that the last time I heard the minister speak on this subject, he did admit that confidence was suddenly a problem in this area.

The Liberals promised during the last election to put the Kinder Morgan proposal through a new, stronger review system, but instead sent a three-member ministerial panel on a quick tour along the pipeline route, giving communities, first nations, governments, and the concerned public almost no advance warning to prepare their presentations. No record was made of the proceedings.

Despite the serious shortcomings of this process, the panel came up with six questions that it said the government would have to answer before making its decision about Kinder Morgan. I will mention only the first three.

First, can the construction of the Trans Mountain expansion be reconciled with Canada's climate commitments?

Second, how can pipeline projects be properly assessed in the absence of a comprehensive national energy strategy?

Third, how can the review of this pipeline project be squared with the government's commitment to the UN Declaration on the Rights of Indigenous Peoples?

I would suggest that none of these questions was answered, even in part, before the government made its decision to approve the Kinder Morgan expansion, and none of them were answered before the government bought the pipeline, which was actually the old pipeline. This leaves a lot of questions about how the government is to regulate itself in getting that pipeline built.

Amazingly, none of those questions are properly answered in the legislation before us, which comes two years after the Kinder Morgan decision. After the government has accepted Bill C-262, which calls for government legislation to be consistent with the UN Declaration on the Rights of Indigenous Peoples, there is no mention of this in the body of Bill C-69. Only after much pressure did the government agree to put it in the preamble, where it would have no legal effect.

We need to restore the confidence of Canadians in our energy regulatory system and in our environmental impact processes. Without that confidence, it will be increasingly difficult for Canadian companies to develop our natural resources, which are at the heart of our national economy.

The Liberals continue to pretend they are doing good, but they are all talk and no action, or as we say in the west, all hat and no cattle. We need bold action to build a new regulatory system that gives voice to all concerned Canadians.

[David Yurdiga, Conservative, Fort McMurray—Cold Lake, AB]

Mr. Speaker, I rise today to debate Bill C-69.

It is obvious that Bill C-69 would ensure that major private sector pipelines will never see the light of day. This Liberal Bill C-69 will forever be known as a black death to the oil and gas sector, killing jobs from coast to coast to coast. The Liberal government has enacted a series of anti-resource policies and has sent signals that discourage economic growth. The hikes in tax rates, increased capital gains taxes, which entrepreneurs are averse to, and the carbon tax all affect investment in Canada. We have witnessed that Liberal policies and lack of action on the energy file have chased over $80 billion out of our country, taking with them hundreds of thousands of jobs.

When I was first elected, anyone across the country who was willing to work could find a job in Alberta. Those willing to work hard, often more than 40 hours a week, could support their families, send their kids for post-secondary education, and still save for the future. Small businesses across Alberta were also booming from the economic activity that the industry brought into almost every town and community in the province. That is not the case today. An oil crash later, a provincial government change, and a federal government change have all Albertans concerned for their future.

The global price of oil will always fluctuate, but what many Canadians do not know is that we do not receive the price per barrel that is commonly reported. The price reported is the North American benchmark, West Texas Intermediate. Our oil is traded as Western Canadian Select. The difference between the two prices is about $34 a barrel, on average. The good news is that pipelines can help to close that gap in prices. The more access we have to markets other than the United States, the better the deal we can obtain.

Instead of supporting the building of these pipelines, the Liberal government has introduced regulation after regulation to cripple the industry and deter investment. Today we are talking about the unpopular move that the Liberal government has struck against the west and our oil industry by robbing the National Energy Board of most of its powers through the creation of the Canadian energy regulator.

The National Energy Board has served as a world-class regulator for the natural resource sector since its creation in 1959. Since then, it has reviewed and approved major energy projects across Canada. Over the last decade, the NEB has approved the pipelines Alberta desperately needs, which made it a target for political interference. When the Liberal government took power, the natural resource minister's mandate letter called on him to “Modernize the National Energy Board to ensure that its composition reflects regional views and has sufficient expertise in fields such as environmental science, community development, and Indigenous traditional knowledge.”

While the government believes Bill C-69 would complete this mandate, I would like to cover how this bill would drive investment out of Canada.

One of the changes the bill would bring in is the establishment of timelines. The government claims that there will be timelines of 450 days for major projects and 300 days for minor projects, respectively, pursuant to subclauses 183(4) and 214(4). While many Conservatives are in favour of timelines for projects, the devil is in the details, and unfortunately we did not have time or enough witnesses at our round tables to go over these details. The application process can be dragged out, and that will not be considered in the timelines. The lead commissioner will be given the ability to exclude time. Lastly and most importantly, the minister can approve or deny an application before it even gets to the assessment phase. We only have to look at the cancelled northern gateway pipeline to see that the government has no problem putting national interests on hold and dismissing a pipeline for political reasons.

I am also concerned about the changes to the NEB standing test. Currently, individuals and organizations directly affected by the project or capable of providing valuable knowledge are heard by the National Energy Board. The new rules would allow anyone to participate and be heard. This would ensure that groups who oppose all energy projects across Canada will be given a bigger voice. Groups outside of Canada will be given a voice as well, and they do not have our best interests at heart.

I can only imagine what our global competitors think of this legislation. It would give them the opportunity to fund groups that will oppose every project that has the ability to threaten their market share. To think that this will not occur in the future is foolish and short-sighted.

Briefly, I would like to bring your attention to the projects that have died under the Liberals' watch.

The Prime Minister imposed offshore drilling bans in the Northwest Territories without notice to the territorial governments, which killed exploration and future development, and the Petronas-backed NorthWest LNG megaproject on the west coast was cancelled. The Liberal government has ever-changing policies and roadblocks, which led to the cancellation of energy east. The Liberals also cancelled the Conservative-approved pipeline project known as the northern gateway, which would have brought our oil to tidewater. They legislated the northern B.C. coastline tanker ban, which will ensure projects like the northern gateway and Eagle Spirit will never be possible.

In addition, many Canadians and experts are concerned over the purchase of a 65-year-old pipeline at twice its book value, but the biggest concern is the current condition of the pipeline.

Some of the questions I have are these: What is the life expectancy of the 65-year-old pipeline? What is the projected cost of the maintenance and upgrade of the 65-year-old infrastructure? Will the newly created crown corporation be self-sufficient or end up like the CBC, dependent on taxpayer handouts? Will the construction of the twinning of the pipeline be subject to Bill C-69? Did the government assume all liability from Kinder Morgan, including liabilities from the past?

We should all recognize that the natural resource sector has brought tremendous wealth to my riding, all of Alberta, and Canada. The oil sands alone have brought $7.4 billion to the Canadian economy outside of Alberta: $3.9 billion to Ontario, $1.3 billion to British Columbia, $1.2 billion to Quebec, $333 million to Newfoundland, $143 million to Manitoba, $142 million to Saskatchewan, $96.7 million to Nova Scotia, $50.8 million to New Brunswick, $11.4 million to the Northwest Territories, $6.3 million to Prince Edward Island, $1.6 million to Yukon, and the list goes on. These figures include everything from especially made overalls to high technology for reducing global emissions.

Members need to consider that if we keep our resources in the ground, as environmentalist David Suzuki wants us to do, we are not saving the environment; we are just moving resource development to countries around the world that have lower safety standards and lower environmental protections. I believe that if resources are needed, it is better that they come from here and not from human rights abusers and dictators.

I know that many members of Parliament have voted for regulations of every type and will continue to do so. What they need to consider before voting on this bill is that we are part of a global market. Right now we are competing with countries across the world to sell our goods and attract investment.

We only need to look across the border to see a government intent on bringing in billions of dollars of investments and the jobs that come with them. Since taking office, the Trump administration has given the energy industry a tremendous amount of confidence to invest by cutting regulations and taxes. Future natural resource jobs in my riding, in Alberta, and across Canada are at stake if this bill passes, and that is why my Conservative colleagues and I stand against this bill.

[John Barlow, Conservative, Foothills, AB]

Mr. Speaker, I have great respect for my colleague. We work very well together on the agriculture committee. He touched on something when he pointed out that although we are talking about Bill C-69, this really is about a larger narrative.

The government is making making significant decisions that will impact almost every aspect of our economy, whether it is energy, farming, ranching, or small business. As we have seen over the last few days, and certainly over the last couple of weeks, the Liberals are trying to ram these decisions through with little to no consultation either from members or from Canadians who are going to be impacted by this decision.

I would like my colleague to talk about some of the things he is hearing in his constituency about the impact, or about the frustration from his residents as a result of the decisions being made by the Liberal government with no consultation with Canadians.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, I am glad to have this opportunity to join the debate on Bill C-69. It is an opportunity that unfortunately many colleagues in the House will not be able to have. We are currently debating it under time allocation, so we have a limit of five hours to debate it.

I want to walk the House through a little history lesson.

If we go back to the 2015 election, the Liberals, particularly the Prime Minister, made a lot of promises during that campaign. One of them was a repeated promise that if the Liberals were elected, they would immediately restore a strengthened federal environmental assessment process. They made a commitment that they would not approve any projects without first enacting that strengthened assessment process to ensure decisions were based on science, facts, and evidence, and that they would serve the public interest.

In fact, the Prime Minister made a visit to British Columbia. He came to Vancouver Island to the community of Esquimalt on August 20, 2015. People will know Esquimalt, because that is the home of the main Pacific naval base for Canada. He was asked specifically about the promise in the context of Kinder Morgan. He said, quite clearly, that the Kinder Morgan pipeline review process would have to be redone under stronger and more credible rules.

However, what we have before us today, with Bill C-69, is a gargantuan bill, clocking in at 364 pages. It is too little too late, because we are now debating a bill after the government has approved Kinder Morgan and after it has announced the purchase of the pipeline.

The bill comes to us roughly 28 months since the Liberals were elected. I have heard other members of Parliament express in this place that the bill should have gone to three separate committees. It should have gone to the transport committee, the natural resources committee, and the environment committee so each of those collective bodies, with the experience and knowledge that members attain while working on them, could have studied the constituent parts and called forth the appropriate witnesses.

Instead, one committee was entrusted to this monumental task, this herculean task. I know the efforts of the member for Edmonton Strathcona in listening to the evidence and in trying to put forward amendments to see that the bill lived up to the promises the Liberal government had made. Unfortunately, due to the time constraints and the Liberal members on the committee not really listening to her, most of those amendments were defeated, and here we are at the report stage of the bill.

I also want to go back to the time before Bill C-69 was introduced. The Liberals keep on saying that Kinder Morgan did go through a renewed review process. Well, let us just examine what they in fact set up.

The Liberals had set up what was known as a “ministerial review panel”. In fact, that panel admitted that it lacked the time, the technical expertise, and the resources to fill the gaps in the National Energy Board process. It ended up with little more than questions that remained unanswered. They kept no public records of hearings, admitted that the meetings were hastily organized, and confirmed that they had a serious lack of public confidence in the National Energy Board and its recommendations.

I attended one of those meetings when it came to Victoria. I remember the room unanimously coming out against Kinder Morgan. It was kind of a slapdash piece of work.

Despite all of the setbacks of the ministerial review panel, its members still came out and acknowledged that Kinder Morgan's Trans Mountain pipeline proposals could not proceed without a serious reassessment of its impacts on climate change commitments, indigenous rights, and marine mammal safety. Therefore, they, in a sense, were acknowledging the huge problems that existed with this project.

The Liberals keep on openly wondering why there is such passionate opposition to this project, specifically in British Columbia where the risks are very much concentrated. It is because people did not have faith in the previous process. Many of them were lured to vote Liberal. They had hoped that the new Liberal government would actually live up to its promises.

Instead what they got was a ministerial review panel, judgment passed by the Liberal government before the facts, and now this bill, Bill C-69, which still has many problematic elements. One of the big ones is that the Minister of Environment will still have an arbitrary right to monitor environmental projects. It leaves them open to political influences instead of scientific evidence.

Governments come and go. We may have an environment minister in one government whom the public can trust and know that the person's heart is in the right place, but if a new government comes in that has completely different leanings and gives that kind of power to ministers, it can sway its decisions according to which way the political winds blow. That is not the way to enact strong, scientific, consensus-based decision-making.

I want to start framing this debate a bit more in the context of Kinder Morgan and the very fact that the government has made promises to get rid of subsidies to the oil and gas sector, that we are now last in the G7, and that the government has tried to strive to a 2025 goal.

The Liberals have paid $4.5 billion for a 65-year-old pipeline, one that exports diluted bitumen, and this is just the cost of the existing infrastructure and not of anything that will come from it. I hear members from all sides talking about a national energy strategy, but this pipeline serves foreign interests. It is not accumulating the best value for our product.

Diluted bitumen is the lowest grade of crude we can export. That is why it fetches the lowest prices. Expanding Kinder Morgan's capacity will not change the price. I see no incentive and I have seen no evidence that customers will be willing to pay more for the same product just because we can ship more volume. The existing pipeline exports 99% of it to California, so I would like to see evidence of all the buyers from Asia lining up at the door. They are currently not buying what Kinder Morgan is exporting today.

The Liberals like to use a favourite phrase that the environment and the economy go hand in hand. There are a few things that are wrong with this. It supposes that the environment and the economy are equal partners. That is not the case. I would argue that there is a relationship, but the economy is very much the junior partner. When we start affecting our environment, when we start polluting the waterways, and we see the effects of climate change, the economic ravages that can have far outweigh any of the benefits we can get.

There are economic opportunities in keeping in line with our environmental goals if we start to make the right investments into renewable energy. We have to see the way the world is going. This is 2018, and there is a trend. I want our country to take advantage of the economic opportunities of the 21st century economy, not invest in something that rightfully belongs in the 20th century.

Along the way, we have to be speaking to current energy workers. We have to ensure they come along with us. Everyone acknowledges that the oil sands will not stop production tomorrow, but we need to have a plan where we talk about the just transition of those workers to bring them with us into the new energy economy, so Canada is best placed for the 21st century.

I also want to talk about the Liberals' vote for Bill C-262 last week and how little those commitments mean this week.

The member for Edmonton Strathcona tried repeatedly, both at committee and now at report stage, to insert language into Bill C-69 that would live up to what Bill C-262 would do. Bill C-262 seeks to bring the laws of Canada into harmony with the United Nations Declaration on the Rights of Indigenous Peoples. If we look at all the report stage motions, we can see that the member for Edmonton Strathcona has tried to insert language in there that acknowledges the United Nations Declaration on the Rights of Indigenous Peoples and acknowledges the Constitution Act, 1982 and all of our commitments. I have been questioning Liberals repeatedly on this. Will they at least have some consistency and vote in support of those amendments, following their support for Bill C-262?

This bill is too little too late. There are gaps in it that we could drive a bus through. While we appreciate some elements of the bill, we have to look at the whole thing.

When it is this large, there are just far too many negatives. They outweigh the positives. That is why the NDP is going to withhold its support for the bill. We were hoping for a lot more, and frankly, so were the Canadian people.

[John Barlow, Conservative, Foothills, AB]

Mr. Speaker, I have heard from many farmers and ranchers in rural Canada about the changes in Bill C-69 and the impact they will have, especially when it comes to working on their own land. When they are working in spring runoff areas, little waterways and ditches, they will be forced to work with the Department of Fisheries and Oceans, even if someone cannot even get a raft or a balloon down that waterway. They are going to be treated like the last pirate of Saskatchewan is going to be sailing down the plain in his ship. It is going to cause a lot of burden and red tape for these farmers when they are trying to produce food and work on their land.

Could my colleague talk about the impact the changes in Bill C-69 will have on the agriculture sector?

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

Mr. Speaker, I heard my friend's comments loud and clear with respect to the Navigable Waters Protection Act. Canada had the legislation since 1867, originally under our first prime minister. It remained virtually unchanged until the very significant changes in 2012.

My friend and I will disagree. The omnibus budget bill, Bill C-45 in the fall of 2012, really did damage to our ability to protect navigable waters across Canada. This version in Bill C-69 represents a real improvement. The tragedy is that although the Minister of Transport has done a really good job in repairing that damage, because the impact assessment law does not create a requirement for a review of permits being given by the Minister of Transport, the whole system remains rather shattered, as it was by the budget bill and Bill C-38.

Has she looked at the definition and not recognized that this new definition in Bill C-69 does in fact take into account that waterways that can be used only part of the year and are not actually used for human navigation will not trigger any governmental involvement in navigable waters?

[Kelly Block, Conservative, Carlton Trail—Eagle Creek, SK]

Mr. Speaker, thank you for the opportunity to speak to Bill C-69, an act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other acts. My remarks this afternoon will focus on part 3 of this misguided bill.

Part 3 is the section of the bill that makes amendments to the Navigation Protection Act. This section of the bill continues the Prime Minister and the Liberals' assault on common sense laws and regulations that promote jobs and economic growth. The only people calling for the changes proposed in the bill are those opposed to resource projects that create economic development and jobs. They are representatives of the same people who have been protesting the Trans Mountain pipeline, the pipeline the Liberals recently purchased for $4.5 billion in taxpayers' money.

It is rather ironic that the Liberals are burning the bridge, so to speak, with the very voter pool they had hoped to pacify with the bill.

Bill C-69 proposes to change the name of the Navigation Protection Act to the Canadian navigable waters act. While seemingly cosmetic, this change reflects a substantial refocusing of the act on the protection of waters rather than the protection of navigation.

Canada is a large country, the second-largest in the world. In the 1800s, waterways were often the primary means of transporting goods across our vast geography. The legislative forerunners of the Navigation Protection Act were designed to protect the navigability of waterways for the sake of our economy.

With the advent of Canada's rail and road systems, as well as our transportation system, Canada's transportation system has become less reliant on water navigation. However, that said, waterways remain an important element of our transportation system in many regions of the country.

As I said a moment ago, the changes in Bill C-69, including changing the act's name, demonstrate the Liberals' complete disregard for the original intent of the Navigation Protection Act, and instead reflect their misguided attempt to virtue signal in order to obtain the obscure idea of social licence. Without definition or boundaries, social licence is no more real than a pot of gold at the end of a rainbow.

The Liberals' fixation on this abstract idea is costing Canadians dearly. Again, just consider the $4.5 billion, and counting, that the Liberals have spent to buy the old Trans Mountain pipeline. Now consider the substantial changes to the Navigation Protection Act contained within this bill.

The current Navigation Protection Act includes a schedule of waters to which the act applies. This schedule was created by the previous Conservative government because we realized that not every seasonal creek, tiny river, or stream was used for the purpose of commercial navigation. We also realized that these seasonal creeks or tiny rivers were already protected by other environmental legislation and that when economic development was planned on or near them, it was duplicative and redundant to make these projects subject to the NPA when in fact these small bodies of water were not used for navigation.

Our changes were strongly supported by a broad range of stakeholders and organizations across Canada. They ranged from the construction industry, to the resource development industry, to municipalities and their associations. These organizations recognized that Canada needed prudent, careful environmental laws and regulations, but not duplicative ones. They realized that applying the NPA to projects where navigation was not a consideration was a waste of time and money and led to increased project costs.

On this point, the opposition by municipal organizations and the construction industry was highlighted to parliamentarians at the Standing Committee on Transportation, Infrastructure and Communities when we undertook a study in 2016 of the former Conservative government's changes to the NPA. The genesis of that study by the committee was very interesting and should be noted.

What prompted the committee's study of the NPA was twofold. First, I believe there was a misguided eagerness on the part of Liberal and NDP MPs to do the bidding of the Prime Minister, rather than focusing on the real issues, which would have had a more meaningful and positive impact on Canadians and our economy. The committee's study of the NPA was a case of the legislative branch taking its marching orders from the executive branch.

Second, and connected to my first point, the transport, infrastructure and communities committee undertook the study of the NPA as a result of an inadvisable letter from the Minister of Transport, co-authored by the Minister of Fisheries, Oceans and the Canadian Coast Guard, which was sent to the chair of the transportation committee. In this letter, the Minister of Transport, in effect, directed the committee to undertake this study to provide political cover for introducing changes to the previous Conservative government's legislation. Add to that the fact that the instructions contained within the Minister of Transport's ministerial mandate letter directed him to reverse the changes that were made when the NPA became law.

By directing the committee to undertake the study, the minister was foisting upon a parliamentary committee an instruction that he, himself, had been given. It is no wonder, then, that the conclusions of the committee study were pre-determined. To this day, I find this invasion by the executive branch into the workings of a committee of the legislative body to be a very egregious act on the part of the Minister of Transport and this Prime Minister.

Getting back to Bill C-69 and the new provisions it contains, if passed, the bill will maintain the schedule of waters to be covered by the bill, but it will change the rules and regulations for any work on any navigable water listed in the schedule. Additionally, the bill will create new rules and regulations that will apply to all navigable waters, not just those listed in the schedule.

When I say “navigable water”, it is important to note that this term is code for any body of water or seasonal stream that can float a petroleum-produced canoe or kayak. These new rules include providing an opportunity for the public to express concerns over a work's impact on navigation.

While noble in concept, we all know that this new provision has the potential to be abused by individuals and organizations ideologically opposed to certain projects. This bill is about undoing the good work of our previous Conservative government for spite, rather than implementing policy for the good of the country.

In conclusion, I believe that Bill C-69 is a bad bill and completely unnecessary. While I have only touched on a small part of this bill, I know that its other elements, which my colleague, the member for Abbotsford and others have articulated, will have an equally damaging effect on the Canadian economy and the investment environment in Canada as a whole. This damaging bill is just another piece of bad policy that is causing investment and job creators to look at other countries and/or leave Canada.

It is my sincere hope that the Liberals will reconsider what they are doing to Canada's economy and reputation with misguided pieces of legislation like this one.

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

Mr. Speaker, we are debating Bill C-69, which is an omnibus bill that affects the new Canadian energy regulator, which was the National Energy Board; the Impact Assessment Act, which was the Canadian Environmental Assessment Act; and the navigable waters act. Having practised environmental law for most of my life, I do not suppose she will believe me when I tell her, but I will try to tell her, that this bill is incredibly weak and does nothing to make development more difficult. It cannot possibly drive away investors unless they only want to put their money in countries where environmental assessment meets the minimum standards of rigour that Canada used to have between the early 1970s and 2012.

I do not suppose she is reassured, but I am voting against Bill C-69 because it is absolutely weak. I wonder if she has read it in detail and recognizes that it keeps in place most of what the previous government had done.

[Rosemarie Falk, Conservative, Battlefords—Lloydminster, SK]

Mr. Speaker, I am glad to rise again today to finish my remarks. I started them at five minutes to midnight last night, so I am glad that I have this opportunity to continue.

I want to remind my colleagues that Kinder Morgan never asked for a single dollar of taxpayers' money. It asked the government to provide certainty that its pipeline could be built. Even though the Liberals approved the expansion of the Kinder Morgan pipeline, they sat on their hands and did not champion it. Kinder Morgan was not given the certainty it had asked for. Instead, it got delay after delay. That failure led to the nationalization of the pipeline, and as I have said, it has come at a significant cost to Canadian taxpayers.

Of the bailout, Aaron Wudrick, the federal director of the Canadian Taxpayers Federation, said it is “both a colossal failure of the [Prime Minister's] government to enforce the law of the land, and a massive, unnecessary financial burden on Canadian taxpayers.”

Pipeline projects can be built without taxpayer money. The former Conservative government approved 4,500 kilometres of new pipeline through four major pipeline projects.

The role of the government should be to ensure that projects that are scientifically determined to be safe for the environment, and in the interests of Canadians, receive approval. Through low taxes and a clear and less burdensome regulatory system, the government could achieve some success. More than halfway through their mandate, the Liberals have not learned that lesson. That is why Trans Canada pulled out of the energy east pipeline project.

That was not the only energy sector loss. The Liberals' poor management of our energy sector has chased away over $80 billion of investment. As I am sure every member in this place will remember, just recently the Liberal government passed the oil tanker moratorium act through the House. This legislation, when enacted, will prevent an entire region from accessing economic opportunities in the oil and gas sector.

Chris Bloomer, president and CEO of the Canadian Energy Pipeline Association, said, “Projects require clarity and predictability, and once approved should not be subject to costly delay tactics that thwart Canada's economic and social prosperity.” It is really quite a simple ask from Canada's energy industry. It wants to know the rules, know that they are fair, and know that they will not change erratically.

Bill C-69 would not provide that assurance to those working in the energy sector. First, it would provide a slew of ministerial and Governor in Council exemptions that could be used to slow down the approval process. It would also add a planning phase to the process, a brand new process that would be an added 180 days.

The legislation we have in front of us does not provide me with any measure of confidence that it would decrease project timelines or improve certainty for investors. Rather, it would do just the opposite. This legislation would not make investment in Canada more appealing. Rather, it would make it more complicated and more uncertain.

Bill C-69 proposes increased consultation and would expand the criteria to be considered in the assessment of a project. It would seek social license, but it would not increase scientific analysis of the project.

Let us not forget the fact that the minister would have a veto right at the end of the planning phase. This would certainly not instill confidence in investors. It would tell potential investors that decisions on the approval of a project could be decided on a political whim.

We have to also remember that this is happening while the United States is cutting regulations and lowering its taxes. Canada has lost significant business investment. We cannot afford the cost of increased regulation and increased uncertainty. This legislation would not strike the appropriate balance between protecting the environment and growing our economy.

This legislation, like the Liberal government's policies, is flawed. It would propose new regulatory burdens that, when combined with other measures the Liberals have introduced, such as the carbon tax, would drive investment away from Canada.

If Canada wants to compete globally, we need to lower taxes and streamline the regulation system. We need a government that works with Canadians and not against them.

Bill C-69 would result in a loss of jobs, a loss of economic growth, and a loss in global competitiveness. I cannot support the Liberal government's continued efforts to undermine Canada's long-term prosperity.

The House resumed from June 6 consideration 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, as reported (with amendment) from the committee, and of the motions in Group No. 1.

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 continue with the report stage debate on Bill C-69, the environmental assessment act.

Following this, we will turn to Bill C-75, the justice modernization act, and Bill C-59, the national security act.

If time permits, we shall start debate at report stage of Bill C-68, the fisheries act, and Bill C-64 on derelict vessels.

Tomorrow morning, we will begin third reading of Bill C-47 on the Arms Trade Treaty. Next Monday, Tuesday, and Thursday are allotted days. Also, pursuant to the Standing Orders, we will be voting on the main estimates Thursday evening.

Next week, priority will be given to the following bills: Bill C-21, an act to amend the Customs Act; Bill C-59, an act respecting national security matters; Bill C-64, the wrecked, abandoned or hazardous vessels act; Bill C-68 on fisheries; and Bill C-69 on environmental assessments.

We also know, however, that the other place should soon be voting on Bill C-45, the cannabis act. If a message is received notifying us of amendments, that will be given priority.

Impact Assessment Act

[The Assistant Deputy Speaker, Anthony Rota]

The hon. member will have five minutes and 45 seconds the next time Bill C-69 comes up for debate.

[Rosemarie Falk, Conservative, Battlefords—Lloydminster, SK]

Mr. Speaker, I rise this evening, and almost tomorrow, to speak to Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts.

I appreciate this opportunity to speak to this legislation, as the measures proposed in it would have a significant impact on the constituents in my riding. The energy sector is a central industry in my riding of Battlefords—Lloydminster, and ensuring the industry's viability and growth going forward is crucial to my constituents. While the responsible development of our natural resources is important to my riding, it is equally as important to all Canadians.

Our country owes a lot of its prosperity to our natural resources, a fact that even the Prime Minister has admitted. In his mandate letter to the Minister of Natural Resources, he wrote, “Throughout Canada’s history, our prosperity has been built on our natural resources.” It is a fact that he cannot and should not forget. Our development of natural resources creates jobs in Canada and economic development, and through taxes, it contributes significant revenues to the government.

The energy sector is a key natural resource sector in Canada. It creates over 800,000 Canadian jobs and represents nearly 10% of Canada's nominal GDP. Those figures are nothing to scoff at. Unfortunately, despite the Prime Minister's acknowledgement of the importance of our natural resources, both his actions and inactions have come with a tremendous price tag.

The Liberal government has a terrible record when it comes to Canada's energy sector. While the members across the aisle may want to claim that this legislation is a positive step for the future of our energy sector, that is just not the case, and the Liberals simply cannot be trusted on this file.

This legislation proposes a one project, one review system for approving proposed projects. In principle this looks very positive, but a closer look at this bill quickly reveals that it is full of measures that could be taken to slow down the approval process. In actuality, the process that has been outlined is lengthier.

This perhaps comes as no surprise to many, as we have repeatedly seen the Prime Minister make promises to Canadians and then fail to deliver on them. In fact, since forming government, the Prime Minister has repeatedly failed our energy sector. The recent taxpayer purchase of the Kinder Morgan pipeline is a great example of the Prime Minister's failure, a failure with a $4.5-billion price tag and one that puts Canadian taxpayers on the hook for billions more in costs.

I remind my colleagues that Kinder Morgan never asked for a single dollar of taxpayer money. All it asked for was that the government provide certainty that a pipeline could be built. Even though the Liberals approved the expansion of the Kinder Morgan pipeline, they sat on their hands and did not champion it. Kinder Morgan was not given the certainty it asked for. Instead, it saw delay after delay after delay.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

The Conservatives can heckle whatever they want. The reality is that they did not build one inch of pipeline to tidewater. They failed. There were 10 years of failure on that front. What they asked for was to see a pipeline built, because they could not do it.

Now we have a government that is actually making it happen. One would think the Conservatives would be happy to see that, but no. Now they are asking why the government is buying a pipeline. Do I need to remind them that it was Harper who bought automobile shares to protect an industry? Imagine the thousands of jobs that were saved because of the Harper decision to invest in the automobile industry. That money was ultimately returned. Need I remind them they cashed out a billion dollars on it in the last budget they presented? Why are they saying no to Alberta, and to Canada as a whole? That is the challenge I put to my Conservative friends, because it just does not make any sense.

What does Bill C-69 do? It protects our environment, fish, and waterways. This is good stuff. We are re-establishing public confidence in the environment and in economic development because they can go hand in hand. We are also respecting indigenous rights.

If I go back to my New Democratic friends, they will point out that there is a group that is in opposition to it. The logic of the NDP, which at times can be a challenge, is that if we do not get 100% buy-in, then we should kill the project, no matter what the project is. That seems to be the New Democrats' approach to economic development. I think they owe it to Canadians to be a little more clear and transparent.

I believe we have seen political parties on all sides recognize exactly what we have been able to accomplish with regard to the Trans Mountain expansion project. It is something the Conservatives could not accomplish. Whenever you have a major project, there are divisions, even within the NDP ranks. Take a look at the premier of Alberta. What does she have to say? She is very encouraging and very positive that we finally have a national government able to get the job done. On the other hand, we have the NDP in British Columbia who are determined to kill the project, and now we have the national party, whose position is a little harder to peg, but I think in the last week or so it has become very clear that it does not see the value of pipelines.

I will tell members why it is in Canada's national best interest from the narrow perspective of my province of Manitoba. We can talk about the thousands of jobs that will be created and the endless opportunities for indigenous people and communities in all regions of our country. We will all benefit from it. However, I want to focus on something that does not get talked about very often, which is that the Province of Manitoba will spend roughly $6 billion on health care, and probably quite a bit more than that. It has been awhile since I was a member of the Manitoba legislature, but we are very dependent on equalization payments, transfer payments, and so forth. A province like Alberta, for example, contributes billions of dollars towards equalization. If Manitoba did not receive that kind of funding, we would be unable to provide the type of services we do in health care, education, and many of the social programs that are so very important and part of what I believe Manitobans and all Canadians would like to see.

When I first learned that we were acquiring the Trans Mountain expansion project, I felt very good about it. I thought this is what it means to be in government, which is to have a vision that would ultimately see Canada continuing to grow. Our middle class today will be healthier tomorrow as a direct result of this acquisition. At the end of the day, that was a commitment we made to voters back in 2015. We committed to looking at ways to build Canada's middle class and those aspiring to be a part of it, and to look at ways to strengthen our economy.

However, those naysayers, the New Democrats, do not understand or appreciate the importance of energy and getting our commodities to market, and would rather say no to anything and everything. The Conservatives do not appreciate the importance of our environment and respecting indigenous rights.

On this side of the House, this Prime Minister and this caucus understand the value of a government that is prepared to make tough decisions that will have a profoundly positive impact in many different ways in every region of the country. I am so proud to be part of a government that does not shy away from acting in the national best interest. That, to me, is one reason we should all be getting behind the Trans Mountain project and, specifically, this proposed legislation.

This proposed legislation would reinforce that trust by having, for example, the Canadian energy regulator ensure that on the issues the agencies are addressing, the required conditions are in fact being met. That would be a good thing. There would be more efficiency. At the end of the day, we will be better off with the passage of this legislation.

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Mr. Speaker, it would be speculation indeed, because it does not seem to make a lot of sense to have commissioned that work, have it done, and then largely ignore it.

We saw something similar with the Special Committee on Electoral Reform. There was a budget for that committee too. It did a lot of travel, heard from a number of witnesses, and produced a really great report. Everybody put a bit of water in their wine to clear the path for the government to move forward and make good on its election commitment. Without really even taking time to consider that report, the government decided to throw it in the wastepaper bin. It is a theme, but the motivation behind that theme is not exactly clear.

On the issue of electoral reform, by way of analogy to Bill C-69, one could imagine the government creating a really good proportional representation voting system that actually satisfied Canadians who voted for change, but putting in a caveat in the bill that the government of the day could decide in advance of an election whether it would use that process or the old process. I do not think anybody would say that made sense. Right?

Effectively, the ministerial discretion to decide whether to apply this framework to a project and then to ignore it afterwards would be a further caveat. We would be saying, “If we had the election and we do not like the results, we will actually just rescind it and then will redo the election under the old process.” Nobody would think that was a good idea, and effectively that is what is happening here.

There may be virtues in the change to the process, but the real problem is whether the process will be applied and whether it has to be respected once it is seen through.