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.

Bill C-69—Time Allocation Motion

[Catherine McKenna, Liberal, Ottawa Centre, ON]

Mr. Speaker, I would like to thank my parliamentary secretary for all the hard work he has done in rebuilding public trust and restoring transparency.

The amendments and Bill C-69 would provide additional clarity and safeguards so that Canadians can have confidence in reviews of major projects. When we look at transparency, the bill requires assessment reports to incorporate a broader range of information, including a summary of comments received, recommendations on mitigation measures and follow-up, and the agency's rationale and conclusions. It requires that public comments provided during a project's reviews be made available online and that the information posted online be maintained so that it can be accessed over time. It is critically important that Canadians have an opportunity to provide input, that they have an opportunity to see what folks have said about environmental assessment, and that people understand how a decision was made.

[Catherine McKenna, Liberal, Ottawa Centre, ON]

Mr. Speaker, as I mentioned at committee yesterday, unsurprisingly the Conservatives are once again engaging in delay tactics by moving to delete every single clause of the act with not one substantive amendment. This has happened every step of the way, including at second reading. At committee, the opposition repeatedly refused additional meetings within the timeline established, and Conservative MPs delayed consideration of clause-by-clause.

Despite these actions, our government will ensure that we restore public trust, that we protect the environment, that we introduce modern safeguards, that we advance reconciliation with indigenous peoples and, of course, that we ensure that good projects go ahead and we get our resources to market. That is why we are taking appropriate steps to ensure that Bill C-69 moves forward.

[Kevin Sorenson, Conservative, Battle River—Crowfoot, AB]

Mr. Speaker, my New Democratic colleague said best when he said “Well, here we go again.”

In the last election, the Liberals said that they would never move time allocation, that they would not move closure, that they would not shut down debate. However, this is the 40th time that they have done it.

The bill before us would have a massive effect on my constituency. I would say that from about 2000 to 2007, when I met with my rural municipalities, without exception the number one concern they had was the navigable waters act. They understood that if they were to replace a culvert or if they were to do any type of construction, they would have to call the Department of Fisheries and Oceans, or what they called the “fish cops”. It meant massive red tape and it took forever to happen. This was their number one frustration.

To all those municipalities out there, the Navigable Waters Protection Act would be brought back under Bill C-69. There is not a rural municipality that will like it. Again, the Liberals are doing it, and they are shutting down debate. They are limiting us in being able to represent our constituents, and that is the shame.

[John Aldag, Liberal, Cloverdale—Langley City, BC]

Mr. Speaker, I would first like to commend the minister for the excellent job she has done. She appeared before committee on Bill C-69 twice and then returned for the main estimates this past week. There has been unparalleled access to the minister as we have discussed this bill, and there have been many fantastic amendments put forward. The bill itself strongly addresses the many concerns that arose. The reason we lost trust in the environmental assessment process arose from the previous government's actions in meddling in CEAA 2012.

One of the areas the committee looked at, which the House will see with the changes coming forward at report stage, deals with timelines. I would ask the minister to speak to the significant improvements in timelines that will be dealt with through Bill C-69. Canadians and the House would benefit from those comments.

[Catherine McKenna, Liberal, Ottawa Centre, ON]

Mr. Speaker, I am very pleased to talk about Bill C-69. While we might not always agree on every point, it is important to note that the committee passed a number of opposition amendments and there were a significant number that received unanimous support. I would like to highlight some of those.

There was a key amendment proposed by the member for Saanich—Gulf Islands that was supported by committee members. It clearly reflected the government's strong commitment to science, and it was clearly very important. Liberal members also took into account NDP amendments in drafting the amendments. The member opposite spoke about reflecting the importance of the UNDRIP. That was really key.

Many amendments in relation to indigenous peoples were passed. This bills clarifies that indigenous knowledge would be considered and would not be limited to traditional knowledge of indigenous peoples. A number of amendments would strengthen the protection of indigenous knowledge. We know this is very important to indigenous peoples.

There were many other amendments that I am sure I will have the chance to talk about.

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

Mr. Speaker, here we go again with time allocation.

Now that I have the minister in the House, I have a question for her. Last week the minister and her government voted in support of Bill C-262, an act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples. The member for Edmonton Strathcona moved roughly 25 amendments at committee to make sure that this bill actually lives up to what the Liberals did last week, and every single amendment was voted down by the Liberals. She now has several motions at report stage that seek to bring this bill in harmony with the UNDRIP.

Will the minister be consistent with her vote last week and support these amendments to make sure that Bill C-69 lives up to the provisions of what she voted for in voting in favour of Bill C-262, yes or no?

[Catherine McKenna, Liberal, Minister of Environment and Climate Change]

Mr. Speaker, I would like to thank the hon. member and all members of the committee for their very thorough review of Bill C-69 and the many thoughtful amendments.

The committee heard from over 80 witnesses and reviewed over 150 submissions over two months, and the quality and scope of the amendments speak to the rigour with which they reviewed the bill. I am very pleased to say our government is supporting these amendments.

We need to do better. Canadians elected us because they wanted to make sure we demonstrated that the environment and the economy go hand in hand. With Bill C-69, we knew we needed to rebuild trust that was sorely lacking because of the Conservatives' actions in gutting our environmental assessment process, so I am very pleased that we have come together and are going to be able to rebuild trust, because it is so critical that we get good projects going ahead after a thorough environmental assessment.

[Robert Sopuck, Conservative, Dauphin—Swan River—Neepawa, MB]

Mr. Speaker, as a member of the environment committee who has been involved in the discussion and debate on Bill C-69, I have never been so appalled in my entire life at how bad this particular bill is.

For example, Chris Bloomer, the president of the Canadian Energy Pipeline Association, likened Canada's regulatory environment to a toxic regulatory environment.

Recently Don Lowry, past president and CEO of Epcor Utilities, wrote a piece in the Edmonton Journal on June 5:

Investor flight from energy sector is a national embarrassment

Over the last few years, a thicket of regulatory approvals and processes, both provincial and federal, have crept into place, effectively suffocating through delay and denial anything getting timely approval.

As someone with an environmental background who has worked in pipeline assessments, I can assure the minister that every single pipeline in Canada is built to the highest environmental standards.

Why is the minister piling unnecessary regulations on the Canadian energy sector and denying Canadians the economic opportunity that they need to build this country?

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

moved:

That in relation 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, not more than five further hours shall be allotted to the consideration of the report stage and five hours shall be allotted to the consideration at third reading stage of the said bill; and

That, at the expiry of the five hours provided for the consideration of report stage and at the expiry of the five hours provided for the consideration of the third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the said stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.

Criminal Code

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

Madam Speaker, I wonder if there is any sign from the government that the bill will receive due consideration and will not be rushed through committee. I heard the hon. member for Mount Royal say a moment ago that there was an invitation to encourage people to be witnesses.

Recently, and particularly on the omnibus bill, Bill C-69, we went through rushed hearings during which we could not hear from many witnesses and we could not debate all the amendments during clause-by-clause consideration.

I will not go through the many examples of that, but could the member assure the House that the bill will be thoroughly studied? We are at second reading. I think we can all agree that it does some good things, but it needs a lot of work. Is that possible at this point? I thank the member for any light he can shine on that process question.

Bill C-69—Notice of time allocation motion

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

Mr. Speaker, an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the report stage and third reading stage of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts.

Under the provisions of Standing Order 78(3), I give notice that a minister of the crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Motions in Amendment

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

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

[Lloyd Longfield, Liberal, Guelph, ON]

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

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

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

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[William Amos, Liberal, Pontiac, QC]

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

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