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

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

Mr. Speaker, I do not doubt at all the commitment of my fellow British Columbian across the way to indigenous rights. I have spoken to him privately about this.

What I am worried about, though, is the commitment of his government. I acknowledge that the Liberals did vote in favour of Bill C-262 last week, and I commend them for doing that.

Now we have an opportunity before us to put that vote into action with Bill C-69. The member will know that the member for Edmonton Strathcona has several report stage amendments on the bill. I will specifically reference Motions Nos. 12 and 13, which would insert language into Bill C-69 to recognize indigenous rights, and make specific reference to the Constitution of Canada and to the United Nations Declaration on the Rights of Indigenous Peoples.

Will the member be consistent with his vote last week and vote in support of these report stage amendments so we can make the bill come into compliance, as per the instructions of Bill C-262, that the laws of Canada be brought into harmony with the United Nations Declaration on the Rights of Indigenous Peoples? I would like to see the member's commitment, right here and now, to support these amendments.

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

Mr. Speaker, I truly value the work my hon. colleague from across the way does on the environment committee.

On Bill C-69, I would like to go back. One of the issues that was the driver behind it was that Canadians had lost trust in the process. We heard that clearly during the 2015 election campaign. That was why it was part of our campaign platform. I am pleased with the changes that our government has made in Bill C-69 to the legislation that we saw prior to it.

To the member's question on process, this was a very robust consultation process that our government employed in coming up with the legislation. Consultations were held across the country, from province to territory, indigenous organizations to industry. It was a very robust set of consultations.

When it came to committee, we had opportunities to discuss it, to bring in witnesses. On many occasions, the opposition members did speak to the need to have more time to hear from witnesses. The public record will show, time after time, that our side said we would add days and hours, and that we would come in during constituency week. There was a very robust process at the committee stage, as we moved to report stage, looking at amendments and the testimony, and reflecting those changes in a very meaningful way in the legislation before us today.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I would like to thank my colleague from Cloverdale—Langley City, with whom I have the privilege of serving on the Standing Committee on Environment and Sustainable Development.

I like to remind the House every chance I get that Conservative Party members do not wake up every morning looking for ways to destroy the planet. On the contrary, we took very meaningful action when we were in power, and we are proud to work hard every day to make the environment a priority.

As I mentioned at the outset, I have the privilege of serving with my colleague on the Standing Committee on Environment and Sustainable Development, and we have been under tremendous pressure from the government to fast-track the study of Bill C-69.

I must say that we have received a great deal of written evidence because we did not have time to hear from witnesses in committee. We even heard a presentation from a Quebec organization, and the representative told us she was the only person from her province who was able to testify. A number of Quebec organizations would have liked to take part in the debate. Their participation was important to us.

I would like to ask my colleague whether the Liberal government's process for Bill C-69 is adequate and whether we have done everything we possibly can to improve Bill C-69 so as to replace the 2012 legislation.

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

Mr. Speaker, I appreciate the opportunity to speak tonight in support of Bill C-69. Before I begin, I would like to acknowledge that we are on the traditional territory of the Algonquin and Anishinaabe peoples.

This bill provides the framework for a modern assessment process that would protect the environment, attract investment, and ensure that good projects go ahead in a timely way to create new jobs and economic opportunities.

Today, I am going to focus specifically on how it supports our government's commitment to reconciliation and a renewed relationship with indigenous peoples. Meeting this commitment is challenging, but it is also necessary. I will discuss how Bill C-69 would advance reconciliation and partnership with indigenous peoples. I will also describe what the government has heard from indigenous peoples in recent months, and how their input has helped strengthen this bill.

From the very beginning, our government has been clear that no relationship is more important to Canada than its relationship with its indigenous peoples. We committed to a renewed relationship based on the recognition of rights, respect, co-operation, and partnership as the foundation for transformative change, and we have taken important steps to fulfill that commitment.

In 2016, Canada announced its full support of the United Nations Declaration on the Rights of Indigenous Peoples without qualification, with a commitment to its full and effective implementation. This February, the Prime Minister announced that we will work in partnership with indigenous peoples to develop a new recognition and implementation of rights framework to realign the relationship between the Government of Canada and indigenous peoples based on the UN declaration.

Development of the framework builds on steps we have already taken along this path. That includes launching a review of laws and policies to ensure that the crown is meeting its constitutional obligations with respect to aboriginal and treaty rights, guided by 10 principles rooted in section 35 of the Constitution Act, 1982, guided by the UN declaration, and informed by the report of the Royal Commission on Aboriginal Peoples and the Truth and Reconciliation Commission's calls to action.

We have begun to make institutional changes to support the renewed relationship. In particular, we have announced the dissolution of Indigenous and Northern Affairs Canada and the creation of two new departments: Indigenous Services Canada and Crown-Indigenous Relations and Northern Affairs. This will accelerate work already begun to renew the relationship with indigenous peoples and better enable them to build capacity that supports the implementation of their vision of self-determination.

We have announced our support for Bill C-262, the United Nations Declaration on the Rights of Indigenous Peoples act, as a strong first step in the process of implementation. More legislation will be needed in order to fully implement the declaration in Canada. Our government has also made historic investments in indigenous education, health, infrastructure, and communities, including to improve primary and secondary education on reserve, improve health facilities, build housing, and ensure access to clean and safe drinking water.

Finally, recognizing that indigenous peoples have long been stewards of the environment and have knowledge of the land that spans generations, we continue to work closely with them as we take action to protect and enhance Canada's environment and respond to the threat of climate change.

Meaningful participation of indigenous peoples informed the development of the pan-Canadian framework on clean growth and climate change, and our government is working in partnership with the Assembly of First Nations, Inuit Tapiriit Kanatami, and the Métis National Council to implement it. Given the indigenous coastal communities' deep ties to Canada's oceans, we are partnering with them to implement our $1.5-billion oceans protection plan, for example in developing training programs to increase the participation of indigenous community members and women in marine safety jobs.

Finally, the bill before us today is built on a foundation of engagement with indigenous peoples, along with industry, stakeholders, and a broad range of Canadians from coast to coast to coast.

This bill is an important step, which would advance reconciliation and produce better project decisions by recognizing indigenous rights and working in partnership from the start. It would make it mandatory to consider indigenous knowledge alongside science and other evidence, including when the assessment is led by another jurisdiction.

Under the new impact assessment act, indigenous jurisdictions would also have more opportunities to exercise powers and duties, including taking the lead on impact assessments through substitution. Through measures such as the new early planning and engagement phase, the bill would ensure that indigenous peoples have opportunities to participate from the very beginning and throughout the assessment process.

Finally, it would place consideration of impacts on indigenous peoples and their rights at the centre of the decision-making process by including this as one of the key factors that must be taken into account when making a decision following an impact assessment.

Going forward, we are committed to working with indigenous peoples to define processes aimed at securing consent and collaborating with them as we develop regulations under this legislation.

Since the introduction of Bill C-69, our government has continued to engage with indigenous peoples at every opportunity. The Standing Committee on Environment and Sustainable Development also heard testimony from a number of indigenous peoples and organizations during the study of the bill. In response to that testimony, the committee made several key amendments that enhanced the bill's potential to advance reconciliation and a renewed relationship.

Indigenous peoples have said that it is important that the bill fully reflect our government's commitment to implement the UN Declaration on the Rights of Indigenous Peoples. Through amendments, the standing committee has ensured this commitment is at the forefront of the bill and will guide its implementation.

The bill now references the UN declaration in the preamble to both the impact assessment act and the Canadian energy regulator act. The purposes clause of the IAA now specifies that the government, the minister, the agency, and federal authorities will need to exercise their powers in a manner that respects the government's commitments with respect to the rights of indigenous peoples. Similarly, the mandate of the Canadian energy regulator would include exercising its powers in performing its duties and functions in the same way.

We have heard about the importance of taking a distinctions-based approach, one of the 10 key principles guiding our review of laws and policies. This is needed to ensure that the unique rights, interests, and circumstances of first nations, Metis, and Inuit peoples are acknowledged, affirmed, and implemented. In response to this feedback, the committee has amended the bill to ensure that membership of key committees under the legislation reflect a distinctions-based approach.

Indigenous peoples have told us that considering indigenous knowledge in impact assessments is critical. At the same time, they have called for better protection of this knowledge. The standing committee's amendments would strengthen both its use and protection of indigenous knowledge.

The bill would now require that assessment reports clearly show how indigenous knowledge has been taken into account. It also provides more safeguards across all acts to ensure appropriate protection for indigenous knowledge, while also recognizing that proponents may, at times, need to have access to it. Consultation would be required before indigenous knowledge could be disclosed, and ministers would then be able to place conditions on the disclosure of this information in light of those consultations.

In line with feedback from indigenous organizations, the committee has also clarified that indigenous knowledge would be considered, that this would not be limited to “traditional” knowledge of indigenous peoples.

Finally, throughout the bill, the committee has taken steps to further emphasize the commitment to meaningful participation in assessment processes for indigenous peoples as well as the public.

I am pleased to see that many of the amendments made by the standing committee directly respond to issues raised by indigenous peoples and will further ensure the bill can support reconciliation.

As I have described, our government is committed to advancing reconciliation and a renewed relationship in all of our actions, including this bill.

I want to recognize the contributions made to Bill C-69 by indigenous peoples and organizations across Canada. It is truly a privilege to work with indigenous peoples and to hear their perspectives and priorities. Our government looks forward to working collaboratively with indigenous peoples to implement the legislation.

I would once again like to recognize the committee for listening and responding to the testimony of indigenous peoples and organizations. This is a challenging process but, ultimately, a rewarding one as we work together to protect the environment, create economic opportunities, and advance reconciliation.

On a personal note, I would like to mention that I am a member of the environment and sustainable development committee. It was a great honour to be part of the considerations and the amendments on this legislation.

The House resumed from June 5 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 amendments) from the committee, and of the motions in Group No. 1.

Bill C-59—Time Allocation Motion

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

Mr. Speaker, as I was unable to rise earlier tonight on time allocation on Bill C-69, I will say, parenthetically, that I find that time allocation even more offensive than this one, because we were time allocated in committee as well. I had clause-by-clause amendments on Bill C-69, and I had clause-by-clause amendments on Bill C-59. At least, to the credit of the Bill C-59 time management, we were allowed to debate all the amendments on Bill C-59, on public security, but we were stopped from debating two full bills' worth of amendments on omnibus Bill C-69.

Why is it required at this point, on a bill that has much that is good in it, to stop this place from being able to have a full debate? It is anti-democratic.

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

Mr. Speaker, from the 41st Parliament, we have reams of quotes from Liberals regarding the use of time allocation by the then Conservative government. The quotes we have from the member for Winnipeg North would fill several pages.

What we have seen over the last couple of weeks is the government's use of time allocation and using the bare minimum, allocating five hours for debate on this legislation, on Bill C-69, which was done just before this, on Bill C-75, and on Bill C-76. The list goes on.

I have a simple question for the Minister of Public Safety. Given his party's record when it was the third party in the 41st Parliament, does he not feel the slightest bit of shame and contrition over the complete reversal of his position, now that he occupies that side of the House?

Bill C-69—Time Allocation Motion

[Catherine McKenna, Liberal, Ottawa Centre, ON]

Mr. Speaker, I am very pleased the member opposite cares so greatly about climate change. It is really unfortunate that the Conservative members of the environment committee voted to remove the consideration of the impact to our climate from Bill C-69. That might have been an oversight or a mistake. However, we know that unfortunately the Conservatives do not have a plan to tackle climate change. I do not know whether they all believe climate change is a problem or real. Nor do I think they understand the huge economic opportunity.

We understand that. We understand we need to be ensure we do right by our planet, that we tackle our emissions, but that we also have a plan to get our resources to market in a sustainable way. That is exactly what we are doing with Bill C-69. We certainly hope all parties will support it.

[Kerry Diotte, Conservative, Edmonton Griesbach, AB]

Mr. Speaker, the Canadian Energy Pipeline Association says that if Bill C-69 passes, no other major pipeline project will ever be built in Canada.

Now that we are the proud owners of a 65-year-old pipeline and that we would like to build another pipeline, how will the environment minister manage to get that built given this assessment?

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

Mr. Speaker, for the minister's recollection, I want to read a summary from 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. Notice that it does not say anything about a preamble.

The minister previously mentioned that the Liberals accepted an amendment to the preamble, which, as every member in the House knows, is non-binding. I again ask the Minister of Environment, given that the Liberals rejected every single amendment by the member for Edmonton Strathcona at committee to make sure that Bill C-69 would be in harmony with UNDRIP, will she revisit her position and at least be consistent with her vote last week and accept the member for Edmonton Strathcona's amendments to Bill C-69? I am talking about the bill before us now. Will she be consistent? Will all of the Liberals be consistent with the way they voted last week?

The first nations of Canada are watching the government.

[Catherine McKenna, Liberal, Ottawa Centre, ON]

Mr. Speaker, I was really pleased that the committee had time to do a thorough review of Bill C-69 and to make many thoughtful amendments. There were more than 80 witnesses and more than 100 submissions over a two-month review, and the quality of the amendments actually speaks to the rigour with which they were received. I am proud to say that our government supports the amendments.

We believe that this process is better for farmers. We believe the process is better for industry. We believe the process is better for indigenous peoples. We believe the process is better for folks who believe in science and making decisions based on evidence and facts. We believe, overall, that it will be a better process that will not only rebuild trust, but also ensure that good projects go ahead in a timely way.

[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.