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

[Scott Simms, Liberal, Coast of Bays—Central—Notre Dame, NL]

Mr. Speaker, I have a great amount of respect for my hon. colleague. However, there are a couple of minor things, minor to some and major to others, that I would like to bring up.

First, this is not particularly germane to the debate, but he talked about the surf clam issue. I was equally disappointed about the issue, to be quite honest. There was consultation beforehand. There was some interest in my riding, and people brought their issues forward. They were consulted with, and had contact.

I would like to touch on a second point, which is the fact that there were promises made and promises kept from a prior administration. The Conservatives promised custodial management of the nose and tail of the Grand Banks. The changes they made allowed foreigners to not only manage the outside, where they are now, but manage inside the 200-mile limit as well, an egregious mistake that some day we will pay for and try to make up for.

The member mentioned that in the past, under the Conservative regime, fishery stakeholders did meet with the minister. I would ask him to name one.

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

Mr. Speaker, I would like to correct the record. I have so much respect for my hon. colleague across the way. Perhaps he is now trying to ingratiate himself back into the good graces of the Prime Minister as he needs his papers signed, and that is why he has asked this question. Nobody else has asked that question or a question on this point.

I will answer his question on the surf clam issue. If he checks the record, he will find that I was not talking about consultation on the surf clam. I was talking about the minister's authority to arbitrarily take 25% of the quota and, I might add, award it to the brother of a sitting Liberal MP, the member of Parliament for Sackville—Preston—Chezzetcook, an egregious error and decision, all under the guise of reconciliation. We now know that the group he awarded it to had the lowest number of first nations people. How shameful is it that the Liberals are using the term “reconciliation”, which is supposed to bring first nations and non-first nations together rather than pit them against one another, as a reason for their ill will?

[The Assistant Deputy Speaker, Anthony Rota]

It being 4:40 p.m., pursuant to an order made on Wednesday, June 6, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the third reading stage of the bill now before the House.

The question is on the motion that this question be now put. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Assistant Deputy Speaker, Anthony Rota]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Assistant Deputy Speaker, Anthony Rota]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Assistant Deputy Speaker, Anthony Rota]

In my opinion the yeas have it.

And five or more members having risen:

[The Assistant Deputy Speaker, Anthony Rota]

Pursuant to order made Tuesday, May 29, 2018, the division stands deferred until Tuesday, June 19, 2018 at the expiry of the time provided for oral questions.

It is my duty pursuant to Standing Order 38 to inform the House that the question to be raised tonight at the time of adjournment is the following: the hon. member for Saskatoon West, Housing.

[For continuation of proceedings, see part B]

[Continuation of proceedings from part A]

The House resumed from June 18 consideration of the motion that Bill C-69, an act to enact the impact assessment act and the Canadian energy regulator act, to amend the Navigation Protection Act and to make consequential amendments to other acts, be read the third time and passed, and of the motion that this question be now put.

[The Speaker, Geoff Regan]

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

Call in the members.

(The House divided on the motion, which was agreed to on the following division:)

Vote #870

[The Speaker, Geoff Regan]

I declare the motion carried.

Pursuant to Standing Order 69.1, the first question is on part 1 regarding the impact assessment act, part 2 regarding the Canadian energy regulator act, the title, the preamble, the schedule, and all clauses in part 4, except clauses 85, 186, 187, and 195.

Is it the pleasure of the House to adopt these elements of the bill?