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

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, I agree with my colleague that this is a terrible bill that will certainly guarantee that no major projects ever get built. However, there is one good thing about the bill and that is the government talks about the need to protect people's navigable rights. The Sombra ferry in my riding has lost its navigable rights because the Coast Guard in its icebreaking operation crushed the border crossing causeway.

Would my colleague agree that it is the government's responsibility to restore the navigable rights to the Sombra ferry?

[Ted Falk, Conservative, Provencher, MB]

Mr. Speaker, the member's question raises a very important issue. The government has not taken up its corporate responsibility in fixing a port that was damaged by the federal government's vessels. This has created a lack of opportunity now and it will be ongoing for the next season for cross-border trade between Canada and the U.S. I am glad that the member has spoken up for her constituents and is concerned about economic activity, concerned about the businesses that are going to be facing extreme hardship because the government refuses to live up to its obligations.

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

Mr. Speaker, I would remind my hon. friend from Provencher that the State of Washington was allowed to intervene in the National Energy Board process relating to Kinder Morgan and we have on occasion international reasons that intervenors come from other jurisdictions. That is as it should be. What worries me about the bill is the time limits are even shorter and I do not know how much access intervenors will actually have, for instance, to be able to cross-examine witnesses.

I did want to take up with the member foreign influence over Canadian decisions. For me, nothing is more terrifying than the Canada-China investment treaty which in secret gives the People's Republic of China the right to challenge any decision, municipal, provincial, or federal. That was put through by the Harper cabinet in secret. I wonder if the member wants to comment.

[Ted Falk, Conservative, Provencher, MB]

Mr. Speaker, I always appreciate the member's deep concern for the environment and her thoughtful presentations. Her thoughtful question raises the whole issue of Chinese investment in Canada.

I want to point out that the government has a dismal track record when allowing the Chinese government to invest in Canadian companies, like Cedar Tree, for example. The rent payments of our seniors in British Columbia will now be going to fund a Chinese government. That is totally irresponsible. We have to be very careful that we do proper vetting of any opportunities we are going to consider of having Chinese investors here in Canada.

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

Mr. Speaker, later today the finance minister will present the 2018 budget. So far in their budgets, we have seen the Liberals run massive deficits, waste billions of dollars on pet projects, and rack up our national debt. Our growth here in Canada lags behind that of the United States. The member talked about the capital that is leaving not just Alberta and Saskatchewan but Canada. It is one thing for them to rack up the national debt when growth is dragging and yet capital is coming into Canada, investment is wanted in Canada, but that is not happening now. There is $15 billion of lost investment.

Could the member expand on that thought and the negative impacts this has on growing an economy?

[Ted Falk, Conservative, Provencher, MB]

Mr. Speaker, my colleague raised a very important issue of investment in Canada. Later on today we are going to see a budget presented by the Liberal government. It will be very interesting to see what kind of schemes the Liberals come up with.

I recently had a meeting with representatives from the Canadian Association of Petroleum Producers. They said that they are not looking at Canada as a place where they will park investment money. The uncertainty around the regulatory environment here is just too great for them to make that kind of commitment in Canada. This means that our resource-trained people who are experts in the field in resource development in oil and gas and mining will be out of work. They will be looking for work.

[The Speaker, Geoff Regan]

Hon. members, I was informed that there was a technical problem with the bells in the Confederation Building today, where no chimes were sounded. I understand that members nonetheless were able to make it to the chamber and vote.

If a vote needs to be called before the problem is resolved, I would ask members to take all necessary steps to make sure they are aware when votes are taking place.

I regret any inconvenience this may cause hon. members. I thank you for your continued co-operation and patience as we address the problem.

The House resumed 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 second time and referred to a committee.

[Jonathan Wilkinson, Liberal, Parliamentary Secretary to the Minister of Environment and Climate Change]

Mr. Speaker, the environment and the economy go hand in hand. We are going to implement better regulations to protect our environment, fish, and waterways. These regulations will help restore Canadians' confidence and ensure respect for indigenous rights. They will strengthen our economy and encourage investment.

Better regulations will help to protect the environment, ensure that good projects can move forward, and create new jobs and new economic opportunities for the middle class and those working hard to join it.

Better regulations for major projects, such as mining, pipeline, and hydroelectric projects, will help us protect the environment and communities, promote economic growth, and advance the reconciliation process with indigenous peoples.

Previous legislative and regulatory reforms undermined the public's confidence. They were implemented without any regard for science and put our environment, fish, waterways, and communities at risk.

We are working to correct the way we measure the potential impact of major projects, such as mining projects, pipeline projects, and hydroelectric projects. Better rules will help ensure that project reviews are timely and predictable, and will encourage investments in Canada's natural resources sectors.

The environment and the economy go hand in hand. Better rules will help restore trust and help the government better protect the environment. These rules will ensure that good projects can move forward responsibly, transparently, and in a timely manner. These better rules are the result of 14 months of consultation with the provinces, territories, indigenous peoples, businesses, environmental groups, and Canadians across the country.

Over the past 14 months, we have undertaken significant consultations and engagements. This started with the implementation of the interim principles to ensure additional public consultation, consultations with indigenous peoples, and appropriate assessment of greenhouse gas emission impacts. These were all included with respect to all ongoing projects. Then we conducted expert panels and parliamentary committee reviews, which then formed the discussion paper that the government released in the summer. We then conducted additional consultations, which further informed the legislation that was recently introduced into the House of Commons.

Consultations that took place over a period of 14 months with indigenous organizations, environmental organizations, with companies, and with interested Canadians were extensive and exhaustive.

Moving the bill to committee is now the next step in the process. We look forward to hearing from the committee and its further consultations that it will conduct. We are very open to refinements that would improve the legislation.

I am very proud to have been part of the development of this very important legislation. I would thus reiterate that for the government, and I know for Canadians generally, the environment and the economy can and must go hand in hand.

With the legislation, we are putting into place better rules to protect our environment, our fish, and waterways, rules that build public trust and respect indigenous rights, that strengthen our economy and encourage investment. These better rules will protect the environment and ensure that good projects go ahead. They will create new jobs and economic opportunities for the middle class and those working hard to join it.

A few key elements of the bill include the goal of one project, one review. We will streamline the process and coordinate with the provinces and territories to reduce red tape for companies and avoid duplicating efforts in reviewing proposed projects. We are making the process more predictable and more timely to clarify the process, to engage stakeholders effectively, and to identify potential issues with project proposals up front. These better rules will increase regulatory certainty and clarity, encouraging investment in Canada's natural resource sectors.

Our focus is also on better early planning, which will build trust, improve project design, and give companies certainty about what is expected of them in the review process.

Decisions on projects will be guided by scientific evidence and indigenous traditional knowledge. We will increase access to science and evidence, and make easy-to-understand summaries of decisions publicly available.

We will also create a new early engagement phase to ensure the recognition and respect of indigenous people's rights, working in partnership from the very start. We will ensure companies will know then what is required of them and that communities will have their voices heard from the start. There will be a single agency, the impact agency of Canada, which will lead all impact assessments for major projects to ensure the process is consistent and efficient. The agency will work with and draw on the expertise of other bodies like the Canadian energy regulator, currently the National Energy Board, the Canadian Nuclear Safety Commission, and the offshore boards. Projects will be held to a high standard, because that is what Canadians expect and that is what they deserve.

By recognizing indigenous rights and knowledge in project reviews and working in partnership from the start, we will advance Canada's commitment to reconciliation and to get better project decisions. We will work in partnership with indigenous peoples to ensure their involvement in studying project impacts from the start is recognized and accounted for. Indigenous peoples will have opportunities to participate in implementing new protections for navigation, for fish, and for fish habitat.

We will make project decisions in a transparent way and we will clearly communicate the reasons behind our decisions.

As I indicated, we will increase access to science and evidence, and make easy-to-understand summaries of decisions publicly available. Government scientists will review any studies provided by companies, and independent scientific reviews will be done where there is strong public concern or the results of a study are uncertain. The federal government's chief science adviser will periodically review the methods and integrity of science used in making decisions.

To ensure projects start with the best available science and evidence, we will be proactive in studying and providing information on the state of the environment across Canada. We will do regional and strategic assessments with provinces and territories, indigenous groups, and stakeholders to understand the environmental big picture. This will provide greater clarity for companies and help to inform decision-making.

With better rules for major projects, we can protect our environment and communities, and advance reconciliation with indigenous peoples. Previous reforms to environmental laws and regulations, particularly those brought forward by the Harper government in 2012, eroded public trust, disregarded science, and put our environment, fish, waterways, and communities at risk. We are fixing how we measure the potential impacts of major projects. Better rules will lead to more timely and predictable project reviews and will encourage investment in Canada's natural resource sectors.

The environment and the economy can and must go together. Better rules will restore confidence in the government's ability to protect the environment, all the while ensuring good projects can move ahead in a responsible, timely, and transparent way. These better rules are a product of 14 months of consultations with Canadians. They represent an important step forward to ensure that on a go-forward basis, we can be sure, and Canadians can be sure, the economy and environment will go together.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I note the parliamentary secretary has said that his government will be open to what he calls “refinements”. I am presuming that includes amendments.

Is the government going to allow for a very fulsome review by the committee, including travel, so all those who participated in their two-year consultation, including to the expert panels, have an opportunity to come forward and advise whether they feel this omnibus bill responds to what they have asked for?

[Jonathan Wilkinson, Liberal, North Vancouver, BC]

Mr. Speaker, we are moving this bill to the committee precisely so it can engage in robust discussion around the bill and invite witnesses to participate in that conversation. That is an important part of the process. We are very confident in the work that will come forward from the committee, which includes amendments. The committee has been a very thoughtful voice in the context of many of the conversations we have had with respect to environmental matters, and we look forward to receiving its report.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I thank the parliamentary secretary for his speech. I have a question for him about the process.

The government says that we will have a broader, more open, and more inclusive environmental assessment process that will start earlier than planned, from the early stages of consultations. Why then does the government's bill give more power to the minister to ignore the recommendations of the Canadian Environmental Protection Agency? If the government wants to be inclusive in the process and take the time to do things right, why is it imposing a parliamentary gag order and preventing us from having a debate in the House?

[Jonathan Wilkinson, Liberal, North Vancouver, BC]

Mr. Speaker, the legislation, as I said in my comments, is the product of extensive consultation over the course of the past 14 months, and reviews that included a number of different papers that were published by a number of different panels. As we move forward, we look forward to the comments the committee will bring forward.

The hon. member needs to look very seriously at the legislation, as I am sure he has done. The discretion provided to the minister is actually not more extensive. It is appropriate in the context of a parliamentary democratic system. However, there are significant measures to enhance transparency, to enhance the integrity of the science, and to enhance the ability of people to actually weigh in on the process to ensure that there is a robust process that goes into forming a decision, that any decisions that are ultimately taken are very much transparent, and that those decisions are publicly available for people to assess and determine whether they think the appropriate decision was taken.

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

Mr. Speaker, it is a habit of the Liberals, I have discovered, to reference the abundant consultation that has taken place as though that directed or influenced their decisions.

I consulted on this particular piece of legislation, which is three bills in one. Bill C-69 is an omnibus bill. I submitted every time a window opened for consultation, and I have looked at the submissions of others. Overwhelmingly, the government was told to repair the environmental assessment process and not to allow it to continue as it had been destroyed under Bill C-38 back in 2012.

In my question for the parliamentary secretary, I want to reference in particular the expert panel on environmental assessment, among many important pieces of advice received by the government. When it empanelled a group of experts and paid for them to travel the country and listen to people, I do not see how anyone could doubt that their recommendations should have had some influence. We have never even seen a report or a response from the minister to the expert panel report on EA, nor the expert panel report on the NEB, both of which one would think would have some reference in this omnibus bill, which deals with both.

Specifically to the parliamentary secretary, I would say that the expert panel on environmental assessment said clearly that whenever federal money was used, there should be a federal review. The expert panel on EA said there should be no role for the National Energy Board, the offshore petroleum boards, or the Canadian Nuclear Safety Commission.

However, the legislation before us today, Bill C-69, does not include a trigger when federal money is used. Although it pretends to have one agency, the impact assessment agency, whenever projects fall under the jurisdiction, for regulatory purposes, of what used to be the National Energy Board, the offshore petroleum boards, or the Canadian Nuclear Safety Commission, members of the panel must be selected from those agencies, which hardly takes them out of the process.

[Jonathan Wilkinson, Liberal, North Vancouver, BC]

Mr. Speaker, I appreciate the intervention by the hon. member, but she is just plain wrong.

The recommendations of the expert panel were actually responded to in a very fulsome way in the context of the legislation that was brought through. If the member reads through the recommendations of the expert panel, she would find that to be true.

Obviously, whenever there are expert panels, not everything is accepted. Many of the recommendations were taken out for further consultation. The vast majority of them actually were, in the end, incorporated into the legislation. Some elements were not, and there are obviously very specific reasons for that. If the hon. member wants to sit down and review those, that can certainly be arranged.

This is an enormous step forward, and most, virtually all, of the stakeholders we have talked to over the course of this would say that this is in fact the case.