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.

Motions in Amendment

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

Mr. Speaker, members will hear from this side of the House just how tragic and pathetic this piece of proposed legislation really is.

It is interesting, because the Liberals think they have found a balance. The NDP oppose it for some reasons and we oppose it for others, but typically the reason for the opposition is that it just gives way too much power to the minister, and has way too little transparency and accountability. Not only is this proposed legislation dangerous, and I use that word deliberately, but it is also going to have a very real impact on a large number of people across this country, particularly those who live in areas dependent on resource development.

The Liberals had an opportunity to smooth out the environmental assessment process with this bill, but instead they chose to do the complete opposite. I think there is an intent here to destroy the credibility of the existing EA process in Canada, because the Liberals do not actually want to see resource development carried out. Our Prime Minister will say one thing in Alberta, and as we saw earlier this spring, go to France two days later and apologize for not getting rid of the energy industry soon enough. Therefore, I believe there is an agenda here to complicate this process and to make it basically unmanageable. Then the reality will be that it will not be possible to put in place resource projects across this country. Investors are already basically laughing at Canada and walking away. We saw an article yesterday saying that investors no longer even bother considering Canada as an option to invest in. Therefore, the Liberals are getting their way. The NDP members are getting their way.

The problem with these big government initiatives and socialism, and those of us who live in Saskatchewan understand it, is that it takes a while for the pain to actually begin. It does not happen right away. It is not immediate, but it is profound and long-lasting. The bill before us will have a profoundly long-lasting and negative impact on Canada and our economy.

The bill before us, Bill C-69, is called 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. The main thing it would do is to set up a new impact assessment agency of Canada, replacing some other agencies. That agency will then be the lead on all federal reviews of major projects and would be expected, I guess, to work with other bodies on that.

However, realistically, what will happen here, because of the many things that are being thrown into this mix of what will be called an environmental assessment reality, is that these projects will just not get done. It is interesting, because the bill would add a number of things that need to be considered in an environmental assessment, and things that go far beyond the environment, but it would basically give anyone who has an objection to a project the right to claim there would be some impact on them and that they have a legitimate reason to have the project stopped.

I will talk a little about the process that would take place, because I think when Canadians see it, they will start to understand how disingenuous the government has been with this bill.

If we want to apply for a project, we need to go through an environmental assessment on most things. The Liberals have set up the proposed legislation so that, supposedly, there will be a planning phase of up to a maximum 180 days. This could then go in a couple of directions. It could go to a joint panel, or it could go back to the assessment agency, and there would be some timelines. However, there are a variety of tracks available for it to follow. It could end up at a review panel. The agency itself would oversee the smaller projects and then would have a full review of the larger projects. After a while, when that is done, the agency or panel would submit a recommendation and the minister would have 30 days to approve or reject it.

Well, that sounds pretty straightforward, until we start to look at the actual processes involved in this, and I want to go through three possible tracks. I will probably use most of my time doing this, but it would just point out to Canadians how bizarre this gets and how much interference the minister can play, as the NDP just pointed that out with their last questions.

The minister basically has authority at all levels over these things. The minister can make things go ahead or stop dead, and they can stay stopped if the minister and cabinet decide to do that.

First of all, I will talk about a decision that does not require a joint panel. It does not even require approval by cabinet. Under this proposed legislation, there would be a 180-day planning phase. This is something brand new that the government has thrown in here, which would already put a six-month delay or kind of stop on a project moving ahead. This could be extended by 90 days or it could be extended indefinitely by the minister if someone demanded that. There is no clarity around what that means.

Then there is a 300-day time limit for the impact assessment itself, almost a year, and no surprise, this can be extended by 90 days or indefinitely by cabinet. Timelines are thrown completely out. There is no certainty at all. Why would investors bother getting involved with something like this? And this is the simplest process of the few that are there.

Then there is a 30-day time limit after the minister and cabinet have already been involved at two different levels. It then comes to the minister and cabinet to make the decision. What kind of industry organization or business is going to come forward and put themselves through this when there is absolutely no certainty?

No surprise, that 30-day time limit can be extended by 90 days or it can be extended indefinitely. That is the simplest. A joint panel is not required. Approval by cabinet is not required. At all three levels of planning and working through the process, cabinet has authority to extend the deadline indefinitely or to whatever it chooses to extend it to. A joint panel is not required, and approval by cabinet is not required. Under Bill C-69 the total time should be about 570 days, almost a year and a half, but again, there are several opportunities to extend it.

It starts out again with that 180-day planning phase, which can be extended by 90 days or indefinitely by the minister or cabinet. Then there is a 300-day time limit for the impact assessment itself. The proponent has to get this all done in 300 days, considering all of the different factors that the government has thrown into Bill C-69, and this can be extended by 90 days or indefinitely by the minister or cabinet. Then there is a 90-day limit for cabinet to make a decision and again, this can be extended by 90 days or indefinitely by cabinet.

Those are two tracks.

The third one is a decision that requires a joint panel with a cabinet decision. The time frame on this one is set at 835 days, well over two years, with at least one opportunity to extend it. There are 10 days to start a 45-day screening process, once the decision has been made that this has to go through a joint panel. Then there is 60 days from notice to referring the assessment to the panel. Then there is 24 months from the referral when a decision statement must be issued. This can be extended 90 days by the minister, or indefinitely by cabinet. That actually was the case in the past under the CEAA 2012 method, but under Bill C-69 it would go from that 800 days to 915 days, and there are six opportunities in the bill to extend it.

There is a 180-day planning phase and a 45-day window for the minister to refer an assessment to a panel, and there is no timeline for establishing a panel at all. The panel has to submit a report to the minister within 600 days, another two years down the road, and this can be extended by the minister until anything the panel prescribes is completed, or by 90 days. Cabinet can extend it indefinitely again, and then there is another 90-day timeline for cabinet.

This assessment process that the government has thrown into the bill is basically a game. It is a game that cabinet can play with anybody who wants to apply for a project in Canada.

It is no surprise, as I mentioned before, that people are looking at other places to invest. They are investing in other countries. The Americans right now are making it very clear that they want to become the world's largest energy producer and exporter. They are eating our lunch right now. They are doing things: they are lowering taxes, they are easing the regulatory burden on people, and they are not imposing a massive carbon tax that will raise the price of everything. It is no surprise that money is moving out of Canada and into the United States.

The latest version of that is the Liberal government's decision to pay $5 billion to a Texas-based company to buy a used pipeline, which is going to take another $8 billion to $10 billion at least, and probably more, knowing this government is involved. That money will be given to this project when the proponent initially did not ask for any money.

It is unfortunate that the Liberals do not keep their promises. This is one more that has been broken. They have not fulfilled their commitments. This entire piece of legislation is just meant to hamper the industry's capacity to be able to do resource development in this country. I am sorry it has even come forward. I wish it were set aside. If this legislation is passed, it will not be a good thing for this country.

[Robert Aubin, NDP, Trois-Rivières, QC]

Mr. Speaker, I thank my colleague for his remarks. I will admit that I share some of the views he put forward in his speech. However, I think he overlooked the biggest snag, and that is what I would like to hear him talk about in the next few minutes.

Even though the bill allows BAPE to conduct a certain number of environmental assessments and make use of its expertise, the biggest snag in Bill C-69 is the fact that the minister ultimately gets to decide, with the stroke of a pen, whether to proceed, or not proceed, with the recommendations made to her, regardless of who made them.

Would my colleague not agree that the major snag in Bill C-69 is the enormous powers it gives to the Minister of Environment and Climate Change?

[Xavier Barsalou-Duval, Bloc, Pierre-Boucher—Les Patriotes—Verchères, QC]

Mr. Speaker, my intention in bringing up cell towers was to give an example of a case where the federal government is disregarding both provincial laws and municipal bylaws. Urban planning is a municipal responsibility, and cities should be able to decide where towers should be installed. There is an important question in all this with regard to urban development and landscape integration. However, that goes beyond Bill C-69. In my opinion, the important thing is for the bill to respect areas of provincial jurisdiction and comply with municipal bylaws. The example of cell towers illustrates the federal government's tendency to disregard municipal bylaws and provincial laws. If we want good collaboration and well-run projects in the future, it is essential that the federal government get in the habit of complying with these provincial laws, since they are perfectly valid, having been passed by elected officials like us. These laws were passed for the benefit of the people. Furthermore, provincial elected representatives are often closer to their constituents than their federal counterparts, since Ottawa is quite far away for many people.

[Xavier Barsalou-Duval, Bloc, Pierre-Boucher—Les Patriotes—Verchères, QC]

Madam Speaker, I thank you for giving me the opportunity to speak to Bill C-69. I also thank my colleague for sharing her time with me and allowing me to have a few minutes to speak about this important bill today.

This is an important bill that will have a significant impact on Quebec. This is not just a bill about the environment; it is also a bill that creates a problem as to how it will be enforced by provincial jurisdictions. I am particularly concerned about the Quebec government's jurisdiction, and that is the main point I want to make in my speech today.

Nothing at the core of Bill C-69 says that the agency has the power to enter into agreements with the provinces to delegate environmental assessments to the provinces. In Quebec, we already have the Bureau d'audiences publiques en environnement, or BAPE, which has considerable expertise and has never been contradicted. There have never been any scandals surrounding its independence or its reports, unlike various federal institutions, such as the NEB, where there have been many problems recently,especially regarding the independence of the board members. Doubt surrounding the independence of the board members can cast doubt on the findings, if there is not a proper process is in place.

Unlike the federal process, so far the process in Quebec has virtually always been respected and considered valid and credible. I think it is important to rely on credible institutions whenever possible, especially in Quebec.

It is obvious to me that Bill C-69 should let the agency delegate its environmental assessment authority to institutions under provincial jurisdiction. These institutions are often much more knowledgeable about their territory. We know that, in Quebec, BAPE conducts such assessments. Its employees have acquired a certain expertise over the years.

This bill will create a new institution with new people and with practices that have yet to be established. A new culture and new expertise will have to be developed, even though that already exists within the Quebec government. It is important to build on a solid foundation, and to rely on the people already in place and their knowledge of the area, because they are closer to the people of Quebec.

There is a major element in C-69 that is problematic. It allows the federal government to disregard provincial jurisdictions and to make decisions about what it wants, how it wants it, and when it wants it. Provincial legislation and municipal bylaws are not important. They are not taken into consideration.

This creates some big problems. Take, for example, how technology has evolved in our ridings. That may not be directly related to the environment, but there is an interesting parallel. Cell towers are being put up in our ridings, for Internet and all kinds of data transmissions that fall under federal jurisdiction. In many municipalities, these towers are being put up anywhere, in the middle of public parks, and sometimes in front of houses. This destroys the landscape, sometimes in heritage areas, even. The federal government does not work with the communities at all. Take the much-discussed issue of mailboxes, for example. Members will recall when Montreal mayor Denis Coderre infamously destroyed a mailbox. I am not condoning his actions, but I think it was an important symbolic gesture showing the federal government's failure to listen to the provinces and municipalities. When the federal government itself does not need to comply with our laws and regulations, it is even easier to completely ignore them.

Obviously, respect for the Government of Quebec's areas of jurisdiction, including on environmental matters, should be incorporated into Bill C-69. The Government of Quebec already has jurisdiction over the environment and that must be enforced. The Government of Quebec has to be able to enforce its own laws, its own rules, and be master within its own jurisdiction. If the federal government interferes all the time, it indirectly prevents Quebec from doing its job.

Bill C-69 has a lot of room for improvement in that regard. This is such a fundamental issue that the government should act in good faith, allow these changes, and abide by them. I hope all other members of the House will support us on this. Many individuals and environmental groups in Quebec share this vision.

We have seen instances of the provinces' rights not being respected, and we are about to see it again with the government imposing the Kinder Morgan pipeline on British Columbia in violation of the province's jurisdiction and the rights of the people who live along the pipeline route. When the government does not listen to the people, they see that as an injustice. A government that inflicts such an injustice loses legitimacy in their eyes, and that makes people cynical.

A government that wants to avoid cynicism must respect our institutions. There is not just one institution that matters. The government has to listen to other legitimate governments' institutions, which are just as important. To forestall intergovernmental strife, the feds must at the very least respect those institutions, but that is something the federal government does not often do.

That is one of the reasons why we in the Bloc Québécois believe that Quebec should be a country. This habit is so ingrained in this government that it can barely even function because of its arrogance and attitude of superiority. Ottawa knows best. It is always Ottawa that decides what happens and, at the end of the day, our laws and our interests are trampled on. This has to change. By amending Bill C-69, Ottawa could reach out to the provinces and try to come up with an agreement that is a little better, despite the circumstances. In short, Ottawa must respect Quebec's laws and the Bureau d'audiences publiques sur l'environnement, which is pretty important.

In addition, the bill provides no guarantee that any public hearings will be held on major projects. Public hearings are important, because they give members of the public a chance to have their say on a project. When the public does not have a chance to do so, it is much harder to adapt the project and determine what the public really wants. It is much harder to sell a project when you do not seek public opinion, even if that opinion is positive. Public consultations are fundamental to any major project and, once again, they are not even mentioned in this bill.

There are no parameters for appointing the commissioners. That is a major problem because it is the Minister of the Environment who has the power to appoint the commissioners of the future agency. We end up with the same problem that we had with the National Energy Board where the government appoints agency employees who are accountable to the person who appointed them and who sometimes have special interests.

The current bill still does not address the possibility of appointing people from industry. Obviously appointing a pipeline promoter to assess a pipeline will not work because he clearly wants the pipeline built. That is his job. Similarly, if we ask a real estate agent whether the housing market is overheated, he will always say it is not, because he wants to sell houses and get a better commission. I think this leaves room for conflicts of interest and conflicts of vision.

It is therefore important to regulate the process for appointing commissioners and appointing independent commissioners rather than having commissioners appointed by the minister who are accountable to her. We know this creates major problems with regard to perception and independence, which results in a process that does not work.

For all those reasons, we will oppose Bill C-69. It is also important to consult first nations since they too have a right of oversight and should have their say.

[Kim Rudd, Liberal, Northumberland—Peterborough South, ON]

Madam Speaker, the hon. member's question allows me to say that as we are speaking right now, the Prime Minister is in B.C. speaking to the Indigenous Advisory and Monitoring Committee, which the member may remember is the first of its kind in Canada. This is a monitoring committee for the life cycle of the TMX project, with $64 million to support it through that process. In response to the question of the member opposite, it is really important to remember that when we look at the scope of projects that are going through Bill C-69, the indigenous engagement piece and consideration of indigenous and traditional knowledge are a key element of this bill.

[Churence Rogers, Liberal, Bonavista—Burin—Trinity, NL]

Thank you, Madam Chair.

Thank you again, Minister, for being here. We appreciate the fact that you are able to sit in front of our committee and take questions. I know you have a busy schedule, so I'll get to a couple of points I want to make and then ask you a couple of questions.

We know the Conservatives don't care for opinions that are different from theirs. That's why they refused to hold committee meetings on the 2012 changes to the environmental assessment process. Indeed, they even tried to remove the important role of the Canada-Newfoundland and Labrador Offshore Petroleum Board from the review panel process in the Bill C-69 review. This was attempted despite massive objections from Newfoundlanders and Labradorians and the experts. It was quite shocking to people involved in the oil and gas industry in Newfoundland and Labrador.

We also know that prior to tabling Bill C-69, unlike the Conservatives with the 2012 changes, you engaged with stakeholders from a variety of sectors and perspectives for over a year. We know that you were engaged thoroughly with industry throughout the entire process, and the same can be said for our other environmental initiatives. Can you comment on the robust consultation processes that went into designing Bill C-69 and how they've been designed in consultation with industry?

Could you also comment on how the competitiveness of Canadian industry goes into designing the programs and initiatives under your purview?

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Madam Speaker, multiple times in the member's speech she used the phrases “predictable, timely project reviews” and “provide certainty” as to how projects can proceed. However, in Bill C-69, the entire approval process could take 915 days, plus there are six opportunities to extend that. There would be a 180-day planning phase, which could be extended by 90 days by the minister or indefinitely by cabinet. There would be a 45-day window for the minister to refer assessment to a panel, and this could be suspended indefinitely. There is no timeline for establishing a panel, and the panel would have to submit a report to the minister within 600 days of the establishment of the panel. This could be extended by the minister until the prescribed activities are completed, and, again, it could be extended indefinitely by cabinet. There would also be a 90-day timeline for cabinet to make a decision, and this could be extended by 90 days by the minister or indefinitely by cabinet.

My question is simple. Multiple times the member used the terms “predictability”, “timely project reviews”, and “provides certainty”. How can that be possible with the extended timelines I just referred to?

[Kim Rudd, Liberal, Parliamentary Secretary to the Minister of Natural Resources]

Madam Speaker, I am pleased to speak today in support of Bill C-69.

Our government recognizes that national resource sectors are a vital part of Canada's economy. Over $500 billion in major resource projects are planned across Canada over the next decade. Those projects have the potential to create tens of thousands of well-paying jobs to support our communities and to contribute to our economy as a whole.

We have committed to regain public trust and get Canada's resources to market and to ensure those resources are developed in a responsible and sustainable way. Bill C-69 would put in place better rules that would provide predictable, timely project reviews and encourage investments. At the same time, it would ensure our environment would be protected and we could meet our commitments to reduce carbon emissions and transition to a clean growth economy.

Today, I will speak about how Bill C-69 would provide certainty for proponents and would help ensure good projects could go ahead, specifically, how it would contribute to more timely reviews and clearer requirements for companies; how it would reduce duplication and red tape by achieving our goal of one project, one review; and how it would provide a clear process and rules for transitioning to the new impact assessment system.

Throughout our extensive engagement with companies and industry groups across Canada, we heard they needed predictable, timely review processes to develop resources and get them to market. We listened, and that is exactly what the bill would provide.

Under the proposed legislation, one agency, the new impact assessment agency of Canada, will lead all major projects reviews, working closely with regulatory bodies. With one agency as the federal lead, reviews will be more consistent and indeed more predictable. A revised project list will define the types of projects that will be subject to impact assessments, providing the certainty that companies need and expect.

Our government is consulting with Canadians now to ensure the project list is robust and includes effective criteria such as environmental objectives and standards for clean air, water, and climate change. Through a new early planning and engagement phase, companies will be able to identify and address issues early in the process before an impact assessment begins. Early planning will result in tailored impact statement guidelines, a co-operation plan, an indigenous engagement and partnership plan, public participation plan, and, if required, a permitting plan.

The details of these early planning products will be further articulated in the information requirements and time management regulations. We are consulting on these now and they will come into force concurrently with the IAA. This early planning stage will define requirements and clarify expectations so companies know what is expected of them and when.

This new phase will help them design and plan their projects and more effectively engage indigenous peoples, stakeholders, and local communities. Amendments proposed by the Standing Committee on Environment and Sustainable Development will also enable the Minister of Environment and Climate Change to inform companies early on if a project is likely to have negative impacts, giving proponents an earlier opportunity to decide to continue with an impact assessment.

Bill C-69 would also put in place stricter timeline management for impact assessments, with fewer stops of the clock. Specifically, timelines for agency-led reviews would be reduced from 365 days to 300 days. Panel reviews would be shortened from 720 days to a maximum of 600 days. In addition, panel reviews for designated projects reviewed in collaboration with a federal life cycle regulator would be shortened to 300 days, with the option to allow the minister to set the timeline up to a maximum of 600 days if warranted based on the project's complexity. Timelines for non-designated projects reviewed by life cycle regulators would be shortened from 450 days to 300 days.

The regulations I mentioned earlier would also establish clear rules around when timelines could be paused. In addition, proposed amendments provide for a 45-day timeline for establishing a review panel. Together, these measures will result in more timely decisions and more certainty for proponents.

Companies will also know in advance what will be considered during reviews and what factors will guide decision-making. Reviews will take into account not just environmental impacts, but social, economic, and health effects, along with impacts on indigenous peoples and their rights.

Recognizing that not all project effects are negative, the bill would ensure that both positive and negative impacts would be considered. Amendments clarify that the government's public interest decision will be based on the assessment report and the consideration of specific factors.

The bill would also provide strong transparency measures so proponents would be informed about key decisions, as well as the reasons behind them. That includes, for example, decisions to extend the timeline for a review or to refer a final decision on a project to cabinet. Also, when final decisions are made on whether a project will go ahead, the proponent will be informed of the reasons why and will be assured that all factors were appropriately considered.

I want to note that in considering Bill C-69, the Standing Committee on Environment and Sustainable Development heard testimony from a number of companies and industry groups. There were suggestions for improving the bill, and I want to recognize the committee for listening to that feedback and responding.

As reported back to the House, Bill C-69 now includes stronger transparency provisions that would benefit proponents and provide more certainty and consistency across the legislation. Amendments would improve transparency by requiring 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 would also require that public comments provided during the public reviews would be made available online. That information posted online would also need to be maintained so it could be accessed over time.

I would like to talk now about how Bill C-69 would achieve our government's goal of one project, one review. By providing for joint reviews and substitution, where a process led by another jurisdiction fulfills the requirement for a federal review, it would promote co-operation with provinces and territories, reduce red tape, and prevent duplication. In addition, we would be increasing opportunities for partnership with indigenous peoples and for indigenous governing bodies to take on key responsibilities, including taking the lead on projects.

I commend the standing committee for further advancing our objective of one project, one review. As a result of its work, integrated review panels with federal regulators can now include other jurisdictions, making it possible to have just one assessment that meets all requirements. This is important for investor certainty. This change responds directly to testimony made before the committee and what our government has heard from industry stakeholders. It supports our goal of certainty and timelines in review processes.

Finally, we have also heard how important it is for Bill C-69 to support a smooth transition between the current assessment regime and the new regime. Our government recognizes that this transition needs to be clear and predictable to encourage investment and keep good projects moving forward. We have also committed that no project will have to return to the beginning of the process. This legislation fulfills that promise. Under Bill C-69, projects would continue under the current rules where the assessment would already be under way.

Thanks to the work of the standing committee, the transition process in now even clearer. Amendments would increase predictability by confirming how the transition to the new review process would work, with objective criteria to identify projects that would continue to be reviewed un CEAA 2012, giving companies the option to opt in to the new process and confirming that no one would go back to the starting line.

We know that many companies are already adopting best practices that are in line with this legislation. Should they choose to opt in, we will provide advice and support to help them transition smoothly to the new requirement.

Bill C-69 is designed to help good projects move forward, not stop them. Our government is committed to developing Canada's natural resources in a sustainable and environmentally supportive way.

[Catherine McKenna, Liberal, Ottawa Centre, ON]

Argentina has extended this invitation, which we are in the process of reviewing.

I think it's important for everyone to work together, because it's not an easy file. We have taken the leadership. We do more than just consult, as we saw with the Bill C-69: we listen to people, and we move bills forward.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Madam Speaker, I share the initial comments of my colleague for Saanich—Gulf Islands. We have both been involved in trying to strengthen federal, provincial, territorial, and international environmental law for many decades.

The very reason I ran for office was because of my fear that the Harper government would do exactly what it eventually did when it got a majority government, and that was to shred all federal environmental law that I had worked with many other Canadians to strengthen during my 40 years as an environmental lawyer, both within the federal government and in a non-governmental organization. I was very instrumental in achieving the famous Supreme Court of Canada case, Friends of the Oldman, where the court ruled that the environment was shared federal-provincial jurisdiction, and as a result of that, we got strengthened enforcement of federal environmental laws through co-operation between both orders of government.

As my colleague just said, in the 2015 election, the Prime Minister campaigned repeatedly with promises that if elected, he would immediately restore a strengthened federal environmental assessment process. He made the commitment that he would not approve any projects without first enacting that strengthened assessment process to ensure that decisions were based on science, facts, and evidence, and would serve the public interest. The Liberal election platform promised robust oversight and that any involvement of political interference in approving projects would be removed. The Liberals also promised to ensure that the rights of indigenous peoples would be upheld, and to review and restore protections lost under the previous Conservative government, including clear rights of the public to fully participate in reviews.

Canadians actually believed the promises they were given that the previous strong federal environmental assessment and protection laws would be restored immediately if there was a Liberal government. Many voted based on those promises.

The government also promised an open, transparent, and participatory government. As my colleague from the Conservative Party mentioned, so much for that promise of participation in the review of this omnibus bill.

How well would Bill C-69 deliver on these Liberal promises? Well, we have two main concerns: one is over the process by which the bill has come before the government and been reviewed, and the second is in what the bill offers.

Our foremost concern has been the perverse and undemocratic process that the Liberals imposed for the review of the bill, and the delay in enacting this law. As the parliamentary secretary just reminded us, Bill C-69 was long overdue. For Canadians who had great anticipation, finally—finally—the government has delivered on its promise, almost into the third year of its mandate.

The government continues to approve resource projects by relying on the Harper-eviscerated review process. Examples include the Kinder Morgan pipeline, the Petronas LNG facility, and the Site C dam. We were advised at committee by the assessment agency that there are many projects in the hopper that will continue under the eviscerated Harper assessment law, even if and when the bill before us is passed, so that legacy will last for some time because of the delay in bringing forward this legislation.

Where are we at with the enactment of a strengthened impact assessment process and the reinvention of the National Energy Board?

The government expended millions of dollars on two expert panels on these two subjects. Despite broad efforts at consultation, many of the key findings and recommendations have been discarded by this government.

This year, the government tabled Bill C-69, an omnibus bill of over 800 clauses, encompassing changes to three critical laws: the federal assessment of projects, establishing a new energy regulator, and a revised law on navigable waters. After waiting two and a half years, the Liberals finally tabled this law. They then imposed time allocation on debate of this massive omnibus bill. They refused our very sensible request to divide the bill and send the three parts to three separate committees. As my colleague for Saanich—Gulf Islands noted, logically the bill would have been divided into three parts and gone to the appropriate committees.

The transport committee had already reviewed the navigable waters law and made a number of recommendations. My colleague provided a very wise dissenting report to in fact deliver the strengths and protections the Liberals had promised. That could have allowed a timely and focused review of each part of the bill by the three respective committees, but no—the Liberals chose to send it all to one committee, our environment committee. Then they imposed a timeline for the review of this massive bill. Of course, it is a Liberal majority committee, so it agreed to this time restriction.

The committee then refused my request to travel to at least Alberta and B.C., over a two-day period, to hear from those communities and industries that would be most impacted by this bill. The committee said it was too expensive, that committees never travel to review bills, and it rejected that idea.

The committee severely reduced the witness list. As mentioned, we had two expert panels that travelled extensively. We had a list of the people who wanted to be consulted and who all wanted to be heard on this bill. The committee said we did not have time to hear from those people and substantially reduced that list.

It then said that people could submit a brief, but guess what? We were required to submit any amendments to this bill before we even received those briefs. Over 100 briefs recommending amendments to this bill were received after the deadline to submit amendments.

I still managed to submit over 100 amendments. I could have submitted more. They were all based on what indigenous Canadians, industry, municipalities, lawyers, and the expert panels had recommended. Over 300 were submitted by the opposition. Every last one of my amendments was voted down, regardless of where they came from and regardless of the strong recommendations from even the government's expert panel.

The government itself tabled more than 100 amendments. Is that maybe an indication that the bill was drafted in haste?

Only very few of the opposition amendments were accepted. One amendment on scientific integrity that both my colleague from Saanich—Gulf Islands and I had tabled was accepted. The Liberals reluctantly agreed to include a change to the bill to require scientific integrity, not by the proponent, but at least by the government.

Madam Speaker, as you are aware, because you read all the amendments today in this place, we tabled additional amendments at report stage to strengthen the bill and to make it reflect what Canadians have called for. We are ever hopeful that the government will accept some of those amendments.

What about the substance of the bill? Were substantive changes made to deliver on the promises by the government to restore credibility for federal assessment? Given the way the law is drafted, it is very difficult to say. Why is that? It is because it is rife with discretion. One of the intervenors listed endless lists of discretionary triggers. We have not even seen the project list, so no one, including potential proponents, has any idea what this bill will apply to. The government could simply defer to provinces and let them do the review. There is no prescribed duty to extend rights to the public to fully participate—to table evidence, to cross-examine, and so forth. That was one of the big issues of contention on the Kinder Morgan pipeline and energy east. This bill does not extend clear rights.

A big one was that the Liberals refused to prescribe the UNDRIP, yet in this place they voted for the bill brought forward by my colleague to incorporate the UNDRIP. The Minister of Justice has promised that, going forward, every federal law will incorporate those rights accorded under the UNDRIP. However, they did not do that, so there we are: not respecting the UNDRIP, not extending clear rights to the public to participate, with no real demand for sound science, not even a specific reference to the 2030 sustainable development goals, and the problems go on and on. We just voted in this place on a bill that does not even address those measures.

In closing, I regrettably would have to say that it is impossible for me to support this bill. We had great hope. There were huge promises that the government would restore a strong environmental law assessment process. However, it failed, which is very sad.

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

Madam Speaker, I thank my colleague for his comment. I wholeheartedly agree with him.

It is clear that this part of omnibus Bill C-69 gives more discretionary powers to the environment minister. The proposed amendments make improvements in that they seek to guide the minister's decisions, but the fact remains that this bill gives the minister more powers and does not reinstate the regulations or the transparent process that were in place before Mr. Harper's changes.

[Robert Aubin, NDP, Trois-Rivières, QC]

Madam Speaker, I thank my colleague from Saanich—Gulf Islands for her remarks, which are always relevant. She summarized a lot of history in 10 minutes, and that was greatly appreciated.

I was wondering whether she saw another similarity between the previous Conservative government and the Liberals, specifically their habit of giving more and more power to ministers in their bills. That is what Liberals are doing in Bill C-69, which already proposes an inadequate solution that the environment minister can get out of when she sees fit.

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

Thank you, Madam Chair.

This is the first time I've been in a committee meeting with so much partisanship from the minister and the members of the Liberal Party.

I find it very unfortunate to hear the minister say that the Conservatives did nothing, that they wasted their time, and that they acted in bad faith. I do not accept this comment. Furthermore, since the minister had a number of problems managing her schedule, we had to run after her and insist that she come to testify. She has wasted our time.

It is completely false to say that the Conservatives wake up every morning looking for ways to destroy the planet. The Liberals and the Minister of Environment and Climate Change are constantly telling us that we did nothing. That's completely false, and here's the proof: We set the greenhouse gas reduction targets, and the Liberals used them thereafter. They presented these targets in Paris. Where is the government's consistency? This isn't reassuring, Madam Chair.

It's World Environment Day today, and I'm glad about it. Let's work together for the environment. That is what the members of this committee have always done.

Since we're on the topic of Bill C-69, I will say this: The Liberal Party has tabled 100 amendments. You think you've done your job well, but I feel that the committee has done its work rigorously. As for your work, that's another story.

You say that pollution costs $5 billion per year. In my opinion, it's important for us to meet with you and ask you questions on the budget. So, my question is the following: Environment and Climate Change Canada got $528.6 million more in the budget. Is this amount enough for you to reach your objectives?

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

Madam Speaker, I rise this morning to speak of a really terrible tragedy, which is the destruction of environmental law in this country, how it was done in 2012, and how the current government, despite promises, has failed to repair the damage. I do not enjoy watching a government make mistakes, even if they cost them it in the next election. I do not enjoy saying that the Prime Minister made a promise and now has broken another promise.

It is tragic because we could do better and we used to do better. I will briefly cover the history of environmental assessment in this country and why this bill is not acceptable as it currently stands. It could be made acceptable by accepting a lot of the amendments, particularly those put forward by the member for Edmonton Strathcona and by me. This bill is an omnibus bill that attempts to repair the damage, but first let us look at what was damaged.

Starting back in the early 1970s, the federal Government of Canada embarked on a commitment to environmental assessment. We were late, later than the U.S. government under Richard Nixon, which brought in something called the National Environmental Policy Act, which remains to this day far superior to Canadian law on environmental review.

By fluke, I actually participated in the very first panel review of environmental assessment in Canada in 1976. When I walked into the high school gym in Baddeck, Nova Scotia, I had no idea that it was the first time there had been a public panel review of a project, but the Wreck Cove hydroelectric plant on Cape Breton Island was the first. I participated in environmental reviews thereafter as a senior policy adviser to the federal minister of environment from 1986 to 1988.

I worked with the Canadian Environmental Assessment Agency and its then head, the late Ray Robinson, on getting permission to take the guidelines order, which was a cabinet order for environmental review, and to strengthen it by creating an environmental law, the Canadian Environmental Assessment Act, which was brought in under former prime minister Brian Mulroney and received royal assent under former prime minister Jean Chrétien.

That bill made it very clear, as did the previous guidelines order from 1973 onwards, that any time federal jurisdiction was affected, the government had an obligation to do an environmental review. Since the early guidelines order of the 1970s, federal jurisdiction was described as federal money, federal land. Any time federal jurisdiction, which over time was narrowed down to decisions made by federal ministers under certain bills, or any of those triggers were set off, there had to be at least a cursory screening of the projects. That was the state of environmental law, with many improvements, from the early 1970s until 2012.

The previous government, under Stephen Harper, brought in amendments in 2010. I certainly know that the committee heard from industry witnesses, the Mining Association of Canada in particular, that it thought everything was just about perfect in 2010. There was an attempt to avoid duplication, there was one project one assessment, early screening, and comprehensive study. Everybody knew what was happening.

Then in the spring of 2012, the previous government brought in Bill C-38. It was an omnibus bill. It changed 70 different laws in over 430 pages. When the Conservatives complain of lack of consultation on this one, they are right. However, they are in a glass house, and anyone who fought Bill C-38 has a huge pile of stones, because there was no consultation. We did not have briefings and the government did not accept a single amendment between first reading and royal assent. That bill repealed the Canadian Environmental Assessment Act brought in under former prime minister Brian Mulroney, and it devastated the prospect of any environmental review in this country when federal jurisdiction was impacted, unless it was a big project on a short list. That is the easiest way for me to explain what happened.

The Conservatives changed the triggers by eliminating federal land, federal money, and federal jurisdiction. They just said that if it were a big project, and this is their short list, then they would do a review, but would exclude most of the public and keep the review fast. This was a Harper invention, and it was really diabolical to say that when it were an environmental assessment of a pipeline, the Environmental Assessment Agency would not run it, but the National Energy Board; that when it were an environmental assessment of a nuclear project, it would be run by the Canadian Nuclear Safety Commission; and that if it were an environmental assessment of drilling on the offshore in Atlantic Canada and off Newfoundland, it would be the Canada-Newfoundland Labrador Offshore Petroleum Board, and if it were off Nova Scotia, it would be the Canada-Nova Scotia Offshore Petroleum Board. This collective, which I will now refer to as the “energy regulators”, had never played a role in environmental assessment before. They are part of what was broken in Bill C-38.

My hon. friend from Lakeland wants to know why the Kinder Morgan mess is such a mess. It goes back to that assessment being handed to an agency not competent to do it, and giving it very short timelines, which forced Kinder Morgan to say that it could no longer respect procedural fairness even for the few intervenors it let in the door because of the timeline. The attitude was that we have cut out cross-examination of expert witnesses; we have to move this thing fast; we are just going to barrel through and ignore most of the evidence because of the short timeline. The mess that this country is in right now over Kinder Morgan can be layed directly at the door of Bill C-38 in the spring of 2012.

This legislation should have repaired all of that damage. That was a promise in the Liberal platform and the commitment in the mandate letter to ministers. What do we have now? We have an omnibus bill that deals with the impact assessment piece, that deals with the National Energy Board, to be renamed the Canadian energy regulator, and deals with the disaster that happened in Bill C-45 in the fall of 2012 when the government of the day gutted the Navigable Waters Protection Act.

These three pieces of legislation are fundamental to environmental law in this country and to energy policy, and they all need fixing, but should not be fixed in one omnibus bill.

I completely agree with the member for Lakeland that this legislation was forced through committee, but it was forced through the wrong committee. The environmental assessment piece should have gone to the environment committee. The NEB/Canadian energy regulator piece should have gone to natural resources committee. The Navigable Waters Protection Act piece should have gone to transport committee.

The omnibus bill in front of us, Bill C-69, has been inadequately studied despite heroic efforts by the chair of the environment and sustainable development committee. She did a great job. The government committee members worked really hard to improve the bill, but no members had enough time. We had a deadline. A hammer fell at 9 o'clock at night on the last chance to look at it. By 12:30 in the morning, most of the amendments that were accepted were never debated at committee, much less adequately studied. It is a tragedy.

Here is how “Harper-think” has survived and owns Bill C-69 in terms of environmental assessment. We have not restored the triggers. Federal funding of a project no longer triggers an environmental review, full stop. Federal lands still do, but federal jurisdiction decisions made by the Minister of Fisheries on the Fisheries Act do not trigger an environmental assessment. Decisions made by the Minister of Transport under the Navigable Waters Act do not trigger an environmental assessment. It will again be on the short list of big projects that we have still not seen because it is under consultation. The triggers are inadequate.

The scope of the reviews will move from there being about 4,000 to 5,000 projects a year being at least given a cursory review in the pre-2012 period to the current situation bequeathed to us by former prime minister Stephen Harper of a couple of dozen a year.

I should mention that there were two expert panels, one on the NEB and one on environmental assessment. Huge consultations were carried out. The speeches by the Liberals will probably reference the enormous level of consultation that took place before this legislation came out. It needs to be said on the record that the advice of the expert panels was ignored in both cases.

In terms of environmental assessment, what was ignored was the call to go back to the same triggers we have had since 1974: federal land, federal money, federal jurisdiction. The Liberals did not pay attention to that recommendation. They claim to have taken into account the recommendation that it be a single agency, but the bill says that when the impact assessment agency sets out a panel review in the case of a pipeline, the members of the Canadian energy regulator, which was the NEB, have to be on that panel.

More egregiously, despite the amendments accepted in committee, the government has rejected the one that says if it is the Canada-Nova Scotia Offshore Petroleum Board or the Canada-Newfoundland and Labrador Offshore Petroleum, board member of the panel can also sit as chairs. Only in those two instances were the amendments accepted at committee rejected by the government, and those boards were created by statute with the mandate to expand offshore oil and gas.

This bill is so bad that after decades of fighting for environmental assessment, I have to vote against it. That is why it is tragic. I would like to break down right now and weep for the loss of decades of experience. We know better than this.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, when I make an overall assessment of the bill, Bill C-69 is long overdue. It makes a lot of positive changes. The best way I could summarize this legislation, which the official opposition has put forward so many amendments for, is to say that we should be looking at what it would really do. It would protect our environment, fish, and waterways; it would rebuild public trust and respect for indigenous rights; and it would strengthen our economy.

We need to recognize that the environment and the economy go hand in hand. This is something that the former Harper government failed to do, but we are doing. The best example of that is the pipeline that will go through. For 10 years, Harper failed with that. This government is moving forward with protecting our environment, consulting with indigenous people and others, and advancing the economy with thousands of jobs. Why does the Conservative Party continue to believe that when it comes to development in Canada, it has to be one-sided?