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.

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

Thank you, Madam Chair.

Committee members, dear colleagues, I am happy to be with you this morning to talk about the 2018-2019 Main Estimates for Environment and Climate Change Canada, for the Parks Canada Agency, and for the Canadian Environmental Assessment Agency.

I believe that this is my sixth appearance before this committee since I became minister, and my third appearance in the last 11 weeks. It's a pleasure to be back.

Today, as we have heard from the chair, I am joined by Jonathan Wilkinson, my amazing Parliamentary Secretary; Dr. Stephen Lucas, Deputy Minister of Environment and Climate Change Canada; Daniel Watson, Chief Executive Officer of Parks Canada Agency; and Ron Hallman, President of the Canadian Environmental Assessment Agency.

I want to start by recognizing that we're on the traditional territory of the Algonquin and Anishinabe peoples.

As you all know, we're celebrating World Environment Day today.

Happy World Environment Day.

It's also Canadian Environment Week. So this really is the ideal day to be here. I'm glad I am, despite some scheduling conflicts.

This year, the theme of World Environment Day and Canadian Environment Week is the fight against plastic pollution. This year's events and activities are inspired by the issues that will be discussed during the G7 summit, on June 8 and 9, in the Charlevoix region, in Quebec.

I would also note that I was very pleased to see Bill C-57 pass third reading with the unanimous vote in the House of Commons yesterday, despite the Conservative attempt to delay the passage of the bill by deleting a clause at report stage that Mr. Fast had already convinced the committee to amend. That said, I am glad to see it moving forward, as it was based on the unanimous recommendations of this committee.

I would also like to congratulate the committee on its in-depth study of Bill C-69 and on the many thoughtful amendments passed by the members of this committee. You heard from 80 witnesses and reviewed more than 150 submissions over a period of two months. The quality and scope of your amendments demonstrate the rigour of your study of the bill, and I am happy to be able to say that our government will support these amendments.

We are now beginning report stage debate, and unsurprisingly, the Conservatives are once again engaging in delay tactics by moving to delete every clause of the act, with not one substantive amendment.

Despite these actions, our government will continue to ensure that we restore public trust, protect the environment, introduce modern safeguards, advance reconciliation with indigenous peoples, and ensure that good projects go ahead and resources get to market, because that's what Canadians expect.

On April 16, the president of the Treasury Board tabled the 2018-2019 estimates and departmental plans. The tabling of these documents is an important step taken by our government in the reform of the estimates.

The estimates include 100% of the measures announced in the budget, and provide parliamentarians with key information to ensure better government accountability.

Speaking of accountability, I trust that the Conservative members at this table will take some time to explain to Canadians why only 11 short weeks ago they attempted to gut the funding of this portfolio in estimates votes for this fiscal year by reducing the budget by over $625 million—in fact, $627,365,749. This included a cut of over $320 million to Environment and Climate Change Canada, a cut of over $15 million to the Canadian Environmental Assessment Agency, and a cut of close to $320 million to Parks Canada. This would have meant layoffs for public servants and the closure of our national parks. It was the height of irresponsibility, and I want to note it for the record at this meeting on the estimates today. Budget votes are not a game and Conservative members should know better. Decisions made in this place have real impacts on people's lives, our country, and our environment.

With that, for Environment and Climate Change Canada, the main estimates include $1.5 billion in planned spending. That's an increase of $528.6 million, or a 54% increase over last year's main estimates. They also include a new central vote under the Treasury Board Secretariat for budget implementation. For Environment and Climate Change Canada, that central vote totals $71.4 million.

With respect to the Canadian Environmental Assessment Agency, for 2018-19, the main estimates provide total funding of $33.6 million.

With respect to Parks Canada, funding of over $1.4 billion is expected through the 2018-19 main estimates, an increase of $83 million, or 6%, over last year's main estimates. For the Parks Canada Agency, the central vote includes two items: $23.6 million for protecting Canada's nature, parks, and wild spaces; and $1.25 million for supporting indigenous history and heritage.

As minister, my key priority continues to be ensuring that our government provides leadership to take action on climate change. We're 100% committed to reaching our 2030 climate target and we're taking action, including accelerating the phase-out of coal, historic investments in cleaner infrastructure, and putting in place a price on pollution to grow the economy in cleaner ways.

Canadians know that pollution incurs costs, related to droughts, floods and extreme weather events, as well as effects on our health.

We're expecting that climate change will cost our economy $5 billion per year by 2020. Doing nothing is not an option.

We have a plan that will reduce pollution and allow us to meet our objectives, all while growing our economy and creating good jobs for the middle class.

The Conservatives don't have a climate plan. They don't seem to believe that climate change is a problem—or real, in some cases—and they're missing the boat on the trillions of dollars of economic opportunity in green growth around the world. According to the World Bank, the Paris Agreement will help open up nearly $23 trillion in new opportunities—let me repeat, $23 trillion in new opportunities—for climate-smart investments in emerging markets between now and 2030. Our climate plan is positioning Canada among the leaders in seizing those opportunities.

Canada's clean-tech sector is now ranked fourth in the world, and first in the G20. That's testimony to Canadian ingenuity, but it also reflects choices our government has made, such as putting a price on pollution and making smart support for clean innovation. The Conservatives, sadly, have no plan to support this essential part of our economy.

This December, we'll seize the opportunity to advance the implementation of the Paris Agreement at the Conference of the Parties, COP24. COP24 will be pivotal for sustaining momentum on climate action created by Paris. Why? If this year's COP can, and should, land the Paris rule book, rules about reporting, transparency, markets, and more that help translate ambition into action, it will guard parties' efforts to implement the Paris Agreement and will support enhanced ambition in years and decades ahead.

We will continue to protect Canadians and the environment from harmful substances by carrying out environmental assessments on the latter, by developing and implementing control measures, such as regulations, and by carrying out continual assessments on the reform of the Canadian Environmental Protection Act, including the recommendations made by this committee.

We'll be tabling our recommendation-by-recommendation response to this committee's report on CEPA later this month. We'll also be implementing the regulations to ban asbestos in Canada, limit toxic emissions for refineries and petrochemical plants, and reduce contaminants in effluent from mining. Our government is also committed to protecting and conserving nature and wildlife. After a decade of Conservative inaction, we're making real progress by listening to scientists and moving quickly to help species recover. We're showing leadership by investing a historic $1.3 billion in budget 2018 for nature and conservation.

Canada is committed to conserving at least 17% of its land and inland waters by 2020, and we're making real progress. At this time, about 10.5% of Canada's land and fresh water, and almost 8% of marine and coastal areas, are under some form of protection in all 10 provinces, three territories, and three oceans. In support of this commitment, we're continuing to advance work on creating new national parks and national marine conservation areas, including the proposed Thaidene Nëné national park reserve in the Northwest Territories, the proposed national park reserve in the South Okanagan-Similkameen in British Columbia, and Tallurutiup Imanga national marine conservation area in Lancaster Sound, Nunavut.

To ensure that this progress continues, the budget implementation vote includes $52.9 million to protect Canada's wildlife, parks and spaces. This funding will support us as the federal government moves forward with the protection and recovery of species at risk. We are focusing on the priority areas, species and sectors to obtain lasting results for a number of species.

I am delighted that the nature fund will supplement the funding given to the partners, businesses, provincial and territorial non-profit organizations, as well as to other entities to protect more private lands, and to support the provincial and territorial efforts that aim to protect species and enhance indigenous peoples' ability to conserve the lands and the species.

Together, the main estimates and new spending in budget 2018 will help create the clean-growth economy necessary for the collective health, prosperity, and security of this generation of Canadians and the next.

Thank you for your time today on World Environment Day. I look forward to your questions.

Motions in Amendment

[Shannon Stubbs, Conservative, Lakeland, AB]

moved:

Motion No. 149

That Bill C-69 be amended by deleting Clause 129.

Motion No. 150

That Bill C-69 be amended by deleting Clause 130.

Motion No. 151

That Bill C-69 be amended by deleting Clause 131.

Motion No. 152

That Bill C-69 be amended by deleting Clause 132.

Motion No. 153

That Bill C-69 be amended by deleting Clause 133.

Motion No. 154

That Bill C-69 be amended by deleting Clause 134.

Motion No. 155

That Bill C-69 be amended by deleting Clause 135.

Motion No. 156

That Bill C-69 be amended by deleting Clause 136.

Motion No. 157

That Bill C-69 be amended by deleting Clause 137.

Motion No. 158

That Bill C-69 be amended by deleting Clause 138.

Motion No. 159

That Bill C-69 be amended by deleting Clause 139.

Motion No. 160

That Bill C-69 be amended by deleting Clause 140.

Motion No. 161

That Bill C-69 be amended by deleting Clause 141.

Motion No. 162

That Bill C-69 be amended by deleting Clause 142.

Motion No. 163

That Bill C-69 be amended by deleting Clause 143.

Motion No. 164

That Bill C-69 be amended by deleting Clause 144.

Motion No. 165

That Bill C-69 be amended by deleting Clause 145.

Motion No. 166

That Bill C-69 be amended by deleting Clause 146.

Motion No. 167

That Bill C-69 be amended by deleting Clause 147.

Motion No. 168

That Bill C-69 be amended by deleting Clause 148.

Motion No. 169

That Bill C-69 be amended by deleting Clause 149.

Motion No. 170

That Bill C-69 be amended by deleting Clause 150.

Motion No. 171

That Bill C-69 be amended by deleting Clause 151.

Motion No. 172

That Bill C-69 be amended by deleting Clause 152.

Motion No. 173

That Bill C-69 be amended by deleting Clause 153.

Motion No. 174

That Bill C-69 be amended by deleting Clause 154.

Motion No. 175

That Bill C-69 be amended by deleting Clause 155.

Motion No. 176

That Bill C-69 be amended by deleting Clause 156.

Motion No. 177

That Bill C-69 be amended by deleting Clause 157.

Motion No. 178

That Bill C-69 be amended by deleting Clause 158.

Motion No. 179

That Bill C-69 be amended by deleting Clause 159.

Motion No. 180

That Bill C-69 be amended by deleting Clause 160.

Motion No. 181

That Bill C-69 be amended by deleting Clause 161.

Motion No. 182

That Bill C-69 be amended by deleting Clause 162.

Motion No. 183

That Bill C-69 be amended by deleting Clause 163.

Motion No. 184

That Bill C-69 be amended by deleting Clause 164.

Motion No. 185

That Bill C-69 be amended by deleting Clause 165.

Motion No. 186

That Bill C-69 be amended by deleting Clause 166.

Motion No. 187

That Bill C-69 be amended by deleting Clause 167.

Motion No. 188

That Bill C-69 be amended by deleting Clause 168.

Motion No. 189

That Bill C-69 be amended by deleting Clause 169.

Motion No. 190

That Bill C-69 be amended by deleting Clause 170.

Motion No. 191

That Bill C-69 be amended by deleting Clause 171.

Motion No. 192

That Bill C-69 be amended by deleting Clause 172.

Motion No. 193

That Bill C-69 be amended by deleting Clause 173.

Motion No. 194

That Bill C-69 be amended by deleting Clause 174.

Motion No. 195

That Bill C-69 be amended by deleting Clause 175.

Motion No. 196

That Bill C-69 be amended by deleting Clause 176.

Motion No. 197

That Bill C-69 be amended by deleting Clause 177.

Motion No. 198

That Bill C-69 be amended by deleting Clause 178.

Motion No. 199

That Bill C-69 be amended by deleting Clause 179.

Motion No. 200

That Bill C-69 be amended by deleting Clause 180.

Motion No. 201

That Bill C-69 be amended by deleting Clause 181.

Motion No. 202

That Bill C-69 be amended by deleting Clause 182.

Motion No. 203

That Bill C-69 be amended by deleting Clause 183.

Motion No. 204

That Bill C-69 be amended by deleting Clause 184.

Motion No. 205

That Bill C-69 be amended by deleting Clause 185.

Motion No. 206

That Bill C-69 be amended by deleting Clause 186.

Motion No. 207

That Bill C-69 be amended by deleting Clause 187.

Motion No. 208

That Bill C-69 be amended by deleting Clause 188.

Motion No. 209

That Bill C-69 be amended by deleting Clause 189.

Motion No. 210

That Bill C-69 be amended by deleting Clause 190.

Motion No. 211

That Bill C-69 be amended by deleting Clause 191.

Motion No. 212

That Bill C-69 be amended by deleting Clause 192.

Motion No. 213

That Bill C-69 be amended by deleting Clause 193.

Motion No. 214

That Bill C-69 be amended by deleting Clause 194.

Motion No. 215

That Bill C-69 be amended by deleting Clause 195.

Motion No. 216

That Bill C-69 be amended by deleting Clause 196.

Madam Speaker, on behalf of Lakeland and communities in every corner of Canada, I strongly oppose Bill C-69, which would radically overhaul Canada's regulatory system, and by extension, hurt Canada's responsible natural resources development.

It is rich for the Liberals to talk about transparency and for their mandate letters to instruct meaningful engagement with opposition members while they ram through legislation with this magnitude of impact on the Canadian economy. The Liberals refused to split this massive omnibus bill, which involves three big ministries; denied all but a handful of the literally hundreds of amendments proposed by members of all opposition parties; introduced 120 of their own amendments at the last minute; did not provide timely briefings or supplementary material to MPs; and ultimately ignored all the recommendations in the two expert panel reports, from months and months of consultation, rumoured to cost a million dollars each. They shut down debate in committee and are pushing the bill through the last stages with procedural tools.

Bill C-69 would make it even harder for Canada to compete globally. More than $100 billion in energy investment has already left Canada under the Liberals. Foreign capital is leaving Canada across all sectors.

The government should focus on market access, on streamlining regulations, and on cutting red tape and taxes in Canada, especially because the U.S. is Canada's biggest energy competitor and customer. However, the Liberals are layering on additional regulatory burdens and costs that make it more difficult for Canada's private sector to compete. The Liberals are damaging certainty and confidence in Canada, putting our own country at a disadvantage.

Bill C-69, without a doubt, compounds red tape and costs in natural resources development. During testimony, the Canadian Association of Petroleum Producers said:

Unfortunately, today Canada is attracting more uncertainty, not more capital, and we will continue to lose investment and jobs if we do not have a system of clear rules and decisions that are final and can be relied upon.

Unfortunately, CAPP and the investment community today see very little in Bill C-69 that would improve that status.

CAPP went on:

We see substantial risk that all the work undertaken today could be deemed incomplete. Therefore, they may have to restart and follow an entirely different process, which would add more time and more uncertainty for our investment community.

That issue was addressed in committee by amendments giving proponents the option for reassessment. What I worry about is that the Liberals have now given anti-energy activists the opportunity to demand that all projects go back through that new process, because they have spent years denigrating Canada's regulatory reputation. It has already begun. The Liberals have created years of a regulatory vacuum, destabilizing the framework for Canada's responsible resource development, and have added hurdles during an already challenging time, the worst time, for prices, costs, and competitiveness. That has caused the biggest decline in Canadian oil and gas investment of any other two-year period since 1947, and hundreds of thousands of Canadians losing their jobs. This year alone, during three-year price highs, Canadian oil and gas investment is projected to drop 47% from 2016 levels. The Bank of Canada says that there will be zero new energy investment in Canada after next year.

In committee, the Canadian Energy Pipeline Association said:

In the two years leading up to this bill, you can pick your poison: policies, including a tanker moratorium...; proposed methane emission regulation reductions; clean fuel standards; provincial GHG emission regulation; B.C.'s restrictions on transporting bitumen; a lack of clarity regarding the government's position on the implementation of UNDRIP and FPIC; and the fierce competition from energy-supportive policies in the United States, etc. The cumulative effect of these policies has significantly weakened investor confidence in Canada. It is seriously challenging the energy sector's ability to be competitive.

Nancy Southern, the CEO of ATCO said “our competitive edge is slipping away from us. ...it's layer upon layer [of regulatory burden]. It's increasing regulatory requirement, it's compliance, new labour laws, it's taxes—carbon tax.”

She called it “heartbreaking”.

What is really galling is that it makes neither economic nor environmental sense to harm Canada's ability to produce oil and gas. The IEA says that 69% of the world's oil demand growth was in the Asia-Pacific in the past five years, and global demand will grow exponentially for decades to come. Therefore, the world will keep needing oil and gas, and other countries will keep producing it, but of course, to no where near the environmental or social standards of Canadian energy.

Right now, Canada has more oil supply that it does pipeline capacity, but if Canada had more pipelines, to both the United States and other international markets, Canada could capitalize on its almost limitless potential to be a global supplier of the most responsible oil to the world.

Building new pipelines makes sense, but as if the Liberals have not already done enough damage, Bill C-69 would make it even harder for new major energy infrastructure to be approved. It is based more on ideology and politics than on science, evidence, and economic analysis.

The Canadian Energy Pipeline Association said:

...it is preposterous to expect that a pipeline proponent would spend upwards of a billion dollars only to be denied approval because the project must account for emissions from production of the product to consumption in another part of the world. If the goal is to curtail oil and gas production and to have no more pipelines built, this legislation has hit the mark.

Oil and gas proponents are seeing clearly that Bill C-69 would ensure that no future major energy projects will be built in Canada.

The Liberals claim that this bill would enhance indigenous participation. In fact, it actually would make no substantive changes to indigenous rights or duties in the approval process. Indigenous people and communities and all directly impacted communities must be consulted on major energy projects. That is the crown's duty. However, this bill plays right into the hands of anti-energy activists. It would allow distant, unaffected communities, even non-Canadians, to interfere in the review process by removing the standing test and would allow anti-energy groups to subvert the aspirations of indigenous communities that want energy and economic development.

A hallmark of both Canada's regulatory system and Canadian oil and gas developers has long been world-leading best practices for indigenous consultation and the incorporation of traditional knowledge. Canada's energy sector is more committed to partnerships, mutual benefit agreements, and ownership with indigenous people than anywhere else in the world, so shutting down Canadian oil and gas will hurt them, too. However, the Liberals say one thing and do another when it comes to indigenous people and energy development. The tanker ban was imposed without any meaningful consultation whatsoever with directly impacted communities, such as the Lax Kw'alaams Band, which is taking the government to court over it.

The tanker ban is also the main obstacle to the Eagle Spirit pipeline, which would run from Bruderheim in Lakeland to northern B.C., carrying oil for export. After five years of work, this $16-billion project has been called the biggest indigenous-owned endeavour in the world. Thirty-five first nations, every single one along the route, support it. The Prime Minister ordered the tanker ban less than a month after the last election, with no consultation or comprehensive economic, environmental, or safety analysis and no consultation with indigenous communities impacted by it. Just like the northern gateway pipeline, 31 first nations supported it, and indigenous partners had equity worth $2 billion. The Prime Minister could have ordered added scope and time for more consultation, but he vetoed it entirely, so both dozens of indigenous agreements and the only already-approved, new, stand-alone pipeline to export Canadian oil to the Asia-Pacific are gone.

The Prime Minister did the same thing to the Northwest Territories when he unilaterally imposed a five-year offshore drilling ban, with no notice to the territorial government, despite intergovernmental discussions. Northwest Territories Premier Bob McLeod said, “I think for a lot of people, the prime minister took away hope from ever being able to make a long-term healthy living in the North”. This bill is part of the Liberals' pattern of enabling themselves to make political decisions about energy development in Canada.

This bill is bad for investor confidence in Canada, it is bad for the energy sector, it is bad for the economy, and it is bad for the country as a whole. On top of ideologically driven political decisions, it would not establish timelines for certainty either, despite Liberal claims. There are multiple ways either ministers or the commissioner could stop and extend the process as long as they wanted, as many times as they wanted.

This bill would not harm only Canadian oil and gas. The Prospectors & Developers Association of Canada said, “the Canadian mineral industry faces fierce global competition for investment. In fact, Canada is starting to fall behind its competitors in a number of areas, indicating its decline in attractiveness as a destination for mineral investment.”

That is a major problem for Canada too, as Australia and South Africa compete directly as destinations of choice for mineral investment, exploration, and mining. Like oil and gas, Canadian mining is a world leader on all measures. The sector is the biggest employer of indigenous people. It is often the only opportunity for jobs in remote and northern regions. Any additional hurdles or costs will tip the scale in favour of other countries.

The Liberals' decisions have provoked even former Liberal MP and premier of Quebec Jean Charest to say, “Canada is a country that can't get its big projects done. That's the impression that is out there in the world right now.”

Although the Liberals should put Canada first, they jeopardize Canada's ability to compete, forcing Canada into a position where natural resources development, the main driver of middle-class jobs and Canada's high standard of living, is at serious risk.

The Liberals should champion Canada's expertise, innovation, and regulatory know-how. They should be proud of Canada's track record instead of constantly attacking Canada's regulatory reputation and imposing policies and laws like Bill C-69, which would damage the future of Canada's responsible natural resources development and put very real limits on Canada's whole economy and opportunities for future generations.

Speaker’s Ruling

[The Speaker, Geoff Regan]

There are 216 motions in amendment standing on the Notice Paper for the report stage of Bill C-69.

Motions Nos. 2, 6, 7, and 80 will not be selected by the Chair, since they could have been submitted to the committee for its consideration. Motions Nos. 14, 24, and 65 will not be selected by the Chair, since they were defeated in committee.

All remaining motions have been examined, and the Chair is satisfied that they meet the guidelines expressed in the note to Standing Order 76.1(5) regarding the selection of motions in amendment at report stage.

Motions Nos. 1, 3 to 5, 8 to 13, 15 to 23, 25 to 64, 66 to 79, and 81 to 216 will be grouped for debate and voted upon according to the voting pattern available at the table.

I will now put Motions Nos. 1, 3 to 5, 8 to 13, 15 to 23, 25 to 64, 66 to 79, and 81 to 216 to the House.

The House proceeded to the consideration of Bill C-69, an act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other acts, as reported (with amendments) from the committee.

Instruction to Committee on Bill C-71

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, this evening, we were hoping to debate Bill C-69. It is on the government's agenda. Why does my colleague and friend across believe that the Conservative Party voted for a number of hours today and then brought in a motion of this nature? It seems to me they do not want to debate Bill C-69. Do they support the bill or not?

Opposition Motion — United Nations Declaration on the Rights of Indigenous Peoples

[Sheila Malcolmson, NDP, Nanaimo—Ladysmith, BC]

Madam Speaker, while the government breaks promises at an increasing rate of speed, the whiplash is extreme. A week ago, the government agreed with my colleague, the member for Abitibi—Baie-James—Nunavik—Eeyou, and now the parliamentary secretary has said that the government is not going to support the motion.

A solemn promise was made on Vancouver Island during the election campaign that the Prime Minister was going to redo the review for the Kinder Morgan pipeline project. I heard that a lot of people voted for him on that basis. The Prime Minister did not do that, but instead he added a ministerial panel. Whenever we ask about this in question period, the minister tells us that the ministerial panel, a process that had no recorded minutes, no translation, was badly organized, and where most of the content was about how bad the NEB review was, made recommendations. The question it asked back to the Prime Minister was, “How might Cabinet square approval of the Trans Mountain Pipeline with its commitment to reconciliation with First Nations and to the UNDRIP principle of “free, prior, and informed consent?”

Can the parliamentary secretary give any evidence that the advice has been taken? Why on earth, if she so believes in UNDRIP, has she not built it into Bill C-69, the Canadian energy regulator—

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

Madam Speaker, the sanctimony of the member for Skeena—Bulkley Valley is quite something.

Before I begin my remarks today and speak to the motion by the hon. member for Abitibi—Baie-James—Nunavik—Eeyou, I want to take a moment to congratulate him on the passage of his private member's bill in the House last week. Bill C-262 is a fitting tribute to, and a crowning achievement in, his lifetime of work promoting and defending the rights of indigenous peoples. It is a bill inspired in part by what he endured as a former student in the Indian residential school system, and by his determination to reconcile with those who had, as he says, put him away for 10 years. It is a bill that speaks to those without a voice, and it is a bill that reflects his own remarkable courage, perseverance, and selfless public service.

I know that the member opposite often says he was not alone in his pursuit of justice, but there is also no denying that his decades long journey exacted a heavy toll on him, not just in terms of his endless and exhausting hours of work, but in the personal sacrifices too, including precious time lost with loved ones. We are forever indebted to him for this, and all members on this side of the House are honoured to have supported his bill. In fact, our only regret about Bill C-262 is that it did not pass in the House unanimously. History will almost certainly question the bill's opponents harshly, but I will leave it to them to explain their position to Canadians.

Today, the hon. member opposite asked for our support again with a motion that builds on Bill C-262, a motion that among other things asks all members to reaffirm their support for the United Nations Declaration on the Rights of Indigenous Peoples, and to advance a nation-to-nation approach that respects the right of indigenous peoples to self-determination. Our government is readily willing to do both, as we have many times before. We share much in common with the hon. member, more perhaps than he may even realize, but I will get to more of that later.

Where we differ is on the Trans Mountain expansion pipeline. Our government's decision to approve the $7.4-billion project, as well as our announcement last week to secure the existing pipeline and ensure that its expansion proceeds, has never, ever been about choosing sides or putting one province ahead of another, or one indigenous community before another. Instead, it has always been about Canada's interest. That includes the rights of all Canadians and the rights of indigenous peoples. It is our responsibility and within our jurisdiction to work in close partnerships with provinces and indigenous peoples, to consult and engage as the crown, and to act in the national interest to ensure the stability and growth of the Canadians economy, and to get our resources to market sustainably and competitively.

The TMX pipeline is part of that. It is in Canada's national interest as a result of the most in-depth indigenous consultations ever done in this country on a project; as a result of a significant number of letters and submissions from the Canadian public; and also because of the thousands of good, well-paying jobs it will create, the better prices it will ensure for Canadian oil, and the increased government revenues at all levels that will follow. All the while, our government is making unprecedented investments to enhance environmental protection and support indigenous participation.

To understand all of this and how we have arrived at where we are today, it is helpful to look back at where we started. From the moment our government was sworn into office, we made it clear that there is no relationship more important to Canada than the one with indigenous peoples. We have heard the Prime Minister say that many times in the House and elsewhere. He wrote it in the mandate letters of every federal cabinet minister, and he made it a central pillar of our government's vision for this clean growth century, starting with the Speech from the Throne, which was delivered exactly two and a half years ago today.

I want to read an excerpt from the throne speech so that Canadians can appreciate how it has guided our every action over the past 30 months. It reads:

Because it is both the right thing to do and a certain path to economic growth, the Government will undertake to renew, nation-to-nation, the relationship between Canada and Indigenous peoples, one based on recognition of rights, respect, co-operation and partnership.

It is because of that perspective that we fully endorse the United Nations Declaration on the Rights of Indigenous Peoples, and why we are acting on the calls to action of the Truth and Reconciliation Commission, and why the Prime Minister appointed a working group of ministers last year to review all laws, policies, and operational practices related to indigenous peoples.

In short, our government's efforts are cut from the same cloth as the hon. member's Bill C-262, and they go even further in ensuring that the crown is meeting its constitutional obligations regarding aboriginal and treaty rights. We are adhering to international human rights standards, including the UN declaration. We are supporting the implementation of the Truth and Reconciliation Commission's calls to action and we are doing all of these things in collaboration with indigenous peoples.

The result is that this past February the Prime Minister announced a historic new approach for renewing the relationships between Canada and first nations, Inuit, and Métis people, one that underscores that true reconciliation must start with the recognition and implementation of indigenous rights. Our government is doing this by developing a new recognition and implementation of rights framework, a framework that is being co-developed through national engagement to rebuild indigenous governments and nations and to support a path toward self-determination.

One of our government's earliest expressions of this new approach was the introduction of Bill C-69, which transforms the way Canada reviews major new resource projects by co-developing with indigenous partners a direct and permanent role in impact assessment and regulatory process from beginning to end, which brings me back to the Trans Mountain expansion project.

One of the first things our government did in coming to office was to launch a new interim approach to environmental assessments and regulatory reviews in Canada, an approach based on five guiding principles that included more meaningful consultation with indigenous peoples and explicit inclusion of indigenous knowledge. Then, to enable even more voices to be heard, the Minister of Natural Resources appointed a special ministerial panel to travel up and down the length of the proposed pipeline's route, holding additional hearings beyond the National Energy Board's own regulatory review.

We heard through our engagements with indigenous peoples and non-indigenous Canadians in Alberta and British Columbia and across Canada that the project is in the national interest, that the jobs and revenue are needed, and that the risks can be mitigated. However, we also heard that we needed to manage the risks of the project very closely, which is another reason why we launched our country's single largest investment to protect Canada's oceans, marine life, and coastal communities, a $1.5 billion investment that will strengthen the eyes and ears of our coastlines, the longest in the world.

It will enhance our response capabilities in the unlikely event of a spill and ensure that coastal and indigenous communities are at the forefront of development and implementation of the plan.

It is also why we invested in and co-developed an indigenous advisory monitoring committee for the TMX pipeline, the first committee of its kind in Canada to help oversee the safety of a major energy project through its entire life cycle. Indigenous participation in this advisory and monitoring committee includes representatives that both support and oppose the project. This partnership and diversity of views is essential to advance our shared goals of safety and protection of the environment. As a result of these efforts, indigenous voices will be at the forefront, their counsel sought, their knowledge valued, and their rights protected. It is the beginning of a new way of managing resources.

As Chief Ernie Crey of the Cheam First Nation has said of the advisory and monitoring committee: “Indigenous people won't be on the outside looking in. We'll be at the table and on site, to protect our land and our water.” He is right.

The Prime Minister has said that the true measure of any relationship is not whether we all agree, but how we move forward when we do not agree. That is where our focus is.

When our government approved the TMX pipeline, we knew there would be Canadians who would disagree vocally and sometimes vehemently. That is the nature of a healthy and fully functioning democracy. Major energy projects can be controversial. They can divide political parties, as we have witnessed with the Alberta and British Columbia provincial governments who share the same political stripe. These projects can also divide indigenous communities that hold aboriginal and treaty rights protected under our Constitution. Look at those who support and those who oppose this project. There are Canadians who feel so deeply about these things that they will protest in the street and get themselves arrested, as two members of Parliament already have. This right to protest is a cherished Canadian liberty. We live under the rule of law.

I will now return to where I began in my remarks. I opened by commending the hon. member opposite for the passage of his bill, Bill C-262, and I suggested that he shares more common ground with our government than he may realize. There is a very good reason for believing that. It is because of something he said in February when he appeared before the Standing Committee on Indigenous and Northern Affairs to discuss his private member's bill. At that time, the member for Pontiac asked the hon. member opposite if he could articulate any distinction between free, prior, and informed consent, and a veto. I will quote the hon member for Abitibi—Baie-James—Nunavik—Eeyou at length because, as a lawyer, he displayed his great grasp of the law. The hon. member said:

I think the distinction is an important one and we need to understand that in this country. The right to free, prior, and informed consent, like all human rights, not just the human rights of indigenous peoples, is a relative right. You need to balance that right with the rights and interests of others, which veto does not do. Veto is an absolute thing, and I don't think our court system, constitutional or otherwise, would ever take that kind of view. That's not how our Canadian legal system works and that's not how the international law system works either.

The member's explanation is one of the best I have every heard. It is also consistent with one of the most frequently cited interpretations of what free, prior, and informed consent means, as developed by the former UN Special Rapporteur, James Anaya. Mr. Anaya said that consent “should not be regarded as according indigenous peoples a general 'veto power' over decisions that may affect them”. Instead, the overarching objective of free, prior, and informed consent is that all parties work together in good faith to make every effort toward mutually acceptable arrangements, thereby allowing indigenous people to “genuinely influence the decision-making process.”

This is the approach our government took in reaching its decision to approve the Trans Mountain expansion pipeline.

The member opposite is correct in noting that there are indigenous communities that oppose the project, including six indigenous groups that are exercising their rights in court. There are also 43 rights-bearing indigenous communities along the length of the proposed expansion route who have signed mutual benefit agreements that will create real opportunities in those communities, 32 of which have submitted letters of support. These signified partnership agreements reached between the company and communities go beyond the government's consultation and beyond the 157 conditions of the project that must be in place before operation.

In addition, the Minister of Finance has noted that since we announced our decision to purchase the existing Trans Mountain pipeline and proceed with its expansion, many investors have already expressed interest in the project, including indigenous groups.

Overriding the consent of those indigenous peoples who support the project or the majority of Canadians who are also in favour of its proceeding is not the solution here, but the contrary. It would go against the intent and spirit of the hon. member's motion.

The goal of free, prior, and informed consent is to ensure a holistic approach to interests through transparent processes aimed at building consensus.

It is the same goal at the heart of our current legislation to modernize Canada's environmental assessments and regulatory reviews. It highlights the importance of everyone in this House to support developing a recognition and implementation of indigenous rights framework that makes enshrining the United Nations Declaration on the Rights of Indigenous Peoples real and meaningful, and that will fully support indigenous peoples in their path to self-determination.

How we manage and develop our national resources speaks to who we are as Canadians and the values that define us. Decisions like these are not always easy, popular, or indeed straightforward. I know the member opposite understands that as well as anyone. He has dedicated his life to advancing reconciliation through inclusive and sustainable resource development. We share similar visions; we have the same goals.

While I cannot support the member's motion as it is worded today, I believe we are all well begun with better rules to build a better Canada, one that our children can inherit with pride and build with confidence.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Madam Speaker, my colleague brought forward Bill C-262, which was passed by the majority in this place. My colleague's bill would now require that the government reflect the United Nations Declaration on the Rights of Indigenous Peoples in all federal government legislation. I would welcome my colleague's comments on this.

On two occasions, I have brought forward amendments for the government to include in new legislation coming forward, including Bill C-57, which would amend the Sustainable Development Act; and Bill C-69, which would transform our entire major project review process. The Liberal government turned down more than a dozen proposals to include the UNDRIP in that legislation. I wonder if the member could also speak to this.

The government seems to want to give the illusion that it supports all the TRC calls to action. It is giving the illusion that it now supports the UNDRIP, but in its actions, it does not seem to be delivering on that promise, also as pointed out recently by the Auditor General of Canada.

Indigenous Affairs

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Madam Speaker, the Auditor General has chastised the government for failing to address matters of significance to first nations, in particular those living on reserves. In assessing well-being, he reports that the government failed to consider health, environment, language, and culture, coupled with failed meaningful engagement. These are basic rights accorded under the UNDRIP and the UN sustainable development goals that the government professes to endorse.

Why then did the Liberals oppose our amendments to Bill C-57 and Bill C-69 intended to extend those very rights and duties?

Business of the House

[Marc Garneau, Liberal, Minister of Transport]

Mr. Speaker, I would encourage the opposition House leader to speak to the government House leader on the questions that she has just raised.

In the meantime, this afternoon we will continue with report stage of Bill C-74, the Budget Implementation Act, 2018, No. 1.

Following this debate, we will turn to Bill C-47, the arms trade treaty, also at report stage.

Tomorrow morning, we will begin third reading of Bill C-57, an act to amend the Federal Sustainable Development Act. Monday and Wednesday shall be allotted days. Next week, priority will be given to the following bills: Bill-C-74, budget implementation act, 2018, No. 1; Bill C-69 on environmental assessments; Bill C-75 on modernizing the justice system; and Bill C-47 on the Arms Trade Treaty.

Federal Sustainable Development Act

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Mr. Speaker, there are a series of policy decisions the government has taken, some legislative, some regulatory. We could talk about the tanker ban off the west coast. It was totally a political decision, not based on very much of any science. It hurt the prospective investment decisions that companies were going to make in Canada. We could talk about the carbon tax, which seriously hurt the cost of living for all Canadians, because we are all paying higher taxes now.

We could also talk about decisions, such as Bill C-69, which did immense damage to the regulatory process. In fact, if I remember correctly, a very senior official at Suncor, I believe it was the CEO, said that no new project would be built under that model because it gave the Minister of Environment and Climate Change so much power to cancel projects.

What company could be blamed for not wanting to take on an immense amount of risk? At the end of the day, the board of directors and executive teams are responsible to the shareholders who invested in it. I would not invest in Canada either if I were being told by the members opposite that I would have to jump through as many hoops and they would decide afterward if I did it well enough.

Extension of Sitting Hours

[Ed Fast, Conservative, Abbotsford, BC]

Yes, Bill C-69. Thank you.

As we were going through all of these amendments, with each one it was funny to see the rep from the Prime Minister's Office running up behind the Liberals and telling them how they should be voting, telling them how they should be dealing with the issue. They had been told that with 100 amendments yet to be considered and debated at committee, they were going to cut off debate and vote on those amendments without any further debate. It was to be just up-and-down votes on each one, without our being able to share our views on them.

I would throw that back to the member, whom I do respect and who has had a taste of the environment committee. How can he say that there has been this tremendous reform of our committee system when nothing could be further from the truth?

[An hon. member]

It was Bill C-69.

United Nations Declaration on the Rights of Indigenous Peoples Act

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Speaker, on my colleague's first point, Bill C-262 would confirm that the UN declaration is a human rights instrument that has application in Canadian law. It would confirm that the declaration already applies in Canadian law. It is important to remind members of that fact. Bill C-262 only confirms its application in Canadian law already.

That being said, a lot of what we do in this place in terms of legislation must be consistent with a lot of things. It must be consistent with the Constitution, and section 35 in particular. It must be consistent with the rulings of the Supreme Court that have been handed down since 1982. Every piece of legislation needs to be consistent with the UN Declaration on the Rights of Indigenous Peoples.

One of the pieces of legislation, I believe it was Bill C-69 my colleague mentioned, references the UN declaration, but only in the preamble. It belongs in the text of the legislation as well. It is important to do that.

If we claim that we have adopted and implemented the UN declaration, we need to be consistent in that claim, absolutely.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, it was over a year ago that the current Liberal government proclaimed at the UN that it would implement the UN declaration. I have a two-part question for my colleague from Abitibi—Baie-James—Nunavik—Eeyou.

The fact that Bill C-262 has not passed has not constrained the government from acting. Would my colleague say that Bill C-69, the decision on excluding first nations from being part of the Columbia River Treaty negotiations, and the decision today on Kinder Morgan are consistent with what the Liberals committed to on the UN declaration a year and a half ago, or are these actions inconsistent with what they stated they would be doing?