Bill C-69 (Historical)

An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts

Part 1 enacts the Impact Assessment Act and repeals the Canadian Environmental Assessment Act, 2012. Among other things, the Impact Assessment Act
(a) names the Impact Assessment Agency of Canada as the authority responsible for impact assessments;
(b) provides for a process for assessing the environmental, health, social and economic effects of designated projects with a view to preventing certain adverse effects and fostering sustainability;
(c) prohibits proponents, subject to certain conditions, from carrying out a designated project if the designated project is likely to cause certain environmental, health, social or economic effects, unless the Minister of the Environment or Governor in Council determines that those effects are in the public interest, taking into account the impacts on the rights of the Indigenous peoples of Canada, all effects that may be caused by the carrying out of the project, the extent to which the project contributes to sustainability and other factors;
(d) establishes a planning phase for a possible impact assessment of a designated project, which includes requirements to cooperate with and consult certain persons and entities and requirements with respect to public participation;
(e) authorizes the Minister to refer an impact assessment of a designated project to a review panel if he or she considers it in the public interest to do so, and requires that an impact assessment be referred to a review panel if the designated project includes physical activities that are regulated under the Nuclear Safety and Control Act, the Canadian Energy Regulator Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act;
(f) establishes time limits with respect to the planning phase, to impact assessments and to certain decisions, in order to ensure that impact assessments are conducted in a timely manner;
(g) provides for public participation and for funding to allow the public to participate in a meaningful manner;
(h) sets out the factors to be taken into account in conducting an impact assessment, including the impacts on the rights of the Indigenous peoples of Canada;
(i) provides for cooperation with certain jurisdictions, including Indigenous governing bodies, through the delegation of any part of an impact assessment, the joint establishment of a review panel or the substitution of another process for the impact assessment;
(j) provides for transparency in decision-making by requiring that the scientific and other information taken into account in an impact assessment, as well as the reasons for decisions, be made available to the public through a registry that is accessible via the Internet;
(k) provides that the Minister may set conditions, including with respect to mitigation measures, that must be implemented by the proponent of a designated project;
(l) provides for the assessment of cumulative effects of existing or future activities in a specific region through regional assessments and of federal policies, plans and programs, and of issues, that are relevant to the impact assessment of designated projects through strategic assessments; and
(m) sets out requirements for an assessment of environmental effects of non-designated projects that are on federal lands or that are to be carried out outside Canada.
Part 2 enacts the Canadian Energy Regulator Act, which establishes the Canadian Energy Regulator and sets out its composition, mandate and powers. The role of the Regulator is to regulate the exploitation, development and transportation of energy within Parliament’s jurisdiction.
The Canadian Energy Regulator Act, among other things,
(a) provides for the establishment of a Commission that is responsible for the adjudicative functions of the Regulator;
(b) ensures the safety and security of persons, energy facilities and abandoned facilities and the protection of property and the environment;
(c) provides for the regulation of pipelines, abandoned pipelines, and traffic, tolls and tariffs relating to the transmission of oil or gas through pipelines;
(d) provides for the regulation of international power lines and certain interprovincial power lines;
(e) provides for the regulation of renewable energy projects and power lines in Canada’s offshore;
(f) provides for the regulation of access to lands;
(g) provides for the regulation of the exportation of oil, gas and electricity and the interprovincial oil and gas trade; and
(h) sets out the process the Commission must follow before making, amending or revoking a declaration of a significant discovery or a commercial discovery under the Canada Oil and Gas Operations Act and the process for appealing a decision made by the Chief Conservation Officer or the Chief Safety Officer under that Act.
Part 2 also repeals the National Energy Board Act.
Part 3 amends the Navigation Protection Act to, among other things,
(a) rename it the Canadian Navigable Waters Act;
(b) provide a comprehensive definition of navigable water;
(c) require that, when making a decision under that Act, the Minister must consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada;
(d) require that an owner apply for an approval for a major work in any navigable water if the work may interfere with navigation;
(e)  set out the factors that the Minister must consider when deciding whether to issue an approval;
(f) provide a process for addressing navigation-related concerns when an owner proposes to carry out a work in navigable waters that are not listed in the schedule;
(g) provide the Minister with powers to address obstructions in any navigable water;
(h) amend the criteria and process for adding a reference to a navigable water to the schedule;
(i) require that the Minister establish a registry; and
(j) provide for new measures for the administration and enforcement of the Act.
Part 4 makes consequential amendments to Acts of Parliament and regulations.

Impact Assessment Act

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Mr. Speaker, we are not seeing any certainty, and certainly the Kinder Morgan people did not when they just left and made us pay for an old pipeline. We still have to pay out billions of dollars to get one going.

The Liberal Party thought everyone would see solar panels and industrial wind turbines and think that Ontario made the right decision. Instead, every time electricity ratepayers in this province see an industrial wind turbine or a solar panel, it reminds them how badly they are being fleeced on their electricity bills.

The same thing will happen at the gas pumps. Consumers will be reminded every time they fill up at the pump of the government's carbon taxes. On behalf of all Canadians, keep politics out of the National Energy Board.

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

Mr. Speaker, with all due respect, I do not think the hon. member for Renfrew—Nipissing—Pembroke is interested in the bill we have before us, Bill C-69. Bill C-69 does not include anything about carbon taxes. The bill actually does not apply in any way to the issues she has raised about Ontario's policies for energy.

Personally, I cannot vote for Bill C-69, because it is so terribly weak and fatally flawed because of the persistence of the philosophy that is now embedded in the Government of Canada, left behind by the previous Harper government. Therefore, while I suppose I share the way I will vote with her, I cannot share anything else.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Mr. Speaker, I was talking specifically to Ontario voters, but I am hoping that voters from across Canada will learn from our experience. That is the lesson we learned when we thought everything was supposed to be renewable and good for the environment, but we opened up our hydro bills, and they were ten times the amount they had been a few months before. That was a price shock. Once burned, twice shy. When they go to the pumps, and they are burned at the pumps, they will have that same anger for the federal Liberals they are currently feeling provincially.

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

Mr. Speaker, I am really excited when I hear the Liberals talk about past governments. If we want to talk about Liberal DNA, it is just entangled in corruption. That is exactly what we have heard about tonight.

Earlier the minister said we need to have trust, but when we look at the bill and what has happened around it, we see that there is absolutely no interest in science. It is going to create a massive bureaucracy. The Liberals have lost hundreds of billions of dollars of investment in the country already, based on their approach to the environment and energy assessment.

We have the same people doing the same initiatives that were done in Toronto. Does the member expect that they will have the same results and the same disaster replicated across Canada?

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Mr. Speaker, that is exactly what I am trying to say. They drained the treasury in Ontario. Now they have come to the federal government and are working on draining it here. There are billions of dollars for a pipeline someone else was willing to build. They put in this legislation for redundancy and study after study when they had already been done. All these are roadblocks and a kill switch for any pipeline ever to be built as long as the Liberals are in power, or the NDP.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Mr. Speaker, I rise on a point of order. I am not sure if this is an appropriate time to do so, but I would like to correct something I said that was erroneous. I believe I said that the Supreme Court overturned the approval of the northern gateway pipeline project, but it was in fact the Federal Court of Appeal. I apologize. I attribute this to the late hour of the debate.

[The Assistant Deputy Speaker, Anthony Rota]

We have a correction. I thank the hon. member.

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

Mr. Speaker, I am pleased to join today's debate on Bill C-69. The proposed changes are important, because they build on and strengthen the legislation that has been described as historic, groundbreaking, and a major turning point for resource development in Canada.

There is a good reason for all these superlatives, because Bill C-69, even more so now that it has been amended, is a potential game changer in the way Canada reviews new major resource projects by creating greater investment certainty; restoring public confidence; advancing indigenous reconciliation; strengthening protections for our environment, fish, and waterways; and establishing better rules for co-operation among the various levels of government and federal regulatory agencies.

For example, there is a proposed early engagement and planning phase that would bring the proponents of new projects together with local communities and indigenous peoples to identify priorities and concerns. This would have two immediate benefits. First, project proponents and their investors would get a clearer lay of the land before they spent a lot of money advancing their proposals. Second, by identifying the key issues early, the project reviews would be shorter and more focused.

These kinds of results would be transformational for Canada's resource industries. They would enhance our competitiveness at the same time that we are ensuring sustainability, demonstrating yet again that economic prosperity and environmental protection are not competing interests but equal components in a single engine that will drive clean growth.

Bill C-69 features many other innovative measures that are equally significant. I am pleased to see that the amendments proposed at committee are consistent with the spirit and intent of the legislation. They include amendments that would further advance the recognition of indigenous rights, amendments that would enhance public participation and transparency, amendments to improve timelines and predictability, and amendments to clarify both ministerial discretion and the factors to be considered during impact assessments and regulatory reviews.

Many of these amendments extend across all acts within the bill, but I would like to focus my time on how the proposed changes would reinforce the goals of the Canadian energy regulator act.

For those who may be watching at home and are new to Bill C-69, the proposed new Canadian energy regulator would replace the National Energy Board. Our aim is to create a more modern federal regulator, with the required independence and the proper accountability to oversee a strong, safe, and sustainable Canadian energy sector in this clean-growth century.

The Canadian energy regulator act proposes to do this in these five key areas: more modern and effective governance; greater certainty and timelier decisions for project proponents; better public consultations; greater indigenous participation; and stronger safety and environmental protections. The amendments before us would move the yardsticks in each of these areas.

For example, we have a proposal from committee to clarify the factors to be considered by the Canadian energy regulator to ensure that climate change is considered when the regulator is making decisions about non-designated projects, such as pipelines, powerlines, and offshore projects.

I am disappointed in the opposition for how it has treated this historic piece of legislation. During the committee review, opposition members attempted to completely remove the Canada-Newfoundland and Labrador Offshore Petroleum Board from the review panel process. This was quite shocking, as it was proposed despite massive objections from Newfoundlanders and Labradorians, as well as the experts.

In fact, the biggest single criticism of the 2012 changes by the previous government in Newfoundland and Labrador was that it left the CNLOPB out of the entire process. It is clear that the opinion of the Conservatives has not changed. I am proud that Bill C-69 incorporates the critical role of the CNLOPB.

In its appearance before the environment committee, the CNLOPB said that Bill C-69 would provide for improvements over the current process and would allow it to work more closely and more collaboratively with federal agencies and regulators. It also said that regional assessments allowed for in Bill C-69 would strengthen the process.

Other amendments propose ways to enhance the new energy regulator's transparency and to provide for more meaningful opportunities for Canadians to participate in the regulatory process. This includes a requirement for processes and funding to support indigenous and public engagement. Further, there is an important amendment stipulating that whenever a project proponent issues a notice, which means that it has submitted information to the Canadian energy regulator, that the regulator would be required to put that notice on its website. This is an important step to inform the public about projects.

As for discretionary powers, the only exemption orders that would now be allowed under the Canadian energy regulator act would be to ensure safety and security or for the protection of property or the environment.

Other proposed changes build on the principle of one project, one review. For example, we see an amendment proposing that integrated review panels be allowed to include other jurisdictions, thereby ensuring a single impact assessment that still meets all requirements.

Also, other amendments that would provide greater certainty about the transition to a new review process. This includes adding objective criteria to determine which projects would continue to be reviewed under CEAA 2012, as well as a provision to encourage proponents to opt in to Bill C-69's new process. Of course, there are further clarifications that no project proponent will be asked to return to the starting line.

These are all good amendments that our government welcomes.

These changes will help to create an even better Canadian energy regulator. They will ensure good energy projects go ahead with timely and transparent decisions reflecting common values and shared benefits. They would lead to smarter resources, more effective reviews, and better results.

Taken together, Bill C-69 and its amendments are appropriately ambitious and historic. They reflect the adage that one has to swing for the fences if one wants to hit a home run. Bill C-69, as amended, does that.

I hope all members will support Bill C-69 and its changes so we can get on with the business of building an even better Canada, one where the way we manage and develop our natural resources truly reflects who we are as Canadians and the values we cherish most.

[Karen Vecchio, Conservative, Elgin—Middlesex—London, ON]

Mr. Speaker, earlier today I had the opportunity to ask the Minister of Environment a question, specifically looking at the Navigable Waters Act. Unfortunately, I was not able to get any information. I also indicated that I had spoken to the member for Edmonton Strathcona regarding the Navigable Waters Act. It was not discussed nor were those amendments discussed in committee.

I am from a rural community. One of the important factors is about farmers being able to get onto their fields to do the work that needs to be done. We can we look at municipal sewers as well as different systems.

Could the member share with us the impact the bill would have on farmers? From everything I am hearing, it is going to be negative. I am very concerned that all of this is going pull back on the abilities that had transpired for our farmers in the last six years.

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

Mr. Speaker, during my tenure on the environment committee as the member of Parliament for Bonavista—Burin—Trinity and working with other members of Parliament, I found it to be a great exercise.

As other hon. members have said, the committee worked extremely hard on the legislation. We accepted many briefs, and a lot of witnesses presented to our committee. During that entire process, we listened to experts, people from the environmental community, people from indigenous communities, industry, and Canadians from across the country on this issue. Based on the presentations and the information we heard from them, we brought forward a bill with these amendments, which we believe will marry the economy and the environment.

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

Mr. Speaker, I hope the member for Bonavista—Burin—Trinity will forgive me for correcting some of what he may believe actually happened but is revisionist history.

In 2012, it was the previous Conservative government that, for the first time ever, proposed that the offshore boards, the NEB, and the Canadian Nuclear Safety Commission should oversee environmental assessments. The Conservatives did not get around to the regulatory changes to put the offshore boards in that position.

I never thought I would see the day that the Liberals, who had railed against those changes in opposition and voted against them, would come into power and then proceed to make the Canada-Nova Scotia Offshore Petroleum Board and the Canada-Newfoundland and Labrador Offshore Petroleum Board responsible authorities under the Canadian Environmental Assessment Act.

My friend will know I disagree with this step. It is not with disrespect for the Newfoundland agency. It is because, by law, that regulator has a responsibility and a mandate to expand offshore oil and gas. It has a statutory conflict of interest, and it is probably the most objectionable part of an objectionable act that the regulator is playing a role in environmental assessment.

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

Mr. Speaker, as the hon. member is well aware, I totally disagree with her perspective on that issue. These organizations, the CNLOPB and the Canada-Nova Scotia Offshore Petroleum Board, bring to this process of future development a lot of experience, expertise, and knowledge.

For all the years of work that have gone on in Newfoundland and Labrador, the CNLOPB has made a tremendous contribution to the offshore oil and gas industry. We all want to protect our environment, but that experience cannot just be tossed aside. We need these people at the table.

[Dan Ruimy, Liberal, Pitt Meadows—Maple Ridge, BC]

Mr. Speaker, I would like to take this opportunity to thank my parliamentary colleagues for their careful review and analysis of our navigation protection legislation.

Many Canadians told us they were unhappy that the previous government's changes were made without an opportunity for them to participate and voice their concerns about the changes. My parliamentary colleagues changed that. They heard from Canadians and responded with recommendations and legislation that would protect Canadians' right to travel on all navigable waters in Canada.

This journey started almost two years ago when the government launched a broader review of environmental and regulatory processes. The broader review included the review of environmental assessment processes, the modernization of the National Energy Board, and the restoration of lost protections for the Fisheries Act and Canada's navigation protection legislation.

Reviewing the Navigation Protection Act is important to parliamentarians, so important that the Standing Committee on Transport, Infrastructure and Communities carried its own study of the act. The committee tabled its report in March 2017, taking into the account the views of witnesses and the many submissions received from interested Canadians. The committee's reported findings and recommendations helped supplement our review.

Consultations have been at the heart of this review. I would like to take this opportunity to also thank Canadians who contributed to the committee's study.

The committee's work opened the dialogue on the protections Canadians wanted to see for navigation in Canada. What did we hear? We heard that Canadians wanted to see protections for all waterways in Canada, including those left unprotected by the current law. We also heard that Canadians wanted a smarter way of protecting navigation, one that would put resources where they were needed most.

In June 2017, the government responded to the committee's report, accepting all of its recommendations. Shortly thereafter, the government released a discussion paper, setting out proposals for all four components of the broader review. This kicked off a second phase of consultations.

Consultations were held with other levels of government, indigenous peoples, voters, environmental non-governmental organizations, and industry. What we heard through the summer and early fall of 2017 helped us shape the proposed Canadian navigable waters act introduced in Parliament in February of this year as part of Bill C-69.

I would like to take this opportunity to recognize the work done by the Standing Committee on Environment and Sustainable Development. I would also like to thank the committee, the witnesses, and those who made written submissions for their time spent studying the new Canadian navigable waters act and providing their views.

Bill C-69 delivers on the government's commitment to restore lost protections by providing oversight for all works on all navigable waters in Canada. The Canadian navigable waters act in Bill C-69 would keep the minor works order. This order allows works with minor interference to navigation to be built, provided they meet the terms and conditions set out in the order.

The bill also introduces a new major works order. This order would require anyone building a major work with significant interference to navigation to apply to Transport Canada for an approval before building on any navigable water in Canada. Similarly, the bill would also require anyone building works, except minor works, on waters listed on the schedule to apply to Transport Canada for approval.

Works under the new Canadian navigable waters act not covered above would be subject to the new dispute resolution processes set out in the act. This process would require builders to notify the public before starting construction and to resolve any navigation related concerns. If these concerns are not resolved, the builder may be required to apply to Transport Canada for an approval. This process would allow local communities to have a say in the projects that could have an impact on their navigation. This is a good step forward.

I am pleased to see the committee has made important improvements to the new Canadian navigable waters act, including clarifications to the provisions related to indigenous knowledge, the sale of obstructions, and the regulatory power that allows the Governor in Council to exclude small bodies of water from the definition of navigable waters.

Perhaps the most important amendment is the one that makes it clear that changes to water levels and water flows will be considered when assessing the interference that works will have on navigation. Clearly navigation cannot continue if water levels are too low. The impact of works on water levels or water flows will be considered when works are assessed, and conditions can be put in place to mitigate these impacts.

I come from the riding of Pitt Meadows—Maple Ridge. We are a watershed community. When I was elected, one of the first things I did was gather a diverse group of people in the community who cared about the environment, who were interested in what was going on, and I listened to them. As a result, we spent almost two years talking to local stream keepers, talking to the municipality, talking to folks who care about the salmon and the connected waters. Through that we were able to put together a report on the Fisheries Act and on making amendments to it.

The one thing I kept hearing over and over again from everyone in my community was that the previous government had gutted not only the Fisheries Act but a lot of acts as well that were supposed to protect our environment. These steps that we are taking now are to restore those lost protections.

I would like to conclude by highlighting the extensive consultations that led us to this bill. Canadians truly had a say in restoring lost protections.

We have built on the foundation of the initial review by the Standing Committee on Transport, Infrastructure and Communities and the recent review by the Standing Committee on Environment and Sustainable Development with what Canadians told us they would like to see in navigation protection. Both committees have provided a key forum for ensuring that the views of Canadians are heard, and the bill responds to these concerns.

I cannot stress enough that I keep hearing from the opposition members that there was nothing wrong with their act, that everything was fine, everything was great, yet that is not what my community was telling me. That is not what I saw in my community. It is not what I see today when I see the challenges we face with fish and fish habitats and our waterways.

Before summer it is possible to canoe on the Katzie Slough with no problems whatsoever, but then halfway through the summer invasive species of plant life take over the entire slough, and people cannot even canoe over it. Those are real problems. They are not problems made up in the House. That is what is happening in our communities right now.

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

Mr. Speaker, I have been looking for an opportunity to ask one of the Liberal members this question.

We have a very large elephant in the room here tonight. While we talk about whether this impact assessment will apply to how indigenous people participate or whether the energy regulators will get in the door, the reality is that it is a failure because it no longer applies to the thousands of projects across Canada that were routinely reviewed before 2012.

Between 1975 and 2012, anything under federal jurisdiction required a review. Harper changed that from 4,000 to 5,000 projects a year to fewer than 100. In this bill, restricting reviews to a project list means that the Conservative Harper approach guides this legislation and that we will never see it applied to more than big, major projects, ignoring the advice of the expert panel that reported to the government.

I am heartsick about it. I ask my hon. colleague if there is any chance that amendments can be accepted to allow the bill to do what it should do and apply to all federal jurisdictions.

[Dan Ruimy, Liberal, Pitt Meadows—Maple Ridge, BC]

Mr. Speaker, when I look at this situation, I ask myself, “How did we get to where we are?” It did not happen overnight. It is a cumulative effect that has gone on for generations and generations.

The connected waters are no longer connected, so where is our starting point? We have to have a starting point. For me, one of the starting points was the Fisheries Act. How do we strengthen our Fisheries Act? How do we strengthen fish habitat? These are the things that allow us to start to move forward. For me, the navigable waters act is one of those things that can at least help us start to move forward and turn back the clock.