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

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 13, 2019 Passed Motion respecting Senate amendments to 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
June 13, 2019 Failed Motion respecting Senate amendments to 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 (amendment)
June 13, 2019 Passed Motion for closure
June 20, 2018 Passed 3rd reading and adoption 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
June 20, 2018 Passed 3rd reading and adoption 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
June 19, 2018 Passed 3rd reading and adoption 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 (previous question)
June 11, 2018 Passed Concurrence at report stage 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
June 11, 2018 Failed 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 (report stage amendment)
June 11, 2018 Failed 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 (report stage amendment)
June 11, 2018 Failed 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 (report stage amendment)
June 11, 2018 Failed 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 (report stage amendment)
June 11, 2018 Failed 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 (report stage amendment)
June 11, 2018 Failed 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 (report stage amendment)
June 6, 2018 Passed Time allocation for 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
March 19, 2018 Passed 2nd reading 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
March 19, 2018 Passed 2nd reading 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
Feb. 27, 2018 Passed Time allocation for 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

March 1st, 2018 / 5:25 p.m.


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Director, Legislative and Regulatory Affairs Division, Canadian Environmental Assessment Agency

Brent Parker

I'll add to that.

I have a different perspective on Bill C-69. As you heard from the first panel that was here, Department of Justice and CIRNA are leading the overarching approach with the principles guiding the governments writ large, but the way in which that has tangibly played out in a very real initiative is with the introduction of Bill C-68 and also Bill C-69.

with the principles guiding the governments writ large but the way in which that has tangibly played out in a very real initiative is with the introduction of Bill C-68 and also Bill C-69.

A number of different acts were all introduced as a comprehensive package. We worked on it very closely with NRCan, DFO, and Transport. There was horizontal coordination, a team, a lot of the elements that you highlighted in trying to ensure there's both an action plan that put it onto the table but that also is supporting it in the strategy going forward. There's enabling legislation but implementation and policy support will follow in a coordinated manner.

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Bill C-69 builds engagement, co-operation, and collaboration with indigenous groups, but there must be consent in order to proceed with major projects.

Is that right or wrong that there must be consent?

March 1st, 2018 / 5:10 p.m.


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Director General, Petroleum Resources Branch, Energy Sector, Department of Natural Resources

Terence Hubbard

Genevieve mentioned earlier in her remarks a number of different areas where we're moving in that regard. First off, in terms of the review of projects currently underway, the government in January 2016 announced its interim principles on how it would approach reviews and the decision-making processes, including enhanced engagements and consultations with indigenous communities as part of that process.

Through the proposed Bill C-69, there are a number of steps we are proposing to take to further implement these commitments, including incorporating indigenous participation right in the government's mechanisms of the new regulator, mini-oversight, strategic oversight board, as well as in the roster of commissioners who would hear projects.

March 1st, 2018 / 5:10 p.m.


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Acting Director General, Indigenous Policy and Coordination, Department of Natural Resources

Genevieve Carr

The department is committed to implementing the principles of the UN declaration. We will continue to do that. As I noted in my remarks, we have work to do to continue to implement those principles and they will continue. We will do it through legislation such as Bill C-69, and we feel that we've advanced and started to implement some of the principles there. We will continue to do it through the development of our policies and programs as we go forward.

March 1st, 2018 / 5:10 p.m.


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Director General, Petroleum Resources Branch, Energy Sector, Department of Natural Resources

Terence Hubbard

I would say that throughout the development of proposals included in Bill C-69, we have been striving towards implementing all of the principles of UNDRIP and it reflected in some of the engagement and consultation processes that we embarked on as part of that process.

Arnold Viersen Conservative Peace River—Westlock, AB

You'd say that general application changes to the law have to go through free, prior and informed consent. Bill C-69 has passed those hurdles? Would you say that there's free, prior and informed consent on Bill C-69?

March 1st, 2018 / 5:10 p.m.


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Director General, Petroleum Resources Branch, Energy Sector, Department of Natural Resources

Terence Hubbard

It's embedded in the framework that we're proposing through Bill C-69 to ensure that impacts on aboriginal rights are considered part of the review process and part of any decisions taken by the government.

March 1st, 2018 / 5:05 p.m.


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Director, Legislative and Regulatory Affairs Division, Canadian Environmental Assessment Agency

Brent Parker

Thanks for the question. You're right, they're in Bill C-69, when the impact assessment act is proposed. There is a new set of provisions, and they are certainly in line with, and in support of, the United Nations Declaration on the Rights of Indigenous Peoples.

The agency has been evolving over time in terms of moving away from just a de minimis standard of duty to consult, and looking at going above and beyond that in terms of engagement with indigenous peoples. What the impact assessment act will do is institutionalize some of those practices. The early planning process that you mentioned is one of those places where there's an obligation on the agency to offer to co-operate with indigenous jurisdictions. There's also a mandated obligation for the agency to consult with indigenous groups, and to collaboratively develop what's called an indigenous engagement plan. That's something that would be regulated. That plan would be co-developed with those groups that are implicated in the process, and would drive the impact assessment process that would take place after that.

Mike Bossio Liberal Hastings—Lennox and Addington, ON

I think that's pretty good.

Dominique, I would like to maybe have you speak to this as well, but really, through the lens of Bill C-69 and the standpoint of that early engagement process that will happen with indigenous communities, and indigenous communities participating directly and controlling, in some instances, impact assessment.

Genevieve Carr Acting Director General, Indigenous Policy and Coordination, Department of Natural Resources

Good afternoon, and thank you for your attention.

I, like my colleagues, wish to acknowledge that we are meeting today on unceded Algonquin territory.

Thank you for the invitation to speak today to support your study of Bill C-262.

My name is Genevieve Carr. I am the acting director general of indigenous policy and coordination, a new unit in the Department of Natural Resources, which reports directly to the deputy minister and which was formed to support efforts to foster reconciliation with Canada's indigenous peoples.

I wish to acknowledge my colleague, who has joined me today, Mr. Terry Hubbard, who is the director general of the petroleum resources branch in the energy sector of Natural Resources Canada.

My remarks today will focus on some the areas where Natural Resources Canada is working to proactively ensure that our policies, programs and legislation align with the United Nations Declaration on the Rights of Indigenous Peoples.

My department is transforming its internal operations and culture, reviewing its policies and practices, and working across government to align with the principles, norms and standards of the United Nations Declaration.

We support Minister Carr—I should note there is no relation, despite our shared last name—in his role as a member of the Working Group of Ministers on the Review of Laws and Policies Related to Indigenous Peoples. We work closely with our colleagues across government to support horizontal engagement and policy initiatives, such as the permanent bilateral mechanisms established with national Inuit, first nations, and Métis organizations, federal responses to the Truth and Reconciliation Commission's calls to action, and the recently launched engagement of a recognition and implementation of rights framework.

We are also advancing corporate change within our organization to increase cultural competencies of all staff within the department, and we are helping to transform the department so that it can become an employer of choice for indigenous Canadians.

Natural Resources Canada is changing how we work and partner with indigenous peoples, placing emphasis on creating lasting relationships that respect and recognize the rights of indigenous peoples. Examples include the department's Generation Energy dialogue on the shift to a low-carbon future, which was heavily shaped by its engagement with and perspective of indigenous peoples from across Canada.

This engagement is ongoing as the vision that grew from Generation Energy moves to being implemented. NRCan is driving inclusion of indigenous leadership in federal, provincial, and territorial fora, such as the Energy and Mines Ministers' Conference, and the Canadian Council of Forest Ministers, as well as international trade delegations to facilitate with jurisdictions that control many of the levers for resource development. The geo-mapping for energy and minerals program is another example that has allocated close to $1 million to northern indigenous organizations to develop tools and capacity to integrate science knowledge into decision-making by northerners, for northerners.

Natural Resources Canada is also taking measures to support self-determination through full and fair opportunities to indigenous peoples to participate in the natural resources economy. Some examples include the establishment of an economic pathways partnership to make it easier for indigenous groups potentially impacted by major pipeline projects to access existing federal programs, and help support job training and business opportunities. The indigenous forestry initiative supports forest-based indigenous economic development across Canada. This year it will provide over $2.5 million to indigenous communities and organizations for capacity and business development. The IFI is exploring options to move toward a shared governance model with indigenous peoples.

The green jobs science and technology internship program is starting to take action to target career-stream jobs for indigenous youth, recognizing the importance of opportunities for indigenous youth employment in the natural resources sector.

The interim approach for major project reviews allowed my department to enhance public and indigenous participation in projects undergoing reviews by the National Energy Board. As part of the interim approach, Minister Carr appointed a three-person panel, one member of which was indigenous, specifically to create opportunities to share views not already heard by government on the Trans Mountain expansion pipeline project. Enhanced indigenous engagement through the review process led to an $86-million federal investment to establish and co-develop two indigenous advisory and monitoring committees for National Energy Board-regulated pipelines. These committees are now actively working with the National Energy Board as projects move to construction. They're an important example of how co-development can advance shared goals of safety and protection of environmental and indigenous interests for federally regulated projects.

Lastly, my department is changing laws and policies to entrench a new way of doing business, both for government and for the private sector that has an interest in developing Canada's resources. The active participation of first nations, Inuit, and Métis organizations and communities from across Canada was key to our efforts to modernize the National Energy Board, given concerns around the nature and process of indigenous peoples' participation in the regulation of pipelines under federal jurisdiction.

To note, two of the five members of the NEB modernization expert panel were indigenous. Appointed by Minister Carr, the Minister of Natural Resources, the panel was tasked with conducting a targeted review of the board's structure, role, and mandate. Natural Resources Canada provided a total of $4 million in participant funding to 157 indigenous groups over a two-year period, to provide capacity for those groups to participate in the NEB modernization review.

Our experiences through the interim period, and the lessons learned through the NEB modernization process, were critical to shaping the proposal for a new Canadian energy regulator that was tabled as part of Bill C-69 last month in Parliament. The Canadian energy regulator, CER, will help oversee a strong, safe, and sustainable Canadian energy sector as we transition to a low-carbon economy. The regulator will conduct reviews that are more open, accessible, inclusive, and transparent. This will give communities and indigenous peoples a greater voice in their future.

I have provided a brief overview of some of the work my department is undertaking to align with the United Nations Declaration and have focused my remarks on: internal corporate changes and support to whole-of-government priorities; changes in how we partner externally to build meaningful relationships and create space for full and fair access to economic opportunities; the application of lessons and experiences from the last two years to propose new legislation for energy regulation in Canada.

This government set a new path for its relationship with its indigenous peoples in Canada, and our work is not done. We will continue to work closely with other departments on programs, policies, and initiatives that are aligned with the key principles of the declaration. We will also continue to support self-determination and engagement through programming that develops the capacity of indigenous peoples to participate in the natural resources sector and leverage that wealth creation to support their own priorities. We will continue to work closely with indigenous peoples to advance policies, programs, and regulations, including approaches to consider and protect indigenous knowledge in federally regulated energy project reviews; outline expectations for early engagement, planning, and roles for monitoring and oversight; enter into collaboration agreements on project reviews; and ensure we have appropriate indigenous representation on boards and panels.

Thank you for your attention. I look forward to answering any questions you may have.

Dominique Blanchard Assistant Deputy Minister, Public and Indigenous Affairs and Ministerial Services Branch, Department of the Environment

Thank you.

I'd like to acknowledge that we are here today on the unceded territory of the Algonquin people.

My name is Dominique Blanchard. I am the assistant deputy minister of the public and indigenous affairs and ministerial services branch at Environment and Climate Change Canada. I am joined today by my colleague Brent Parker, who is from the Canadian Environment Assessment Agency.

Thank you to the committee for inviting my department to contribute to this session on the subject of Bill C-262. In my remarks today, I will discuss the actions of Environment and Climate Change Canada in advancing reconciliation with indigenous peoples and in working toward fulfilling the government's commitment to adopt and implement the UN Declaration on the Rights of Indigenous Peoples. I will address the work already under way as well as the opportunities we see to further enhance relationships between my department and indigenous peoples and governments.

Indigenous peoples are leaders in conservation. They have long been stewards of the environment and have well established rights related to the use of the land, waters, ice and wildlife. They have knowledge of the environment that spans generations.

The mandate of Environment and Climate Change Canada is to protect the environment and to conserve the country's national heritage. We undertake weather forecasting; wildlife conservation; air and water quality monitoring and protection; water quantity monitoring for informed water management decisions; and, oversee and contribute to measures that mitigate against and adapt to climate change.

Accordingly, it is critically important for Environment and Climate Change Canada to maintain and build strong and positive relationships and partnerships with indigenous peoples, and to collaborate in defining our environmental future. This is a responsibility that extends to each and every part of our department.

We have a history of establishing and supporting partnerships that enable us to reflect the perspectives of indigenous peoples in the delivery of our mandate. We are proud of recent efforts we have made to expand and deepen those relationships at local, regional, national, and international levels. For example, we have established joint distinctions-based senior bilateral tables to support nation-to-nation, Inuit-to-crown, and government-to-government relationships to assist with the implementation of the pan-Canadian framework on clean growth and climate change. We work with indigenous peoples on projects to support the stewardship of natural resources, including through, for example, the co-management of conservation areas, wildlife management boards, and indigenous-led projects supported by the aboriginal fund for species at risk.

At the international level, Canada has been recognized for its leadership in advancing the local communities and indigenous peoples platform under the United Nations Framework Convention on Climate Change. Indigenous peoples have joined us in representing Canada on the delegations for this and other international fora, such as the Convention on Biological Diversity or the Intergovernmental Panel on Climate Change.

We're also establishing countless partnerships at the local and regional levels. For instance, the Canadian ice service is partnering with Inuit communities to understand sea ice information needs in light of changing ice patterns in the north. We are collaborating with first nations on a project to develop training curricula related to environmental monitoring. We are also supporting indigenous-led efforts to address environmental challenges affecting the Great Lakes.

Finally, we and the Canadian Environmental Assessment Agency, along with other federal partners here at the table, worked closely with indigenous partners in developing the recently tabled Bill C-69, which proposes important requirements concerning the engagement of indigenous peoples in the environmental review process and the use of traditional knowledge to inform decision-making.

Sustaining and enhancing partnerships of this nature, and supporting the broader work being done across government to advance reconciliation, has required Environment and Climate Change Canada to look internally, as well.

In May of last year, our department created a new branch, which I lead. Part of our mandate involves bringing cohesion and organization to the department's indigenous affairs and reconciliation activities, and bringing to ground broader government efforts in these areas within our department.

In this vein, we're developing governance structures to ensure effective cross-departmental collaboration, developing tools to support broader engagement and consultation with indigenous partners, and implementing training and awareness opportunities to develop the intercultural competencies of our employees.

We are also working closely with many of the colleagues you have and will be hearing from today in implementing the Truth and Reconciliation Commission's calls to action, the principles respecting the Government of Canada's relationship with indigenous people and, relevant to our discussion today, the United Nations declaration.

In our view, working towards aligning our work with the provisions of the UN declaration presents an opportunity for us to build trust with our indigenous partners; enhance the integrity of our policy-making, research, and analysis; and achieve better environmental outcomes for all Canadians. Several articles in the UN declaration are tied closely to our mandate in that they reflect indigenous people's rights concerning the stewardship of the environment. For example, article 24 speaks to rights related to conservation of medicines, plants, animals, and minerals. Article 31 relates to the maintenance and manifestation of traditional knowledge, including in relation to flora and fauna. Importantly, article 32 confirms the rights of indigenous peoples to determine and develop priorities and strategies for the development and use of their lands and resources.

In regard to these articles, Environment and Climate Change Canada is well situated to build upon existing practices and relationships. Through our engagement in the negotiation of treaties and other arrangements, ECCC works with indigenous partners to collaboratively conserve and protect wildlife and other environmental resources. Also, as a science-based department, we are working to ensure that traditional knowledge informs our work, and we are reviewing and refining our approach that freely shared traditional knowledge can better complement contemporary scientific research to inform decision-making. Lastly, we're working to build transparent and comprehensive engagement processes that respect the rights of indigenous peoples in determining how lands and resources are used.

Environment and Climate Change Canada recognizes that there is more to be done. This will involve the continued examination of our contribution to the government's reconciliation agenda, including the implementation of the United Nations Declaration. This will mean further strengthening our engagement with indigenous partners, and assessing new opportunities to align departmental programs, policies, laws and regulations with indigenous rights and interests. And we will need to do more work internally to build greater awareness amongst our employees of indigenous rights and interests, and of our related responsibilities.

In closing, I would like to thank you for the opportunity to highlight some of the efforts under way at Environment and Climate Change Canada to move forward on our commitment to support reconciliation with indigenous peoples, including through the implementation of the UN declaration. As a department, we are steadfastly committed to this important work.

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

We had two bills tabled just recently, Bill C-68 and Bill C-69. The government has committed to the UN Declaration on the Rights of Indigenous Peoples. Certainly, there are parts of those bills that talk to indigenous rights, but there was no language included in terms of the UN declaration, so despite the government's commitment to indigenous peoples in Canada, it tabled two important pieces of legislation that made no mention of these concepts, other than perhaps that they are going to aspire to getting this.

Can you tell me why was that missing from those pieces of legislation? I would presume that the justice department reviews these pieces of legislation in terms of these overarching commitments by the government.

Bill C-69—Speaker's RulingPoint of Order

March 1st, 2018 / 3:05 p.m.


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The Speaker Geoff Regan

I am now prepared to rule on the point of order raised on February 27, 2018, by the hon. member for Berthier—Maskinongé concerning the second reading 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, under the provisions of Standing Order 69.1.

I would like to thank the hon. member for having raised this question, as well as the hon. Parliamentary Secretary to the Leader of the Government in the House of Commons for his intervention on this point.

The hon. member argued that Bill C-69 is an omnibus bill, as she feels it contains several different initiatives which should be voted on separately. She noted that the bill would delete two existing acts, would enact new ones, and would amend over 30 other acts. The hon. member requested that the Chair divide the question at second reading to allow for a vote on each of the three main parts of the bill.

Part 1 would enact the impact assessment act and repeal the existing Canadian Environmental Assessment Act.

Part 2 would enact the Canadian energy regulator act as well as repeal the National Energy Board Act. The hon. member argued that this second part deals more with natural resources than with the environment and should therefore be voted upon separately.

Part 3 consists of amendments to the Navigation Protection Act, which would be renamed the Canadian navigable waters act. As this deals with matters relating to transportation, she felt that this part should also be subject to a separate vote.

The hon. member helpfully identified which of the consequential and coordinating provisions, contained in part 4, she believed were associated with each of the other parts. I am grateful for her specificity in this regard. I would note that these consequential and coordinating amendments represent the changes to the 30 other acts referenced by the hon. member. In the vast majority of cases, the changes are to reflect updated terminology relating to the names of new agencies or statutes created by the bill. The fact that there is a large number of them is not a significant factor in determining whether or not this constitutes an omnibus bill.

The hon. parliamentary secretary to the government House leader agreed that the bill amends several acts, but argued that there is in fact a common element to link together all of the changes. He stated that the bill represents a comprehensive review of federal environmental and regulatory processes and that to consider them separately would create unnecessary uncertainty about the overall framework.

As members will recall, Standing Order 69.1 took effect last September. It gives the Speaker the power to divide the question on the second or third reading of a bill where “there is not a common element connecting the various provisions or where unrelated matters are linked”. The critical question for the Chair, then, is to determine to what extent the various elements of the bill are linked.

To date, I have been asked to apply this standing order on two instances. On November 7, 2017, I declined to allow multiple votes in relation to Bill C-56, an act to amend the Corrections and Conditional Release Act and the Abolition of Early Parole Act, as I felt the two issues raised by the bill were sufficiently related and that they were essentially provided for under the same act. On November 8, I agreed to apply the standing order in relation to Bill C-63, the Budget Implementation Act, 2017, No. 2, as I considered that there were several issues contained in the bill that were not announced in the budget presentation. On November 20, in relation to Bill C-59, the national security act, 2017, I ruled that the standing order could not apply to a motion to refer a bill to committee before second reading, though I invited members to raise the issue again prior to third reading of the bill if necessary.

I would underscore, as I did in my ruling on Bill C-63, that the Chair does not have the power to divide a bill into different pieces of legislation to be considered separately. The Standing Order only allows me to divide the question on the motions for second and third reading for the purposes of voting.

Bill C-69 does clearly contain several different initiatives. It establishes two new agencies, the impact assessment agency and the Canadian energy regulator, and makes a series of amendments to the Navigation Protection Act. One could make the case, as did the parliamentary secretary, that there is indeed a common thread connecting these various initiatives, in that they are all related to environmental protection. However, the question the Chair must ask itself is whether the purpose of the standing order was to deal only with matters that were obviously unrelated or whether it was to provide members with the opportunity to pronounce themselves on specific initiatives when a bill contains a variety of different measures.

In presenting arguments relating to Bill C-63, the hon. member for Calgary Shepard raised an interesting concept from the practice in the Quebec National Assembly. Quoting from page 400 of Parliamentary Procedure in Québec, he stated: “The principle or principles contained in a bill must not be confused with the field it concerns. To frame the concept of principle in that way would prevent the division of most bills, because they apply to a specific field.”

While their procedure for dividing bills is quite different from ours, the idea of distinguishing the principles of a bill from its field has stayed with me. While each bill is different and so too each case, I believe that Standing Order 69.1 can indeed be applied to a bill where all of the initiatives relate to a specific policy area, if those initiatives are sufficiently distinct to warrant a separate decision of the House.

In this particular instance, I have no trouble agreeing that all of the measures contained in Bill C-69 relate to environmental protection. However, I believe there are distinct initiatives that are sufficiently unrelated that they warrant multiple votes. Therefore, I am prepared to allow more than one vote on the motion for second reading of the bill.

As each of the first two parts of the bill does indeed enact a new act, I can see why the hon. member for Berthier—Maskinongé would like to see each one voted separately. However, my reading of the bill is that the regimes set out in part 1, the impact assessment act, and part 2, the Canadian energy regulator act, are linked in significant ways, reflected in the number of cross-references. For example, the impact assessment act provides for a process for assessing the impact of certain projects, but contains specific provisions for projects with activities regulated under the Canadian energy regulator act. There are also obligations in the Canadian energy regulator act that are subject to provisions in the impact assessment act. Given the multiple references in each of these parts to the entities and processes established by the other part, I believe it is in keeping with the Standing Order that these two parts be voted together.

With respect to part 3, which amends the Navigation Protection Act, I find that it is sufficiently distinct and should be subject to a separate vote. While there are some references in part 2 to changes made in part 3, I do not believe they are so deeply intertwined as to require them to be considered together. There would be an opportunity to correct these references as part of the amending process if part 3 should not be adopted by the House.

As I stated earlier, part 4 of the bill is made up of consequential and coordinating amendments arising out of the other 3 parts. In my ruling on Bill C-56, I recognized that the analysis and division of a bill into different parts can sometimes be quite complex. Based on my reading of part 4, which differs slightly from that of the hon. member for Berthier—Maskinongé, clauses 85, 186, 187, and 195 seem to be related to part 3 and will be voted with that part. The remaining clauses in part 4, with the exception of the coming into force clause, specifically 196, appear to relate only to parts 1 and 2 and will therefore be grouped with those parts. The schedule relates only to part 1 and will also be grouped with it.

Business of the House

March 1st, 2018 / 3:05 p.m.


See context

Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, I too look forward to having our two weeks in the riding.

I can assure the hon. member and all Canadians that the Prime Minister and this government will always stay focused on the needs of Canadians.

This afternoon, we will continue to debate the Conservative opposition day motion. Tomorrow the House will debate Bill C-69, the environmental assessment legislation, at second reading.

When we return after two weeks in our ridings, we will have the last three days of budget debate on Monday, Tuesday, and Wednesday.

The Chair Liberal Deb Schulte

Before we leave the room...wait. Wait. You're not scaring anybody; just let me finish this up.

Thank you very much to our guests. I'm just going to carry on into what we're going to do. I want to make sure that when we come back...wait. Wait.

I'm sorry. You guys are fine to leave; the committee is not fine. They just have to listen for a minute.

It is very likely that we will be getting Bill C-69 very soon. I want to make sure that the committee is as prepared as we can be; I want to make sure everybody is okay.

I would like to let the universe know that it's likely going to come to the committee and I'd like to call for submissions. I want to make sure everybody is okay with our putting out a call for submissions.

We've already been polling for your witnesses. Some of you have sent them; not everybody has. We will get the witnesses as fast as possible so that we can put out a list to all of you, which we can then work on in the first week we're back.