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.

Bill C-69—Time Allocation Motion

[Catherine McKenna, Liberal, Ottawa Centre, ON]

Madam Speaker, I am very happy to say that we are going to do what the opposition party member wants to do.

We have very clear criteria guiding our decision-making. Obviously, we need clear criteria, and we need to look at how major projects impact the environment. Climate change is real, and we have to consider greenhouse gas emissions.

As I said, we have had a lot of discussions. In January 2016, we introduced the interim principles. We held consultations. I put together an expert panel, as did the Minister of Natural Resources, the Minister of Transport, and the Minister of Fisheries. Two committees looked at their issues. Then we had a discussion paper, and everyone had a chance to provide feedback. We had lots of consultations with indigenous peoples, we met with industry, and we talked to the provinces and territories and environmental groups.

Obviously, we all have the same interests. The Liberal Party's interests are the same as Canadians' interests. We want to make sure we have laws in place and rules for reviewing environmental processes that will protect the environment. We want to restore public confidence and respect indigenous rights. Those laws and rules also have to strengthen our economy and attract investment.

[John Nater, Conservative, Perth—Wellington, ON]

Madam Speaker, I have a simple question for the minister. She mentioned that she is happy to appear before a committee and answer any questions. How many hours is she committed to appearing before a committee?

[Catherine McKenna, Liberal, Ottawa Centre, ON]

Madam Speaker, this is a very important piece of legislation. We understand that we need to get this right. The committee process is extraordinarily important. I have said I am happy to appear before a committee. The committee also needs to hear from witnesses. There needs to be clause-by-clause.

I have great confidence in the committee. I want to commend everyone on the committee, from all parties, because they have done excellent work on a whole variety of files that are critical to protecting the environment. I know they are well up to the task.

[Christine Moore, NDP, Abitibi—Témiscamingue, QC]

Madam Speaker, I am quite stunned to see the Minister of the Environment move a time allocation motion when we have been debating the bill for only two hours.

I represent five first nations communities and people who are concerned about the environment. I am here to share their concerns and their proposals for improving the bill. If I am prevented from speaking at second reading, then I cannot share those concerns before the committee meets to propose and make amendments to the bill. I therefore cannot talk about all the corrections that should be made to the bill at the appropriate stage of the process, before the bill goes to committee. That is a big deal. The bill is being referred to committee without input from members about the corrections they would like to see made. Committee members will not have input from all members of the House on what needs to be done.

The Minister of the Environment needs to understand the problem she is creating by sending the bill to committee when members have not had the chance to speak to it or ask any questions. I am very disappointed in this attitude, especially considering that this bill amends 36 statutes. For example, as far as the Navigable Waters Protection Act is concerned, I spent over 60 hours on my own bill for Abitibi—Témiscamingue. The government, however, seems to think that two hours of debate on a vastly broader bill is enough. The French version of the bill is 400 pages long. I am stunned and absolutely disappointed with the attitude of the Minister of the Environment.

[Catherine McKenna, Liberal, Ottawa Centre, ON]

Madam Speaker, I thank my colleague for her question.

Indeed, it is very important to work in partnership with indigenous peoples. This is clearly the number one concern in my mandate letter, and I have taken this very seriously.

We worked together with indigenous peoples in drafting this bill, and we visited the communities. I spoke directly with a number of communities and national organizations representing the Inuit, Métis, and first nations peoples. That is also true for my other colleagues who worked on the process.

We want to hear from indigenous peoples. The committee will have the opportunity to hear witnesses, and that is very important. We also have a process to work with national indigenous organizations when we review the environmental assessment process. This is very important. This is what the Prime Minister asked me to do, and I take this very seriously.

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

Madam Speaker, this is a sad day for democracy. There are 338 members of Parliament here who were elected to represent their constituents. Canadians chose us to defend our laws and advance society.

I do want to commend the environment minister, for whom I have the utmost respect, on her excellent French. I urge her to share her knowledge and encourage her colleagues to speak more often in French. I truly appreciate it.

That said, could the minister explain why she is proposing a time allocation motion on such an important bill? She has a vision and speaks positively about this bill. She has a good mission and good values, so why does she want to muzzle parliamentarians?

Is the minister a victim of her government? I think that is what is happening.

[Catherine McKenna, Liberal, Ottawa Centre, ON]

Madam Speaker, I thank my colleague. I try hard to speak French. I am from Hamilton. My father is Irish and decided that the four McKenna children would go to a French-language school. I therefore thank my father for making that decision. I always try to learn more French and not to make mistakes.

That said, I take this matter very seriously. As I said, we held consultations across the country. We spoke with indigenous peoples, the industry, the provinces and territories, and all Canadians who wanted to participate in the process. It is very important that the Standing Committee on the Environment and Sustainable Development, which I highly respect, have the time it needs to hear from witnesses and to study the bill clause by clause. It is an important process. I am there to answer the detailed questions put by my colleague and all committee members.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Madam Speaker, nobody is questioning that the government spent two years consulting with stakeholders outside of this place. What we are concerned about is the absolute disdain for the House of Commons.

We were elected to represent Canadians. I have been reaching out for those two years, and since the bill was tabled, to find out whether this proposed legislation addresses their interests and concerns. There are deep concerns with the bill, which hopefully we will get into.

As a result of this time allocation, we have lost three-quarters of an hour when members could have debated the bill. It is reprehensible. This is the only public opportunity where Canadians can hear their concerns being raised. We will get to the clause-by-clause in committee all right, in camera.

I am wondering if the minister would commit today to working with her members to ensure that every Canadian who requests to be heard at committee can be heard and that the committee will travel to every corner of the country. Will she commit to truly getting back to people to find out if their concerns were addressed?

[Catherine McKenna, Liberal, Ottawa Centre, ON]

Madam Speaker, let me be clear. Over the 14 months, we travelled across the country. We heard from Canadians. We heard from environmentalists. We heard from industry. We heard from provinces and territories. We heard from indigenous peoples.

When Bill C-69 gets to environment committee, we need to make sure it has time to hear from witnesses, to review the bill, to go clause by clause. As I said, I would be very happy to answer detailed questions at committee.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

It is my duty to interrupt the proceedings at this time and put forthwith the question on the motion now before the House.

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

All those opposed will please say nay.

[Some hon. members]

Nay.