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

Sponsor

Status

Third reading (House), as of June 19, 2018

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Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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;

(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, provided by the Library of Parliament. You can also read the full text of the bill.

Votes

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

National Security Act, 2017Government Orders

June 18th, 2018 / 8:15 p.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I would say this to the hon. member for Esquimalt—Saanich—Sooke. I remember the fight we had in the 41st Parliament with respect to Bill C-51, the so-called Anti-terrorism Act, which I believe made Canada much less safe. It is hard for me to actually vote for Bill C-59 now, especially when I hear his very good arguments.

However, I will tell him why I am going to vote for Bill C-59. I am very relieved to see improvements to what I thought were the thought-chill provisions in Bill C-51, the rules against the promotion of unexplained terrorism “in general”. There are big improvements to the no-fly list. However, there are not enough improvements, for my taste, to the ability of CSIS to take kinetic action. The big failure in Bill C-59 in front of us is the information sharing around what Canadians are doing with other governments.

The irony for me is that the Liberals voted for Bill C-51 in the 41st Parliament and voted against the destruction of environmental assessments in Bill C-38. Ironically, I think they have done a better job now of fixing the bill they voted for than of fixing the bill they voted against, at least as far as environmental assessments go. Therefore, I am voting against Bill C-69 on environmental assessments. However, I am voting for Bill C-59. I am influenced a lot by Professors Craig Forcese and Kent Roach, who overall think this is an improvement. I do too, overall. However, it does not fix everything Bill C-51 did to make us less safe.

I appreciate the member's thoughtful analysis, and I am going to vote for it, but with misgivings.

Impact Assessment ActGovernment Orders

June 18th, 2018 / 4:35 p.m.
See context

Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, my hon. colleague from North Okanagan—Shuswap brings up a great point. I meant to bring it up, but I got so excited about all the other topics.

Bill C-69 and Bill C-68 are fluff pieces that kind of weighed into the 2015 campaign promises to the environmental groups. Fishermen groups have come to my office to tell me that when the Conservatives were in power, they could get in to see a minister, and now they need to go through an environmental group to see a minister. I have also heard that sitting around the table to develop this policy are more environmental groups than the actual stakeholders whom this is going to affect the most. We also know who is calling the shots at the highest level of government. It is Gerald Butts, who was the president and CEO of the World Wildlife Fund prior to coming to his current office and calling the shots.

Bill C-69 represents another fluff piece of legislation that both sides have said does not go far enough. I have said it before: Canadians and industry deserve a champion, and they are going to get one in 2019.

Impact Assessment ActGovernment Orders

June 18th, 2018 / 4:25 p.m.
See context

Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, I want to thank our colleague from Calgary Midnapore for a very heartfelt intervention. I think I have just scrapped my entire speech because of what our colleague has mentioned.

It brought me back to growing up in the Cariboo and what our thoughts and dreams were as kids. I was one of the those kids who wanted to be a hockey player and to move on. However, the reality was, we were probably going to become a logger or a farmer, because that is what we did, and that is what we do very well in the Cariboo.

Bill C-69 bring us back to yet another failed election promise of the Liberals and to some of what we have mentioned throughout this House over recent days, weeks, and months. When the member for Papineau was campaigning in 2015, he talked about letting debate reign, yet here we sit.

This is the 44th time allocation that has been imposed on this House, meaning that the members of Parliament on the opposition side, and the Canadians who elected them, have not had the full opportunity to present their feelings about what the government is doing, whether it is on Bill C-69, Bill C-59, Bill C-71, or Bill C-68.

Thank goodness that the Standing Orders dictate that private members' bills cannot be time allocated, and our late colleague, Senator Enverga's private member's bill, Bill S-218, has had the full breadth of comments and support.

Bill C-69 seeks to reverse the 2012 changes to the Canadian Environmental Assessment Act. I will bring us back again to the promise from the member for Papineau, or one of the Liberals, who said that the government would undertake a full review of laws, policies, and operational practices when it comes to the Canadian Environmental Assessment Act.

There are a number of people, groups, and organizations that have serious concerns over what Bill C-69 proposes. Our hon. colleague has mentioned, and it has been mentioned before, that most notably the legislation says it intends to decrease the timelines for both major and minor projects. Unfortunately, there are a myriad of ministerial and Governor in Council exemptions that can be exercised to slow down approvals.

What Bill C-69 represents is not a further clarification of the rules and regulations so that project proponents and those who are trying to enforce the act know where they stand, but rather it muddies the waters. What we have heard time and again, what the committee heard time and again, was that it was a wait and see. There was a lot of concern, and indeed those very groups, the environmental groups, that the Liberals campaigned to and got their vote are now saying that it does not meet the standards.

We have seen this over and over again with the government. It likes to say it has consulted with Canadians, and its Liberal members stand with their hand on their heart and talk about how important consultation is. Yet we know, time and again, as it is with the cannabis legislation, the Liberals are rushing legislation through without fully looking at some of the concerns that have been brought forward by the groups, the organizations, and the stakeholders who are going to be most impacted.

Let us talk about the Arctic surf clam in my file. I cannot stand up and do a speech nowadays without bringing up this injustice. The minister was given the authority and the discretion to go in and implement policy, without anybody checking how this would impact the stakeholders, and without the minister consulting about how that policy would impact those on the ground, the stakeholders, whose livelihoods truly depend on the Arctic surf clam fishery. These are some of the concerns that we have.

When the member for Papineau was campaigning, he said that omnibus bills were done for, and yet here we are again debating another 400-page piece of legislation.

He also talked about maybe having a small deficit of $10 billion. We now know that it will not be our children but our grandchildren who will see a balanced budget, because of the Liberal government's spending.

Bill C-69 represents more broken promises, and it does nothing to give confidence to industry. We know at this time that foreign investment is fleeing our nation at record levels. The CEO from Suncor recently spoke to Bill C-69 and said that it had absolutely put a nail in the coffin of Canadian investment in industry.

The government would like everyone to believe that it knows best and that the Ottawa-developed policies have the best intentions for Canadians, yet the Liberals are not listening when Canadians are speaking. They are not allowing members of Parliament to stand and bring the voices of Canadians to Parliament.

It would not be one of my speeches if I did not remind the House and Canadians that the House does not belong to me, and it sure as heck does not belong to those on the government side. It belongs to Canadians. All 338 members of Parliament and the Canadians who elected them deserve to have a say and to have their voices heard. When the government is forcing time allocation on pieces of legislation that fundamentally are going to have an impact on Canadians' lives, Canadians deserve to have a say.

Industry is shaken at the government's lack of consultation and lack of understanding on how we are moving forward. A good friend of mine, the hon. member for North Okanagan—Shuswap, asked our colleague from Calgary Midnapore about the industry's lack of confidence. Is it the carbon tax and the fact that the government refuses to tell Canadians how much it is going to be? Is it Bill C-69, the regulatory environment, that is shaking the confidence of the industry? Is it other legislation that is shaking the confidence of industry, or is it all of the above?

I would offer one more. The Prime Minister, in one of his earliest speeches to the world, spoke about how Canada was going to be known more for its resourcefulness than for its natural resources. The Liberals have waged war against our energy sector from day one. He said he wished the government could phase out the energy sector sooner and apologized for it.

Canadians and the energy sector, our natural resource industry, deserve a champion. The Minister of Natural Resources has said that it is about time our forestry producers and our energy producers got in line with what the world is doing in terms of technology and sustainable harvesting.

Whether it is our softwood lumber producers, our oil and gas producers, our fishermen on the Atlantic and Pacific coasts, or our farmers, Canada has some of the best, if not the best, in terms of technology and harvesting. They are leading the way. They just need a champion. Guess what? They will have that in 2019, when the Conservatives regain the right side of the House.

Impact Assessment ActGovernment Orders

June 18th, 2018 / 4:20 p.m.
See context

Conservative

Stephanie Kusie Conservative Calgary Midnapore, AB

Sadly, Mr. Speaker, my colleague from North Okanagan—Shuswap knows that the response is “all of the above”. It is for a multitude of reasons that we are in fear of this piece of legislation, and for all of those reasons, the project approval, the uncertainty in regard to market access, the foreign investment that is in large exodus from Canada. The sad thing is that there are so many other reasons beyond those three, and as they relate specifically to Bill C-69, they are the carbon tax, red tape, taxation structures in general. It is a very unfortunate time for not only the oil and gas sector, but for Canadian industry in general. I am very worried for the future of not only my son, but for all the young inhabitants of Calgary Midnapore.

Impact Assessment ActGovernment Orders

June 18th, 2018 / 4:10 p.m.
See context

Conservative

Stephanie Kusie Conservative Calgary Midnapore, AB

Mr. Speaker, I will be splitting my time today with the hon. member for Cariboo—Prince George.

The proposed legislation before us is very concerning for me, and I will tell members why.

I am a member of Parliament who is very fortunate to have grown up in my riding of Calgary Midnapore and to represent the place where I grew up. Calgary Midnapore is a beautiful riding in the south-central part of Calgary. It is home to five beautiful lakes. I was very fortunate to have grown up in one of these lake communities, called Lake Bonavista. In addition to Lake Bonavista, there is Lake Midnapore, Lake Chaparral, and Lake Sundance. We are so very fortunate to have come from these communities, which are lovely family environments. People grow up in the summer swimming in these lakes and in the winter skating on them. These communities really are the backbone of the riding.

These communities were built on the back of the energy sector, the oil and gas sector. It is something everyone in the community recognizes. Everyone is very proud that these lovely communities were built with the oil and gas sector. When we went to school in Calgary Midnapore, it was with the hope that one day, we would go on to high school and perhaps the University of Calgary, where we have prestigious business and engineering programs. I am a very proud graduate of the University of Calgary.

When I went to my niece Samantha's grade 4 graduation six years ago, all the students who were moving on to middle school went to the microphone and said what they hoped to do. Outside of many young people there wanting to be hockey players, so many said that they wanted to be accountants or engineers like their moms and go on to work in the oil and gas sector.

This was just part of who we were and our upbringing. We would grow up in these lovely communities and get an education with not only the hope but the confidence that we would have good jobs in the oil and gas sector when we were finished our education. We would get married, raise families, and have confidence that we would be able to provide for our families as a result of the oil and gas sector, which was so relied upon by this community for so long. It was such a backbone of not only Calgary Midnapore but of Calgary itself, Alberta, and beyond. It is similar, perhaps, to how people in our capital might reference the public sector.

In addition to that, there was an appreciation of the National Energy Board. It was seen as an institution in Calgary. It was well understood that the decisions that came out of the National Energy Board had gone through a rigorous process, with proper consideration of all the factors necessary to support a thriving oil and gas sector and a prudent oil and gas sector, one that took into account the many needs and considerations of project approval.

These are two sacred cows in the riding I represent and grew up in: the oil and gas sector, and the confidence within that sector; and the National Energy Board. Unfortunately, with Bill C-69, we are seeing these concepts, these things Calgarians count on, thrown out the window entirely. These things will not exist any longer as we knew them before.

It is because of these considerations that provide so much more uncertainty in this sector, not only for the citizens of Calgary Midnapore, but in Calgary and beyond. Of course, the considerations I am referring to are numerous, but they include health, social issues, gender issues, and indigenous rights.

Therefore, going forward, everything has changed as we know it in the oil and gas sector for my constituents of Calgary Midnapore. We are seeing this take place in a number of ways, and one is in the uncertainty of project approval. I have a quote from the Canadian Energy Pipeline Association.

CEPA is very concerned with the scope of the proposed new Impact Assessment process. From the outset, CEPA has stated that individual project reviews are not the appropriate place to resolve broad policy issues, such as climate change, which should be part of a Pan-Canadian Framework. Including these policy issues adds a new element of subjectivity that could continue to politicize the assessment process.

That is what I said when the NEB review came out last year. I said that the right hon. Prime Minister wrote the report he wanted, and he got the outcomes he wanted in regard to what I believe is essentially destroying the NEB. Everything certainly has changed.

We are hearing a lot of other things in regard to project approvals from industry members themselves, who are very concerned. Here is a quote from a land manager at Cona Resources, a foreign investment company that has left Canada. I will talk a little more about this later, but it is not alone in its exodus. It said, “To a certain extent, Canada will remain a higher cost country because of the social infrastructure that we have in place and our social licence to operate. While there is some opportunity to reduce some of those, the costs are not a net benefit to the country. I don't think that is what is deterring foreign investment. I think if we had greater consistency in both the royalties and taxation structure, people would be more comfortable. The uncertainty is what drives away project approval and foreign investment, and you have to sort of rely on your desire. If the project is a net benefit to Canada as a whole, you have to trust that the federal government will be able to enforce the decisions that were made, and trust that they are making the right decisions.”

Therefore, Bill C-69 is very concerning to industry members as well.

With regard to uncertainty to market access, we have seen that in a number of projects recently. Petronas LNG, a $36-billion project, has left Canada as a result of the uncertainty of project approval, and therefore market access. Keystone, with 830,000 barrels of oil a day, an $8-billion project, is at this time not going forward. Energy east, a $15.7-billion project, was abandoned, squarely on the NEB decision to consider direct and indirect greenhouse emissions. Northern gateway would have provided close to 4,000 jobs.

What else are we seeing? We are seeing foreign investment fleeing, as I mentioned previously. The corporations are too numerous to mention, but I will name a few of them. There is Royal Dutch Shell. It has gone. Growing up in Calgary Midnapore, I remember during the 1988 winter Olympics, people wearing their Shell jackets with pride. There is Statoil, a Norwegian company. We have heard a lot about Norway in our conversations here. Marathon Oil is out the door, as is ConocoPhillips. Investment is simply not attractive in Canada at this time, and we continue to see these investments leaving Canada.

I mentioned previously an event I went to called SelectUSA, where the U.S. consulates network is working very hard to attract even Canadian investment outside of Canada to the States. That is because that environment is providing a more competitive environment and better place for corporations to do business at this time.

In conclusion, I will say for Calgary Midnapore and Canadians that things will never be the same after Bill C-69.

Standing Order 69.1—Bill C-59—Speaker's RulingPoint of OrderRoutine Proceedings

June 18th, 2018 / 3:55 p.m.
See context

Conservative

The Deputy Speaker Conservative Bruce Stanton

The Chair is now prepared to rule on the point of order raised June 11, 2018 by the hon. member for Beloeil—Chambly concerning the applicability of Standing Order 69.1 to Bill C-59, an act respecting national security matters.

The Chair 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.

The hon. member argued that Bill C-59 is an omnibus bill as he feels it contains several different initiatives which should be voted on separately. On a point of order raised on November 20, 2017, he initially asked the Chair to divide the question on the motion to refer the bill to committee before second reading. As the Speaker ruled on the same day, Standing Order 69.1 clearly indicates that the Chair only has such a power in relation to the motions for second reading and for third reading of a bill. The Speaker invited members to raise their arguments once again in relation to the motion for third reading.

The hon. member for Beloeil—Chambly pointed out that each of the three parts of the bill enacts a new statute. Part 1 enacts the national security and intelligence review agency act, part 2 enacts the intelligence commissioner act, while part 3 enacts the Communications Security Establishment act. He argued that since each of the first two parts establishes a new entity, with details of each entity's mandate and powers, and since the third significantly expands the mandate of the CSE, he felt they should each be voted upon separately. He also argued that each part amends a variety of other acts, though the chair notes that in most cases, these are consequential amendments to change or add the name of the entities in question in other acts.

The hon. member argued that parts 4 and 5 of the bill should be voted on together. They deal with new powers being given to the Canadian Security Intelligence Service, CSIS, relating to metadata collection and threat disruption, as well as with the disclosure of information relating to security matters between government departments.

As part 6 deals with the Secure Air Travel Act and what is commonly referred to as the “no-fly list”, he felt that this was a distinct matter and that it should be voted upon separately.

Finally, the hon. member proposed grouping together parts 7, 8, 9, and 10 for a single vote. Part 7 deals with changes to the Criminal Code relating to terrorism, while part 8 deals with similar concepts in relation to young offenders. Part 9 provides for a statutory review of the entire bill after six years, while part 10 contains the coming into force provisions.

In his intervention on the matter, the hon. parliamentary secretary to the government House leader indicated that the provisions of the bill are linked by a common thread that represents the enhancement of Canada’s national security, as well as the protection of the fundamental rights and freedoms of Canadians. In order to achieve these objectives, he mentioned that it is necessary for Bill C-59 to touch on a number of acts, and that the bill should be seen as a whole, with several parts that would not be able to achieve the overall objective of the bill on their own. He concluded that Standing Order 69.1 should not apply in this case.

Standing Order 69.1 gives the Speaker the power to divide the question on a bill where there is not a common element connecting all the various provisions or where unrelated matters are linked.

Bill C-59 does clearly contain several different initiatives. It establishes new agencies and mechanisms for oversight of national security agencies and deals with information collection and sharing as well as criminal offences relating to terrorism. That said, one could argue, as the parliamentary secretary did, that since these are all matters related to national security, there is, indeed, a common thread between them. However, the question the Chair must ask itself is whether these specific measures should be subjected to separate votes.

On March 1, 2018, the Speaker delivered a ruling regarding Bill C-69 where he indicated that he believed Standing Order 69.1 could be applied to a bill with multiple initiatives, even if they all related to the same policy field. In this particular case, while the Chair has no trouble agreeing that all of the measures contained in Bill C-59 relate to national security, it is the Chair's view that there are distinct initiatives that are sufficiently unrelated as to warrant dividing the question. Therefore, the Chair is prepared to divide the question on the motion for third reading of the bill.

The hon. member for Beloeil—Chambly has asked for six separate votes, one on each of the first three parts, one on parts 4 and 5, one on part 6, and one on parts 7 to 10. While the Chair understands his reasoning, it does not entirely agree with his conclusions as to how the question should be divided.

As each of the first three parts of the bill does, indeed, enact a new act, the Chair can see why he would like to see each one voted upon separately. However, the Chair's reading of the bill is that these three parts establish an overall framework for oversight and national security activities. For example, the national security and intelligence review agency, which would be created by part 1, has some oversight responsibilities for the Communications Security Establishment provided for in part 3, as does the intelligence commissioner, established in part 2. Furthermore, the intelligence commissioner also has responsibilities related to datasets, provided for in part 4, as does the review agency. Given the multiple references in each of these parts to the entities established by other parts, these four parts will be voted upon together.

Part 5 deals with the disclosure of information between various government institutions in relation to security matters. While the relationship between it and the first four parts is not quite as strong, as the member indicated that he believed that parts 4 and 5 could be grouped together, the Chair is prepared to include part 5 in the vote on parts 1 to 4.

The hon. member for Beloeil—Chambly has not addressed the question of the new part 1.1 added to Bill C-59 by the adoption of an amendment to that effect during clause-by-clause consideration of the bill. Part 1.1 enacts the avoiding complicity in mistreatment by foreign entities act, which deals with information sharing in situations where there is a risk of mistreatment of individuals by foreign entities. Since the national security and intelligence review agency, created by part 1 of the bill, must review all directions prescribed in this new part, it is logical that this part be included in the vote on parts 1 to 5.

The Chair agrees with the hon. member that part 6 dealing with the “no-fly list” is a distinct matter and that it should be voted upon separately. The Chair also agree that parts 7 and 8 can be grouped together for a vote. Both largely deal with criminal matters, one in the Criminal Code and the other in the Youth Criminal Justice Act.

The Chair has wrestled with where to place parts 9 and 10. They are, in the words of the hon. member for Beloeil—Chambly, largely procedural elements, but they apply to the entire act. Part 9 provides for a legislative review of the act, while part 10 contains the coming into force provisions for the entire act. The Chair also must ensure that the title and preamble of the bill are included in one of the groups.

There is an obvious solution for coming into force provisions in part 10. Since clauses 169 to 172 relate to the coming into force of parts 1 to 5 of the bill, they will be voted on with those parts. As clause 173 deals with the coming into force of part 6, it will be included in the vote on that part.

This leaves the title and the preamble as well as the legislative review provided for in part 9, which is clause 168. Though these apply to the entire bill, the Chair has decided to include them in the largest grouping, which contains parts 1 to 5 of the bill.

Therefore, to summarize, there will be three votes in relation to the third reading of Bill C-59. The first vote will deal with parts 1 to 5 of the bill, as well as the title, the preamble, part 9 regarding the legislative review, and clauses 169 to 172 dealing with coming into force provisions. The second vote relates to part 6 of the bill and the coming into force provisions contained in clause 173. The third vote relates to parts 7 and 8 of the bill. The Chair will remind hon. members of these divisions before the voting begins.

I thank all hon. members for their attention.

Business of the HouseOral Questions

June 14th, 2018 / 3:10 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, this afternoon, we will finish debating the last opposition day motion in this supply cycle. Then, we will debate the main estimates.

Tomorrow morning, we will begin third reading of Bill C-68 on fisheries.

Next week will be a a busy one. Priority will be given to the following bills: Bill C-45 on cannabis, Bill C-59 on national security, Bill C-64 on abandoned vessels, Bill C-69 on environmental assessments, and Bill C-71 on firearms.

Impact Assessment ActGovernment Orders

June 12th, 2018 / 11:45 p.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I have looked up the mandate letter the Minister of Natural Resources received, dated November 12. It says that in relation to environmental assessment and working with the environment minister, he is to “restore robust oversight and thorough environmental assessments of areas under federal jurisdiction”.

I want to highlight that part, “federal jurisdiction”, because the expert panel the government mandated to look into environmental assessment, at a cost of over $1 million, came back with the clear advice that federal jurisdiction include, “at a minimum, federal lands, federal funding and federal government as proponent, as well as: Species at risk; Fish; Marine plants; Migratory birds; Indigenous Peoples...; Greenhouse gas emissions”, and the list goes on.

However, the government chose to ignore the mandate letter, to ignore its campaign promises, and to deliver in Bill C-69 not reviews of environmental assessments for areas of federal jurisdiction but only for major projects, which will be found on a list we can see later. The government explicitly said it does not include federal funding. It explicitly said that this is not about federal jurisdiction, for instance, for permits issued by the Minister of Transport under the Navigation Protection Act or permits issued by the Minister of Fisheries. Therefore, the undoing, the wrecking of environment assessment law by the previous government, is being entrenched by the current government.

Why did the Minister of Natural Resources ignore his mandate letter?

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June 12th, 2018 / 11:40 p.m.
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Conservative

Ed Fast Conservative Abbotsford, BC

Madam Speaker, I want to follow up on the question posed by my colleague, and it has to do with UNDRIP, the United Nations Declaration on the Rights of Indigenous Peoples. Implicit in that is free, prior, and informed consent. That is an element that we in the Conservative Party have some serious concerns about because of the possibility of it being interpreted as being an absolute veto right.

However, in the last election, the Prime Minister made it very clear that he would incorporate UNDRIP into all legislation in Canada. In fact, earlier this year, there was a vote in the House on Bill C-262, a bill from the NDP, which agreed that UNDRIP would be incorporated into all government legislation.

At the amendment stage of Bill C-69, the NDP and the Green Party brought forward 25 different amendments asking the Liberal government to incorporate UNDRIP in the legislation, as it promised during the election campaign. On 25 different occasions, the Liberal government and the Liberal members of that committee voted no. They opposed the inclusion of UNDRIP.

Why would Liberal members of the committee vote against UNDRIP 25 times, when the Liberal government made such a clear commitment to incorporate it?

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June 12th, 2018 / 11:20 p.m.
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Northumberland—Peterborough South Ontario

Liberal

Kim Rudd LiberalParliamentary Secretary to the Minister of Natural Resources

Madam Speaker, it is an honour to rise again in the House to speak to a piece of legislation that represents a major turning point in how Canada develops its vast resources.

After listening to the discussions over the past while, it is important that we come back to a sense of reality. This is legislation that strengthens investor confidence, restores public trust, advances indigenous reconciliation, and enhances environmental performance, all while ensuring that good resource projects get built in a timely, transparent, and responsible way. It is legislation that has also been improved by committee review, the input of its witnesses, and the advice of its members.

Today, we have an amended bill that not only reflects, but confirms, our belief that Canada works best when Canadians work together. It is an even better bill that delivers on our government's vision for Canada in this clean growth century, and one that supports our goal of making Canada a leader in the global transition to a low-carbon economy.

This is critical because the world is at a pivotal moment when climate change is one of the greatest challenges of our generation, and when marrying the strength of prosperity with the protection of our environment is the new imperative.

Bill C-69 would do that. It recognizes that Canada was built, in large measure, through investments and innovation in the natural resource sectors. It addresses our need for a new and more effective approach to environmental assessments and regulatory reviews. It helps to ensure Canada capitalizes on a new wave of resource development that could top $500 billion over the next 10 years.

Canadians get that. They told us so through our extensive pre-consultations on Bill C-69, in response to our discussion paper, and again in committee. They also stepped forward in unprecedented numbers to join Generation Energy, our national discussion on Canada's energy future that culminated in a two-day forum in the minister's home city of Winnipeg just last fall.

What did we hear? Hundreds of thousands of Canadians made it clear to us that they want a thriving, low-carbon economy. They want Canada to be a leader in clean technology and innovation. They want an affordable and reliable energy system, one that provides equal opportunities to Canadians without harming the environment. They want smart cities with integrated energy systems, increased energy efficiency, and low-carbon transportation. They want rural and remote communities to have better options than diesel for generating electricity or for heating their homes.

They also told us they want regulatory reform that includes increased transparency and more communication with Canadians to restore public confidence. They want regulatory reform that ensures indigenous peoples are part of the decision-making, and that they benefit from the opportunities that resource development creates. They want regulatory reform that supports a competitive and sustainable resource sector, one that creates good jobs and shared wealth. They want regulatory reform that takes the politics out of decision-making so that science, facts, and evidence carry the day. We agree with all of that.

This is why we created a 14-member Generation Energy council, which came out of the two-day forum, to maintain the momentum and develop recommendations on how best to move forward on everything we had heard. That council is due to report shortly, but much of the optimism of Generation Energy, and many of the ideas from it, have already found their way into Bill C-69.

The amended bill also reflects what committee heard from indigenous peoples, and includes an even clearer commitment to the United Nations Declaration on the Rights of Indigenous Peoples by enshrining it in the bill's preamble and by providing greater transparency regarding the way indigenous knowledge is used and protected.

Other amendments respond to issues important to industry, including concerns that the length of a project review could cause uncertainty. The proposed amendments address this by establishing a baseline of 300 days for review panels involving federal regulators, and a timeline of 45 days to appoint panel members; by improving the transition provisions so that there are clear and objective measures to confirm our commitment that no project will go back to the starting line; by providing new incentives to encourage the proponents of existing projects to proceed under the new impact assessment regime; and by clarifying that final decisions on resource projects are based on, and do not just consider, the assessment report and other key factors set out in the legislation, including both positive and negative impacts.

As amended, Bill C-69 would also address concerns raised by environmental groups to strengthen public participation and transparency. These include placing additional emphasis on meaningful participation; ensuring opportunities for public comment are always part of the review process for projects on federal lands; posting a broader range of information online and for longer; fine-tuning the role of federal life cycle regulators on a review panel, while ensuring impact assessments continue to benefit from their expertise; and the list goes on.

The Standing Committee on Environment and Sustainable Development has done excellent work, and its amendments only build on the legislation's strengths. The proposed changes capture the spirit of a bill that will not only improve the way Canada reviews major resource projects, but can ultimately redefine the way projects are even contemplate.

By providing project proponents with clearer rules, greater certainty, and more predictability, we also ensure local communities have more input and indigenous peoples have more opportunities in the resource sectors.

For example, Bill C-69 would help us ensure project proponents and their investors would know what was expected of them from the outset, by introducing an early engagement and planning phase to identify the priorities and concerns of each new project. This would allow resource companies to plan better, engage earlier, and develop smarter, all of which would bolster their competitiveness, enhance performance, and move Canada to the forefront of the clean growth economy.

At the same time, our new approach would rebuild public confidence by introducing greater transparency and stronger protections for the environment, while advancing reconciliation with indigenous peoples and giving Canadians a more meaningful say. Of course, none of this guarantees unanimity. We cannot legislate agreement with every decision a government makes. However, with Bill C-69 and its amendments, Canadians would always know their voices were heard, their evidence was considered, and the process was fair.

For Canadians tuning in for the first time, Bill C-69 would do all of this by taking a more comprehensive approach to resource development, starting with the principle of “one project, one assessment”. To support this, our legislation proposes the creation of a new government agency for impact assessments. The impact assessment agency of Canada would be responsible for a single integrated and consistent process that would include the specialized expertise of federal regulators, which is where our simultaneous creation of a new, modern, and world-class federal energy regulator would come in.

The Canadian energy regulator would replace the National Energy Board and would be given the required independence and proper accountability to oversee a strong, safe, and sustainable Canadian energy sector in this clean growth century, starting with five key changes: more modern and effective governance; increased certainty and timelier decisions for project proponents; enhanced public consultations; greater indigenous engagement and participation; and stronger safety and environmental protections. The amendments support these goals by proposing changes to respond to such things as the evolving landscape for indigenous rights and new technologies that promote greater transparency and broader public engagement.

Before I highlight some of the important ways the amended bill would do these things, it is useful to take a step back and talk about the motivations behind our plans for a new federal energy regulator.

When our government came to office, we started from the very simple premise that while the National Energy Board had served Canadians well, it needed modernization to reflect the fact that its structure, role, and mandate had remained relatively unchanged since the National Energy Board Act was first introduced in 1959.

That is what the Canadian energy regulator act would do. It proposes a new federal energy regulator with clearer responsibilities, greater independence, and more diversity. For example, we would separate the regulator's adjudicative function, which demands a high degree of independence, from its daily operations, where a high degree of accountability is required.

We would do this by creating a board of directors to provide oversight, strategic direction, and advice on operations, while a chief executive officer, separate from the board, would be responsible for day-to-day operations. In addition, there would be a group of independent commissioners responsible for timely, inclusive, and transparent project reviews and decision-making, the very things Canadians have been telling us and that witnesses told the committee.

The amended Bill C-69 also enhances the diversity and expertise of the new regulator's board of directors and commissioners, with a fair and transparent recruitment process to identify the most qualified candidates; a new emphasis on expertise in indigenous knowledge as well as municipal, engineering, and environmental issues; and a requirement for at least one member of the board of directors and one commissioner to be first nations, Métis, or Inuit.

The amended legislation proposes to restore investment certainty by making regulatory reviews more timely and predictable without compromising on public input, indigenous engagement, or environmental protection.

I have already touched on some of the key changes proposed by the committee: establishing a baseline of 300 days for review panels, ensuring panel members are appointed within 45 days, and confirming that no existing projects are sent back to the starting line.

These measures build on the bill's underlying principle of one project, one assessment and the new Impact Assessment Agency of Canada's responsibility for coordinating consultations with indigenous people.

Bill C-69 proposes that all of this work will be carried out in closer collaboration with the new Canadian energy regulator, making its reviews clearer, its powers more defined, and its timelines for decision shorter, more predictable, and better managed, with fewer opportunities to pause the ticking clock.

In addition, the new federal regulator would retain final decision-making authority for minor administrative functions such as certain certificate and licence variances, transfers, and the suspension of certificates or licences. The Canadian energy regulator act would also restore the regulators' pre-2012 decision-making authority to issue a certificate for major projects subject to cabinet approval. This change is important because it removes the federal cabinet's ability to overturn a negative decision from the CER, but maintains cabinet's right to ask commissioners to reconsider their decisions.

Other amendments in the bill would advance our commitments to greater public consultation and indigenous engagement. The CER act already featured more opportunities for Canadians to have their say including the elimination of the NEB's existing test for standing; explicit consideration of environmental, social, safety, health, and socio-economic issues, as well as gender-based impact on any effects on indigenous peoples; expanded participant funding is also extended to new activities; and more opportunities outside of the traditional hearing process for public debates and discussions.

The amendments to the Canadian energy regulatory act offer greater clarity.

On indigenous knowledge, for example, our new protections would be enhanced through a requirement for consultations before any details could be disclosed and the minister would be able to place conditions on their disclosure based on those consultations. The bill would now also require, rather than just provide, options for a committee to provide advice on enhancing indigenous peoples involvement under the Canadian energy regulator act. Other changes would ensure that public and indigenous participation is more meaningful and that Canadians have the information, tools, and capacity to contribute their perspectives and their expertise.

Finally, the amendments on Bill C-69 expand on our efforts to clarify ministerial discretion and ensure stronger safety and environmental protections. For example, through committee's proposed changes to the Canadian energy regulator act, the public decision statements would clearly demonstrate how a report formed the basis for the decision, and how key factors were considered. As well, future exemption orders would only be made to ensure safety and security, or for the protection of property or the environment.

These are in addition to existing provisions in the CER act, such as assigning new powers to federal inspection officers so they can act quickly and, if necessary, place a stop work order on any project that is operating unsafely or falling short of agreed to conditions, requiring that companies increase the protection of their infrastructure, clarifying the regulators oversight role to include enforcing standards related to cybersecurity, and authorizing the federal energy regulator to take action to safely cease the operation of pipelines in cases where the owner is in receivership, insolvent, or bankrupt.

Through Bill C-69 and its amendments, we see legislation designed for the Canada we have today and, indeed, the Canada we want tomorrow. The Canadian energy regulator act is an important piece of that, helping us to diversify Canada's energy markets, expand our energy infrastructure, and drive economic growth through timely decisions that reflect our common values as Canadians.

I hope all members of this House will support this important legislation as we seek to create the shared prosperity we all want, while protecting the planet we all cherish.

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June 12th, 2018 / 10:50 p.m.
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Conservative

Michael Chong Conservative Wellington—Halton Hills, ON

Madam Speaker, Bill C-69, in front of us today, has a lot of different changes to current acts of Parliament, but also introduces new acts of Parliament. While I support one of the principles in the bill, which is the “one project, one assessment” process for major natural resource projects, there are too many problems with this bill for me to support it.

In particular, I want to focus on the new impact assessment act that the bill creates. First and foremost, the bill will not streamline, and make quicker, assessments for projects designated to be included in the project list. While the government says that the proposed impact assessment act would reduce the current legislated timelines for reviewing projects from 365 days to a maximum of 300 days for assessments led by the new review agency, and from 720 days to a maximum of 600 days for assessments led by a review panel, it is failing to acknowledge that while these timelines are shorter, the new legislation also introduces a planning phase ahead of an assessment led by either the review agency or the review panel. That planning phase can last up to 180 days.

In fact, this legislation will actually increase the amount of time that it takes for major natural resource projects to be reviewed under a federal environmental assessment. Furthermore, while the timelines put in place for the actual impact assessment are shorter, the timelines in the current legislation in front of the House can be extended by the Minister of Environment and by the cabinet, repeatedly.

There is nothing in this legislation to suggest that the process by which we review proposed projects will be shorter, in fact it suggests that it is actually going to be longer. The legislation in front of us will not actually lead to more efficient and less costly assessments for companies looking to invest in Canada's natural resource sector. In fact, the evidence in the bill is that it is going to be much more expensive for companies to make these applications, because the government has proposed to substantially expand the number of criteria that the review agency or review panel has to take into consideration when it is assessing a project. It does not just have to take into account environmental factors. It now also has to take into account health, social, and economic impacts, as well as impacts on other issues, and these impacts over the long term.

When we take into account this vastly expanded criteria and that it is vastly expanded over the long term, it is clear that companies are going to have to spend a lot more money preparing for these applications and working through the application process.

Proposed subsection 22 of the impact assessment act lists more than 20 factors that have to be considered in assessing the impact of a designated project. For example, there is a reference to sustainability and to the intersection of sex and gender with other identity factors. These are just some of the added criteria that the government has added to the process, which is just going to increase the cost and complexity for proponents. It is not only going to be a much longer process for proponents to go through; it is also going to be a much costlier process.

This is a big problem, because we have a problem in Canada with attracting, not just domestic but foreign investment for natural resource projects. In fact, Statistics Canada recently, this past spring, highlighted that there has been the biggest drop in foreign direct investment into this country in eight years. Last year saw the deepest plunge in foreign investment in this country since the deep, dark days of 2010, when we were just coming out of the recession of 2009 caused by the global financial crisis of 2008.

We have seen a massive plunge in foreign direct investment, a massive drop in investors willing to invest in Canadian companies. In fact, last year, for the second year in a row, we saw more foreign selling of Canadian companies than purchasing of Canadian companies. This has led to a drop in investments, particularly in the oil sector, with the commensurate drop in jobs and growth.

However, there is another problem with the bill that I want to highlight, which has to do with the designated project list. In other words, there is a problem in how certain projects get designated for an environmental assessment and how other projects do not. It remains to be seen with the proposed legislation whether or not the government will get it right in regulation.

Earlier this year, the government announced that it was going to undertake consultations with a view to help revise the regulations concerning the designated projects list. The Liberals said they would be coming forward with new regulations under the proposed act, and I hope they read the Hansard transcript tonight of the debates here in the House of Commons to ensure that our input is incorporated if the bill does pass in these new regulations.

The problem is one of inequity and unfairness from a whole range of perspectives. If a mine is proposed in western Canada, let us say in Alberta, under both the pre-2012 rules and the current 2012 rules, and potentially under the proposed legislation, it would undergo a federal environmental assessment. However, if that same mine was proposed in southern Ontario, mines that we often call “gravel pits” or “quarries”, it would not undergo a federal environmental assessment.

I will give members an example of this. In 2011, a mega-quarry was proposed in southern Ontario by an American company that had acquired over 2,500 acres of prime farmland in Dufferin County. That American company had acquired the equivalent of 10 square kilometres of land to build an open pit mine. Under the pre-2012 rules and the 2012 rules, and potentially under this proposed legislation, the federal government said that it did not require a federal environmental assessment, yet if that same 10 square kilometre mine was proposed in Alberta, let us say an open pit bitumen mine, a federal environmental assessment most certainly would have been required. This is an example of the unfairness of the current and potentially the proposed system the federal government has.

If one builds a mine to extract iron ore or bitumen in western Canada, one would undergo a federal environmental assessment, but if the same mine is proposed in southern Ontario, then do not worry, the government will turn a blind eye and not have it undergo that federal environmental assessment. Therefore, it is not just treating one sector of the economy different from another, the oil and gas sector, or the iron ore sector compared with the aggregate sector, but it is also treating one region of the country differently from another, and that is not fair. I hope that the government, in undertaking these consultations, takes that into account.

It is also not fair to the environment when a 10 square kilometre open pit mega-quarry is proposed for southern Ontario, which would have plunged 200 feet deep and pumped 600 million litres of fresh water out of the pit each and every day. It should undergo the same federal environmental assessment that a mine of similar size would undergo in western Canada. It should undergo that, because in southern Ontario we have the most dense biosphere in the entire country. There is all the more need to protect this dense biosphere, which is under greater threat than any other part of the country largely due to the growing urban populations we see in the Montreal, Quebec City, Ottawa, Windsor, and Toronto corridor.

I hope the government's yet to be created project list, whether it is based on the current legislation or the proposed legislation, treats all sectors of the economy and all regions of the country fairly, and I hope the department is incorporating this input as it comes forward with new regulations.

There is yet another problem with the proposed legislation before the House, and it plays into a broader pattern of the government, and that is of political interference. As the member for St. Albert—Edmonton just pointed out, the proposed legislation would allow the minister a veto power over natural resource project applications. This is unprecedented in this country. Until the Liberal government came to power, not a single natural resource project had been rejected or approved by the federal cabinet before the federal environmental assessment process had been completed, and not a single federal environmental assessment process had been overruled by federal cabinet.

In other words, up until this government, the federal cabinet accepted every single recommendation coming out of a federal environmental review process over the many decades that it was in place. The current government's rejection of the northern gateway pipeline was the first time the federal cabinet had stopped the process for the review of a major natural resource project before allowing that process to be completed and before allowing the cabinet to accept fully the recommendations of that process.

Here, in this legislation, we see a repeat of that pattern. They are proposing to give the minister a veto power. Before an impact assessment can begin, the minister will have the power not to conduct an assessment if the minister believes the proposed project would cause unacceptable effects. That is so broad a criteria that a person could drive a Mack truck through that. There again we see the politicization of processes that were once arm's length, quasi-judicial, and left to the professional public service.

Another example of this politicization of what was once performed by the professional public service, by quasi-judicial entities is Bill C-49. Bill C-49 gives the Minister of Transport a political veto over a review of joint ventures by an airline. Up to Bill C-49, and for many years, any airline that wanted to enter into a joint venture had to undergo a review by one of the premier law enforcement agencies in the world, the Competition Bureau, to ensure that there were no anti-competitive results from a joint venture. In fact, when Air Canada proposed a joint venture with United Airlines some years ago, the Competition Bureau said no to the original proposal for that joint venture and said they had to pull out of that joint venture a number of cross-border routes because they would be deleterious to competition, and because it would increase prices for consumers and for businesses across Canada.

What the current government has done through Bill C-49, which it rammed through the House and Senate, is it has given the Minister of Transport the ability to veto that process through a broad definition of public interest to bypass the Competition Bureau's review of a joint venture, and to rubber-stamp a joint venture in the interests of the airline and against the competition interests of consumers in this country. With the recent passage of Bill C-49, Air Canada has announced a joint venture with Air China. I do not think that is any coincidence.

Thus, there are just a few examples of how the government is politicizing the process for law enforcement of our competition laws for the review of major natural resource projects that no previous government has ever done.

Finally, I want to critique the Liberal government's general approach to environmental issues. The Liberals have created a climate of uncertainty. On pipeline approvals, they have created uncertainty. That is why Kinder Morgan has announced that it is pulling out of Canada and why it sold its assets to the Government of Canada. They have created a climate of uncertainty in the business community. That is why, as I previously mentioned, Statistics Canada, this spring, reported that foreign investment into Canada plunged last year to its lowest level in eight years. There has been an exodus of capital from the country's oil and gas sector. Statistics Canada reports that capital flows dropped for a second year in a row last year, and are down by more than half since 2015. Net foreign purchases by foreign businesses of Canadian businesses are now less than sales by those foreign businesses, meaning that foreign companies sold more Canadian businesses than they bought.

On climate change, they have created a great deal of uncertainty.

The Liberals came with big fanfare with their price on carbon, but they have only priced it out to $50 per tonne to 2022. They have not announced what happens after 2022. We are four short years away from 2022, and businesses and consumers need the certainty of what happens after 2022.

Furthermore, the Liberals have created uncertainty because $50 per tonne does not get us to our Paris accord targets. In fact, last autumn the Auditor General came forward with a report saying that Canada will not meet its Paris accord targets of a 30% reduction in greenhouse gas emissions from 2005 levels by 2030 with the $50-per-tonne target. He estimated that we are some 45 megatonnes short of the target.

The Liberals have created uncertainty with their climate change policy because they have been inconsistent on climate change policy. They are inconsistent with how they treat one sector of the economy versus another. For example, they demand that projects in the oil and gas sector take into account both upstream and downstream emissions, while not requiring projects in other sectors of the economy to do the same.

They are inconsistent with climate change policy in the way they treat one region of the country versus another. The Auditor General's report from a week ago, report 4, highlights the inconsistency in the way they treat central Canadians versus the way they treat westerners.

For example, the Liberals tell western Canadian oil and gas producers that climate change impacts need to be part of the approval process of any major natural resource project, and yet they turn around and one of the first decisions they make as a government is to waive the tolls on the new federal bridge in Montreal, a $4-billion-plus bridge. The Auditor General reported, in report 4 last week, that waiving the tolls will result in a 20% increase in vehicular traffic over that bridge, from 50 million to 60 million cars and trucks a year, an additional 10 million vehicles crossing that bridge every year, with the attendant greenhouse gases and pollution that this entails.

The Liberals tell companies and Canadians on one side of the country that they have to take into account greenhouse gas emissions when they propose a new project in the oil and gas sector, but when the government builds a brand new federal bridge in Montreal for $4 billion-plus, it is not going to take into account those greenhouse gas emissions. In fact, it will waive the tolls, which is going to lead to a 20% jump in traffic, with the attendant greenhouse gas emissions that this entails.

Finally, the Liberals have created a climate of uncertainty by their failure to realize that our income taxes are too high. The government talks a good game about the environment and the economy, but the facts speak otherwise. They blew a once-in-a-lifetime opportunity to reduce corporate and personal income taxes. They failed to seize the opportunity of using the revenues generated by the price of carbon to drive down our high corporate and personal income taxes. They also failed to seize the opportunity to reform our income tax system to reduce its complexity and its distortive nature.

Our system was reformed in 1971 by the government of Pierre Trudeau. It was reformed again in 1986 by the government of Brian Mulroney. It has been over 30 years since we have had any significant income tax reform to our personal income tax system or our corporate income tax system, and the Liberals blew the chance to do it, even though they promised to take a look at tax reform in their very first budget.

The government talks a good game on the environment and the economy, but the facts say otherwise. It is a story of a missed opportunity, and that is why I cannot support this bill.

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June 12th, 2018 / 10:50 p.m.
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Conservative

Kelly McCauley Conservative Edmonton West, AB

Madam Speaker, the member brings up very valid points about investment in Canada.

I will read from an article from Bloomberg today, which states, “Unlike portfolio investment, foreign direct investment is considered a stable source of funding that comes with the additional benefits of a transfer of know-how. Instead, an increasing amount of Canada’s funding needs are being met by short-term funds denominated in foreign currencies”, meaning loans, “which makes the country more vulnerable to a sudden loss of interest from foreign investors.” Bloomberg is saying that Canada is relying on debt for growth and not foreign investment.

It notes in this article that the amount that the Government of Canada is giving Kinder Morgan to buy Trans Mountain is greater than the entire investment in Canada in the last quarter of last year. Bill C-69 is only going to pile on the flight of capital from Canada.

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June 12th, 2018 / 10:50 p.m.
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Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Madam Speaker, the Minister of Environment stated that one of the objectives of Bill C-69 is to increase investor confidence. The hon. member for Edmonton West pointed out that under Bill C-69, the Minister of Environment has the discretion to cancel a project at any point, including during the planning stage before any environmental assessment is conducted, before any economic impact is studied, and before any scientific analysis is done. How does that square with increasing public confidence and investor confidence? It seems to me to be some kind of joke.

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June 12th, 2018 / 10:45 p.m.
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Conservative

Kelly McCauley Conservative Edmonton West, AB

Madam Speaker, if only the Liberals were as efficient in governing as they are in skullduggery around such issues, Canada would be a much better place.

My colleague brings up some very valuable points. The U.S. treasury department is, right now, investigating Russian interference in its energy industry. Russia views the U.S. and Canada as major energy competitors. Without its energy industry, Russia would be bankrupt, so it is against the interests of the U.S. and Canada to grow their energy industries. Russia is funnelling money, as the U.S. treasury department says, into Tides U.S.A. Tides U.S.A. sends its money to Tides Canada, which then funnels it to Leadnow, which campaigns on behalf of the Liberal government of Canada.

Now the government is introducing Bill C-76 that will open the floodgates for more foreign money coming into Canada and Bill C-69 would also allow equal standing for radical environmentalists from the U.S., Russian activists, and a Canadian appearing before the regulatory regime.