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. 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 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

Federal-Provincial RelationsStatements By Members

June 12th, 2019 / 2:20 p.m.
See context

Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

Mr. Speaker, the Prime Minister is taking our country down a dangerous path.

Yesterday, in response to the united plea of six premiers urging him to accept amendments to Bills C-69 and C-48, he angrily accused the Conservatives of threatening national unity, as though the very real anger and anxiety over these two destructive bills are some kind of Conservative plot against him. This, from a Prime Minister who has made comments backing Quebec separatism if Conservatives stayed in power.

These premiers are not making a threat. They are stating the facts and they are pleading their case.

The Prime Minister is too partisan or too petulant to care. If he is so concerned about national unity, he should look in the mirror. If he does, he will see the greatest threat to national unity of the country staring right back at him. This is not about impressing celebrities or drinking boxed water; this is about doing what is best for Canada.

Alberta Energy SectorStatements By Members

June 12th, 2019 / 2:10 p.m.
See context

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Mr. Speaker, I am honoured to fight for the people of my riding of Calgary Nose Hill. They work hard and contribute much to the prosperity of Canada.

For many, that means working in a job in the energy sector. However, they have suffered as the Prime Minister vetoed the northern gateway pipeline, purposefully mismanaged the still unbuilt TMX pipeline, chased away any hope of investment in the energy sector with Bill C-69, landlocked Canadian energy with Bill C-48, told the world that he wished he could phase out the energy sector faster, celebrated when his efforts killed the energy east pipeline and refused to reopen the equalization formula after killing our jobs.

This is not nation-building policy. This is anti-Alberta policy. Here is a message to the Prime Minister and the anti-energy left on behalf of the people in my riding: We have had enough. Continue on this path and they do so at the detriment of our confederation.

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 10:50 p.m.
See context

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, the letters from six premiers to the Prime Minister came out yesterday. There are letters from the territories, New Brunswick, the premiers of Ontario, Alberta, Saskatchewan and Manitoba. As well, one of the biggest oil and gas demonstrations this country has ever seen was taking place today in Calgary, Alberta.

It is shameful what the government has done with Bill C-69, Bill C-48 and certainly with this legislation, Bill C-88.

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 10:45 p.m.
See context

Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, I want to pick up on some of the comments my colleague made regarding the arbitrary decision-making that the government has done. The Liberals have not done any consultations. It seems that the Liberals' desire to consult is only when they feel like it, and that would be related to a number of projects, like the tanker moratorium, Eagle Spirit and the northern gateway. There is also the moratorium that was announced down in the United States.

We are hearing increasing concerns not only from indigenous communities, who have not been consulted properly, but also from the premiers of these provinces. I speak in particular about a very concerning letter regarding Bill C-48 and Bill C-69 and how dismissive the Prime Minister and his party are in terms of engaging the premiers and indigenous communities to allow projects to move forward. The Liberals are happy to cancel projects, but they are reluctant to create an environment for projects to move forward.

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 10:45 p.m.
See context

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, I should note that I was not here when Bill C-15 first came forward under the previous government. However, of course, the Liberals voted for Bill C-15 in the last Parliament. Here they are now, saying it is no good, yet at the time, they voted for it. It is really interesting.

So what is the national best interest regarding the oil and gas in this country? Today, we saw the Prime Minister ridicule six premiers of this country, including the Premier of the Northwest Territories. They have major concerns over Bill C-69 and Bill C-48, and the Prime Minister took shots at all six of them today in the House.

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 10:20 p.m.
See context

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, I am pleased to rise tonight to speak to Bill C-88, an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act.

Once again, this bill, like many other bills we have seen in the House, is being debated and rushed through Parliament in the last few days before the House rises for the summer. It is worth noting that this is a bill that was only studied in our committee on indigenous and northern affairs for one meeting before we went into clause-by-clause consideration. As a result, we were unable to hear live testimony from stakeholders such as the Inuvialuit Regional Corporation, the Canadian Association of Petroleum Producers and the Northwest Territories Chamber of Commerce.

We have recently seen these legislative delays with other important bills, such as Bill C-92, which was passed at third reading in this House just last week, on June 3. It is totally unacceptable that the Liberals have so utterly mismanaged their legislative schedule when it comes to the bills that are now before us, days before we rise.

Bill C-88 is a bill that forms part of a long Liberal saga to kill natural resources development in this country. The bill would amend subsection 12(1) of the Canada Petroleum Resources Act to allow the Governor in Council to arbitrarily ban any oil and gas activity across the Arctic offshore. Under this bill, the government would only need to invoke the national interest to ban oil and gas development in the Beaufort Sea. However, the term “national interest” remains undefined in this bill, so the government would have complete discretion to decide when it should ban oil and gas activities in the Arctic offshore. These opportunities for greater economic prosperity in the north would therefore be limited and controlled by the ministers here in Ottawa. Again, under the current government, Ottawa knows best.

We have already seen the Liberals reveal their paternalism when it comes to economic opportunities for northern communities. We just have to go back to December 2016. While the Prime Minister was in Washington, D.C., he announced that there would be a moratorium on offshore oil and gas development in the Beaufort Sea. No, he was not up in northern Canada. He was, in fact, meeting with President Obama in Washington.

There was absolutely no consultation with the Government of Northwest Territories before this moratorium was announced in Washington. In fact, the territorial leaders of the day were given less than half an hour's notice before the Prime Minister declared the moratorium, in the United States, the farthest destination away from northern Canada.

By single-handedly introducing a moratorium on oil and gas development in the Beaufort Sea, the Liberals are telling northern communities that Ottawa knows best. The Liberals are saying, through their actions, that northerners do not have the right to pursue their own economic opportunities without the approval of the current federal government.

We heard from multiple witnesses in committee about the devastating impact the Liberals' moratorium has had on northerners. Wally Schumann, the minister of industry, tourism and investment and the minister of infrastructure for the Northwest Territories, said the following about the moratorium:

I guess we can be very frank because we're in front of the committee.

When it first came out, we never got very much notice on the whole issue of the moratorium and the potential that was in the Beaufort Sea. There were millions and millions, if not billions, of dollars in bid deposits and land leases up there. That took away any hope we had of developing the Beaufort Sea.

We also heard from Merven Gruben, the mayor of Tuktoyaktuk. He was very disappointed with the Liberal decision to unilaterally impose this moratorium on northerners. He was very concerned about the effects this ban would have on the people of his community. He said:

It's so easy to sit down here and make judgments on people and lives that are some 3,500 klicks away, and make decisions on our behalf, especially with that moratorium on the Beaufort. That should be taken away, lifted, please and thank you. That is going to open up and give jobs to our people—training and all the stuff we're wishing for.

Unfortunately, the Liberals are not listening to the voices, again, of the northerners, and as a result, communities are paying the price now for the Liberal government's arrogance. There is absolutely no doubt that Bill C-88 is just another attempt by the Liberal government to polarize oil and gas extraction in this country. It explains the power of cabinet to block economic development and adds to the ever-increasing levels of bureaucratic red tape that need to be navigated by proponents of energy development.

The bill makes northern energy development more difficult by increasing the obstacles that must be overcome by energy proponents before they can even put shovels in the ground.

In response to these polarized anti-energy provisions, many stakeholders have voiced their concerns. One of the numerous stakeholders that want to see the Governor in Council power to ban oil and gas development removed finally from the bill is the Northwest Territories Chamber of Commerce. It has written submissions to our committee. The chamber indicated its opposition to the final authority of the Governor in Council to ban northern oil and gas development.

The chamber wrote to us as follows:

The final decision needs to be approved by the Indigenous Nation of the prescribed area who are the steward's of the area but also rely on the land to provide economic independence to their membership and throughout the NT.

Of course, in pushing through Bill C-88 without any amendments, the Liberals have demonstrated that they do not care about the opinions and concerns of our northern communities, which will be deeply affected by this piece of legislation. These northern voices are once again being ignored by the Liberal government.

Another important stakeholder that expressed really serious concerns about Bill C-88 was the Inuvialuit Regional Corporation. Unfortunately, like the Northwest Territories Chamber of Commerce, the IRC was not afforded the opportunity at all to present live testimony to our committee, because, as I mentioned before, we were only given one day to hear from witnesses on this very important matter.

Again, the Liberals rushed the process. It was the result of the Liberals' mismanagement of the parliamentary agenda and a consequence of the fact that the Liberals left this bill to the very last minute for deliberations.

Like so many other crucial stakeholders, the IRC is opposed to the unilateral power to ban oil and gas development in the Arctic offshore, which the bill gives to the Governor in Council.

It is hardly surprising that the IRC is against the arbitrary power given to politicians here in Ottawa to determine the fate of energy development in the north. Bill C-88 says that the Governor in Council can ban oil and gas development projects when “it is in the national interests to do so”. However, does Bill C-88 tell us what the national interest is? Does Bill C-88 tell northern communities what the national interest is? No, of course not.

Like so many other Liberal anti-energy policies, questions of the national interests are only for the Liberals to decide and nobody else. The bill is simply a reinforcement of the arrogant mantra that the Liberals know best.

Given that the IRC was not given the opportunity to offer live testimony on this discussion on Bill C-88, I would like to read into the record some of the serious concerns the IRC highlighted in its written submission to our committee.

First of all, it bears noting that the IRC is an organization that was created way back in 1984 to manage the settlement that formed part of the Inuvialuit Final Agreement, better known as the IFA. The Inuvialuit occupy the Inuvialuit Settlement Area, or the ISR, and beyond.

The IFA was the first comprehensive land claim agreement settled north of the 60th parallel and only the second settled in Canada's history.

Why was this land claim agreement so important for Inuvialuit people, and why did they initiate the negotiations with the Government of Canada? In the IRC's own words, the land claim negotiations “came in response to our limited influence in increasing development activity on our lands and the vast marine areas of the ISR.”

In the short term, then, the Inuvialuit secured a land claim agreement, in part, so that they could have greater influence over development activities on their own lands.

With this background in mind, the IRC has written about its serious reservations with regard to the power the bill would give to Ottawa to declare oil and gas moratoriums on IRC lands. In fact, the IRC already saw the Prime Minister declare a moratorium in a significant portion of their settlement region when the Liberals were first elected to power in 2016. In regard to this ban, the IRC wrote,

it is important to note that the imposition of the Moratorium by the Prime Minister was done without consultation with any Inuvialuit in contravention of the IFA and with the framework established and the promises made under the Northwest Territories Lands and Resources Devolution Agreement.

The Liberals simply seized the opportunity in 2016 to unilaterally implement a moratorium on oil and gas in the north while the Prime Minister, as I mentioned before, was not even in this country. He was in the United States of America looking for photo ops and free publicity. The Liberals did not consult at all with stakeholders before they took on this decision. What is worse, instead of apologizing to many of the northern communities that are suffering because of this moratorium, the Liberals are going full steam ahead with Bill C-88, as we see tonight, to ensure that they can unilaterally put bans on northern oil and gas development again and again.

Bill C-88 says that the Governor in Council can make these bans when it is in the national interest to do so. The IRC and Conservatives would like to know what the Liberals mean when they say “in the national interest”.

The IRC had the following to say on the issue of the national interest:

The national interest criterion is problematic as it elevates the national priorities of the day vis-à-vis Inuvialuit priorities within our traditional territory. It would be akin to an appropriation a constituent might experience in the south without any restitution from the government. Bill C-88 does not define national interest or incorporate an express requirement to consider how the national interest ought to be balanced against the ability of rights holders to provide for their economic future.

Despite these concerns from indigenous stakeholders in the north, the Liberals have demonstrated repeatedly, through their anti-energy policies, that they have no intention at all of ever balancing their vision of the national interest against the views of indigenous groups that do not share the Liberals' hostile attitude toward natural resource development.

Unfortunately, Bill C-88 is not the only bill the Liberals have pushed forward, to the detriment of the indigenous communities across this country. We have just heard from indigenous communities about the real concerns they have about Bill C-69, the Liberal environmental assessment act.

Stephen Buffalo, the president and CEO of the Indian Resource Council and a member of the Samson Cree Nation, said:

Indigenous communities are on the verge of a major economic breakthrough, one that finally allows Indigenous people to share in Canada's economic prosperity. Bill C-69 will stop this progress in its tracks.

Roy Fox, chief of the Kainai or Blood tribe first nation, said the following about Bill C-69:

...I and the majority of Treaty 7 chiefs strongly oppose the bill for its likely devastating impact on our ability to support our community members, as it would make it virtually impossible for my nation to fully benefit from the development of our energy resources.

Bill C-48, the northern B.C. oil tanker ban, is yet another Liberal anti-energy bill that the Liberals have rammed through this Parliament against the wishes of major indigenous stakeholders. Bill C-48 shuts the door to the Eagle Spirit pipeline proposal, an energy corridor that is supported by over 35 first nations and is an indigenous-led and indigenous-owned initiative. It is a $17-billion project that has the potential to provide economic opportunity to numerous indigenous communities. However, as with Bill C-88, this one tonight, Bill C-48 is another Liberal anti-energy bill that is both hurtful and patronizing to indigenous communities. Bill C-48 is another example of the Liberal government here in Ottawa telling indigenous communities that they cannot pursue their own natural resource development when it does not suit the interests of the Liberal agenda of the day.

Indigenous communities are tired of the paternalism that has been constantly demonstrated toward them by this anti-energy Liberal government. The chair and president of Eagle Spirit Energy, Calvin Helin, who is a member of the Lax Kw'alaams First Nation, had the following to say about the viewpoint of the 35 first nations that are in favour of the Eagle Spirit pipeline. He said that these first nations “do not like outsiders, particularly those they view as trust-fund babies, coming into the traditional territories they've governed and looked after for over 10,000 years and dictating government policy in their territory.”

However, the Liberals clearly do not think that these indigenous viewpoints are part of the current government's idea of a national interest, so they choose to ignore these voices. As a result of Liberal indifference to the concerns of these indigenous groups, in 2018 the chiefs council for the Eagle Spirit pipeline had to launch a GoFundMe campaign just to help pay legal costs in a court challenge to Bill C-48. The Eagle Spirit project noted the sad state of affairs by stating that this action is required to be taken by Canada's poorest people against a federal justice department with unlimited resources. Other indigenous groups have either filed lawsuits or are planning to do so pending the legislative fate of Bill C-48.

Sadly, the Liberals again did not listen to these indigenous voices then, and they are not listening to the indigenous voices in our northern communities today. It is glaringly clear that all the Liberals care about is the pursuit of their anti-energy policies at all costs. However, the cost is a very real human cost to the ability of northern communities to be in control of their own economic development opportunities.

The Liberals have promised time and time again to work with northerners. With only days left now in this Parliament, when will the Liberals finally live up to this promise?

Third ReadingMackenzie Valley Resource Management ActGovernment Orders

June 11th, 2019 / 10:10 p.m.
See context

Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, I have found it very interesting that as the Liberals have been debating this particular bill, they only pay attention to half of the bill, and that is the half related to the water board issue. They are completely silent on the very important second half, which is a direct paradox to consultation and collaboration. It is where the government is taking the power onto itself, in terms of placing moratoriums through Governor in Council, through the executive branch, for very vague national interest reasons.

I would ask my colleague to ignore part A in his answer, but look at Bill C-69, Bill C-48, the letter that was sent yesterday from the premier of his territory and part B of this bill, and tell us if he believes that the government is acting in the best interests of his territory.

Fisheries ActGovernment Orders

June 11th, 2019 / 5:20 p.m.
See context

Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, I appreciate my hon. colleague's intervention.

That brings me back to a word that you used in your intervention, Madam Speaker, and that is “trust” . That is what has brought us all down this path. When Bill C-68 went to the Senate, we had trust that the Senate was going to do its job. Bill C-68 came back, and we had trust that the government was going to take a reasoned look at it, but n it has gutted the amendments from the Senate.

I was going down a path with this in terms of trust. Canadians have lost trust and are weary of hearing the Liberals stand there and say they have our best interests at heart. It truly is relevant to Bill C-68 and to the Senate amendments, because members of the Senate heard from Canadians that they represent in their respective areas. They came at it, as I mentioned, in a collaborative spirit, as we do at the fisheries committee, and tried to enhance the bill.

I will offer this explanation as to why we are going down this path. When the minister stood and gave his presentation and intervention here, colleagues will remember that he talked at length about Bill C-68 and the Senate amendments and why the government felt it was necessary to go down the path that led to Bill C-68. Therefore, I believe I have the ability to talk about Bill C-68 and the background to it, and part of that background is Canadians' trust in the government, or their lack of it.

The hon. colleague can stand on a point of order as much as he likes. It is his privilege to do that, but it is also my privilege to be able to stand in this House and represent the electors of Cariboo—Prince George.

In time allocation, time and again the government chooses to ignore that there are 338 members of Parliament in this House, and that all members are here to represent the electors who elected them to this House. This House does not belong to the Prime Minister. It does not belong to you, Madam Speaker, and it does not belong to me. It belongs to the electors and those who elected us. It is our job to be here and bring our voices here.

When I am talking about priority and trust, I am trying to bring forth the voices of indigenous groups who have not been consulted on Bill C-68. I am bringing forth the voices of coastal communities who have not been consulted or who feel that they have not been heard in terms of Bill C-68. I am bringing forth the voices of my electors in Cariboo—Prince George, who feel that the government is not listening to them.

I will go back to Bill C-68 again and talk about protecting the livelihood of fishers in coastal communities, which is what the minister said was his intent in tabling this bill. If the minister was truly interested in protecting the livelihood of fishers in coastal communities, then probably both the former minister who made the statement and the current minister should have travelled to Grand Bank. They should have come to the Lax Kw'alaams first nation, which has major issues in terms of Bill C-48 and Bill C-69. They should talk to fisheries organizations, which have some serious concerns. They should talk to the farmers and municipalities that all have concerns with Bill C-68.

The minister received a letter from the Fisheries Council of Canada with respect to Bill C-68, and I should make it clear that it was the former fisheries minister who first tabled Bill C-68. He received a letter from the Fisheries Council of Canada that outlined some of their grave concerns over the way he had managed that file to that point.

I will provide a bit of background. The Fisheries Council was established in 1915. It has been the national voice for Canada's commercial fisheries for decades. Its members include small, medium and large companies along with indigenous groups that harvest fish in Canada's three oceans and inland waters. Member companies are also processors. They process the majority of Canada's fish and seafood products. The members take pride in being key employers in their communities. They are also stewards of the resource and work diligently to protect the waters, because sustainability of the fisheries is in the best interest of all involved, and they know that without the proper care and conservation, the resource will disappear.

Members of the Fisheries Council of Canada provide jobs for people like my friend, Edgar, who I met in Grand Bank, where the minister's corrupt surf clam decision shook their foundation and people's livelihoods. Members of the Fisheries Council create an economic base that helps sustain the whole economy of these small towns and villages, these coastal communities, many of which have no other source of economic income. What the minister's actions did in taking away the lucrative surf clam quota, Bill C-68 at that point, was shake those communities to the core.

In its letter to the minister, the Fisheries Council wrote that recent actions and announcements from the Department of Fisheries and Oceans had undermined the fishing sector and therefore undermined the economic growth of Canada's coasts. It said, “Taking away the long-standing licences and quotas does not respect past investments and has put a chill on the future investments by Canadian fish processors. Many coastal communities and fish harvesters rely on their local fish processor to purchase their goods in order to bring their products to market. Without continued investment, the industry will stall.”

This is astounding. The Fisheries Council has worked with governments of all colours and stripes and it had to write this letter to the former minister. The fact that it had to do this speaks volumes. In fact, what we heard from people all across Canada and in Grand Bank is that the current government has done nothing to ensure a stable, reliable, sustainable fishery.

It would seem to me, after witnessing what the government has done in regard to the Arctic surf clam, Bill C-68, Bill C-69 and Bill C-48, that unless one holds a Liberal Party membership or was once a Liberal member of Parliament or has made successful financial contributions to the Liberal cause, one is plain out of luck.

Mr. Speaker, I look forward to continuing. I know that all my colleagues look forward to hearing the rest of my remarks.

Fisheries ActGovernment Orders

June 11th, 2019 / 4:05 p.m.
See context

Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, it is an honour to stand in the House and speak to the Senate amendments to Bill C-68.

I listened intently as the minister did whatever he could, every step of the way, to disparage the previous government while trying to prop himself and his department up along the way. This comes from a minister who took credit for a Coast Guard vessel just last week on social media. He said that the Liberal government did this, but it was our former Conservative government that did it. It is very disingenuous for a minister to use his time to continue to slander and disparage the previous government.

I have said time and again, very publicly in this House and at committee, that consecutive governments, including Liberal governments, should take blame for where our fisheries stocks are. When questioned as to why our fisheries stocks are at critical levels, there are bureaucrats who have been in their positions for 20-plus years who have consistently told every government that they promise to do better. It is quite shameful that this minister would stand up here and trumpet that the Liberals are moving the ball. I will provide proof in my speech that they are not.

Today we are here to talk about the Senate amendments to Bill C-68, which is essentially a flawed piece of legislation. We saw that it was flawed when it was first introduced. Unfortunately, again the government put time allocation on the bill. I believe at that time it was the 40th time that the Liberal government did that, the same government that is led by the member for Papineau, who, during the 2015 campaign, said that his government would let the debate reign and would not resort to parliamentary tricks, such as invoking time allocation.

Here we are today, and I think it is now over 70 times that time allocation has been used. We have not seen time allocation on this bill up to this point, but the day is still early.

I will return to the Senate amendments. Early last week, the Senate sent back 15 amendments to Bill C-68 on about four different topics. As mentioned earlier, they cover inshore fisheries and habitat banking. Bill S-203, which is the bill that would end keeping whales in captivity, was rolled into Bill C-68, as well as Bill S-238, which is the shark finning bill put forward by a Conservative senator. I will get back to this shortly.

It was interesting when the department was before our committee recently regarding Bill S-238. The officials mentioned that while we would be banning shark fins unless the fin is attached to the shark carcass itself, the importation of shark fin soup was still going to be permitted. The department has committed to getting back to us and double-checking that, but the comment we received from the official when he was asked and pressed on it was that “soup is soup.”

Here we are now, talking about the Senate amendments to Bill C-68. Bill C-68 was introduced early last year and, as mentioned, is a piece of flawed legislation. During the 2015 campaign, the Liberals promised to restore the definition of “harmful alteration, disruption or destruction” of fish habitat. From this point, I will refer to that as “HADD”. I mention that for the Canadians watching from coast to coast to coast, as well as for those in the gallery, which is full once again today.

As the Liberals put it, they wanted to restore the lost protections implemented by our previous Conservative government. As a matter of fact, I will use the term that our minister just used, that the Conservatives “gutted the Fisheries Act”. That is what he was saying, and that is shameful. That is the same eco-warrior language, shamefully, that the government used in 2015 to tarnish any of the great work that our previous Conservative government did. As well, cabinet ministers and members of the current government have used this language to disparage some of our natural resource companies, such as mining and oil and gas, and, again, our former Conservative government.

The fisheries committee did an extensive study on the so-called “lost protections” in the changes that were made in 2012 to the Fisheries Act under our previous Conservative government. Not one group and not one witness could provide any evidence that there were lost protections that resulted from the changes in 2012—not an academic, not an environmental group, not a scientist. I will get into that more throughout my speech.

Not surprisingly, the government has capitalized politically with these environmental groups and the public at large with this proposed legislation. The Liberals have positioned themselves as the defenders of the environment, and restoring the imaginary lost protections has garnered positive support through various media outlets. This is the same government that continues to approve the dumping of millions of litres of raw sewage into our waterways, yet here they are defending their actions, standing up and disparaging those who are opposing what they are saying. They continue to this day to approve the dumping of millions of litres of raw sewage into our waterways. Canadians should be paying attention.

We oppose Bill C-68 because of the HADD provisions, but there are some positive aspects of the bill. It potentially has some good points. We have always said that Bill C-68 is a bill that we will repeal and replace, and that we will bring stakeholders around the table and build a piece of legislation that truly represents the intent of Bill C-68.

On the 15 reasoned, responsible amendments that the Senate sent back, the Senate did its job. It attempted to fix an omnibus piece of legislation that should have probably been split into two or three different bills, and there is another broken promise.

I believe it was in the Liberal 2015 campaign, and probably it was the same day when the member for Papineau said that he was not going to resort to such parliamentary tricks as omnibus bills. Well, here we are, and Bill C-68 is one of those. He has not let the debate reign. Time allocation has been seen time and time again.

The amendments focused on changes to the Fisheries Act, such as the owner-operator fleet separation, which, as my hon. colleague across the way mentioned, the fisheries committee has heard about time and again. The bill also talks about habitat protection and habitat banking, and it rolls in Bill S-203 on cetaceans in captivity and Bill S-238 on shark finning.

Bill C-68 introduced habitat banking as a means by which companies could restore waterways affected by development. As an example, when I was in aviation, we built one of Canada's largest runways. To be good neighbours, we noticed during our environmental assessment that there was a potential area for waterfowl or the western spadefoot toad.

Therefore, we had a toad rodeo. We looked to find how many toads were in that certain area that was designated or that could be environmentally sensitive. We also looked for the water fowl that could be present in those wetlands. To be good neighbours, we worked with Ducks Unlimited Canada, the conservation group. We are not the experts in this. We needed somebody to tell us what would be more appropriate, and we wanted to make sure that if there was going to be displacement, it would be within our region. We worked with Ducks Unlimited and other local groups. We found an area that was suitable, and we committed and purchased that area. That is an example of what habitat banking is.

There are concerns with moving down the way in terms of habitat banking, as well as, let us say, carbon credits. It is very similar to carbon credits.

As I was running for election in 2015, I was interested to find that we have offshore companies, European companies, that were buying up huge swaths of agricultural land in my riding. They were literally showing up to a farm and offering suitcases full of money. Many of our farmers are long-time generational farmers and do not have that next generation coming in. Who can blame them, if they have this opportunity present itself? The companies told a good story. Very quickly after purchasing the land, they mowed under all that agriculture potential. They were buying it for carbon credits to be applied in other countries. We cannot create more land; we are not able to do that. We put a stop to that.

Therefore, the habitat banking provisions that the Senate tried to fix with its amendments dealt with third party offset payments and they would keep the restored habitat closed. Habitat banking is a market-oriented approach to environmental conservation. As a matter of fact, we are starting to see this more and more. When I was in aviation, “carbon credits” was the buzzword. It was carbon credits this and carbon credits that. Every passenger who was flying on an airline had an opportunity to buy carbon offsets as part of his or her ticket. A habitat bank is now the next generation of a very similar type of market-oriented approach to environmental conservation. A habitat bank is defined in the bill as “an area of a fish habitat that has been created, restored or enhanced by the carrying on of one or more conservation projects within a service area and in respect of which area the Minister has certified any habitat credit”.

A habitat credit, before being amended at committee, was defined in the bill as “a unit of measure that is agreed to between any proponent and the Minister under section 42.02 that quantifies the benefits of a conservation project.” In plainer language, the old version of the bill stipulated that the proponents, and only the proponents, can offset the adverse effects on fish or fish habitat as a result of conservation work being done by the proponent. That leaves out important third party conservation groups and indigenous groups.

I do not know of too many mining or forestry companies that are experts in conservation projects. If a mining operation leads to deleterious effects on fish habitat, for example, that mining company may offset the impacts of those effects through a conservation project, like moving affected fish to another pond. Other examples include the construction of a salmon ladder, preservation of a wetland, as I described with our airport, or any other measure that creates, restores or enhances a fish habitat. Ensuring that proponents offset their impacts on fish habitat is necessary for environmental conservation. We all agree with that.

There is not a single compelling reason to restrict habitat banking solely to proponents. When we say that only a proponent can create a habitat bank, we are excluding first nations groups and conservation specialist groups like Ducks Unlimited or wetlands advocates. We are also excluding municipalities, among other prospective participants. These stakeholders all want to be on the front lines of habitat restoration and enhancement, and they should be. Not all proponents have the expertise, resources or knowledge to build a physical offset.

We all know that the balance of power in the Senate rests on the independent side, which we know is the government side. Under the amendment passed by our senators, proponents would now be able to purchase the credit rather than designing and building their own physical offset. The offset must still be created, but now it could be created by a group with a specific conservation expertise. In these cases, the proponents would essentially be funding the construction of an approved physical offset. The proponents would say, “We understand that our project has displaced fish, wildlife or aquatic species, and we will work to make amends. However, we are not the experts on this, so let us partner with an approved group to get this done.”

It is a win-win for industry and the environment. Companies do not have to divert their attention from the core aspects of their business and creating the jobs that come with it; all they have to do is buy the credit for the habitat bank established by a third party group. With a new market for the credits, there is an incentive for third parties to get into the habitat banking game, thus leading to additional biological protections.

The second amendment the Senate sent back on this issue relates to the offset payments. This amendment would allow the Department of Fisheries and Oceans to collect and offset payment in lieu of establishing and offsetting a habitat bank. The purpose of introducing this tool, as argued by the Canadian Wildlife Federation and others, was to provide the flexibility in areas where an appropriate offset project is not available or cost-effective. That makes sense.

As an alternative to purchasing credits, proponents could pay into a habitat protection fund, for example the environmental damages fund, to offset any impacts their project may have. Under this amendment, funds would need to be spent as close as practicable to where the work, undertaking or activity is located, or at least within the same province where such work occurred. If the displacement or impact is taking place in a region such as Cariboo—Prince George, I would like to see that habitat banking take place right in my riding. I would have to say that it has to be done there. We do not want to see these other companies coming in and doing something similar to what we mentioned earlier with the carbon credit program. If that displacement is taking place in an area such as Cariboo—Prince George, then an appropriate project should be found in the same region. I would suspect there are a lot of conservation projects that could benefit from this type of program.

Adding these parameters to the system was imperative to ensure equal treatment among all provinces, territories and, hopefully, if administered accurately by the Department of Fisheries and Oceans, among watersheds as well.

This amendment does not mandate how the government should collect or spend the money. It simply establishes a structure by which private sector funds, determined and accepted at the discretion of the minister—again, it is all about this minister having all the power—can be used to support restoration projects in Canada. It makes sense to me.

The third amendment on habitat banking shares the spirit of the second, but it is entirely distinct among the three, and here is how. Bill C-68, in both its current and former iterations, specifies that certified habitat credits must be used within a service area. A service area is defined in Bill C-68 as “the geographical area that encompasses a fish habitat bank and one or more conservation projects and within which area a proponent carries on a work, undertaking or activity.”

The broadness of that definition was concerning. As currently written, a service area could technically be considered the whole country. For discussion purposes, let us say that SNC-Lavalin, working on a project in Quebec, is deemed to have done some damage to fish or fish habitat or is looking to buy some habitat banking credits, but it also does work in Vancouver, Toronto or other areas. It could apply those habitat banking credits to those areas, not necessarily the area in which it is making the displacement.

That is incorrect, and the third amendment sought to fix that. The intent of this amendment is to ensure that the benefits of an offsetting habitat bank remain local in comparison to the work, undertaking or activity. “Local” would be either as close as practicable to the area, or within the same province. The general idea is that the closer to the affected area it is, the better. A mining project in St. John's should not be offset by a habitat bank in northern Ontario or Vancouver Island, or vice versa.

This amendment maintains that it needs ministerial flexibility while protecting the local fish populations and providing certainty to industry about where credits can be used. Habitat banking benefits should remain as local as possible, as a guiding principle. If that is not practical, then the benefits should at least remain in the province where the work was carried out.

Late last night, the government set forth and gave notice of its amendments to the Senate amendments. Unfortunately, late last night the government responded by removing the new habitat banking provisions. The government said that it “respectfully disagrees with amendment 11 because the amendment seeks to legislate in respect of third-party, or market-based, fish habitat banking, which is beyond the policy intent of the Bill that is to provide only for proponent-led fish habitat banking.”

Is the government kidding? What a bunch of hogwash. The government put the habitat banking provisions into the bill. To say that the amendments to the habitat banking are beyond the policy intent is absolutely absurd, unless, of course, this bill is nothing more than just a cover and a piece and is not really intended to actually do anything but is just another thing for Liberals to stand up and say, “We did it”, getting all the support from the third party groups that supported them in 2015. I will say more on that later.

Let us go back and look at the absurdities of the bill from the beginning. On restoring lost protections, the minister stood and said that the former Conservative government gutted the Fisheries Act. Bill C-68 started with the Liberal campaign promise in 2015 to restore lost protections. After forming the government, the Minister of Fisheries and Oceans asked the Standing Committee on Fisheries and Oceans to investigate the so-called lost protections.

After an extensive study, an 86-page report to Parliament was issued. To my colleagues who are in the House, and the packed gallery, how many lost protections were found? There were none. Zero. Not one witness came before the committee and said that the 2012 amendments to the Fisheries Act by the former Conservative government resulted in lost protections. As a matter of fact, what we heard was that they gave some assurances or some consistency to the application process. We also had some proponents who said that it actually made things tougher, but at least they knew the steps in the process they had to go through.

It is shocking that these guys, time and time again, stand in the House and use the same old talking points. Canadians are not going to be fooled. I think I just saw a poll that ranked the Prime Minister and the Liberal government at 15% in terms of environmental protection. Our hon. colleague from Saanich—Gulf Islands scored the highest, and I think our leader was next. Way down the list was the member for Papineau, our Prime Minister.

After that extensive study and an 86-page report, not one lost protection was found. The dissenting report we issued said the following:

Contrary to the Minister of Fisheries, Oceans and the Canadian Coast Guard's correspondence to the committee dated June 29, 2016 whereby the minister directed the committee to undertake a study investigating the 2012 changes to the Fisheries Act and any resulting lost protections,

I thought committees were supposed to be at arm's-length and masters of their own destination. How many times has a minister or parliamentary secretary stood in the House and said, “Madam Speaker, committees are on their own to do whatever they want”? Probably they even had their hands on their hearts. It is crazy. It just adds to the hypocrisy of those across the way.

The report continues,

witnesses who appeared before the committee were unable to provide any scientific or legal proof of harm resulting from asserted lost protections under the Act as a result of the 2012 changes. This fact was noted on page 33 of the committee report, which states, “The preceding paragraphs in this section indicate the differing testimony heard with no scientific or legal evidence provided to show whether the 2012 changes broadened or reduced the circumstances under which section 35 applies.”

In some cases, witnesses like the Mining Association of Canada expressed that the 2012 changes to the Act actually increased habitat protections. They said, “...the 2012 changes have in practice broadened the circumstances in which the section 35 prohibitions apply and increased the circumstances in which an authorization and offsets are required.”

The CFA also added that, “...it is the CFA's position that a complete revert to reinstate all provisions of the Fisheries Act as they were would be unproductive [and] reestablish the same problems for farmers, and...provide little improvement [in conservation]”

I have just gone through the Senate amendments as they apply to habitat banking. I could go on at length about inshore fisheries, and I will do that later in my speech.

I will talk about Bill S-203, which is ending whales in captivity, which was rolled into this bill, and some of the concerns Conservatives have. Previously, when a southern resident killer whale was in jeopardy and in need of rescuing, there had to be an order in council from the Lieutenant Governor of British Columbia. The Lieutenant Governor of British Columbia and the province do not have the mechanisms in place to respond quickly to that request. When every minute counts when trying to save the life of a resident killer whale or a cetacean, we need to have a tool in our tool box to act quickly. In that regard, Bill S-203 was flawed at that point. That was a serious concern the Conservatives had. The Senate amendments took that away, and that power now rests with the minister in this House, which I think is the right way of moving forward.

While there are still concerns about Bill S-203, we believe that the amendments from the Senate give us some assurances that some of the main concerns we had were addressed. However, in Bill S-203, there were some differences in the translation from French to English. In legal terms, one could argue that the intent may not be the same. That was brought up at committee, and the legal team and officials could not answer questions as to whether those discrepancies in the translation from French to English could have serious consequences down the road.

Bill S-238 is the shark finning bill. As I mentioned, a Conservative senator put forward Bill S-238. It is similar to the bill my hon. colleague from Port Moody—Coquitlam put forward earlier in this session, which was voted down, but I am glad to see that Bill S-238 has been rolled into Bill C-68. Again, there are concerns as to how Bill S-238 could be prescribed down the road, but I believe in my hon. colleague's intent and in the spirit of the bill.

As was mentioned earlier, when the officials were before committee during the study of BillS-238 talking about the practice of shark finning and the importation of shark fins, shark fin soup is apparently still allowed to be imported. Shark fin soup can come in, because “soup is soup”, which is a quote from one of the officials. They committed to get back to the committee as to whether that was true. I have yet to hear if they got back to the committee.

My hon. colleague talked about the intent of Bill C-68. It is important for Conservatives to state our concerns about the bill once again. They were mentioned previously, and I have expressed some of them. Bill C-68, from a policy perspective, is a piece of legislation that makes Canadians feel good.

It is interesting that after the Senate amendments beefed the bill up, the minister and the Liberal government watered it back down, just as senators were trying to beef things up and do their job. The Senate does great work. It sent the bill back to us with some good amendments, yet the minister and the government are scrapping a good portion of them.

As I said, Bill C-68 was payback for all the third-party groups that supported our Liberal colleagues across the way. Well, they supported anyone but the Conservatives. This leads me to my next point, which is relevant, because it goes to the crux of Bill C-68.

Bill C-68 can be grouped with Bill C-69, the Liberals no pipeline bill, and Bill C-48, the oil tanker moratorium act. Recently, six premiers from across the country wrote the Prime Minister to say that the bills represent one of the largest threats to national unity we have seen, that the threat to our national economy is real and that the damage these bills would do to our economy, jobs and investments is profound.

Why do I bring this up? As I mentioned, Bill C-68 is payback for all the support the Liberals got in the 2015 election. What support am I referring to? In 2015, 114 third parties poured $6 million into influencing the election outcome. Many of those parties were funded by the U.S.-based Tides Foundation. The new director of policy was a top executive there. The Prime Minister's former chief adviser, Gerald Butts, was previously the president of the World Wildlife Fund, another Tides-sponsored organization.

Another Tides-sponsored organization is Leadnow. As noted in an article, it is a “non-profit society that was created in 2010 with the goal of bringing to Canada a model of on-line, political campaigning and movement organizing that began in the U.S. behind President Barack Obama.”

The article states:

During Canada’s 2015 federal election, Leadnow ran a strategic voting initiative called Vote Together. Leadnow claims to have defeated 25 Conservative incumbents.

Leadnow targeted me, but it did not win. However, it was successful in 25 Conservative-held ridings.

The article continues:

From Leadnow's 2010 Business Plan, it is clear that as far back as 2010, Leadnow has been focused on defeating the Conservative government. Leadnow's “Investor Package” states that Leadnow intended to "offer tangible support to parties that adopt their policies, and use tools like strategic voting to “swing elections” to reflect Canada's progressive majority.”

Why am I bringing this up? What is the relevance? This goes back to 2008, when a group of radical American anti-fossil-fuel NGOs created a tar sands campaign. It was geared, as quoted in a column in the Financial Post, to landlocking “the Canadian oil sands by delaying or blocking the expansion or development of key pipelines” by “educating and organizing First Nations to challenge construction of pipelines across their traditional territories” and bringing “multiple actions in Canadian federal and provincial courts.” These NGOs wanted to raise the negatives, including by recruiting celebrity spokespeople, such as Leonardo DiCaprio, to “lend their brand to opponents of tar sands and generat[e] a high negative media profile for tar sands oil.”

The column states:

[T]he Rockefeller Foundation, the Hewlett Foundation, and the David and Lucile Packard Foundation... along with environmentalist charities, poured hundreds of millions of dollars into the U.S.-based Tides Foundation

Why did the they do that? It was to do whatever they could to target our natural resources.

I say this because fish is a natural resource, and Bill C-68 is another bill, along with Bill C-69, the no pipelines bill, and Bill C-48, the tanker moratorium, that targets our resource sector.

I will bring members back to the earliest days of this sitting where the Prime Minister stood and said that Canada would become known more for our resourcefulness than our resources.

Make no bones about it; these groups have infiltrated our government at the highest levels. Gerald Butts, president and CEO of the World Wildlife Fund, was a chief adviser to the Prime Minister. He brought with him former campaigners. Marlo Raynolds, chief of staff to the environment minister, was a past executive director for the Tides-backed Pembina Institute. Zoë Caron, chief of staff to the Minister of Natural Resources, was a former WWF Canada official. Sarah Goodman, on the Prime Minister's staff, was a former vice-president of Tides and now holds potentially one of the most powerful positions as director of policy in the PMO. It is concerning at every step of the way.

I will bring members back to question period when the Minister of Democratic Institutions said that one side of the House likes to cheat and the others are doing everything to protect our democracy. We have seen time and again, going back to 2015, where we have all of these groups that were funded to take on our former prime minister Stephen Harper and the Conservatives to defeat them and they propped up this Prime Minister, then the member for Papineau, and he made all of these promises. What do we see? We see now that he is following through on those promises to the environmental groups, the NGOs.

I have had fisheries groups and first nations say to me that when they want to get in to see the minister, they have to go through environmental groups. I do not think there is a government that has had more lawsuits against it from first nations than any other than the current government. On marine protected areas, the government is doing what it calls consultation. I will get into the consultation on Bill C-68. The Liberals like to say it is consultation. They will stand in the House and they are disingenuous to Canadians who are listening in. We have the proof. I talked a little about how the foreign funding has influenced our highest offices of the government, and that is what we are seeing in our pieces of legislation. Bill C-68 is no different.

As part of the economic action plan in 2012, and in support of a responsible resource development plan, our former Conservative government put forward changes to the Fisheries Act. They were geared at strengthening the act and removing unnecessary bureaucratic red tape. They were geared at making that process manageable so that proponents knew the steps that had to be taken. It was not letting them off the hook. We heard testimony from the Mining Association of Canada that it actually increased areas to which its members could be found negligible and fined. Our changes supported a shift from managing impacts to all fish habitats to focusing the act's regulatory regime and managing threats to the sustainability and ongoing productivity of Canada's commercial, recreational and indigenous fisheries.

Now, instead of listening to experts, the people who actually use our waterways and fish our rivers, lakes and oceans, the government turned a deaf ear to practicality and pushed forward, through the use of time allocation, legislation that will affect lives and do little to enhance the deterioration of fisheries in Canada. I said that in a previous speech. At that time, I believe it was 23 out of 25 of our core fisheries that were at very serious levels. Why was that? The fisheries management plans were not done. We do not manage fisheries to grow more fish. We manage fisheries to extinction.

I would put our team up against that team any time. Our member of Parliament for North Okanagan—Shuswap, our member of Parliament for Dauphin—Swan River—Neepawa and our member of Parliament for Red Deer—Lacombe all had previous careers in this. We hunt. We fish. We live off the land. We are farmers. We are conservationists at heart. Bill C-68 actually made things harder with some of the changes that we did.

One of the Liberal members who was on the committee at the time, who himself is a farmer, said that if he had a flood on his property, the changes that the former Conservative government had done would actually make it easier for him to respond. If a community or a municipality had a road that was washed out, it actually allowed workers to go in, without skirting any of the rules or regulations, work within the prescribed timelines and schedule to actually get the work done and respond quickly.

The EnvironmentOral Questions

June 11th, 2019 / 2:55 p.m.
See context

Ottawa Centre Ontario

Liberal

Catherine McKenna LiberalMinister of Environment and Climate Change

Mr. Speaker, we have been clear. We need to take action on climate change. We need to grow our economy. What is also clear is that the party opposite is taking its marching orders from oil lobbyists. Conservatives do not believe that we need to take action on climate change. They want to kill Bill C-69, which would ensure that we are making decisions on environmental assessments on major projects based on science, based on indigenous consultation and ensuring that good projects go ahead in a timely way.

When will they get it that the environment and the economy go together in the 21st century?

Intergovernmental RelationsOral Questions

June 11th, 2019 / 2:20 p.m.
See context

Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Mr. Speaker, Ontario, New Brunswick, Alberta, Saskatchewan, Manitoba, and now the Northwest Territories have just written an urgent letter to the Liberal Prime Minister calling on him to amend or withdraw Bills C-48 and C-69. The provinces simply want to be respected as the valuable partners that they are.

When will this centralist and paternalistic Prime Minister consider these democratically elected provincial premiers and their governments as he should?

Canada–United States–Mexico Agreement Implementation ActGovernment Orders

June 11th, 2019 / 1:30 p.m.
See context

Conservative

Deepak Obhrai Conservative Calgary Forest Lawn, AB

Mr. Speaker, it is a pleasure to rise once more in the House to talk about the NAFTA trade deal. I listened to the talking points of the Liberals. They talk about all the good things international trade and the free trade agreement do. They are the same old talking points.

Once upon a time when we were in government, we said the same thing in support of free trade. However, I need to remind members on the other side that it was the Conservatives who were the party that pushed for free trade. NAFTA came about because of the Right Hon. Brian Mulroney. No one in the country would say that NAFTA was not a good deal for Canada.

However, as my colleague from Prince Albert has just eloquently said, the problems are with NAFTA .5. When the parliamentary secretary says why .5 and not .0, simply and straightforwardly, we do not trust the Liberals to set up any kind of a good deal, knowing the results since they have come into power.

I remember very clearly that it was the Liberal Prime Minister who shunned TPP in Vietnam. He was the only leader not to go. At that time, he had his own idea of free trade. Even the Chinese shut the door in his face. The point of this story is the reason why the Conservative Party supports this, despite all the flaws and everything here, because the business community needs this. The Conservative Party has always been a very proud free trade party. During the time of Prime Minister Harper, we signed a lot of free trade agreements around the world because we knew it is right.

The biggest one for everyone was NAFTA. Today, we call it NAFTA .5. The Liberals want to call it NAFTA 2.0. Mexico calls it NAFTA 8. The fact is that, yes, the business community needs stability. The business community is looking for some kind of stability in this economy so it can move forward. This is one way in which we can bring that kind of stability.

However, to remind all Canadians, since the Liberal government has taken power, five premiers have written to the Prime Minister today. They has said that under his regime, Bill C-69 and Bill C-48 will threaten national unity. That has never happened before, where five premiers have written to say that Liberals have created an environment in the country that is not conducive to business and actually threatens the security of national unity. It is unprecedented. That is the record the Liberals have for the economy, which is why we do not trust them to get NAFTA back.

However, there is some hope in the sense that even with this flawed NAFTA deal, the business community will have some kind of confidence in the economy, forgetting about what the Liberals have done. The country needs to do it. We do not know where the Liberals are going with the Trans Mountain pipeline. Hopefully very soon we will have shovels in the ground.

I come from a province that has taken a massive hit by the Liberals' economic policy, and it continues. Right now, confidence in Canada is declining under the government.

Under Prime Minister Harper's government, confidence in Canada was going up. Under the current government, investor confidence in Canada is going down. We can talk to anyone out there, in London or New York and so on. If it comes to Canada, they slowly turn their heads away. The sunny days and sitting on the international stage by the Prime Minister has all evaporated in the air. He is no longer the darling of anything and if he continues the way he is, we could face serious economic poverty.

Hopefully, on October 21, Canadians will have a choice and will send the Liberals packing on their economic record, which is one of the most important things that needs done, because jobs bring stability.

I saw the most foolish ads yesterday when watching the Raptors. They were so-called third party advertisements against the leader of the official opposition. I have never seen a more idiotic advertisement. They will make Canadians more angry.

Unifor, the so-called journalists' union, is absolutely at the forefront of this sentiment, making it very clear that it does not like the Conservative Party. What it seems to forget, however, is this is not about Unifor; it is about Canadians and jobs. Unifor keeps saying it wants to fight for jobs. However, if it wants to fight for jobs, it should be honest about it. It should work for all Canadians and not be partisan.

Once more, I am standing in the House of Commons to stand up for free trade. We all know free trade has immense benefits for our country and for our jobs. If there were no tanker ban, no problematic Bill C-69, there would be such confidence in Canada. We would be a model country.

We have been blessed with natural resources. We do not have just one natural resource, but multiple. We should develop them, although I agree 100% that this should be environmentally sound.

Let us look at our oil production. We have one of the best systems in the world. We can compare it to those in countries like Venezuela and Nigeria, where there are no environmental standards. They are moving full steam ahead. Let us be honest. Let us work environmentally. It is time for the country to move forward with developing its natural resources.

With respect to the new NAFTA that has just been signed, all my colleagues have, very eloquently, made it clear that it has serious flaws. We want confidence. It is the one piece of legislation the government has brought forward that can give some kind of confidence to the business community that Canada is a free trade country.

Many people do not understand the amount of money Canadian businesses invest overseas. It is in the trillions of dollars. If it were not for free trade agreements, Canadian businesses would be unable to invest overseas. The Canadian investments of over $1 trillion will, in the longer term, help our country's economy, making businesses very strong.

Free trade agreements go both ways. They are for us and the countries with which we sign. That is why so many are signing on to the TPP. I am glad that the government finally, after insulting the leaders of the TPP, came to its senses. This came after China told us to take a hike when Canada went to China to sign a free trade agreement.

In the end, the Conservatives will support the bill because we believe Canadians need confidence, the economy needs confidence and the business community needs confidence so we can proceed forward and create jobs that will benefit each and every Canadian.

Canada–United States–Mexico Agreement Implementation ActGovernment Orders

June 11th, 2019 / 11:40 a.m.
See context

Conservative

Dean Allison Conservative Niagara West, ON

Madam Speaker, as has been mentioned before by my colleague from the NDP, I would caution the government to move prudently on this. We have already seen the Democrats not wanting to give Mr. Trump any kind of victory. Therefore, we have not seen a lot of co-operation from the U.S. If we get too far ahead of ourselves regarding ratification, that could be an issue. Therefore, I would echo the comments of my colleague from the NDP that as a result of the uncertainty we see in the U.S., we need to be cautious as we move forward with ratification.

The government's legislation aims to implement the Canada-United States agreement. The government is calling it by its acronym CUSMA. The bill would reaffirm key NAFTA provisions, but it would also introduce new conditions on Canadian trade and economic strategy.

Mexico and especially the United States are Canada's natural trading partners. A framework agreement that governs trade and other commercial issues between all three countries is essential.

I would like to state from the beginning that the Conservatives will support the speedy ratification of CUSMA's implementing legislation. However, having said that, it is also important to say that the deal and how it came to be is not without significant flaws.

In the beginning of negotiations, the Prime Minister pushed an agenda, including issues that were not on the radar of the Americans whatsoever. This nearly derailed the whole deal. It was very similar to what the Prime Minister did just months before negotiations of the trans-Pacific partnership with his erratic behaviour. The government pushed non-trade-related matters, which seemed to irritate the Americans, instead of seeking to find common ground on priorities and mutual interests.

As a result of taking that type of tactic to negotiations, the Americans negotiated most of the steel provisions with the Mexicans and then brought Canada in at the eleventh hour to deal with some of the remaining issues that had not been dealt with. We had an opportunity to be at the table with our most important and significant trading partner, but we were talking about issues the Americans did not want to talk about. As a result, they decided that since we did not want to talk about trade and NAFTA, they would talk to Mexico. We should think about the implications of that. We were not even at the table at the time the agreement came into effect. That speaks volumes to how the government handled this process.

As I said before, of course the Conservatives are going to support the bill. We reached out to stakeholders. I had a chance, like some of my colleagues, to talk to stakeholders across the country. They said that they needed certainty, that they needed a deal. There was no question about that. However, the concern is that the Liberal government talks about what a great deal it is, but that is definitely not the case as we move forward. What stakeholders and people have told us is that a deal is better than no deal. That is why Conservatives will be supporting the bill.

The government did not fight for our own interests. Let us think about that. It talked about the interests that were important to the Liberal Party and its political brand. The Liberals were focused on non-trade issues instead of worrying about the national interests of Canadians.

Let us consider auto manufacturing, agriculture and lumber. After four years, we still do not have a softwood lumber deal. I do not even know if the conversation has been brought up. Despite our many interests, which include auto manufacturing, agriculture, lumber and prescription drugs, the Prime Minister represents his own political interests. That should be very concerning for Canadians.

In addition, during the negotiations, the Americans decided to impose devastating steel and aluminum tariffs for close to a year. This was after months of them asking the Liberals to fix the loopholes that allowed steel dumping into the United States via Canada.

Now we have a bill before us that does not put safeguards in place. The Americans asked us to do this four years ago, but because the Liberals decided it was not important, we ended up with steel and aluminum tariffs. For years our manufacturing sector was under a bunch of uncertainty. We saw our jobs move to the states and a number of other things. Only now are the Liberals reacting. It it almost as though they created the crisis so they could point out they fixed it. That is what Canadians should really understand.

Canadian businesses and producers are still reeling after this very difficult period. The imposition of these very avoidable tariffs on Canadian steel and aluminum have served to erode our competitiveness and have impacted thousands across the supply chain. The Liberals announced a $2-billion assistance package for the steel and aluminum sector, but almost none of this money has gone to the workers.

I talked to a number of businesses the other day. They said that before steel and aluminum tariffs were lifted, there was a big push from the government to get their applications in and it wanted to work with them. Then, all of a sudden, there was radio silence.

Are all those companies left holding the bag with respect to not having money and not having access or is the government going to follow through? It is easy to announce and reannounce programs. It is more difficult to ensure the money gets out the door. This is a huge issue. The reality is that these tariffs were avoidable. There was no reason for those steel and aluminum tariffs and the pain that our manufacturing sector has had to endure over the last couple of years.

Once again, the Liberals talk about all the money that has been collected, which I believe almost $2 billion. My point is that very few businesses have received any money. We studied this at committee for quite some time. Company after company said that the application process was difficult and that was hard to figure out how to make this thing work. They also said that they were not getting money. Once again, the announcement talked about the money, but the proof was whether the companies had the kind of help they required, and that was not the case.

This was all avoidable if the government had acted when the Americans asked it to close the loophole that allowed cheap and dumped steel to flood the American market, using Canada as a transit country.

The Liberals have lurched from crisis to crisis on trade and tariffs. They have been constantly out of step with Canadian workers and manufacturers. The government's negotiations of CUSMA also delivered no progress on buy American provisions with respect to government procurement.

Another issue we have not talked about is buy American. It is concerning for our Canadian manufacturers. Are they going to have the ability to access some of those things? It is a major blow to Canadian businesses and jobs across the country.

The Liberals also made concessions on the Canadian supply-managed agriculture sector, which the foreign affairs minister deemed to be key to our national interests . The Americans did not budge when it came to their use of agriculture subsidies. As a matter of fact, we have seen the subsidies grow over the last number of months.

The government and the Prime Minister also made key concessions on intellectual property, which will see provinces burdened with higher costs for biological drugs.

The government also restricted future trade deals, with unparalleled provisions granting Americans an indirect veto over Canadian trade partners. Think about this for one second. This is an issue of sovereignty. While the U.S. negotiates trade deals with China, basically it has told us that we need to get its permission if we want to move forward on any deal with China. This is huge. This was not discussed a whole lot in the general public, but has long-term consequences for our ability to do our job as Canadians and get our products to market.

I will give credit where credit is due. One of the major achievements was to preserve chapter 19, the dispute resolution provisions. The minister mentioned that. It is fair to say that it was a concern if we did not have an independent third party to look at some of our challenges. Therefore, I will give credit to the Liberals on that one, but that will probably be it right now. However, that was definitely important.

A trade deal is judged by what one has gained from the negotiations. In this deal, compared to previous versions, Canada lost a number of key sectors and gained absolutely nothing. However, the Liberals go on tour around the country like they are some kind of heroes and it makes no sense. They have lost ground from previous governments. We do not talk about it as a save, but it could have been a lot worse. However, to travel around the country and say somehow this is an amazing deal for Canadians is just not true.

It has been very clear from the beginning that the Liberal government was unprepared to renegotiate the NAFTA deal. When the negotiations started, the Liberals kept stumbling and in the end, they were forced to take a deal where they lost on many fronts.

As I mentioned earlier, we will support the bill because it is essential to provide our businesses and producers with certainty. We have heard that on the ground. They have also suffered enough under the government. The Liberals have mismanaged the economy and trade. They have created a lot of uncertainty as we move forward.

Another thing we need to point out is that last year the U.S. grew its economy by 3.2%. That was after a government shutdown for the first quarter. In 2018, when the government was shut down for a large part of the first quarter in which it only had 2% growth, it still was able to notch up growth of over 3.2%.

We need to compare our record with that. In the last quarter of 2018, we saw growth at 0.3%. This quarter it was 0.4%, which is not quite a third of that of the U.S. The U.S. economy is on fire right now and the best we can muster is a growth of 0.4%, with all the money we are spending and all the deficits we are creating. The comparative is important to understand.

In order to compete with the United States and Mexico, our business environment needs to be more competitive or else we are setting up our businesses to fail in the face of strong competition from our counterparts to the south.

How is Canada doing with respect to competitiveness? The government has managed to make things worse on this front as well.

Let us start with the most important mistake first, and that is the carbon tax. First, let us just get this out of the way in the beginning. The carbon tax is not an environmental plan; it is a tax plan. It will do nothing for the environment. The Liberals are fully aware of this and Canadians know it as well.

The Liberal carbon tax is not a plan to lower emissions. It is just another cash grab, which is hurting already overtaxed Canadians. Small businesses and their employers are already being overtaxed. The Liberals have increased CPP and EI premiums. They have increased personal income tax rates for entrepreneurs. They have made changes to the small business tax rate that will disqualify thousands of local businesses.

Dan Kelly, president of Canadian Federation of Independent Business, said:

Many small businesses want to take action on climate change, but the carbon tax is putting them further behind. In fact, 71 per cent have told us that the carbon tax makes it harder for them to make further investments to reduce their emissions.

Seventy-one per cent of small businesses have said that the carbon tax makes it harder for them to make further investments to reduce their emissions. What more proof does the government need, when the ill-advised carbon tax makes no impact on the environment and makes our businesses uncompetitive.

Last Friday, the Canadian Press reported that the average carbon tax rebate Canadians received in 2018 was significantly lower than the amount the Liberals had claimed they would receive. When announcing the carbon tax rebate program, the Liberals established the average payment would be $248 in New Brunswick, $307 in Ontario, $336 in Manitoba, and $598 in Saskatchewan. However, the actual average rebates have been much lower: $171 in New Brunswick, $203 in Ontario, $231 in Manitoba and $422 in Saskatchewan.

Like the Prime Minister himself, these carbon tax rebates are simply not as advertised. The Liberals continue to cover up the true costs of the carbon tax. They still have not told Canadians how much more it will cost them for everyday essentials, like groceries, gasoline and home heating.

With less money being returned to Canadians, they will have even less money in their pockets, thanks to the Prime Minister and his Liberal carbon tax. The Liberal carbon tax will go up, if he is re-elected in October. Environment Canada is already planning for $300 per tonne, which is 15 times more expensive than it is today.

Make no mistake, a Conservative government will scrap the carbon tax, leave more money in the pockets of Canadians, let them get ahead and allow our businesses to stay competitive.

How else is the government making Canada's business environment uncompetitive? It is a good question, because Canada recently fell to the lowest spot ever in competitiveness. Canada has fallen out of the top 10 in a ranking of the world's most competitive economies. We are now 13th. Let us think about that. In an age where we are competing with one of the largest and most successful economies in the world, the U.S., which is ranked at number three, not only are we not in the top 10 anymore, we have dropped to 13th.

Competitiveness drives our economy. It helps us to compete when we have deals and when we try to move our goods and services across the border. This will only continue to make it tougher for Canadians to succeed financially in the coming years.

As I mentioned, the United States is number three. We are trying to compete with the world's biggest economy and it is tough when we see it use tax reform and regulation reform. What we a doing is making it more difficult for Canada to compete as a country.

If we look at the other things that are going on right now, and some of the things we talk about when it comes to competitiveness, there is the whole issue of pipelines. We have tanker moratoriums and things like that.

Let us think about that. In a day and age when the U.S. is building more pipelines, we have bills like Bill C-69. I noticed in the paper this morning that six premiers have come together to say that if something is not done, this is going to create a potential national unity crisis. In terms of the investment that we have chased from this country, it is almost $100 billion in energy investment.

Let us look at the things we are doing. We have a country south of the border that is looking for ways to reduce regulation and red tape. We have a government here that is barely chugging along in terms of its GDP. As I said, it is 0.3% in the last quarter and 0.4% in this quarter. That is without the new rules in this legislation that is before the House right now.

If we look at bills like Bill C-69, which is to increase the regulatory reform when it comes to pipelines, and Bill C-48, where we are trying to get our goods to market around the world, this is one more thing that makes us uncompetitive as we move forward. One of the things we need to be on guard against is that as the U.S. and countries around the world are reducing and streamlining regulation, we are making these things more difficult.

We need to look at what we are doing as a country. Trade deals are important. The U.S. is extremely important as a partner. As I said before, stakeholders have told us that it is more important to have a bad deal in place, for certainty, than it is to have no deal at all. Therefore, as we move forward on these issues, one of the things we need to be talking about is not just the trade deals we have right now, but how we are going to become more competitive in the future.

Looking at the kind of money we are spending on deficits, the current government has racked up almost $80 billion in deficit spending, and yet we have very little to show for it when we start talking about GDP growth and some of these things. There was the tax on small businesses that we experienced two or three summers ago. How are these things helpful in terms of making us more competitive?

As I look at what is going on around the world, I believe we are heading in the wrong direction. I believe we should be doing much better, given the fact that the U.S. economy is on fire south of the border. Yes, we need to do other things, like work on how we can get our goods and services across interprovincial borders and a number of these things. However, one of the things we need to constantly work on is how we streamline to reduce the burdens that business owners have to deal with.

In looking at this bill before us today, we realize that it would create some certainty for some businesses. In the long term, the challenge will be how we deal with this issue in terms of competitiveness. How do we deal with the issue that we need to do a better job of getting our goods and services to market? How do we deal with the issues of trade infrastructure in this country?

When we were in government, we spent a number of dollars on trade infrastructure, as it was very important to us. We have not seen a whole lot of money go out the door in terms of infrastructure. There has been some talk about an infrastructure bank, and yet in the three or four years, there has been very little money flowing out the door. We have somewhere in the neighbourhood of almost $80 billion in deficit spending and we do not have a lot to show for it.

Sure, we have more programs, but at the end of the day, what do Canadians feel about that? I would say that Canadians are not feeling that they are any better off. As a matter of fact, we have seen it reported in the press that Canadians are feeling the pressure, in terms of what they have to take home at the end of every month.

As we move forward, these trade deals are important, but we have to continually focus on competitiveness here at home. We have to figure out ways that we can reduce taxes, reduce regulations and streamline the process, and then we can move in a direction that helps us to compete around the world. We have a great opportunity, with what is going on around the world right now, to attract the best and the brightest. I would encourage the government to continue to move in that direction. I can assure members that when we have the opportunity to form government in October, some of the things we are going to be looking at are how we become more competitive as a country and how we compete with the U.S. and other countries around the world.

In closing, the Conservatives will be supporting this deal. However, we have some concerns with how it was handled. We have concerns with some of the crises that were created that we believe did not need to happen. We will do our best to try to fix these things when we are elected with a strong, stable Conservative government in October of this year.

EqualizationPetitionsRoutine Proceedings

June 10th, 2019 / 3:30 p.m.
See context

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Mr. Speaker, my constituents are furious with the government's attempt to pass Bill C-69, the no more pipelines act. They are similarly furious with having to pay equalization payments under the current formula, given all the efforts of the government to stop the development of Canada's natural resources sector, specifically the energy sector. The petitioners believe that enough is enough. The context has changed. They believe that it is not fair for people in my province to pay equalization under the same formula, given the punitive policies the government has put forward.

I am pleased to present this petition on behalf of my community, which calls on the government to immediately cancel Bill C-69 and launch a study on the economic impact of equalization, including an examination of the formula.

Natural ResourcesOral Questions

June 10th, 2019 / 2:40 p.m.
See context

Conservative

John Barlow Conservative Foothills, AB

Mr. Speaker, experts agree the Liberals are not getting it right. Their tanker ban and their no-more-pipelines bill, Bill C-69, are sinking Canada's energy industry, and the Liberals' energy ineptitude is continuing with these delays to the Trans Mountain expansion. The Liberals are going to announce next week, once again, approval for this project, but it means absolutely nothing unless there is an actual plan to get it built.

The construction season is half over. What is the Prime Minister willing to do to ensure that construction begins in Burnaby this summer?