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

The EnvironmentOral Questions

February 13th, 2018 / 2:40 p.m.
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NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, the Liberals promised to actually strengthen the environmental assessment process gutted by the Conservatives. It is still in place. They promised to remove political considerations from assessments and base decisions on project approvals on scientific evidence, yet Bill C-69 retains the government's ability to disregard scientific evidence, traditional knowledge, identification of adverse impacts, health risks, and community concerns, and still deem the project to be in the public interest.

How can the Minister of Environment defend this bill as a strengthened law?

The EnvironmentOral Questions

February 13th, 2018 / 2:40 p.m.
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Conservative

Bernard Généreux Conservative Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Mr. Speaker, the Conservatives implemented a rigorous environmental assessment process enabling Canada to meet its economic and energy needs, all while ensuring that approval decisions are based on science. With Bill C-69, the Liberals are trying to turn this process upside down, even though it works very well.

Can the minister tell us which projects approved under the former process she does not agree with? Which projects would she like to see fail?

The EnvironmentAdjournment Proceedings

February 12th, 2018 / 7:25 p.m.
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Kanata—Carleton Ontario

Liberal

Karen McCrimmon LiberalParliamentary Secretary to the Minister of Transport

Mr. Speaker, I thank the hon. member for her tireless commitment to environmental protection. She has made a difference.

Our government committed to restoring navigation protections, and that is what it has done. On Thursday, our government introduced Bill C-69, which contains amendments to the Navigation Protection Act and would create the new Canadian navigable waters act.

This new act is informed by a study conducted by the Standing Committee on Transport, Infrastructure and Communities, as well as 14 months of listening to Canadians, including indigenous peoples, boaters, industry, other levels of government, environmental non-government organizations, and the Canadian public.

The new Canadian navigable waters act delivers on our government's mandate commitment to restore and better protect the rights of Canadians to travel on Canada's vast network of waters. It will do this by introducing navigation protections for every navigable water in Canada, increasing transparency in our processes, giving indigenous people and communities a say in projects that may affect them, and by providing opportunities for indigenous people to become partners in protecting navigation.

Indigenous peoples have a sacred relationship with waterways and use those waterways to exercise their rights. This is why the Canadian navigable waters act is an important opportunity to advance our government's commitment to reconciliation with indigenous peoples based on the recognition of rights, respect, co-operation, and partnership.

Indigenous people have told us they want more information about development on the navigable waters in their traditional territories. The Canadian navigable waters act proposes new notification requirements and the creation of a public registry that would make information available about new projects in all navigable waters in Canada. It also proposes a new process that would allow indigenous people and communities to raise concerns about projects with project proponents, and for the government to assist with resolving these concerns when needed.

The proposed Canadian navigable waters act is aligned with the principles and approaches of the broader environmental and regulatory system introduced by my colleague, the Minister of Environment and Climate Change, on February 8. Any permitting decisions under the Canadian navigable waters act will be fully integrated into this new impact assessment system so that we can protect our environment, fish, and waterways, rebuild public trust, and create new jobs and economic activity.

Together, we are committed to implementing a new environmental and regulatory system that responds to the needs of Canadians.

The EnvironmentAdjournment Proceedings

February 12th, 2018 / 7:20 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, it is an honour to rise this evening in adjournment proceedings to return to a question I asked on October 23 of last year. Some will remember this question only for the uproarious laughter that ensued, most inappropriately, as some members in this place thought the Minister of Transport had misspoken. He referred to the kind of sense of shared commitment the opposition benches all felt in opposing the omnibus budget bills put forward by the previous government.

In the spring of 2012, the omnibus budget bill, Bill C-38, repealed our environmental assessment act and destroyed the Fisheries Act. We fought very hard against that, and then in the fall of the same year, there was another omnibus budget bill, Bill C-45, that gutted the navigable waters protection act. In referring to that, the hon. Minister of Transport referred to remembering spending the whole night with me, which of course, was in this House over 24 hours of straight voting. Very few members actually stayed in their seats voting continually on every amendment and every motion, but since most of the amendments were mine, I stayed here in my seat for 24 hours voting straight through. It certainly was not an occasion for raucous laughter, but we know sometimes people in this place do not rise to the occasion. They sink to grade two or maybe kindergarten.

In any case, I want to return to that, because now we have seen the proposed amendments to the Navigation Protection Act. In fact, they were tabled in this place just last week. I have reviewed them thoroughly. I had extreme concern, which I raised in my question, that the Minister of Transport was not likely to meet the mandate letter, in which the Prime Minister had instructed him to restore lost protections to the Navigation Protection Act. It appeared from discussion papers and from the report of the parliamentary committee on transportation that the government was going to be prepared to say that this is what the previous government did, that it took some 99% of navigable waters from our inland waterways out of the act and created a short list of about 100 named waterways that are internal to Canada, and that is that. If a waterway is on that list, it is navigable water. If it is not on the list, it is not. It appeared for quite a while that the Liberal approach would be to say that they would create a system whereby people could add waters to the list by application.

It was a real relief, in reading Bill C-69, one of the few places in reading that bill that I was actually relieved, that the definition of navigable waters has been changed such that it is not just the schedule of waterways that will be considered navigable waters but any waterway human beings are currently using. It would not be as broad as what there was in 1881, but any body of water, anywhere in Canada, in which one could put a canoe or a kayak and navigate one's way through would require a permit from the federal minister before that body of water could be obstructed. It is much broader than it was under Harper. It is not a complete restoration of lost protections, but a much bigger swath of interior waters of Canada would now be under a navigable waters act.

One of the aspects of the lost protection was that the issuance of a federal permit would trigger an environmental review. Under part 1 of Bill C-69, we would now have what would be called an impact assessment, but without any triggering to review projects where a federal minister had to give a permit. We await finding out what the designated projects would look like, but it would still fall short of what was promised.

Opposition Motion—Trans Mountain Expansion ProjectBusiness of SupplyGovernment Orders

February 12th, 2018 / 5:20 p.m.
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Liberal

Kim Rudd Liberal Northumberland—Peterborough South, ON

Mr. Speaker, the oceans protection plan is historic, with a world-leading $1.5 billion to protect our beautiful coasts. In addition, in part of the bill put forward last week, Bill C-69, there is a component on transportation, fisheries, and oceans. It is important to remember that it is not about each piece individually. It is the importance of all those pieces coming together to ensure that we are able to get our resources to market, and protect our environment, and protect our coastlines.

February 12th, 2018 / 5:15 p.m.
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Staff Counsel, West Coast Environmental Law Association

Anna Johnston

It's finding them, and again, this might be a legislative measure. I know that in Bill C-68, the amendments to the Fisheries Act, and Bill C-69, the proposed impact assessment act, there are provisions requiring consolidated databases of information, and also under the Navigation Protection Act.

It could be quite easy for an amendment to be made to this legislation to similarly require a consolidated registration database of all registered vessels, which would probably clear up a lot of the issues.

Opposition Motion—Trans Mountain Expansion ProjectBusiness of SupplyGovernment Orders

February 12th, 2018 / 5:10 p.m.
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Northumberland—Peterborough South Ontario

Liberal

Kim Rudd LiberalParliamentary Secretary to the Minister of Natural Resources

Mr. Speaker, I know the hon. member for Lakeland understands, as do those of us on this side of the House, how important the Trans Mountain expansion pipeline is not only to her own province of Alberta but to the entire country. I am also pleased to see that the motion refers to two key points behind our government's approval of the TMX pipeline. The first is that the pipeline is in the national interest and will create good paying jobs for Canadians. Second, if we want to sell our resources to the world, we have to provide access to those markets. Our government has never wavered in standing behind its decision to approve this project.

The Prime Minister has made the case for it on many occasions, both in the House and elsewhere, including in Alberta and British Columbia. The Minister of Natural Resources has taken that same message across Canada, including just last week in Calgary and in his speech to the Vancouver Board of Trade a couple of months before that.

I do not understand how the hon. members on the other side could believe that this pipeline is anything but a priority for our government. Our position is clear. The TMX pipeline has been important to Canada since it was originally constructed in 1953, and it will be important to our future. It will be built.

This expanded pipeline will help diversify our markets. It comes with improved environmental safety, and it will create thousands of good middle-class jobs, including in indigenous communities. The TMX pipeline will also contribute to our government’s plan to make Canada a global leader in the transition to a low-carbon economy.

How? As the Minister of Natural Resources has said, by using this time of transition to Canada's advantage, building the infrastructure to get our resources to global markets, and using the revenues it generates to invest in innovative, cleaner forms of energy, in other words, leveraging the fossil fuel resources we have today and the innovation they provide to deliver clean energy solutions for tomorrow. That is the same message we heard from Canadians through Generation Energy, a historic natural discussion to imagine Canada's energy future for our children and their children.

Canadians have told us by the hundred of thousands that they want a thriving, low-carbon economy. They want us to be a leader in clean technologies. They also want an energy system that provides equal opportunities to Canadians, without harming the environment. They also understand we are not there yet, which means continuing to support our oil and gas industry, even as we develop sources of renewable energy, such as biomass, solar, tidal, nuclear, and wind.

This is the same approach we are taking as we work with the provinces and territories to develop a Canadian energy strategy, one that seeks common ground and shared purpose, leveraging our traditional resources while promoting renewable sources of energy, enhancing energy efficiency, and investing in clean technology. TMX fits within all of this.

We are under no illusions that everyone would agree with our approval of TMX. Many Canadians, including a number in Lower Mainland, British Columbia oppose the pipeline. Our government understands and shares British Columbians' sense of responsibility for Canada's spectacular west coast, which is why we took the time to get our TMX decision right, based on the best science, and the widest possible consultation.

At a time when the government of British Columbia has announced its own intention to consult, it is important to remember the broad consultation that has already taken place. The National Energy Board concluded a thorough review of TMX, and recommended that we approve the project, subject to 157 binding conditions.

To enable even more voices to be heard, however, the Minister of Natural Resources also appointed a special ministerial panel to hold additional hearings. The panel held 44 public meetings, hearing more than 600 presentations, and received some 20,000 submissions by email.

At the same time, we made the single largest investment ever to protect Canada's oceans and coastlines, with the $1.5 billion oceans protection plan, which was needed whether the TMX was expanded or not. It is an oceans protection plan that will improve regional plans with key partners, particularly coastal and indigenous communities that have irreplaceable on-the-ground and traditional knowledge. This generational investment in ocean safety addresses concerns about spill prevention and responses and provides significant additional protections for Burrard Inlet and the Salish Sea.

In approving TMX, we have also done something unprecedented in Canada. We have co-developed an indigenous advisory and monitoring committee to help oversee the safety of a major energy project through its entire life cycle. Our approval of TMX also fits within our international commitments on climate change and will be required to operate within the hard cap on emissions set by Alberta's climate plan. In fact, TMX, the line 3 replacement pipeline, and the proposed Keystone XL pipeline together will be required to stay within the 100 megatonne limit set by Alberta.

Finally, it is worth making the point that Canada will continue to produce oil and ship it across the country, whether new pipelines are built or not. What is indisputable is that pipelines are by far the safest means. The Pipeline Safety Act strengthens this by enshrining the principle of polluter pays. It makes companies liable, regardless of fault, for $1 billion in the case of major pipelines, and requires them to have the financial resources to respond to potential incidents.

Once the TMX is up and running, it will give Canadian energy a route to world markets, providing Canadians with something they have not had before: options. For the first time, we can export our energy where we can obtain the best price. Market decisions, not a monopoly buyer, will determine our strategy.

Those who believe that stopping TMX is a win overlook what would be lost: jobs, income, investment in the energy transition, and opportunity. As the world continues to make the transition to a low-carbon future, we need sensible, sustainable approaches, ones that understand that the path to a low-carbon future may be long, but its trajectory is clear. Our responsibility is to use this time wisely by improving the environmental performance of traditional energy sources while developing new ones, by investing in both pipelines and clean technologies, and by engaging indigenous peoples as never before. That is exactly what we have been doing.

We are demonstrating that we can grow the economy significantly while protecting the environment, that the two can, and indeed must, go together. The legislation we introduced last week, Bill C-69, is the clearest proof of that. It would offer a new approach to assessing and reviewing major new resource projects, a modern way to ensure that good resource projects were built in a responsible, timely, and transparent way.

This is our plan for Canada, a plan that points us to a stronger economy and a cleaner environment. I invite the hon. members opposite and the member for Lakeland to get behind this nation-building plan, to work with us rather than using this opportunity to further ignite tensions. Let us build a brighter future for Albertans, British Columbians, and indeed, all Canadians together.

February 12th, 2018 / 4:40 p.m.
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Ken Paul Director, Fisheries and Integrated Resources, Atlantic Policy Congress of First Nations Chiefs Secretariat

First, I'd like to acknowledge that we are on Algonquin traditional lands, and that we want to respect their sovereignty.

I also want to mention that I'm replacing Chief Bob Gloade, who had a medical emergency yesterday. He was supposed to appear on our behalf as one of our co-chairs, and I hope that we can send prayers for a speedy recovery to him and his family.

Chief Terry mentioned our treaties. I would like to read an excerpt from the treaty of 1752, the Peace and Friendship Treaty, between His Majesty the King and Jean Baptiste Cope. Article 7 specifically says:

That the Indians shall use their best Endeavours to save the lives and goods of any People Shipwrecked on this Coast, where they resort, and shall Conduct the People saved to Halifax with their Goods, & a Reward adequate to the Salvadge shall be given them.

This actual treaty and this passage itself can be found on the Indigenous and Northern Affairs website.

We understand that with Bill C-64, an act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations, the Government of Canada seeks to strengthen liabilities of owners, prohibit abandonment, enhance federal powers to undertake assessments, introduce compliance and enforcement regimes, and clarify the roles of Transport Canada, the Department of Fisheries and Oceans, and the Coast Guard.

The Standing Committee on Transport, Infrastructure and Communities must consider the points that follow.

The Mi'kmaq and Maliseet are signatories of the treaties of peace and friendship with the crown. The treaties are pre-Confederation nation-to-nation agreements, and Canada has officially recognized the treaties of 1752 and 1760-1761 through court cases.

The Mi'kmaq and Maliseet have never ceded any territorial lands or waters to the crown or Canada. As original inhabitants of territory spanning Nova Scotia, New Brunswick, P.E.I., Newfoundland, and Quebec, Mi'kmaq and Maliseet enjoy aboriginal treaty rights that originate from our inherent rights.

According to Canadian law, the crown has the fiduciary duty to consult with first nations chiefs on any legislation that may impact aboriginal and treaty rights, and this includes Bill C-64.

The treaty of 1752 identifies and acknowledges a critical role of Mi'kmaq people in rescue and salvage operations of shipwrecks on the Atlantic coast.

Bill C-64 proposes new authorities to the Minister of Fisheries and Oceans and the Canadian Coast Guard with respect to wrecks and abandoned vessels for salvage and environmental damage. This includes fees and penalties. These authorities and the roles of first nations must be discussed in full consultation with Mi'kmaq and Maliseet.

Bill C-64 proposes new registries for vessel owners, along with associated fees. Any new regulations, policies, administration, or costs must be discussed in full consultation with Mi'kmaq and Maliseet.

Economic opportunities to perform vessel deconstruction, recovery, salvage, and transport must give special consideration and preference to Mi'kmaq and Maliseet enterprises.

Environmental and economic impacts of shipwrecks and abandoned vessels in unceded traditional territories must also take into consideration the social and cultural impacts to Mi'kmaq and Maliseet people. This must include, but not be limited to, indigenous traditional knowledge, which has been expressed in Canada's proposed Bill C-69, the impact assessment act.

Thank you for your consideration.

February 12th, 2018 / 4:15 p.m.
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Chair, Advisory Council on Economic Growth

Dominic Barton

I'm not familiar with the details of Bill C-69, so I apologize for that. We will make sure that we look at that. It sounds as though there are some elements that would be in line with what the panel recommends, in regard to the point you made about speed.

What we're saying is probably more at an execution level within the current rules. What we were hoping to have put in place is this expert panel. We said we wanted to have representatives from the private sector and academia, not just from the government side, that would actually look at this, working with the Treasury Board Secretariat, literally to go through what we were saying on a sector-by-sector basis. We identified six tables that we think are important. We would start with those to say, “Let's just go through those on an execution basis and see what we already have; what are some of the regulations that are in place?”

February 12th, 2018 / 4:10 p.m.
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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

I'm going to focus on the initial questions that my colleague Mr. Albas had about the Expert Panel on Regulatory Agility and Innovation, which you talk about here.

I would ask that you flesh it out some more and maybe draw a parallel with a piece of legislation before the House of Commons right now, Bill C-69, that would basically replace some of the regulators that exist now. It will add the following areas of study for companies to submit, including, I guess, some type of documentation on health, economy, social issues, gender, and indigenous rights. They are shortening the target dates for having an approval from 450 days to 300 days, but they seem to be layering on more complexity for the company to be able to get to the point of saying yea or nay.

How does that fit with the Expert Panel on Regulatory Agility and Innovation? How do you see these two? On one hand, you have this piece of legislation that is proposing to increase the scope of study of the subject matter that companies need to look at. It's pretty broad in its scope, so I can already see individuals who work in those companies trying to figure out how to comply with the new rules, how to demonstrate compliance with the regulator. On the other hand, they are also shortening the timelines, which would be a good thing, because you will find out faster whether you comply with the requirements.

In this year, you talk about unleashing creativity of Canadian innovators and entrepreneurs and better coordination between agencies and jurisdictions. Can you talk more about that? On one hand, you have the government doing one thing, and you're recommending something that doesn't seem to align itself too well.

Opposition Motion—Trans Mountain Expansion ProjectBusiness of SupplyGovernment Orders

February 12th, 2018 / 3:15 p.m.
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Edmonton Mill Woods Alberta

Liberal

Amarjeet Sohi LiberalMinister of Infrastructure and Communities

Mr. Speaker, I want to thank the member for Lakeland for her motion on a matter of such importance, not only to our shared province of Alberta, but to British Columbia and indeed all of Canada.

As an Albertan, I am proud that our government, after extensive consultation, approved the expansion of the Trans Mountain pipeline. Before I go into why we approved this pipeline, let me first remind the hon. member how her party, under former Prime Minister Stephen Harper, failed to protect the interests of Alberta's resource sector. For 10 years, Harper Conservatives talked the good talk but failed to build a single pipeline to take our oil to non-U.S. markets.

I would also like to remind the hon. member that the struggles Alberta families and workers have faced in the last number of years started when her party was in power. More than 25,000 energy sector jobs were lost in the last year of the Harper government. What did it do to help those workers and families? It did absolutely nothing. It even held back infrastructure investments of nearly $1 billion that could have helped those struggling families to gain jobs. I guess that criticizing Premier Notley and the Government of Alberta was more important to the Harper government than helping struggling Alberta families.

When we took office, we immediately started looking for solutions to help Alberta workers and families. In March 2016, we provided $252 million in fiscal stabilization funding to the Government of Alberta. At the same time, we significantly extended employment insurance benefits for all Albertans who needed them. As a result, over 100,000 workers received more than $400 million for five additional weeks of EI support.

Very early in 2016, Export Development Canada provided $750 million in financing, guarantees, bonding instruments, and insurance to oil and gas companies. In July 2016, the Business Development Bank of Canada and ATB Financial partnered to provide $1 billion aimed at making more capital available for small and medium-sized businesses in Alberta. In March 2017, our government announced $30 million, which unlocked $235 million to accelerate the cleanup of orphan wells over the next three years.

My department, Infrastructure Canada, has provided support to almost 200 provincial, municipal, and indigenous infrastructure projects, leading to over $4 billion of joint investment in infrastructure over the coming years. This is on top of the $200 million that flows from the federal government to Alberta communities yearly through the federal gas tax program.

Finally, our government approved two oil and two gas pipelines, including Kinder Morgan's Trans Mountain expansion, which will help get more of our resources to the markets we already have and open up new markets so we are not so reliant on our neighbour to the south to buy our oil.

We approved Kinder Morgan because it is in the interest of Canada. It is in the interest of Canada to create thousands of jobs in virtually every part of the country. It is in the interest of Canada to create a way for our resources to get to the global markets. It is in the interest of Canada to receive a fairer price for those resources. It is in the interest of Canada to partner with indigenous communities, respect and recognize their rights, and ensure that traditional knowledge is integrated into our decisions. It is in the interest of Canada to develop its resources in a way that does not compromise the environment.

The previous government generated complete uncertainty, widespread public mistrust, and a total inability to get a major energy project built. That approach did not work, as demonstrated by the Federal Court of Appeal ruling that overturned the Harper government's approval of the northern gateway pipeline because it failed to consult with indigenous peoples.

Since coming to office, our government has been guided by a simple but profound belief: that the economy and the environment must go hand in hand. In effect, the only way to have a dynamic economy is to ensure that it is done in a sustainable environment. We also know that good projects, such as the Trans Mountain expansion, will not get built unless they carry the confidence of Canadians.

That is why, in January 2016, the Minister of Natural Resources and the Minister of Environment and Climate Change introduced a set of interim principles to move forward on projects already under review. These principles reflect our priorities: maintaining certainty for investors, expanding public consultation, enhancing indigenous engagement, and including greenhouse gas emissions in our project approvals and assessments. The benefits of the interim principles were felt immediately.

However, our goal has always been a permanent fix to Canada's environmental assessments. That is why, just seven months into our mandate, we launched a comprehensive review that included modernizing the National Energy Board, protecting our fish, and preserving our waterways. We appointed expert panels, enlisted parliamentarians, released a discussion paper, and consulted Canadians every step of the way, listening more than we spoke.

Last week, our government revealed the fruits of those efforts with a new plan for reviewing major resource projects. Introduced last Thursday by the Minister of Environment and Climate Change, Bill C-69 has the potential to transform our natural resource sectors, providing project proponents with clearer rules and greater certainty while ensuring that local communities have more input and the rights of indigenous people are respected and recognized.

The Trans Mountain expansion decision was consistent with this approach. It was accompanied by a historic investment of $1.5 billion in the oceans protection plan, an unprecedented commitment to safeguard our coasts and partner with indigenous and coastal communities to ensure the health of our waters, shores, and marine life. That is how we have demonstrated our commitment to the environment. That is how we will ensure that economic growth comes because of, not at the expense of, protecting the environment.

I am delighted to see the hon. member supporting the TMX pipeline. Unfortunately, she has chosen to use this as an opportunity for wedge politics instead of nation building. She asks the government to take action. As the Minister of Natural Resources has pointed out, that advice, while welcome, is late.

The Prime Minister reached out to Premier Notley and Premier Horgan shortly after this issue arose. The Minister of Natural Resources and the Minister of Environment and Climate Change have been having discussions with their counterparts, and high-level officials from our government have flown out to British Columbia to seek a resolution. I have no doubt that a way forward can be found. It is in our national interest, and in the interest of the Government of Canada, to speak with some degree of moderation in encouraging a path forward to achieve the objective, which is to get this project built.

As the Minister of Natural Resources has already pointed out, our government consulted widely on the TMX. The National Energy Board conducted a thorough review and recommended approval with 157 binding conditions. The minister then extended the process and appointed a special ministerial panel to hold additional hearings, allowing even more people to participate. Our government believes in consulting with Canadians, and we are certainly not going to try to stop a provincial government from doing the same.

Let me be very clear. Any proposed regulation by the B.C. government to attempt to limit the flow of bitumen through the pipeline would be outside provincial jurisdiction. We approved the federally regulated pipeline project that will create thousands of good, well-paying jobs across Canada, and we stand by that decision.

In December, we intervened with the National Energy Board when the City of Burnaby attempted to delay the permitting process. At that time, the board created a dedicated process to resolve future permitting delays, should they arise. In that case, there was a specific action to challenge. At the moment, there is no comparable initiative by the Government of British Columbia.

This is not a time to fan the flames of division or to set parties hunkering down in one section of the Constitution Act or another. Now is the time for a measured, thoughtful, and appropriate response, one that responds to actions, not intentions. Should the Government of British Columbia attempt to impose unacceptable delays or take any other action that is not within its jurisdiction, our government will act as any other reasonable and responsible government would.

As a member of Parliament from Edmonton, Alberta, I know first-hand the importance of projects such as TMX to our communities. When our government was elected, Alberta's economy was struggling. Resource prices were down. Unemployment was up, and too many of my friends, neighbours, and fellow Albertans were suffering through a significant economic downturn. Our federal government recognized that Alberta and other resource economies needed help, and we stepped up to provide that assistance. The approval of the Kinder Morgan TMX is part of that effort to help the global economy and to create jobs for Albertans and for Canadians. That is why TMX is so important. That is why our government approved it. That is why we have criss-crossed the country supporting it, and that is why we will make sure that it is built.

Business of SupplyGovernment Orders

February 12th, 2018 / 12:30 p.m.
See context

Winnipeg South Centre Manitoba

Liberal

Jim Carr LiberalMinister of Natural Resources

Madam Speaker, it is with disappointment that I join this debate.

Canadians look to their national Parliament for steady leadership and aspirational thinking. They look to us to unite our country and build our nation. Instead, they have seen too many examples of something quite different today. They see a motion seemingly designed to provoke anger and inflame anxiety, members who prefer to point fingers and sow division. At times, I have even wondered if the main purpose of this debate is to fan regional tensions and reopen historical grievances. We are better than that.

The world has reached a turning point. Climate change represents our generation's greatest challenge, and investing in a low-carbon future is the new norm.

Canada is uniquely positioned to rise to this occasion and to be a global leader, thanks to the resources of our country and the resourcefulness of our people. This is our government's vision for Canada in this clean growth century. It is a vision that brings all Canadians together under common cause, and one that includes using this time of transition to Canada's advantage, building the infrastructure we need to get our resources to global markets, and using the revenues they generate to invest in that future. That is what we are doing.

This is why our government is working with officials in Alberta and British Columbia to get a resolution on TMX. Prime Minister to premiers, ministers to ministers, and senior officials in each government, everyone working in good faith and without an artificial deadline, which is why the motion before us is misguided.

To suggest that the Trans Mountain expansion pipeline is not of the utmost importance to our government is the height of folly, and it flies in the face of the facts. The Prime Minister has been very clear about our government's position. As he said in Edmonton earlier this month, “That pipeline is going to get built”. He then added, “We need this pipeline and we’re going to move forward with it responsibly”. Nothing could be more certain, which means there is no need for a motion to tell our government to use all of the tools available to it, and certainly no reason for deadlines or ultimatums.

Interprovincial pipelines are the responsibility of the federal government, and a responsibility that our government takes seriously, respects, and will defend. When making decisions on interprovincial pipeline projects, it is our duty to act in the national interest, which is exactly what we did in approving the Trans Mountain expansion pipeline.

There is an indigenous proverb that says, “We do not inherit this land from our ancestors. We borrow it from our children.” This perspective has inspired our government throughout its first two years in office. It is the reason we believe the economy and the environment must go hand in hand, and it was the motivation behind the launch of Generation Energy, the largest national discussion about energy in Canadian history.

I want to take a moment to remind the House what happened during Generation Energy, because, years from now, Canadians may very well look back and say that Generation Energy was a turning point, that it marked our emergence as a global leader in the transition to a low-carbon economy. We invited Canadians to imagine Canada's energy future, and they responded, joining the conversation by the hundreds of thousands, with hundreds more descending on my home city of Winnipeg for a two-day discussion on Generation Energy last fall. Let us reflect on that fact for a moment.

The people who came to Winnipeg for Generation Energy came from every corner of our country and from around the world. They came from Norway, France, Mexico, and the United States. They came from every sector of the energy industry: oil and gas, wind, solar, nuclear, electricity. Respected indigenous leaders, business leaders, community leaders, youth leaders, they were all there. It was only the Conservative Party that chose to send no one. People who may never have spoken to each other before were in the same room, challenging each other and themselves.

Suddenly, the questions became even more pressing, questions such as “What happens now?” and “What if our individual choices could add to transformational change?” Generation Energy tapped into something unexpected and unstoppable. Our government is building these ideas into a Canadian energy strategy, working with the provinces and territories to expand what they have already done: leveraging the fossil fuel resources we have today to deliver clean energy solutions for tomorrow; planning our energy future to align with a global transition to a low-carbon economy; leaning on shared priorities such as energy efficient, clean technologies, and green infrastructure; and linking those provinces that have an abundance of clean electricity with those trying to get there.

We do not share the views of those who would simply pump as much oil as we can as fast as we can, nor do we agree with those who say that we should leave all the oil in the ground and never build a single pipeline. Both sides miss the point that we can and must grow the economy while protecting our environment for future generations. How do we do both? One certainly does not take the approach of the Harper government, which was to ignore indigenous rights, climate change, and the environment in the name of economic development at any cost. One does it by fully respecting indigenous rights, climate change, and the environment as essential components of economic development.

To the hon. member and her party opposite, I offer a stroll down memory lane. This is an important point. The moment Harper decided to use all tools available in the sole name of pipelines was the moment he lost the trust of Canadians. To refresh our memories, the member opposite's government was focused on exempting pipelines from environmental assessments, treating environmentalists as terrorists, removing the ability for environmental groups to speak out, stripping the ability of Canadians to participate in project reviews, and using taxpayers' money to investigate any organization that cared about the environment, and eliminating decades' worth of legislation in one fell swoop. Harper truly did use all the tools he could find to dismantle anything standing in the way of rapid and unchecked resource development. What the Harper government never understood was that ignoring something does not mean it will go away.

When our government was elected by Canadians, we knew public trust was gone. We rolled up our sleeves to fix the mess the Harper government left behind. First, we launched a new interim approach to environmental assessments in Canada. Within weeks of taking office, we launched a different approach to major project reviews that put indigenous rights, science, environmental protection, and transparent and open public consultation front and centre. The Harper government removed all these things in the name of jamming things through. It did not work. We put these principles back, maintaining certainty for investors, expanding public consultation, enhancing indigenous engagement, and including greenhouse gas emissions in our project assessments.

Second, we acted on climate change. We ensured the Paris Agreement on climate change was ambitious. The House, including the members opposite, supported that agreement. We signed it, ratified it, and launched the pan-Canadian framework on clean growth and climate change, which included Alberta's hard cap on oil sands emissions. This was the first climate change plan in the history of the country that was developed hand in hand with provinces and territories, as well as with first nations, Métis, and Inuit. For the first time in the history of this country, we launched a federal plan to put a price on carbon pollution. For the record, we are nearly 30 years behind countries such as Norway in pricing carbon pollution, and it seems to be doing okay.

Third, we acted on oceans protection. We launched the single largest investment in Canada's oceans in this country's history, $1.5 billion. It is the largest investment in the Canadian Coast Guard in a generation. We looked to the world's leading ocean protectors, Alaska and Norway, and we said that we should match or beat them, and we have. Once implemented, Canada will have the best oceans protection measures in the entire world. Canada has oil, gas, and fuel being shipped through, from, or to all three of our coasts, and we have had this for over 60 years. With this comes great responsibility to protect our oceans.

Let us be clear, these three things would have happened, pipeline or no pipeline. However, these three crucial plans had to be implemented because the Harper government eliminated climate change action and oceans protections in its own efforts to use all tools humanly possible in the name of pipelines.

Fourth, we approved three pipelines, the Trans Mountain expansion, Line 3, and Nova Gas, and denied one, the northern gateway pipeline. All those decisions were made based on the national interest, sound science and evidence, full public consultation, and upholding the rights of the indigenous peoples. Most importantly, all of these decisions took into account everything we had done before: a new method of doing environmental assessments, ensuring these projects fit within Canada's climate change action plan, making sure we have the world's safest and strongest oceans protections plan, and ensuring indigenous rights were held up.

Regarding the northern gateway pipeline, the vast majority of indigenous communities were opposed to the project. The Harper government's insufficient consultations and complete lack of scientific considerations or public engagement meant that it completely missed the fact that the Great Bear Rainforest was no place for a pipeline. The Federal Court of Appeal, in its judgment that quashed northern gateway, was not critical of the proponent or the regulator but of the Harper government.

On the Trans Mountain expansion project, the majority of indigenous communities were in support. Today, 42 have impact benefit agreements, while six exercised their rights in court.

Through re-establishing transparent and open public consultations, a process the Harper government had dismantled, we heard from thousands of Canadians who told us we have a responsibility to get our resources to market, to take action to protect the environment, and to create good-paying, middle-class jobs.

We launched a special ministerial panel of distinguished Canadians. They were appointed to travel up and down the length of the proposed pipeline route, ensuring indigenous peoples and local communities were thoroughly heard. For the first time, we made the record of those decisions public on the Internet for all Canadians to see.

We also carefully considered the findings of the National Energy Board. For the first time, the Government of Canada co-developed, with first nations and Métis leaders, the indigenous advisory and monitoring committee for both Line 3 and the TMX. We are investing $64.7 million over five years in these communities, which are essential to ensure the companies live up to their promises and fully engage rights holders throughout the entire life of the projects.

We understand that our decision on the bill to expand the Trans Mountain network is not unanimous, but we are determined to work with the provinces and with indigenous peoples to keep Canada's energy infrastructure safe and secure, all while showing environmental leadership.

The project represents a $7.4 billion investment and thousands of good, middle-class jobs, a project that stands to benefit Canadians across the country, just as the existing pipeline has done since 1953, creating new access for Canadian oil to global markets and world prices.

This access and the stable reaction of government is crucial to investor confidence. This is particularly important in a time of discounted and low oil prices. The expansion of market access will feed economic growth. Those billions of dollars of investment will trickle down into public investment in schools, roads, highways, and my personal favourite, even the symphony orchestra.

There is a community cost to blocking this project. Government revenues support all Canadians, and they support investment in the transition to the low-carbon economy, all of which combine to make this a very important project to the entire country. The TMX expansion approval also came with 157 binding conditions, 98 of which relate to pre-construction requirements.

Just as important, the pipeline is required to be consistent with Canada's climate plan to 2030, as the project must operate within Alberta's 100 megatonne cap. As I described before, we are implementing the most ambitious oceans protection plan in our country's history, with the single largest investment to protect our waters, coastlines, and marine life.

Canada needed this plan with or without an expanded pipeline, because our oceans protection had eroded under the Harper government.

We understand that one of the biggest concerns on everyone's mind is the potential oil spill. We share that concern, which is why we have developed a plan that puts in place every safeguard against a spill happening in the first place.

Through the oceans protection plan, the Canadian Coast Guard now has more people, more authority, and more equipment to do its vital and necessary work. For the first time, two large tow vessels will be on call on the B.C. coast. Several Coast Guard vessels will be equipped with specialized toe kits to improve capacity to respond quickly. Primary environmental response teams, composed of specially trained personnel, will further strengthen the Coast Guard's existing on-scene operations.

We also reopened the Kitsilano Coast Guard station with new rescue boats and specialized pollution response capabilities, and there is a targeted action plan to promote recovery of the southern resident killer whale population.

Last week we introduced legislation, Bill C-69, that would restore the protections the country lost under the Harper government and would serve as a permanent fix in the way that Canada would assess and review major resource projects.

Bill C-69 is the culmination of more than a year and half of extensive consultations and thoughtful deliberations. It is informed by a comprehensive review that we launched just seven months into our mandate. The review also included modernizing the National Energy Board, protecting our fish, and preserving our waterways. We appointed expert panels, enlisted parliamentarians, released a discussion paper, and at every step of the way consulted Canadians, listening more than we spoke.

What emerged from these efforts were the same messages that we heard through Generation Energy, which is that Canadians are engaged. They are well informed. They know the economy and the environment can, and must, go hand in hand. They agree that Canada works best when Canadians work together. Those are the hallmarks of our legislation, a new and inclusive approach to protect the environment and build a stronger economy, creating good jobs and a sustainable future. It is an approach based on restoring public trust; renewing Canada's relationship with indigenous peoples; collaborating with the provinces and territories; protecting our environment, fish, and waterways; encouraging more investments in Canada's natural resources sectors; and better rules to build a better Canada.

Our approach is the exact opposite of the motion before us today, a motion that seeks to divide our country and pits the environment against the economy, province against province, and region against region. There is simply no need for a motion today that attempts to manufacture a crisis where one does not exist or that insinuates we return to the approach of the Harper Government.

All British Columbia has tangibly done at this point is to signal its intention to consult with the people of its province. That is its right. It is the right of every province to do that. However, we have clearly said that the federal government holds authority over the TMX pipeline, and we will. We will not entertain non-jurisdictional delays intended to stall or stop the project. That is simply not an option.

If that is the goal of any province, we will take the necessary action to ensure that federally-approved resource projects proceed. Until then, we will continue to work with all provinces and territories, and indigenous peoples, as we did on the Pan-Canadian Framework on Clean Growth and Climate Change. By driving innovation, improving environmental performance, restoring public confidence, and advancing indigenous partnerships, we can create the prosperity we all want, while protecting the planet we cherish.

The motion before us today ignores all of this. It proposes a sledge-hammer solution where one is not required. There are better options, options that speak to the generosity of our nation, options that reflect our faith in Canada, and appeal to the better nature of all Canadians. That is what I will be supporting today

Business of SupplyGovernment Orders

February 12th, 2018 / 12:15 p.m.
See context

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Madam Speaker, I am pleased to speak today about the Trans Mountain expansion project.

Last week the Government of British Columbia announced that it would halt the flow of diluted bitumen through the Trans Mountain pipeline pending the outcome of what amounts to be an environmental review. This is in spite of the National Energy Board's 29-month review, the federal government's approval over 14 months ago, the B.C. government's requirement that 157 conditions be met, and the already issued environmental assessment certificate from the British Columbia Environmental Assessment Office.

The project, which twins the existing 1,150 kilometre Trans Mountain pipeline between Strathcona County, Alberta, and Burnaby, B.C., would create a pipeline which increases the capacity from 300,000 barrels per day to 890,000 barrels per day. The expansion project would assure that the Canadian oil industry could reach new markets by expanding the capacity of North America's only pipeline with access to the west coast.

The Trans Mountain project is in the national interest of Canada. The project would inject $7.4 billion into Canada's economy during the construction phase. Oil producers would see $73.5 billion in increased revenues over 20 years. All three levels of government would share $46.7 billion in additional taxes and royalties from construction and 20 years of operation.

According to the Conference Board of Canada's estimates, the project would create the equivalent of 15,000 construction jobs and the equivalent of 37,000 direct and indirect jobs over the years of operation. Direct construction workforce spending in communities along the pipeline route is estimated to be $480 million. Overall, the project would generate more than 800,000 direct and indirect person years of employment during the project development and operation.

Last week the B.C. government, an NDP coalition held thinly together by Green Party members, put the rest of Canada on notice that there would be no oil heading west to tidewater. The Prime Minister reacted to this news by telling us that this was a disagreement between provinces. It has nothing to do with the federal government, he said, and off he went to the United States, abandoning Alberta and B.C. to work it out among themselves. With tens of thousands of jobs on the line and billions of dollars in revenue, Alberta's premier put it best when she told the Prime Minister that this is not a debate between B.C. and Alberta, that this is a debate between B.C. and Canada.

The Minister of Natural Resources said that B.C. can launch further consultations but he assured Canadians that they need to be done in a timely fashion, words that no doubt are inspiring confidence throughout the oil and gas industry, and please note my sarcasm. One might think that the oil and gas industry should adopt a wait and see approach. Perhaps the opposition should simply let things work themselves out, as suggested by the Prime Minister.

One only needs to look at the track record of the government to quickly realize what is going on here. The Liberal government is not interested in supporting the oil and gas sector in Canada. The Liberals will talk a good game; I will give them that. Members on that side of the House will claim they approved the project and they support opening markets for Canadian oil. Then why did the government cave to environmental activists backed by foreign interests by banning tanker traffic on the northwest coast destroying the northern gateway project? Meanwhile, on the east coast, which is dependent on tanker shipments of oil from foreign despots, those same tankers can pull into Atlantic ports but not into Prince Rupert, B.C. It makes no sense.

Then there was energy east. Perhaps everyone will remember that project, the one that would have created 15,000 jobs and injected $55 billion into the Canadian economy. The energy east pipeline would have decreased our dependence on oil from the Middle East and countries with questionable human rights records. The Liberals claimed it was a decision by Trans Canada, that it had nothing to do with the government. It is no wonder these projects fail when we change the rules and pile on endless regulations and more red tape, all done mid-process.

The failure of energy east has nothing to do with any decision taken by Trans Canada. Instead, it was a result of the Prime Minister's mismanagement and failure to champion the Canadian energy sector.

The government is determined to keep Canada's oil, Canada's future, in the ground in northern Alberta. We can at least ship it to the United States, where Canadian producers are forced to discount their product by 30%.

If not pipelines, what is next? Today we rely on road and rail transport to move most of our oil at great risk to communities and Canadians on the road. This was made tragically apparent in Lac-Mégantic in 2013. A terrible event such as that would give us all reason to pause. The existing Trans Mountain pipeline system moves the equivalent of about 1,400 tanker truckloads, or 441 tanker railcars, daily. Expanding the Trans Mountain pipeline would result in safer, more efficient, and more economic shipment of oil between Alberta and British Columbia. Pipelines are safe. They are regulated. They are inspected.

The technology that goes into building and monitoring pipelines today is revolutionary. The Canadian men and women who build and monitor these pipelines, and who live and raise their families in the communities where the pipelines run, know what they are doing. They trust their skills and the skills of their co-workers. The government needs to stop the rhetoric and start supporting the hard-working Canadian families in the oil and gas sector.

I fear that the Prime Minister and the Minister of Natural Resources have made a fatal miscalculation in the standoff between Alberta and British Columbia. The B.C. government says that the proposed ban is designed to forestall any increase in exports via the Trans Mountain pipeline until it is assured the coast is perfectly safe from a spill. The truth is that the B.C. NDP government and its Green Party coalition detest Alberta oil, even though it fuels the productivity of their province. Their obstructionist strategy is clearly designed to sabotage the pipeline through indefinite delays. By changing the rules midstream, they hope to force Kinder Morgan to abandon the project in the same way the Liberal government forced the demise of energy east.

The Prime Minister's failure to champion the actual and timely construction of this pipeline has created a void in national leadership, and there needs to be action right now. I urge the government to look at the options and begin a face-to-face dialogue with the province. It should look at invoking the use of special powers under section 92 of the Constitution to say that this is against the national interest and the roadblocks need to stop. There is no middle ground on this issue. The Prime Minister needs to pick a side. Either he is for environmentally responsible and sustainable natural resource extraction or he is not. To quote Jason Kenney, the leader of the United Conservative Party in Alberta, “Words are not enough, we need action”.

Each day of inaction by the Liberals fuels national conflict. The Alberta government has banned B.C. wine, and co-operation on interprovincial projects is in jeopardy. Alberta has suspended talks with British Columbia on the purchase of electricity from the western province. Up to $500 million annually hangs in the balance for B.C.

We cannot blame Albertans. The trade dispute between Alberta and B.C. is just a symptom of the Prime Minister's failure to lead. It is no wonder energy investment in Canada was lower in the last two years than in any other two-year period in 70 years. It is no wonder oil and gas companies are packing up and heading south, where the business climate is robust and welcoming. ExxonMobil announced a $50-billion investment in the United States over five years. This is highly irresponsible at a time when the NAFTA negotiations are in such a state of flux, when we need to open markets, not shut them down, and when we need to reassure investors and not send them packing.

In the midst of this crisis, the government introduced Bill C-69, meant, in the government's view, to speed up major resource projects and bring clarity to the approval process. Nothing, though, could be further from the truth. One only has to read the legislation to see that there are many exceptions everywhere. The 450-day and 300-day maximums for major and minor project approval, for example, can be extended indefinitely. Projects can be dismissed by the minister, even before getting to the initial assessment phase. Yet another example of increased uncertainty and unpredictability is the elimination of the standing test used by the NEB to restrict participation at hearings to only those who are directly affected or have knowledge or insight that is relevant and useful.

The Trans Mountain project is in the national interest. It would create jobs and provide provinces with access to global markets. Conservatives understand that the Trans Mountain project is important to Canadian energy workers because this project would create tens of thousands of jobs and help fund our hallmark national programs, such as health care.

This is a national crisis and the answer is not to send public servants to do this job. The Prime Minister needs to go to B.C., stand up to the premier, and stand up for hard-working Canadian families.

The EnvironmentAdjournment Proceedings

February 8th, 2018 / 5:55 p.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I am speaking tonight in adjournment proceedings, and the timing is almost impossible to believe. On October 20, I attempted to warn the Minister of Environment and the Prime Minister of how very dangerous it would be to give the offshore petroleum boards in Atlantic Canada any power or role in environmental assessment. The idea that the Canada-Nova Scotia Offshore Petroleum Board or the Canada-Newfoundland & Labrador Offshore Petroleum Board should have any role in the environmental assessment of projects over which they have regulatory authority is desperately worrying. I say that because these boards were created by legislation to expand offshore oil and gas. That is their role. They have a mandate to expand offshore oil and gas.

I said to the minister on October 20 that offshore petroleum boards in Atlantic Canada have legislated mandates to expand oil and gas activity. They have never had any role in environmental assessment, and if they did, it would be a conflict of interest. Now it appears that the Liberals are following through on Stephen Harper's plan to put these boards into environmental assessments, where they should not be.

I have to say that my final question to the Minister of Environment was whether she could assure this House that she would keep these offshore boards out of environmental assessment. Her answer was not very clear on October 20. The answer is really clear today, because we now have omnibus Bill C-69, which entrenches a role for these very boards in environmental assessments, where they have no business being.

There has been a bit of fancy footwork in the Liberal talking points. Expert panels reviewed the broken laws left after the Harper era by omnibus budget bills C-38 and C-45. We had massive consultations. Very high-powered expert boards were commissioned to look at the National Energy Board and provide recommendations and to look at the environmental assessment process and provide recommendations. Both recommended that energy regulators should play no role in environmental assessment and that there should be a stand-alone environmental assessment agency.

In some ways, if we were to read the press releases and the talking points, one might think that is what was just done today in Bill C-69. There is one agency, called the impact assessment agency, except for one thing. When one reads it in detail, one finds that when there is a project that would be regulated by one of these boards—what we used to call the National Energy Board, which we will have to get used to calling the Canadian energy regulator; the offshore petroleum boards; or the Canadian Nuclear Safety Commission, which, for the first time ever, Stephen Harper put in the frame of environmental assessment in 2012—under the Liberals, these boards would continue to play a role in environmental assessment.

This is how they did the fancy footwork. There is only one environmental assessment agency, but when a project falls into one of those jurisdictions, the people put on the panel to review the project must be taken from the boards of those agencies. They will apply their other laws at the same time as they go through environmental reviews.

Let me talk about the Canada-Nova Scotia Offshore Petroleum Board. I am going to quote Dr. Lindy Weilgart, an adjunct professor at Dalhousie University and an international expert on seismic blasting. She talked about the seismic surveys, approved by the Canada-Nova Scotia Offshore Petroleum Board, in the migratory habitat of the endangered right whale. Air guns are shot every 10 seconds around the clock. It is the loudest human-produced noise right after nuclear and chemical explosions. That is why she said that in 2016, 28 right whale experts declared that the additional distress of widespread seismic air gun surveys represented a tipping point for the survival of this species. The Liberals today have given these boards a role in environmental assessment.

I am horrified by this. I ask my colleague, the hon. parliamentary secretary, how she can live with what the government has just done.

Impact Assessment ActRoutine Proceedings

February 8th, 2018 / 10 a.m.
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Ottawa Centre Ontario

Liberal

Catherine McKenna LiberalMinister of Environment and Climate Change