Bill C-225 (Historical)

An Act to amend the Aeronautics Act, the Fishing and Recreational Harbours Act and other Acts (application of provincial law)

This enactment amends certain acts to subordinate the exercise of certain powers to the applicable provincial laws concerning land use and development and environmental protection.

Aeronautics Act

[Chris Bittle, Liberal, Parliamentary Secretary to the Minister of Transport]

Mr. Speaker, I am pleased today to speak to Bill C-225. The bill touches upon intergovernmental relations, federalism and the paramountcy principle: matters that have been debated in both Houses of Parliament on a wide range of subjects. In essence, this bill seeks to subordinate the exercise of federal power in certain areas of provincial law and to allow provincial governments to impose restrictions on environmental protection activities and land use for projects the federal government undertakes across the country.

These same topics came up when this bill was discussed in the House on June 19, 2018, when Bill C-392 proposed similar amendments during the last Parliament. At the time, Bill C-392 sought to strengthen environmental protection and scrutiny of land use. Since then, Bill C-69, introduced by this government, positively strengthened consultation mechanisms and consideration of the environmental impact of projects under federal jurisdiction.

I congratulate the hon. member for his initiative to heighten the consideration given to land use and development, as well as to environmental protection, when projects and activities under federal jurisdiction are being considered. The government is also invested in protecting Canada's environment, and in ensuring effective consultation that accounts for local concerns related to land use and development and the environment. Canadians should know that all levels of government work in the interests of their well-being.

Every day, millions of Canadians go about their lives in an orderly and predictable way. They routinely use safe roads, drink clean water, consume food free of contaminants, rely on safe transportation systems and know that their safety and security are guarded by police, fire departments, paramedics and military personnel. Even today, while the world is facing COVID-19, Canadians can count on federal, provincial and municipal governments to continue to collaborate until the end of this challenging time so they can maintain as many of their routines as possible.

Our society depends on laws and rules to function, and each level of government is responsible for those things that fall into its jurisdiction. Education, building codes and highways, for example, are primarily provincial responsibilities. Matters such as defence, aeronautics and radio communications, for example, extend beyond provincial borders and impact the country as a whole. In these areas, it falls to the federal government to implement a nationally consistent approach that serves Canada and its people.

Over the last several years, the Liberal government has sought to promote co-operative federalism as a way to face challenges concerning more than one level of government. As we all know, there are many issues that transcend municipal and provincial boundaries, and many others where the federal government may be unaware of a local concern. For this reason, taking a co-operative approach achieves the best possible outcome for Canadians. With a country as large and diverse as Canada, we must all act in good faith and work together to achieve the best possible results for our economy and our environment.

There have been, and will continue to be, times when differences arise despite our best efforts to work together. However, there are already numerous federal statutes, particularly those implicated in Bill C-225, and regulations that accommodate provincial laws concerning land use and development and environmental protection. Efforts are ongoing to encourage co-operative federalism in ways that do not restrict core federal operation.

In order to build on its desire for co-operative federalism, the Liberal government demonstrated its commitment to consulting Canadians when it introduced Bill C-69, which strengthens Canada's environmental assessments and regulatory reviews through legislative changes and amendments. This bill explicitly reflects the consideration of environmental, social, safety, health and socio-economic issues, including gender-based impacts and economics as well as impacts on indigenous peoples. Bill C-69 also includes several provisions that enhance public participation and transparency, which provides members of the public with an opportunity to express their views during the review process.

The changes we made in Bill C-69 exceed the amendments proposed in Bill C-225. As we know, the division of powers in Canada is defined by the Constitution Act, but we also know that the division presents some ambiguity.

There are many areas and many issues where interests cross jurisdictional lines. Two or even three levels of government have stakes in issues such as the environment, health, safety and employment. Our different levels of government need to work together to discuss problems, develop strategies, leverage resources and find solutions.

To reinforce the importance of collaboration, the Supreme Court of Canada encourages all levels of government to work co-operatively. In recent decisions, the Court has indicated that provincial and municipal legislation cannot impair core matters of federal jurisdiction over aeronautics or radio communication infrastructure.

In addition, where possible, it prefers to allow valid provincial laws to apply, if they are not in conflict. While these decisions quite clearly establish federal authority on matters such as aerodromes and cellphone towers, the federal government does not rely on court decisions to impose projects on Canadian communities. Instead, it chooses to use processes for consultation, and the consideration of environmental laws and land use, to ensure that local concerns are taken into consideration regarding activities and projects that fall under federal jurisdiction. A division of powers is essential to maintaining order and predictability in our society and ensures that we avoid the scenario of too many leaders in one situation, or a leadership void when no one wants to take responsibility in another. In Canada, all jurisdictions must work together on certain issues to promote and protect the interests of all Canadians. Even when we agree to work together, we must still respect jurisdictional boundaries.

I would like to provide the House with examples of three areas of federal jurisdiction in which a co-operative approach and consultations play an essential role. First, in January of 2017, following a regulatory consultation process, Transport Canada implemented a new regulation requiring proponents of certain aerodrome projects to consult with the municipalities, citizens or other concerned stakeholders before starting work, so that local concerns could be identified and mitigated. I add that many of these projects do not move forward if there are serious doubts expressed regarding the quality of the consultations carried out by their proponents, or if these projects are deemed not to be in the public interest.

Another example under the Canada Marine Act is that there currently exist provisions for the Governor in Council to make regulations situated on a port, whether a Canadian port authority or public port facility, or on use of the seaway and its property. These provisions include development, use and environmental protections that incorporate provincial legislation by reference.

My third and final example is the Canada Infrastructure Bank, which acts as a partner in delivering federal support to infrastructure projects in the public interest alongside co-investment by the private sector, institutional investors and sponsoring governments. Projects supported by the infrastructure bank must respect all applicable laws in their relevant jurisdictions, including any applicable environmental or labour laws. Project sponsors provide assurance to the bank and other investors that applicable laws in a province have been respected.

These three specific examples were chosen because these initiatives all require consultation and consideration of local issues related to land use and the environment. These would be taken away from the very acts the private member's bill seeks to amend. There are countless other examples, in the same act and elsewhere, that demonstrate the government's commitment to hearing the concerns of Canadians, and advancing the health, safety and economic well-being of our citizens and the stewardship of our natural resources, such as our forests and waters. These duties are the responsibility of all governments, whether municipal, federal or provincial. Our best successes occur when we come together, listen to one another and work together to support policy development, new programs and effective enforcement that serves all Canadians. We have every intention of continuing to listen to and work with other levels of government.

The federal government has worked effectively with provinces, territories and municipalities over many years in response to the requirements of the communities they serve and to the needs of the country as a whole. Like our provincial and municipal partners, we take that responsibility very seriously. The Liberal government will continue to prioritize co-operative federalism and consultation with its citizens. Bill C-225 would represent a major shift in federal-provincial dynamics in Canada and would undermine the co-operative federal relationship we worked so hard to establish.

It is for these reasons the government strongly opposes Bill C-225.

[Mario Simard, Bloc, Jonquière, QC]

moved that Bill C-225, An Act to amend the Aeronautics Act, the Fishing and Recreational Harbours Act and other Acts (application of provincial law), be read the second time and referred to the Standing Committee on Transport, Infrastructure and Communities.

Mr. Speaker, I am pleased to have an opportunity this morning to talk to all my colleagues about Bill C-225, especially since this bill was introduced back in 2018 as Bill C-392 by my party's passionate environmental advocate, the charming member for Repentigny. This Bill C-225 is virtually the same as that one.

I will get into more of the details a little later, but first I would like to point out what the bill might represent. It fits perfectly with my political goals, since it implies more political autonomy for Quebec. Everyone seems to be aware of the path towards self-government that Quebec has taken.

We can go back as far as Jean Lesage's famous slogan “Maîtres chez nous”, when environmental matters were perhaps not as urgent as they are today. As for Lesage, he went even further than that slogan.

I remember the early days of what was known as the Quiet Revolution, when Lesage came up with the wonderful phrase, “the Quebec state as the primary instrument for the collective emancipation of Quebeckers”. That phrase, which is also quite famous, means that what we want, perhaps above all else, is to give political substance to the Quebec nation, and I think this can only be achieved through self-government.

We know that when the federal government takes action in areas of federal legislative jurisdiction, Quebec and the provinces cannot force it to respect their laws. In our Constitution, there is a type of hierarchy and we know that federal legislation subordinates provincial legislation.

In the meantime, federal Parliament can impose strict parameters on governments in the application of the legislation it passes. If federal legislation required compliance with Quebec law and provincial law, the federal government could no longer authorize plans that violate those laws. This circumvention strategy may be the purpose of Bill C-225, which would amend seven federal statutes.

Bill C-225 would amend the Aeronautics Act, which governs airports, and the Fishing and Recreational Harbours Act, which governs wharves and harbours for small watercraft. The bill also amends the National Capital Act, which governs the activities of the National Capital Commission in Ottawa and the Outaouais, and the Broadcasting Act, which governs telecommunications infrastructure, including cellular antennas.

The other laws that this bill amends include the Federal Real Property and Federal Immovables Act, which governs all federal properties; the Canada Marine Act, which, as we all know, governs ports; and the Canada Infrastructure Bank Act, which governs projects carried out through the bank. Such projects currently benefit from a form of federal immunity from provincial laws and municipal bylaws.

By passing Bill C-225, Parliament would force the federal government to ensure that it is respecting provincial laws and municipal bylaws before authorizing an activity or infrastructure project, so I believe that this bill is in keeping with Quebec's pursuit of self-government.

What would the impact of this bill be? If this bill passes, Quebec laws governing environmental protection and land management would apply to the entire province of Quebec. At the beginning of my speech, I mentioned Jean Lesage. In my opinion, this bill would be a way for Quebec to be the master of its own house when it comes to the environment.

The privileges of an airport developer would therefore cease to take precedence over the provisions of the Quebec Act Respecting the Preservation of Agricultural Land and Agricultural Activities or the municipal bylaws. Telecommunications companies would have to come to an agreement with the municipalities and respect the wishes of local residents when putting up their towers and antennas. Major federal infrastructure projects and any other similar projects would be subject to the assessment process of the Bureau d'audiences publiques sur l'environnement du Québec. As a result, these projects would have to be given a certificate of authorization from the Government of Quebec before they could go forward.

Along the same lines, federal government property, including large tracts of the Gatineau urban area that belong to the National Capital Commission, will have to comply with development plans and municipal regulations adopted by local authorities.

In addition to providing better environmental protection and more cohesive land development, the bill will establish legal certainty in areas marked by numerous judicial disputes related to shared jurisdictions. By approving a project that contravenes a provincial law, the federal minister would be contravening a federal law. This would resolve the issue of conflicting jurisdictions once and for all.

We all know the Canadian constitutional context. Constitutionally, Quebec land belongs to Quebeckers. Its occupation, use, development and protection fall primarily under the laws and regulations of Quebec and its municipalities. The British North America Act of 1867, however, distributed legislative powers between the provinces and the federal government, which gives to Ottawa many powers that cover the environment and land.

The British North America Act was signed in 1867, at a time when telecommunications, for example, did not exist. As a result, anything that was not named directly in this legislation now falls under federal jurisdiction. Telecommunications are part of that. Other examples are navigation, wharves and ports. I could also mention public property, such as land and buildings that belong to Ottawa, as well as interprovincial transportation, including transportation infrastructure, such as pipelines.

This topic came up quite often during the last election campaign. Our Conservative colleagues had the unfortunate idea of developing an energy corridor that would have seen a pipeline built across Quebec. Judging by my colleagues' quick reaction and raised eyebrows, I can see that they are not happy about that comment, but this bill could provide a framework for similar excesses at the federal level. This is something that can be discussed later.

The Constitution does not classify environmental protection as a jurisdiction in itself. Either provincial or federal laws will apply, depending on the project. If a project is under the exclusive jurisdiction of the federal government, the provincial laws will only be enforced if they do not prevent Ottawa from exercising its own powers. There are all kinds of examples in our past that demonstrate why this bill is necessary.

For instance, Quebec or a municipality could probably adopt regulations or bylaws allowing cell towers to be painted green. That would be entirely possible, and the courts would accept it. Conversely, any laws or regulations made regarding the location of towers would be struck down, which has happened on several occasions.

What does this actually mean? It means that a provincial government's power to act is significantly reduced by the federal government's power. Just between us, I do not think the colour of a telecommunications tower really matters, but where it is located is critical, and Quebec does not have the power to decide that.

As folks will see, I am a good sport. During the 2015 election campaign, which brought the Liberal Party to power, their party platform promised to ensure that projects have social licence. The term “social licence” is on everyone's lips these days. In 2015, the Liberal Party said that social licence should be a priority for projects to be accepted and authorized.

I take no pleasure in this, but I will quote from the 2015 Liberal Party platform: “While governments grant permits for resource development, only communities can grant permission.” Being a charitable man, I thought to myself, why not support my Liberal colleagues so they can fulfill one of the election promises they made in 2015?

I do so purely out of the goodness of my heart. We in Saguenay—Lac-Saint-Jean are good people. Out of the goodness of my heart, I am willing to do this for my Liberal colleagues.

We live in a democracy. Our laws and regulations are passed by the representatives of the people and reflect a certain social licence. Bill C-225 will help deliver on a Liberal election promise, in a sense.

I gave some examples earlier illustrating how the federal government's prerogative over Quebec's environmental laws can sometimes lead to unfortunate circumstances. We can come back to that.

Over the years, we have adopted several laws, regulations and institutions that have helped us protect our land and ensure its harmonious use. Examples include Quebec's environmental protection legislation, the Act Respecting the Preservation of Agricultural Land and Agricultural Activities, and the Act Respecting Land Use Planning and Development, which governs development plans and zoning regulations, as well as the Government of Quebec's mechanism for ensuring social licence, the BAPE, our bureau of environmental public hearings. However, certain activities and infrastructure are only partly covered by our laws, because they fall under federal jurisdiction. Wharves, harbours, airports and telecommunications infrastructure, as I was saying earlier, are all federal property.

In these cases, even though Quebec laws and municipal bylaws are not completely squeezed out, they can apply only if they do not have a substantive effect on the activity that is the federal government's responsibility. Earlier I was talking about certain cases. In 2010, the Supreme Court ruled that the Act Respecting the Preservation of Agricultural Land and Agricultural Activities could not protect a parcel of agricultural land from a developer who wanted to turn it into an airport.

There was a similar case in 2016, when Rogers appealed to the Supreme Court to strike down Châteauguay's bylaw regulating the proliferation of cell towers. Also in 2016, the Quebec Superior Court ruled that a private business, IMTT-Québec Inc., which was blanketing the Limoilou neighbourhood of Quebec City with red dust, was exempt from Quebec's Environment Quality Act because the business was located on Port of Quebec land, which is under federal jurisdiction. That makes absolutely no sense.

The Alberta company behind the whole energy east saga did not feel that its ridiculous plan to build a pipeline across Quebec had to comply with Quebec laws. This piecemeal enforcement of Quebec's laws and regulations is an affront to democracy. These laws were passed by the Quebec National Assembly, which represents all Quebeckers, and these regulations were duly adopted by the representatives of the people. Furthermore, this arrangement deprives residents of the ability to make decisions about their own land. Earlier I mentioned the famous slogan “Maîtres chez nous”.

Some have pointed out that the bill does not mention municipalities, but they are included indirectly. Constitutionally, there are two levels of government: federal and provincial. Municipalities, which are not part of the constitution, are included by virtue of Government of Quebec legislation.

I am going to pick up the pace here and just say that Bill C-225 has a lot of support. Let me go back to my colleague's Bill C-392, which is essentially a copy of what is before us today. At the time, my colleague from Repentigny had the support of twenty or so municipalities whose bylaws applied to federal projects within their city limits, including airports, ports and telecommunications infrastructure. The City of Gatineau also supported the bill because it wanted the National Capital Commission to stop acting like a separate enclave outside the City's purview. The Union des producteurs agricoles wrote to all Quebec MPs, asking them to support the bill and ensure that the Act Respecting the Preservation of Agricultural Land and Agricultural Activities applies at all times.

Quebec's three major unions also supported the bill, as did the Quebec Environmental Law Centre. The Government of Quebec is constantly lobbying for Quebec's land use and environmental laws to apply to federal projects. When Bill C-69 was before the House, the intergovernmental affairs minister, Jean-Marc Fournier—a confirmed sovereignist, no point in denying it—published an open letter in La Presse seeking an amendment to ensure respect for Quebec's laws and assessment processes. Bill C-225 ensures that.

Lastly, the Quebec National Assembly unanimously adopted 11 resolutions to that effect for various federal projects.

If both my Liberal and Conservative colleagues are serious when they say that they want greater recognition for Quebec, their only option is to accept this bill and vote in favour of it.

[The Chair, Liberal, Ginette Petitpas Taylor]

No. Thank you so much for that. That's great.

Perhaps now we can proceed through each item. To be efficient with our time, we could maybe just go through them item by item, and if there are no questions or comments, we can dispose of them fairly quickly. We'll be able to address the ones for which there is debate.

Does that sound appropriate to everyone?

We'll start off, then, with Bill C-210. Does anyone have any issues or comments about that one? No.

Next is Bill C-238.

I see there are no comments, so we'll move right along to Bill C-224. Good.

Next is Bill C-215. No comments.

Next is Bill C-204, and now Bill C-229.

I'm not going to jinx it, but we're on a roll.

Now we have Bill C-218 and a motion, M-34.

Next we have Bill C-214, Bill C-220, Bill C-221, Bill C-222 and Bill C-213.

I love working with women.

Next is Bill C-223, followed by M-35.

Now we have Bill C-206, Bill C-216, Bill C-208, Bill C-205, Bill C-237, Bill C-225, Bill C-228, Bill C-236, Bill C-230 and Bill C-232.

[Mario Simard, Bloc, Jonquière, QC]

moved for leave to introduce Bill C-225, An Act to amend the Aeronautics Act, the Fishing and Recreational Harbours Act and other Acts (application of provincial law).

Mr. Speaker, I am very pleased to rise today to introduce my first bill in the House. I am particularly excited about this bill because it builds on what motivates my commitment to politics, namely, the self-government of my nation. I am therefore honoured to introduce my bill on land use and development and environmental protection. Under this legislation, a number of existing laws would be subject to Quebec's laws going forward.

Let us keep in mind that the protection of Quebec's territory essentially falls under the laws and regulations of Quebec and its municipalities. While Quebec cannot force the federal government to obey its laws, the federal Parliament can set strict parameters on the Government of Quebec in the enforcement of its own legislation. We have the ability to regulate matters pertaining to the environment and the development of our territory. It is inconceivable to me that Quebec should have to defer to the federal government on these matters, because what happens within our borders should be decided by us.

(Motions deemed adopted, bill read the first time and printed)