Historic Places of Canada Act

An Act respecting places, persons and events of national historic significance or national interest, archaeological resources and cultural and natural heritage

Sponsor

Status

Second reading (House), as of March 21, 2023

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-23.

Summary

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

This enactment enacts the Historic Places of Canada Act , which provides for the designation of places, persons and events that are of national historic significance or national interest and fosters the protection and conservation of the heritage value of the designated places.
The Act, among other things,
(a) sets out the powers, duties and functions of the federal minister responsible for the Act respecting, among other things,
(i) the designation of places, persons and events that are of national historic significance or national interest,
(ii) the protection and conservation of the heritage value of certain places that are of national historic significance or national interest,
(iii) the protection and conservation of certain archaeological resources,
(iv) the implementation of the Convention Concerning the Protection of the World Cultural and Natural Heritage, and
(v) the establishment of a program for the commemoration of deceased prime ministers of Canada at their grave sites or other appropriate places;
(b) continues the Historic Sites and Monuments Board of Canada and modifies its composition, including to provide for the appointment of representatives for First Nations, Inuit and Métis;
(c) requires the establishment and maintenance of a public register that includes certain information about designated places, persons and events and permits the exclusion of information from the register in certain circumstances;
(d) imposes obligations for the protection and conservation of the heritage value of certain designated places that are under the administration of federal ministers or certain Crown corporations, including
(i) the obligation to ensure that the Standards and Guidelines for the Conservation of Historic Places in Canada is taken into account before an action is carried out that may result in a physical change to one of those designated places that may affect its heritage value, and
(ii) the obligation to consult with the Parks Canada Agency before that action is carried out and before the disposition of one of those designated places;
(e) contains provisions respecting navigation on certain canals that are designated places;
(f) authorizes the Governor in Council to make regulations respecting certain designated places; and
(g) contains provisions respecting the enforcement of the Act.
The Act also contains transitional provisions, makes related and consequential amendments to other Acts and repeals the Historic Sites and Monuments Act .

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.

Lori Idlout NDP Nunavut, NU

[Member spoke in Inuktitut, interpreted as follows:]

I'm sorry. I don't have a lot of time. I was hoping to hear a shorter response.

Now my question will be for Minister Patty Hajdu because of the time restraint we have.

You told us, for example, about Bill C-61 and Bill C-23. Those pertain to indigenous people. My question, Minister Hajdu, is why these bills haven't reached indigenous communities. They don't seem to be effective. As indigenous people, we are rights holders, but they are not respected.

Can you give us a clear response, please?

October 28th, 2024 / 3:40 p.m.


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Thunder Bay—Superior North Ontario

Liberal

Patty Hajdu LiberalMinister of Indigenous Services

Thank you very much, Mr. Chair.

To all members, hello, kwe, ulaakut , tansi and bonjour. I'm so pleased to be here with you today on the territory of the Algonquin peoples to discuss my priorities as Minister of Indigenous Services.

Supporting long-term and reliable access to clean water for first nations communities is a top priority for this government. For decades, boil water advisories have persisted in first nations communities, creating a shameful reality where families are living with uncertainty over their most basic need. We've been working with partners to ensure this reality in Canada comes to an end.

Over the last eight years, we've invested in communities, and today, 83% of the long-term drinking water advisories impacting first nations that were in place in 2015 have been lifted. These investments have also prevented over 275 short-term advisories from becoming long-term ones.

This summer, I was in Star Blanket Cree Nation to celebrate with them the opening of their new water treatment plant. The chief, council and water operators were so joyful to be able to bring this most essential service to their members. It was an honour to be with this community on such an emotional day.

We do see a path to all remaining advisories being lifted, but as we continue this work, we must make sure we never find ourselves back in this place again. Bill C-61 is our response: a commitment built on partnership, engagement and recognizing the inherent rights of first nations to manage and control their own water systems.

This bill creates the tools of self-determination for first nations to protect source water and maintain drinking water and waste-water infrastructure on first nation lands. You've heard from over 60 witnesses that the status quo needs to change, and as the committee is set to begin clause-by-clause consideration very soon, I hope you will all treat this bill with the urgency that it deserves.

Children are the future, and ensuring that indigenous children have access to the services they need remains a shared responsibility.

All children and youth deserve a quality education. First nations, Inuit and Métis children should grow up with access to education that is aligned with their cultures and traditions without having to leave home. By working directly with communities, we have focused on building culturally mindful, healthy learning environments for indigenous students that reflect their distinct needs and priorities.

Earlier this month, I joined Piikani Nation to announce the funding for a new school facility that will serve over 600 students from kindergarten to grade 12 in their community. This $50-million investment will make sure that kids have access to high-quality education while they stay deeply connected to their culture and their homes.

Supporting students contributes to the growth and prosperity of communities.

When we support these kinds of projects and communities, we're supporting future generations of indigenous leaders who are proud of where they come from and who they are.

We also believe in self-determination and support first nations-led health organizations and projects across the country, including the June 2024 agreement in principle with the Southern Chiefs' Organization in Manitoba.

We all recognize that historical trauma and colonization have contributed to the poor mental health and substance use challenges that many indigenous community members face.

By following the lead of indigenous partners in supporting holistic approaches to wellness, as well as indigenous-led, community-based and culturally relevant interventions, we are together building safer, healthier and more resilient communities.

First nations living in communities should also have access to primary care and safe, welcoming facilities to receive their health services. Our government has made progress in this area.

We have invested $157.9 million in the Norway House Cree Nation Health Centre of Excellence, which opened in August 2024 and is the largest indigenous-run health centre in Manitoba.

I think the work we've done in partnership with indigenous communities since 2015 is making an important difference. We've come a long way, but we can't take our progress for granted. Members of Parliament of all political stripes can be part of lasting systemic change by moving on urgently needed legislation like bills C-61, C-38, C-23 and S‑16.

Together, we really can build a system where everyone has a fair chance to succeed.

I'm looking forward to your questions. Thank you. Meegwetch. Qujannamiik. Marsi. Merci.

Lori Idlout NDP Nunavut, NU

I had my staff do just a bit more research on “Indigenous governing body”. I asked them to do a search on where that term also exists.

The term exists in Bill C-35, the early learning and child care in Canada act; in Bill C-23, an act respecting places, persons and events of national historic significance or national interest, archaeological resources and cultural and natural heritage; the Corrections and Conditional Release Act; Bill C-91, an act respecting indigenous languages; Bill C-92, an act respecting first nations, Inuit and Métis children, youth and families; Bill C-68, an act to amend the Fisheries Act and other acts in consequence; 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; and Bill C-97, an act to implement certain provisions of the budget tabled in Parliament on March 19, 2019.

I haven't looked at how these might differ from each other.

Having said that, have you been able to assess whether or not there are similarities or differences between what's in this act and what these other acts might be?

National Trust for CanadaStatements by Members

October 27th, 2023 / 11 a.m.


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Liberal

John Aldag Liberal Cloverdale—Langley City, BC

Madam Speaker, I rise in the House today to offer congratulations to the National Trust for Canada on its 50th anniversary conference. Taking place in Ottawa right now at the Château Laurier, this year's conference theme is “Transforming Heritage”. The conference has brought together over 700 heritage professionals, advocates and industry leaders from across the country and is being held in partnership with the Canadian Association of Heritage Professionals and the Indigenous Heritage Circle.

The National Trust for Canada is the leading national charity dedicated to the conservation and use of Canada's historic places. Since its inception in 1973, the organization has powered a movement dedicated to preserving and revitalizing heritage buildings, landscapes and communities for the benefit of people and the planet.

I want to give a special thanks to Natalie Bull and Chris Wiebe from the National Trust. Their dedication to heritage shows through their hard work. They mobilized support for Bill C-23, which is key legislation for the protection of Canada's national heritage. From conference attendees, I call on members of this House for the swift passage of Bill C-23.

Congratulations to the National Trust on its 50th anniversary.

Historic Places of Canada ActGovernment Orders

March 21st, 2023 / 5:35 p.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, it is always a pleasure to rise to speak in the House. Today, we are talking about Bill C-23, an act respecting places, persons and events of national historic significance or national interest, archaeological resources and cultural and natural heritage. Fortunately, it also has a short title: the historic places of Canada act.

This bill is an attempt to follow up on one of the recommendations from the truth and reconciliation report. Members will recall that the Right Hon. Stephen Harper made an official apology to first nations people for the residential school situations. He then commissioned this truth and reconciliation report, which came with over 90 recommendations. Recommendation number 79 is the one that this act is trying to address. Conservatives absolutely support this. Stephen Harper started it, and so we definitely want to see this come to pass and to send it to committee.

In my talk today, I am going to reflect on some of the concerns that I have with the bill, and as usual, some recommendations on how to fix them.

I will start with subclause 43(3). What happens in the parks part of this bill is that the park rangers would be given new authorities. They would be given similar authorities to what peace officers have. They would then carry out their work. Basically, I want to read subclause 43(3) because it is very concerning. It states:

A park warden or enforcement officer may exercise any powers under [search and seizure] without a warrant if the conditions for obtaining a warrant exist, but by reason of exigent circumstances it would not be practical to obtain one.

It would obviously be a violation of section 8 of our Charter of Rights and Freedoms to search and seize without a warrant, so the important part of that phrasing is “exigent circumstances”. However, I do not know that a park ranger would necessarily understand that they would normally get a warrant, but if someone were going to be injured or some building were going to be destroyed or something, there may be some urgent circumstance. Moreover, there is no indication of a requirement for training on that. Therefore, there needs to be some training.

The second concern I have with this bill is that it would give additional powers to the minister and to the Governor in Council, which is essentially cabinet, to designate places or to prevent a place from being designated. That is way too much power to give to the Minister of Environment and Climate Change. I say that because he has a history of doing things to influence the outcomes that he likes or does not like.

For example, in 2022, he decided to put in regulations about migratory birds, which caused a delay in the Trans Mountain pipeline project. He has already said he never wants to see that project built. I would not want a situation where there is some kind of project or natural resources thing that is in the national public interest and the minister has the sole power to decide to designate a heritage place that would become a barrier to that project. We do not need to put that kind of power in his hands. We have to keep in mind that this is the minister who, in his former life, was arrested for his environmental activism. For example, in my riding, I have a heritage site that is where oil was first discovered in North America. I do not ever want to see the minister have the power to decide that is not going to be a designated site anymore. That sole-power thing is a problem, and there need to be checks in place.

Under clause 34, another thing the Governor in Council, which is really cabinet, could do is to make regulations on about 18 different circumstances. This is becoming a chronic problem with bills that the Liberal government brings forward. The Liberals have no detail in the bill and leave it to the regulations later. Sometimes, thinking about Bill C-11, the government knows what the criteria are that it is going to bring forward to the CRTC on what content should be promoted or buried. Even though the opposition has been asking the government to share that for more than a year, it will not do so.

If we look at Bill C-22, the bill about disabilities, it does not say who is eligible, how much they get and when they are going to get it. Those are details that are actually very important in order to approve bills in more than just principle.

We are at the stage where we are approving this one in principle, but the ability for cabinet to make regulations after the fact needs to be much more limited than it is. There needs to be some driver of why it could not be foreseen.

There is also a part of this bill that would increase indigenous representation on the board from first nations, Inuit and Métis, and that is a great addition. There are some occasions when they do not all agree on something. We have seen instances before, like with the Coastal gas project, for example, with the Wet'suwet'en, where 85% thought one thing and 15% thought another. Again, there does not seem to be a mechanism to resolve when the board cannot agree about something, so that would be very important.

Another protection I would like to see in this bill has to do with the issue of cancel culture. We have seen in our country, over the last few years, quite a number of historic monuments that were vandalized, destroyed or forced to be taken down. I think about the Queen Victoria statue. I would not want to get into a situation where somebody is not a monarchist and they become the minister and have the sole power to designate something as “not a site”, for example.

I remember when I was at university in Kingston, there used to be a pub there called Sir John A. Macdonald, and they made them take that away. I do not know if it was officially a historic site, but it was certainly historic in my life. I definitely do not want to see that.

Another thing is that 15 Christian churches have been burned, some of which were historical sites, and the government has not taken any action. How we are going to address the protection of things that are already heritage sites and not try to rewrite history, as it were? That will be an important question.

I also want to make sure the board members who are chosen have the best interests of the country and the people they are representing at heart. In my riding, there are people who are paid environmental activists who chain themselves to the employees' pipelines, etc. It could cause a lot of trouble if those people were on the board of this particular committee. Who is vetting the board members? It says the government is going to choose. If “government” means the Minister of the Environment, who was previously an environmental activist, then I do have a concern there as well.

Let us talk about navigable waters. There is a lot of red tape already in the area of navigable waters. There are federal regulations, there are provincial regulations and there is always a long delay in getting any resolution. Now we would have the Minister of Environment and Climate Change having powers, but what if the Minister of Fisheries or the Minister of Tourism do not agree? I have raised this point in the questions a few times, but there has not really been a good answer. There needs to be some mechanism to sort out who is on first and who has the prime responsibility. I personally do not think it should be the Minister of the Environment, when it comes to navigable waters. That is clearly something that is a concern of Fisheries and Oceans, unless it is for tourism.

If we think about some of the balancing of priorities, we know that when it comes to designating heritage sites, they are expensive to maintain. In my previous questions, I talked about, in my riding, Prime Minister Alexander Mackenzie's grave, which was falling into disrepair and it took a really long time to get fixed. We need to make sure there is a plan in place to afford the things we are designating.

I do like the idea of a registry for those locations that are heritage locations. That will be helpful. I think it will also help prevent people from removing things that were at heritage sites, because the reasoning for them being chosen in the first place will be a part of that.

The final concern I have about this is that the government has brought this bill and again is giving more power to the government. Its track record is not great on this. We have seen numerous times that the government has used its powers and it was not in the interest of the people. I think that is why people are losing trust in the democracy and in the current government.

There need to be some protections put into this bill that would allow us to expand and recognize heritage sites, to afford to fix them, to make sure that we are not going to cancel them later and to make sure that it is clear how we sort out conflict.

Those are the main concerns that I have with the bill. I would be happy to answer any questions people have.

Historic Places of Canada ActGovernment Orders

March 21st, 2023 / 5:30 p.m.


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Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Mr. Speaker, I thank my colleague for his rather extraordinary speech. It made me want to go straight to British Columbia. In fact, I think the B.C. tourism board should hire him or should send his speech to people to encourage them to go there and see how interesting the historic sites really are. It really makes you want to go there.

Quite apart from Bill C‑23 currently before the House, I think everyone pretty much agrees today on the issues of truth and reconciliation. We have talked about housing, murdered women, homelessness, and the reserves in northern Ontario and Manitoba that still do not have clean water. Many challenges remain when it comes to reaching out to indigenous nations.

What does my colleague think is the priority issue that should be dealt with immediately other than Bill C‑23?

Historic Places of Canada ActGovernment Orders

March 21st, 2023 / 5:20 p.m.


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NDP

Taylor Bachrach NDP Skeena—Bulkley Valley, BC

Madam Speaker, it is an honour to rise this evening and speak to Bill C-23, an act respecting places, persons and events of national historic significance or national interest, archaeological resources and cultural and natural heritage. This is a bill we support, of course, in large part because it would contribute toward the implementation of the Truth and Reconciliation Commission's call to action 79.

At the outset, I will note two of the main things the bill would achieve. First, it would add three members to the Historic Sites and Monuments Board from first nations, Métis and Inuit groups. Second, it would require that Parks Canada incorporate indigenous knowledge into the designation and commemoration of historic sites. Of course, indigenous participation and leadership in these processes is so vitally important as we come to terms with the legacy of colonization and as we begin to fully recognize the value and significance of indigenous history in our country.

Earlier, I was talking to my colleague and friend, the member for Esquimalt—Saanich—Sooke, and he noted that despite the long indigenous habitation in the riding he represents, there is not a single indigenous national historic site. That prompted me to look at the list of national historic sites in British Columbia, and I was overwhelmed to see that there is a bit of an embarrassment of riches. I thought that at the outset I would read through some of the really remarkable national historic sites in Skeena—Bulkley Valley, which comprises northwest British Columbia, the beautiful north and central coast and the islands of Haida Gwaii. There are 15 of them, and I think all but five are indigenous sites. It is truly remarkable.

Five of the national historic sites in northwest B.C. are located in Haida Gwaii, many of them in Gwaii Haanas National Park Reserve and at the Haida heritage site. I am not going to try to accurately pronounce some of the village names, these ancient village sites that have been protected by the Haida people in partnership with the federal government, other than the village site of Skedans, which I had the great privilege to visit last summer alongside the Haida hereditary chief, Guujaaw, who has a long history of leadership on Haidi Gwaii. The former premier of British Columbia, John Horgan, was with us that day as well.

It was a gorgeous summer day, and we took a boat out to Skedans, a site also known as Koona. We walked among ancient trees and saw totem poles that date back hundreds of years covered in moss, with many of them leaning and some decomposing into the ground. We saw the house site excavations where majestic longhouses once stood, and I reflected on the long history. It made me recognize one of the great values of designating national historic sites relating to indigenous history: For newcomers like me and my family, it gives an opportunity to reflect on the length of indigenous occupation of these lands and waters.

The community that I currently live in was founded in 1913 with the advent of the railroad. On the north coast of British Columbia, there are archaeological sites that have habitations dating back 14,000 years. It is truly remarkable.

There are, of course, other national historic sites in northwest B.C. worth mentioning. Kitselas Canyon is a spot just outside of the community of Terrace, where the Kitselas Nation makes its home. The mighty Skeena River is forced through a cleft in the rock, and I had a chance last summer to paddle through it in my little solo canoe, which was a bit of a terrifying experience to be honest. The Kitselas people, who lived at the village site of Gitaus, were once toll-keepers on the Skeena River. As other nations travelled upriver, at this narrow canyon the Kitselas would charge a toll as they passed by. It is a really remarkable place.

Gitwangak Battle Hill is a national historic site near the village of Gitwangak. This is a historic hill fortress where the Gitwangak people, part of the Gitxsan Nation, defended against intruders. There are so many, I could easily fill my time reading them from this list.

Fort St. James is a historic Hudson Bay Company post on the shores of Stuart Lake, a place I had a chance to take my two daughters when they were very young. The first crossing of North America by Mackenzie in 1793 is noted as a national historic site in Bella Coola. The Chilkoot Trail extends between the riding of Skeena—Bulkley Valley and Alaska. These are all important sites, and they deserve protection.

There are many more historic sites in northwest British Columbia, particularly indigenous historic sites, that I believe are worthy. The hope is that this bill, should it pass into law, would empower the federal government, working with indigenous people, to seek out and designate additional sites and ensure that indigenous knowledge is properly recognized and communicated through the sites.

The two actions that I mentioned were adding members to the board and ensuring that Parks Canada properly incorporates indigenous knowledge. These are important things, but the other aspect beyond designating new sites and ensuring that knowledge is conveyed through these opportunities is that we need to properly resource and fund national historic sites so that this history is preserved for future generations. This is where the federal government has a lot of work to do.

I note that numerous studies have pointed to the need for additional funding for national historic sites. In 2017, the Standing Committee on Environment and Sustainable Development issued a report recommending that the annual funding for the national cost-sharing program for heritage places be increased to a minimum of $10 million annually. However, the 2023-24 funding cycle only has $2 million available.

That brings me to a national historic site that I want to talk about in my remaining minutes, and that is the North Pacific Cannery. This is a historic salmon cannery on the bank of the Skeena River near the District of Port Edward. It operated between 1889, over 125 years ago, and 1981. It is owned by the District of Port Edward, a very small municipality, and run by a non-profit society. This is the last remaining intact salmon cannery on the west coast. It is a truly remarkable historic site.

At the North Pacific Cannery, I met with Knut Bjorndal, the mayor of Port Edward, as well as Heather Hadland-Dudoward, the manager of the cannery, and board president Mona Izumi. They talked about the need for more operational and restoration funding. There are 27 buildings that are part of the North Pacific Cannery. It reflects a unique piece of history of workers of indigenous, Chinese, Japanese and European descent who worked there on the bank of the Skeena River processing wild salmon. It hearkens back to an era when there was an incredible abundance of wild salmon coming up the Skeena River. We need to protect this place, and there is a need for additional resources to do so, both in operational funding and funding to renovate the buildings that are at risk of falling into the river or falling into greater disrepair.

This year in Prince Rupert, which is right next door, there are going to be over two dozen cruise ship visits. The cannery is a key tourist attraction for visitors to the north coast. Unless we invest in it properly, and unless the federal government recognizes the value of this history and provides adequate funding to the small non-profit society and tiny municipality that own and operate this site, there is a real concern that it will fail to meet its potential as a tourism destination. Then, future generations of visitors will be unable to reflect on the history that it represents. Much more gravely, it could also fall into serious disrepair, and aspects of this history could be lost forever.

I saw Mayor Bjorndal a couple of days ago. I told him that if I ever had a chance to plead his case in the House of Commons and urge the federal government to provide funding for the North Pacific Cannery, this truly unique historic site, I would do so.

Historic Places of Canada ActGovernment Orders

March 21st, 2023 / 5:10 p.m.


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Argenteuil—La Petite-Nation Québec

Liberal

Stéphane Lauzon LiberalParliamentary Secretary to the Minister of Rural Economic Development

Madam Speaker, I would like to begin by mentioning that I will be sharing my time with the member for Skeena—Bulkley Valley.

I, for one, will focus on the topic at hand. I do not need to say that previous speeches have covered just about everything except Bill C‑23, which I am going to talk about. I want to talk about the Truth and Reconciliation Commission of Canada's call to action 79, which calls for an inclusive and transparent designation framework to protect federal historic sites for current and future generations. I am thinking of our children and grandchildren. What we are doing today is for their future. This is about designating our built heritage, designating historic sites that have been neglected over time and demonstrating the importance of involving indigenous communities in decision-making.

Bill C‑23 is a critical step in ensuring that places, persons and events of national significance are designated in a very inclusive manner. This sustainable and transparent bill reflects the depth of historical diversity. This designation will promote reconciliation and social cohesion.

The bill is guided by the principles of inclusivity, transparency and sustainability. It modernizes the identification, presentation and conservation of places, persons and events of national historic significance in order to ensure that the designation process is fair and equitable. We all have historic sites in our ridings that are facing challenges in terms of the environment, maintenance, budget or recognition. These files often get lost amid all of the other files that we have to deal with in our ridings. This bill pays special attention to our country's rich cultural heritage and the presence of the first peoples. It is very important to recognize their heritage in Canada.

In addition, the bill will ensure that federal historic sites are protected for current and future generations. This will allow these sites to be repurposed and adapted for a changing climate, thus contributing to a sustainable future for Canadians. In my constituency, some heritage buildings were heavily damaged during the 2019 floods. We did everything we could. We filled sandbags and gathered teams of volunteers to protect the buildings, but we need to do more because climate change is here to stay. We are here to confront it. Thanks to Bill C‑23, we can be there for historic buildings and sites, but we will also have an action plan and be able to add them to a proper register so we know where they are located and how they should be conserved.

The bill also touches on authority over historic canals. I want to talk about historic canals. All historic canals are federal historic sites administered by the Parks Canada Agency. That means the provisions relating to the protection and conservation of federal historic sites would apply to historic canals, as would the provisions relating to regulations, enforcement, offences and penalties.

The Carillon Canal, which is in my riding, is one of nine historic canals. The famous Rideau Canal is another. Incidentally, since taking office, we have made major investments to protect the Rideau Canal and to keep this beautiful heritage site open for tourism. There are others in Canada, including one in my riding that will be protected by Bill C‑23. The Carillon Canal is located in the magnificent municipality of Saint‑André D'Argenteuil in my riding. The canal is on the Ottawa River in Carillon, Quebec, and it was designated a national historic site of Canada in 1929. It will soon celebrate the 100th anniversary of the day it was recognized for its importance to Canada's history and economy. Today, the canal serves as a crossing for the Carillon hydropower generating station and provides a gathering place for people in my community. To me, it is an honour.

The bill would also provide for the power to make regulations respecting the administration of federal historic sites administered by the Parks Canada Agency. This power will make it possible to protect the heritage value of a historic site, including its cultural, historic and archeological resources, as well as its natural characteristics, its flora and its fauna. This power could also be used to ban certain harmful activities. I am proud to support this bill.

Historic Places of Canada ActGovernment Orders

March 21st, 2023 / 5 p.m.


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Argenteuil—La Petite-Nation Québec

Liberal

Stéphane Lauzon LiberalParliamentary Secretary to the Minister of Rural Economic Development

Madam Speaker, first and foremost, I would like to thank my colleague for his speech, or at least the part about Bill C-23.

After a long preamble about our government's sound management of housing and the labour shortage, he eventually got around to speaking to Bill C‑23. He focused on the designation of places.

I would like to ask my colleague if he agrees that Bill C‑23 will facilitate access to information and improve its quality and that the register will help us make the right decisions.

Historic Places of Canada ActGovernment Orders

March 21st, 2023 / 4:50 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I have to say there are so many scandals that it is hard to keep track. We are going to need to publish a scandal almanac so we will know exactly which one at all times.

This is the scandal in which the Liberal government gave over $100 million in contracts to McKinsey, a company with a very shady record of activity around the world that includes, most concerning to many Canadians, giving advice to Purdue Pharma on how to supercharge the opioid crisis. Stick around for that, Madam Speaker. I will be speaking to that later tonight. You may not have a choice. There will be someone in the chair, regardless.

On the issue of Bill C-23, I was speaking about the government's engagement in terms of consultation with indigenous Canadians. I think, sadly but very clearly, what we have seen with the government when it comes to engaging with indigenous communities is that it has always been a one-way street. If there are indigenous organizations or communities expressing opposition to development projects, the government says it has to listen and it has to really elevate the voices on that side of the debate.

On the other hand, if we have indigenous communities, organizations or nations that are supportive of development, that want to see development projects proceed, then the government very clearly does not listen. It tries to elevate one perspective that exists within indigenous communities while ignoring another.

Let us acknowledge that, within any community of people, there is going to be a diversity of perspectives about the best way to proceed on certain issues. Development projects can be one of those contentious areas where there will be differences of opinion.

The government takes a very one-sided approach to its supposed commitment to consultation. What sticks out to me most in this regard is some time that I spent in northern territories and meeting with indigenous leaders there who talked about development restrictions the government had imposed with absolutely no consultation. It was sort of a phone call to a premier right before an announcement was made. That is how the government stopped development projects, yet it talks increasingly as if proponents of projects, those proceeding with development projects, have to get to something near unanimity.

If we realize that, in the process of talking about consulting indigenous Canadians, the government is actually interested in listening to only one side of the equation, then we realize that it is not about meaningful consultation but about the government trying to find people within indigenous communities who share its perspective and ignoring people who have a different perspective.

I fully acknowledge the diversity of views that exist in any community on development projects, but I know, certainly with people I talk to, indigenous peoples living in my riding and others across the country, there is a sizable constituency out there saying that natural resource development projects in particular contribute to jobs and opportunity growth, and that is very positive for these communities.

In the process of that consultation, it is important to ensure that the government is hearing from the full spectrum of opinions. However, what we then often see is that, when the government is creating consultation mechanisms, it preserves for itself control of who actually participates in that consultation mechanism. There was a bill that the government put forward recently creating an indigenous advisory council. In that context, the minister would be able to do the initial appointments. On the one hand, it was saying the government wants to consult with people from indigenous communities, but on the other hand, it would choose the people it is consulting.

That obviously takes away, to some extent, from the meaningfulness that could have been realized if representatives were not selected by the government that was then going to consult with them about a specific issue. I flag this because this legislation, Bill C-23, speaks about setting aside seats for first nations, Inuit and Métis representatives on the Historic Sites and Monuments Board of Canada, but the process of appointment retains substantial control over those appointments in the hands of the government. It is saying it would appoint from these communities, but it is going to be the one doing those appointments. That is something important to flag in whether this would be effective.

As I said, Conservatives are supportive of the principle of having certain sites with genuine historic significance being thus designated, and of having particular frameworks around the protection of those sites once they are thus designated. We are supportive of that in principle. We will be supporting this legislation at the second reading stage, which is where we are at, and this is where we consider the general concept of a bill in principle.

The rubber is going to hit the road when we get to the committee study on this legislation and when we work through how to ensure the government is not able to use this legislation to such a general extent as to be able to put a halt to development projects anywhere and to use the designation of a place as having historic significance to block development. It is worth saying, sort of as a bit of a coda, that almost any place is probably of some significance to someone, so the broad enabling power this legislation could give government is something we need to be very careful of.

How limited is its use going to be? Is it going to be so broad as to be open to the Minister of Environment? He, let us be clear, has a particular animus for the energy sector and development in that sector and he, at one time, illegally climbed onto the roof of the premier of Alberta's home to protest that premier's policies. We see, rightly, condemnation of instances where politicians in protests are targeted in their homes, but the Minister of Environment has never addressed his record on this. We know he has a particular approach when it comes to development in this sector, so giving such significant enabling powers to the government, to the Minister of Environment in particular, raises some red flags. That is why the rubber will hit the road at the committee stage of this bill.

Finally, the approach of Conservatives is to recognize that, reasonably, there is a role for government, but we want to do everything we can to get red tape and gatekeeping out of people's lives; make people's interactions with government simpler, clearer and more predictable; reduce their taxes; and give them more control over their own lives.

Our goal as a party is to realize a fuller vision of human freedom, where people can live in strong communities and strong families, independent of government overreach and government bureaucratic control, and independent of the bureaucratization of every aspect of their lives. That is the vision our leader has articulated about removing gatekeepers, defending freedom and recognizing that strong individuals, families and communities are the fundamentals of life far more important than government.

While we recognize some value in the principle of this legislation, I can assure members that we will continue to be vigilant to ensure the government, to the extent we are able, is blocked from overreaches into people's lives, that we fully realize that vision of human freedom. I suspect it will take a new government, a new Conservative government, to bring us to that point, but for the time being, we will use the opportunities we have in opposition to do precisely that.

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March 21st, 2023 / 4:40 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, it is a pleasure to rise and address a packed House this afternoon. The government often calls its legislation “historic” and often it is not historic. However, in a very formal sense this is a historic piece of legislation insofar as it establishes rules around national historic sites.

Just as a preface, though, to the points I would like to make about this legislation, I imagine that much has been said by Conservatives about the issue of gatekeepers, about how the government's great fondness for red tape, for regulations, for gatekeepers, is making it harder for people to go about their business.

What is a gatekeeper? A gatekeeper is a regulator, an authority of some kind that prevents people from being able to go about their business or to do things that they should reasonably be able to do. Maybe the gatekeeper allows them to get through the gate eventually but imposes additional conditions or challenges that prevent that individual from going forward in a sufficiently timely way.

I think many Canadians look at various aspects of their lives and at the way government is operating, and they see way too much gatekeeping. They see way too much red tape. Modern life, because of the bureaucratization of various things, has just become excessively complicated and frustrating for people who are trying to proceed with normal life and do things that, in times past, were not over-regulated.

Conservatives are putting forward an agenda aimed at reducing red tape, at making life easier for Canadians and at allowing development to proceed without undue barriers. We made a number of genuinely historic announcements in the past week about initiatives that a Conservative government would implement, aimed at removing gatekeepers. One of those announcements was around housing. We have said that there was too much gatekeeping, too much Nimbyism, happening at the municipal level that prevents housing from getting built. When there are all sorts of little barriers that accumulate into large barriers, we see a shortage of new housing, which in turn makes housing less affordable for Canadians.

Our leader has announced strong measures that are going to require municipalities to get that gatekeeping, that red tape, out of the way. We have also announced a new measure around credentials. For over 50 years, people with trade certifications have been able to work in other parts of the country. However, people with certain professional distinctions are not able, if working virtually for instance, to easily provide that professional support across the country.

These are some instances of gatekeeping we have committed to addressing, and that, I think, need to be addressed urgently. They are a part of this whole constellation of red tape the government is piling on Canadians. This is the reality about how the government approaches things and how we approach things.

That brings us to the discussion of Bill C-23. I welcome the applause from across the way from the member for Winnipeg North. I mentioned this before, but he recently referred to me as a “mischievous little guy”. I am very proud of that, actually. I know that if the member for Winnipeg North has considered me to be mischievous, then I have had a good day. I will do my best to keep it up.

When it comes to Bill C-23, the government is saying a number of things about the designation of historic places and sites. On the face of it they seem reasonable, saying that the government should be able to designate certain places, persons and events as having historical significance for the country. It wants to have the designation of those places with plaques erected to celebrate those places, perhaps. It wants to be consulting widely, including consulting indigenous Canadians on those designations, and thus regulate the use of those places in a way that accords with their historic status.

On the face of it, at least for the second reading vote where we vote on the principle, there is some logic in saying that, yes, there can be a framework for the designation of certain sites, recognizing their historic significance. However, the concern is that we have a government that has such a tendency to use every possible pretext for imposing additional red tape, for making it harder to proceed with development project. It is a government that talks a good talk sometimes about the housing affordability challenges but in practice has done nothing to actually get housing built, a government that is fundamentally comfortable with red tape, gatekeepers and barriers preventing people from going about their normal lives. When that is the reality of what this government is all about, then people are understandably looking at Bill C-23 and asking what tools it would provide to the government for additional gatekeeping and additional restrictions on development.

When the power is vested in the hands of the minister and the minister would be able to make these designations, which would automatically impact the use of a place, and areas around it, by the way, that could create significant problems if that power is used in a way that is unreasonable. If the government is making these kinds of designations, and if the effect of making those designations is that development projects in and around the area are not able to move forward and the existing use of a particular land or particular place is no longer allowed, and if these designations are made in a way that does not reflect proper engagement or consultation with local people in the area, that would be a significant problem.

We can look at the tool that this legislation would provide to the minister to make designations and to use those designations in a variety of ways and, frankly, I would say that it is consistent with a pattern we are seeing from this government in terms of legislation. We are seeing legislation with less and less practical detail. Rather, we are seeing a lot of legislation that enables the government to do something later on.

Right beside Bill C-23, we had Bill C-22, a bill that would provide a benefit for Canadians living with disabilities. In effect, the bill would empower the government to create aspects of that benefit but not prescribe the nature of that benefit in legislation. We had Bill C-41, a bill that would empower the government to make certain exceptions in the Anti-terrorism Act, but it did not provide specificity around places where it would apply and many other aspects of how those exceptions would function. Thus, we have this pattern with the government of taking on new powers for itself through legislation, without seeing the specifics in the bill.

The kind of rhetorical approach the government brings to these debates is this: “Just trust us. We mean well. We are going to make sure that, when we are designating these places, it is going to be in accordance with what makes sense. We are reasonable people, for goodness' sake.”

However, the problem is that Canadians do not see the government as reasonable. They do not see the government as trustworthy. What we have actually seen, particularly from the Minister of Environment, and I think from the government in general, is a lack of recognition of the important role that jobs, opportunity and development play in our country, and the need to remove gatekeepers and red tape. We have not seen from the government a proper appreciation of that, and the effect, I think, has been very negative for this country.

I want to now speak on the issues of indigenous consultation that are in the bill. The legislation—

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March 21st, 2023 / 4:35 p.m.


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Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Madam Speaker, I too would like to thank my colleague for speaking French. Any efforts members make to speak French in the House are really very important. Right now, the French language is in decline across the country. I think it is important that the House send a message to francophones everywhere, all across Canada, that we are concerned about French here. I commend my colleague.

The debate on Bill C-23 is a bit flat. Everyone pretty much agrees. Apart from some minor details, everyone pretty much agrees on the bill overall. It is a bit boring.

Since members are unanimous on this bill with regard to indigenous peoples and reconciliation, does my colleague not agree that there is more meaningful action to be taken? I agree with this bill. Let us pass it and move forward.

Indigenous peoples are facing challenges related to housing, homelessness and domestic violence. We know that 8% of female homicide victims in Canada are indigenous, even though indigenous women represent only 4% of the population. I think that there are a lot of issues that this government still has not addressed.

Would my colleague agree that we should start dealing with those issues as quickly as possible?

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March 21st, 2023 / 4:30 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, I have been very patient in listening to the member. He is talking about everything but Bill C-23. He is talking about oil development.

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March 21st, 2023 / 4:25 p.m.


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Conservative

Greg McLean Conservative Calgary Centre, AB

Madam Speaker, it is a pleasure to stand in the House of Commons today to discuss Bill C-23. Today and every day, I am pleased to represent the interests of the citizens of Calgary Centre.

One of the purposes of this bill is to create a Historic Sites and Monuments Board of Canada. Among other things, this bill gives the minister the authority to recognize the national historic significance or national interest of sites. It also gives the minister regulatory powers, and that is where we have a problem. The Governor in Council can make regulations respecting historic sites administered by the Agency.

This is where we might differ a little.

There are many other regulatory powers to be concerned about.

One of the main parts of this bill, which we strongly support, of course, is the call to action 79 from the Truth and Reconciliation Commission.

I will read that into the record here very quickly, if I may:

We call upon the federal government, in collaboration with Survivors, Aboriginal organizations, and the arts community, to develop a reconciliation framework for Canadian heritage and commemoration. This would include, but not be limited to:

i. Amending the Historic Sites and Monuments Act to include First Nations, Inuit, and Métis representation on the Historic Sites and Monuments Board of Canada and its Secretariat.

That is the most important part of this one, and that is also what is in the bill that we need to support strongly. This is something that has gone on for too long in Canada, where we are not including the most important part of our history, pre-colonialization, in the decisions in the historic sites across Canada.

I do not know how that happened. I have been exploring, in my riding and across Canada, where the division happened in what was a real consensus between the colonialists who came to Canada and the first nations who were here before they came to Canada. They used to work very much hand in hand together. Somewhere in our history, that compact seemed to get broken, and we seemed to be separate entities. We are only coming past that dark part of our history in these years, as we deal with things in the House of Commons.

This call to action, of course, is part of that reconciliation. It is an important part of this bill that we need to make sure we instill in law here in Canada and in the laws going forward.

There are other things in this bill that are huge regulatory oversteps. The minister, the Minister of the Environment in this case, would have the sole authority to designate a historic site. That might sound innocuous to my colleagues. It is not so innocuous when we look at everything that has been given to this minister, and everything that has been given to this minister that he has made gross oversteps on.

I could give a few examples here. The first thing I am going to talk about is the Impact Assessment Act. The thing about the Impact Assessment Act, passed in August 2019, is that it allowed the minister, not Governor in Council, the cabinet, but this minister alone, the Minister of the Environment, to actually say, “yes, I get to approve a resource development by myself in any part of Canada, or I get to disapprove of such a resource development”, which is contrary to the Canadian Constitution.

The Canadian Constitution allows resource development in the provinces to be the purview of the provinces. It is only when it crosses provincial boundaries that the federal government or, in this case, the federal Minister of Environment might get involved.

This was an overstep, and it was recognized by the Alberta Court of Appeal in May 2022, when they overturned, by a good margin of four to one, the actual constitutionality of the Impact Assessment Act.

What was lost to Canada in those almost three years, between the passage of the bill and the overturning of the bill, ruling it unconstitutional, in the Alberta Court of Appeal, were three years of project developments in Canada's natural resource industry.

That is a whole bunch of uncertainty and hundreds of billions of dollars of projects, literally hundreds of thousands of jobs and billions of taxation revenue to this government to pay for things like health care and education. We will note the deficits that the government has plunged itself into as a result of not having enough revenue to pay for the programming that it is so fond of signing cheques for. This is a problem.

The Impact Assessment Act is in limbo right now, until it goes to the Supreme Court of Canada, after being overturned by the Alberta Court of Appeal. People need to recognize that the Alberta Court of Appeal is five justices, all appointed by the Prime Minister of Canada. This is not an Alberta versus federal decision. These are actually people who are appointed by the federal government who have overturned a piece of federal legislation soundly.

I think anybody who is a constitutionalist around here could look at that and say, “If the constitutional authority rests with the provinces, why does the federal Minister of the Environment, by himself, get the authority to turn this over and say no, the provinces cannot do this?” It defies constitutional law, and I am going to be wondering what happens when the Supreme Court of Canada hears this. Is it going to acquiesce, or is it going to agree with everybody else in Canada who says yes? This has been a gross overstep and it needs to end.

The second thing I am going to talk about is something that happened this past summer. In June 2022, the Minister of the Environment thrust some new regulations on the migratory birds regulations. The regulations actually say that if people discover a pileated woodpecker nest anywhere near a construction site, they cannot construct anything for three years. Regulations do not come to the House. We know that. They actually go through the Hansard process.

All of a sudden that became a regulation that impeded the progress of the Trans Mountain pipeline, which had been under construction for a number of years at that time, and it is still under construction. There is a reason it is grossly over budget. The Minister of the Environment keeps putting roadblocks in the way to getting it completed. As a matter of fact, he stated he does not want to ever see this pipeline created.

This is in stark contrast to the Minister of Finance, who is responsible for the entity that actually builds the pipeline, who says we need to build this pipeline. We have a conflict here at cabinet. There is the Governor in Council, and now there is one minister able to make this decision about many of these regulations that are going forward. This is a problem in our governance.

It is a serious problem. We have already been exposed to what it means: $30 billion. It is $22 billion over budget for a major Crown project. That is obscene. That is something Canadian taxpayers are paying for. It is dissonance on the front bench of the Liberal government. The Liberals need to get their act together. This is something that we need to make sure we do not replicate in this legislation going forward. It is a gross overstep.

I should add one more thing about the TMX pipeline. It is over budget. The benefit of the TMX pipeline, at the end of the day, is that we are actually going to receive about $22 billion a year in national benefit as a result of the building of this pipeline. In as much as the project itself is not going to pay the proponent the amount of money that has gone into it, and we need to acknowledge that, it is a huge benefit for this country on a yearly basis going forward. It is $22 billion in revenue per year going forward, and we are way behind on getting it built.

I will also talk about budget 2019, where the Minister of the Environment could not get things one way, so he got things another way when he actually—

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March 21st, 2023 / 4:15 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, as members may know, Bill C-23 would enable and encourage recommendations and ideas people might have. The member made reference to a few very specific thoughts.

When we think of our heritage, we need to think of people, places and special events, or a combination of any of those three areas, and advance it to where criteria and eligibility need to be met. What is nice about the legislation is that it sets a more detailed framework that would allow this to take place. Would the member not agree, in the principles of the legislation, that this is good legislation that should ultimately go to the committee?