An Act to amend the Impact Assessment Act (federal-provincial agreements)

Sponsor

Gérard Deltell  Conservative

Introduced as a private member’s bill. (These don’t often become law.)

Status

Defeated, as of May 8, 2024

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Summary

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

This enactment amends the Impact Assessment Act to provide that the federal government and the provinces may, if certain conditions are met, enter into agreements to exempt certain projects from the application of that 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.

Votes

May 8, 2024 Failed 2nd reading of Bill C-375, An Act to amend the Impact Assessment Act (federal-provincial agreements)

Impact Assessment ActPrivate Members' Business

March 18th, 2024 / 11 a.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

moved that Bill C-375, An Act to amend the Impact Assessment Act (federal-provincial agreements), be read the second time and referred to a committee.

Mr. Speaker, it is always an honour and a privilege to rise in the House to speak. Today is really special, because it is the first time that I have had the opportunity to explain the bill that I introduced with the support of the entire official opposition team. I put this bill together with the help of the House of Commons legislative drafting team and the team that I work with here in Ottawa and in my riding.

This is the first bill that I have introduced in the eight years and five months that I have been a member of the House of Commons. I would like to thank the people of Louis-Saint-Laurent for putting their faith in me in 2015, 2019 and 2021. The decision is in their hands as to what will happen in the future, but I trust their judgment.

Bill C-375 is entitled “An Act to amend the Impact Assessment Act (federal-provincial agreements)”.

I want to talk about the title because, although I was obviously happy and quite moved the first time I saw the bill in print, I also did a bit of a double take. Those who have the French version will notice that it says “fédéro-provinciaux” agreements. I was a little surprised to see that “fédéraux” is spelled with an “o” at the end. Since this was written by legal experts, I approached the table to make sure that this was indeed how it should be spelled. I was told that when it comes to legislation, “fédéraux” is traditionally spelled with an “o”. It is a small detail, but my colleagues know that, when it comes to introducing a bill, we want to make sure that everything is written in proper French, which is clearly the case here.

Climate change is real, as we know. We need to act quickly and decisively to deal with the effects of climate change. Human beings have contributed to climate change and must play a major role in this area. That is why our bill aims to combat climate change more effectively. To put it succintly, I would say that this bill essentially aims to establish a single environmental assessment per project, because, at this time, there is overlap between federal and provincial environmental powers. When a project is under way, an environmental assessment must be carried out. The first province to adopt this system was Alberta.

Why carry out two assessments if one has been done already, especially considering that the need for green projects to address climate change is greater than ever? This bill aims to significantly improve efficiency and optimize the scientific effort involved in assessing environmental projects. It aims to reduce duplication. In essence, it strives for collaboration, not confrontation. We think that provincial scientists are just as capable as federal scientists. Why pit them against each other by having two environmental assessments done when they could work together on just one and achieve the same objectives much more efficiently and pragmatically?

That is the big issue this bill tackles. What is the approach? For years now, our party has been saying that we need to stop doing two assessments every time. Federal and provincial officials need to stop stepping on each other's toes. When we came up with this bill, we looked at two options. We could have gone through every piece of legislation and analyzed every situation in order to amend this or that act, but that would have taken a very long time, and the resulting bill would have been a brick. That would have been cumbersome, so we opted for a pragmatic approach instead. My thanks to the team of legislative drafters we worked with.

This approach creates a mechanism to enter into agreements. Yes, we have no choice but to work together to fight climate change, but, in this case, we do so gladly because that is what needs to be done for the sake of the planet and the environment. That is why we are laying the groundwork for agreements that will enable federal and provincial partners to work together on a single study, rather than competing with each other. There are no good guys or bad guys. Nobody is stricter or more lenient. Science is science. Science has no allegiance, no political stripe. Science is rigorous. Let us put Canadian scientists to work for the environment. That is how we want to do it.

Needless to say, we need green projects now more than ever. As we speak, under the provisions of Bill C-69, which was introduced and passed by this government, the government gave itself veto power over hydroelectric projects. Obviously, as a Quebecker, this affects me, and I was deeply offended when I learned of that. We recognize Quebec's extensive expertise in hydroelectricity. All projects have been carried out in accordance with the environmental assessment process that falls under Quebec jurisdiction. However, this greedy government, which always interferes where it does not belong—in other words, in areas of provincial jurisdiction—has given itself veto power over hydroelectric projects.

If the federal government had had veto power over every hydroelectric project, including the Romaine River, James Bay, Manicouagan River, Outardes River and Betsiamites River projects, where would Quebec be today? If the federal government had given itself veto power in the 1950s, when studies were being done for Bersimis-1 and Bersimis-2, for the two generating stations on the Outardes River and the four generating stations on the Manicouagan River, where would Quebec be today? The green light was given in the 1950s, in 1958 to be precise, and the project was completed in the 1960s, with the magnificent inauguration of Manic-5 in 1968.

The federal government had no business being involved and that is why it was done properly. Why then did it interfere in this provincial jurisdiction by giving itself veto power and the ability to conduct an environmental assessment of hydroelectric projects?

This issue came before the Supreme Court of Canada. In the reference concerning the Impact Assessment Act, the Supreme Court of Canada chided the government for interfering in provincial jurisdictions. Obviously, the government did not take it as an order, but rather as an opinion of the Supreme Court. That is the issue. It is an opinion and it requires a response. Our response to that Supreme Court opinion is that the provinces are going to work hand in hand with the federal government and not against one another. That is how we have to look at environmental issues.

Let us not forget that the government said that it was going to review the situation. We have a suggestion for the government to ensure that the process is much more efficient and that there will be environmental assessments for major projects. There needs to be an environmental assessment for every project, and those will be done perfectly well by our experts.

Right now, there is a battle between the pragmatic approach that we support and the dogmatic approach. What has the government done to protect the environment in the eight years it has been in office? It has made announcements, announcements and more announcements. It has created the new carbon tax, imposed taxes and, obviously, increased the carbon tax. That is the very dogmatic approach that the Liberals are taking.

What exactly has been achieved after eight years of this government? In eight years, this government has never met its targets, except during the pandemic. If the government has to shut down the economy to meet its targets, then that is not exactly the best approach. That is what is so disappointing. The government's approach is all about taxing people. In a few days, on April 1, the government plans to increase the Liberal carbon tax by 23%. That is not the right thing to do. We will have an opportunity to come back to that a little later.

Some people will say that the Conservatives are against everything the government does. Of course, if the government were doing good things, we would be happy. If we were seeing results, we would be happy, but that is not what is happening. The government has yet to meet its targets, and we are not the only ones saying it.

Every year, the UN tables a report that evaluates the effectiveness of environmental measures for more than sixty countries around the world. Scientists from all over the world provide an objective, non-partisan analysis of the efforts being made to combat climate change and their results. I want to make sure I am using the exact wording used by the UN, so I will read this in English: “Climate Change Performance Index 2024 — Rating table”.

This document was recently tabled at COP 29. After eight years of this Liberal government, Canada ranks 62nd out of 67 countries. Not 40th, 50th or 60th, but 62nd.

After eight years of this Liberal government, Canada ranks 62nd on its performance in the fight against climate change, dropping from 58th place last year. Are the Liberals' climate change policies working? No. Canadians are not the only ones who see it, knowing that the Liberal carbon tax is set to rise in a few days. Scientists around the world see it too, and they clearly have no partisan political agenda like we do. Our very office requires us to have a political agenda. It is our duty to serve as the loyal opposition to this government and therefore to identify flaws. Scientists around the world have now confirmed that Canada's performance puts it in 62nd place worldwide.

We need to take action on climate change. We need pragmatic measures. That is why, at last September's Conservative Party convention, our leader outlined our plan to tackle climate change. I want to emphasize the fact that this happened at our national convention; it was not some press release issued at 4:30 p.m. on a Friday. I was a journalist, and I have been in politics for 15 years, so I am well aware that when people send out press releases on Friday evenings or at the end of the day, it is because they do not really want anyone to talk about them. In this case, it was quite the opposite. We had 2,500 grassroots members from across the country, all of them gathered to hear the member for Carleton give his first speech since being elected as leader of the official opposition. In that speech, he laid the foundation for a future government that a whole lot of Canadians want, none more than us, of course.

Our leader laid out and explained the four pillars of our party's potential government action on the environment. First, we have to invest in new technologies, through tax incentives, to fight climate change and reduce greenhouse gas emissions. Investing in high tech through tax incentives is a pragmatic solution. The people whose plants or businesses generate greenhouse gases know the reasons why, and they, not Ottawa, are the ones who know how to lower their emissions. With tax incentives, they can take prompt, concrete action and achieve tangible results. The first pillar therefore consists of tax incentives that encourage investments in high-tech solutions for reducing pollution.

The second pillar of the Conservatives' action on climate change is to green-light green projects. We need green energy, hydroelectricity, solar energy, wind energy, geothermal energy and even nuclear energy now more than ever. None of them generate greenhouse gas emissions. These are the avenues that we need to explore, but we have to speed up the process. We need to green-light green projects. This bill aims to speed up the process and develop a game plan for collaboration between the provinces and the federal government. Instead of confrontation, we have to strive for collaboration. The second pillar is therefore to green-light green projects.

The third pillar is the Canadian advantage. Canada has so many natural resources and so many energy sources. Why go abroad for natural resources or energy when we have them right here at home? As long as we need so-called fossil fuels, we will always support Canadian energy and Canadian products because, yes, we do still need them.

The HEC, a Quebec institution, released its annual report about a month ago. What did it find? It found that the consumption of so-called fossil fuels has increased by 7% in Quebec. As long as it is needed, I would rather consume Canadian energy rather than the 48% of American energy that we currently consume. I have nothing against Texas or Louisiana, but the last time I checked, they were not contributing very much—in fact they were not giving one cent—to the principle of equalization.

Finally, the fourth pillar of our environmental action plan is to work hand in hand with first nations. When a project is carried out on ancestral land, we must make first nations communities our partners, rather than handing over a cheque and telling them to leave. On the contrary, we need to work together for the common good.

In short, this bill is about focusing on collaboration and pragmatic measures in order to make progress in the fight against climate change.

Impact Assessment ActPrivate Members' Business

March 18th, 2024 / 11:15 a.m.


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Winnipeg North Manitoba

Liberal

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

Mr. Speaker, what I see within the legislation is that those in the Conservative Party, in essence, are saying that they want, from a federal perspective, to open up any sort of development without ensuring that there is a process for protecting our environment, which would be off-loaded to provinces and would ultimately allow provinces to make the decision.

The question I have for the member is this: Would he not acknowledge that there is a role when we have these major projects that have an impact that go beyond a provincial boundary?

Impact Assessment ActPrivate Members' Business

March 18th, 2024 / 11:15 a.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, this is exactly why I will never be a Liberal. The Liberals think that Ottawa knows best, which is exactly what the member said earlier. He thinks that it is not enough to have the provinces do their job. Yes, the provinces will continue to do their job, but the federal government will do it too.

Instead of saying, “I'm from Ottawa and I know what is best for this or that project,” the government should work hand in hand with the provinces. This is the way to deal in this country. However, this is why we say this is a government with an arrogant attitude. It is saying, “Ottawa knows best”. We should be working together instead of working against each other.

Impact Assessment ActPrivate Members' Business

March 18th, 2024 / 11:15 a.m.


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Bloc

Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC

Mr. Speaker, this seems like a very useful bill. It gives precedence to measures that already exist in the provinces.

For example, if we look at Quebec, its environmental measures are stricter, I believe. There is no reason for the federal government to conduct an environmental impact assessment when the Government of Quebec has already rejected a project following its own environmental assessment. Take the GNL Québec project in Saguenay, for example.

I have a simple question for my colleague. The federal Impact Assessment Act already states that the Impact Assessment Agency of Canada can give a province or an indigenous leader the power to conduct part of the impact assessment. I am wondering what the difference is between what is being proposed and what already exists in the act.

Impact Assessment ActPrivate Members' Business

March 18th, 2024 / 11:20 a.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, just because something is set out in the act does not mean that the government enforces it. My Liberal colleague just demonstrated that. The Liberals do not trust the provinces, but we do.

What we want is to establish a mechanism so that, from now on, the federal and provincial governments must work together on every project.

The Bloc Québécois is wondering whether environmental assessments are effective. I must remind them that, when their leader was the environment minister for Quebec, he refused to conduct an environmental assessment for the most polluting project in Quebec's history, McInnis Cement. Now, the Bloc Québécois want to lecture us about the environment. I am sorry, but the leader of the Bloc Québécois will always be the Quebec environment minister who authorized the most polluting project in the history of Quebec.

Impact Assessment ActPrivate Members' Business

March 18th, 2024 / 11:20 a.m.


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NDP

Bonita Zarrillo NDP Port Moody—Coquitlam, BC

Mr. Speaker, the Cons are always on the side of oil giants who are making record profits. Why have the Cons always given space to big polluters, giving them a free ride and refusing to tax the corporate greed to help Canadians?

Impact Assessment ActPrivate Members' Business

March 18th, 2024 / 11:20 a.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, let me remind everybody that when we talk about the future of this country, we are talking about a climate change reality, but as long as we need fossil fuel energy, we will fight for Canadian energy. This is so simple. Maybe some people like to live in a dream world, but the reality is that we need that kind of energy today. As far as I am concerned, why would we support that in other countries? Why would we buy from and send billions of dollars outside of this country to people who are developing their industry, while we have everything here in this country? However, we have to work hand in hand with first nations, provinces and everybody to develop all the potential in energy and natural resources of this great country that is Canada.

Impact Assessment ActPrivate Members' Business

March 18th, 2024 / 11:20 a.m.


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NDP

Laurel Collins NDP Victoria, BC

Mr. Speaker, I am curious as to why, when providing amendments to the Impact Assessment Act, the member did not fix some of the problems, including ensuring that there is proper consultation with first nations.

Impact Assessment ActPrivate Members' Business

March 18th, 2024 / 11:20 a.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, I wish the hon. member would go back to see what our leader has said many, many times about making first nations our partners for each and every project. Our leader was crystal clear a year ago and repeated that just a month ago. He said that we have to work hand in hand with first nations and make them our partners for the prosperity of Canada.

The House resumed consideration of the motion that Bill C-375, An Act to amend the Impact Assessment Act (federal-provincial agreements), be read the second time and referred to a committee.

Impact Assessment ActPrivate Members' Business

March 18th, 2024 / 11:20 a.m.


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Winnipeg North Manitoba

Liberal

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

Mr. Speaker, it is a pleasure to rise to address what I believe is one area in which the Conservative Party of Canada is somewhat vulnerable, and that is the environment. I really believe that Conservatives, under the new leadership, are found wanting in coming up with ideas that are healthy for Canada's environment.

The legislation being proposed today reinforces other attitudes they have in general about the environment. Today, the Conservatives say a province is saying it can handle it with no problem at all, and the federal Conservative Party says it does not need to have any sort of federal involvement. That is, in essence, what the members opposite are proposing. It reminds me of this consistency of policy development that prevents the Conservatives from being concerned about Canada's environment.

We talk about the major projects that are under way and that are being proposed and considered. These projects will have profound impacts on our environment. There is a very clear possibility some of these megaprojects will go beyond any one provincial boundary. There is a need, I suggest, and the Supreme Court of Canada also suggested, for a federal government role in the process. Most Canadians would agree that the federal government should not get away from its important role when it comes to the environment.

When we think of industries having regulations, both at the federal and provincial levels, it enables a certain amount of security and predictability, which then allows for investment. There are so many investment opportunities. I was encouraged when the member opposite used the words “green developments”. He mentioned “green” quite a bit in his comments, and I applaud him on that.

There is the investment, for example, that Volkswagen has made in Canada, in co-operation with the Premier of Ontario and the Government of Canada, and thousands of green jobs that are going to be created as a direct result. Those jobs, in good part, are going to rely on mineral development as Canada is in the position of being a world leader in the development of batteries. Those batteries require rare minerals, and Canada not only has the opportunity to supply internally for potential demand and development of secondary industries that create more jobs for Canadians, but also has the capacity to supply the world in many different ways.

There are companies throughout the world looking at Canada as a place to invest, and investors are looking for regulatory certainty. When we talk about the IAA, we are really talking about recognizing that the federal government does have a role to play. The Supreme Court of Canada has made it very clear. We have indicated it will be under review. We can anticipate that amendments will be brought forward in a very progressive fashion. We are not going to do what the Conservative Party is suggesting through this legislation.

This is the type of legislation I have talked about in the past regarding the Conservative Party and its so-called hidden agenda. While this is very public, there is something within this legislation that Canadians need to be aware of. Once again, we are seeing the Conservative Party stepping back on the environment, and as a national government, we have the responsibility to ensure that there is the proper protection of our environment and that the IAA is the type of legislation that leads to regulations that protect our environment.

This can be done in a manner that is fully compliant with the Supreme Court of Canada, and that is why we are bringing forward these amendments. Unlike the Conservative Party, we recognize the need for co-operative federalism, which is ultimately what we have seen take place with the Liberal government from virtually day one with programs such as the CPP being put in place. We have also seen this with legislation brought forward by the government on environmental impact issues and with the dialogue that constantly takes place, most recently in regard to housing. These are some of the more high profile areas we have worked on.

An advantage Canada has, unlike virtually any other country in the world, is that we are fortunate to have all the minerals that we do. The government has a very important role in ensuring that we have laws and regulations in place at both the national and provincial levels to protect our environment. We also have a responsibility to ensure that indigenous peoples of Canada are not only consulted but also worked with when it comes to protecting our environment well into the future.

I recall when we brought in legislation and tried to improve the process, and the Conservatives were being very difficult, for example, when it came to dealing with bills like Bill C-69. This is because having regulatory uncertainty during Stephen Harper's 10 years did nothing when it came to expanding, for example, pipelines to our coastal tidewaters. Looking at the uncertainties that were caused, I would suggest that administration was not successful.

That is unlike our administration, which has created much greater certainty when it comes to environmental impact assessment studies.

Impact Assessment ActPrivate Members' Business

March 18th, 2024 / 11:30 a.m.


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Conservative

John Barlow Conservative Foothills, AB

How many pipelines to tidewaters have been built?

Impact Assessment ActPrivate Members' Business

March 18th, 2024 / 11:30 a.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, to answer the question, I can tell the member there are more pipelines to coastal waters than there were with Stephen Harper.

Impact Assessment ActPrivate Members' Business

March 18th, 2024 / 11:30 a.m.


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Conservative

John Barlow Conservative Foothills, AB

There are zero.

Impact Assessment ActPrivate Members' Business

March 18th, 2024 / 11:30 a.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

No, you're reflecting on Harper. With Harper, it can be measured by inches. For—