Bill C-49

An Act to amend the Canada—Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to other Acts

This enactment amends the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act to, among other things,
(a) change their titles to the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act and the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act , respectively;
(b) change the names of the Canada–Newfoundland and Labrador Offshore Petroleum Board and the Canada-Nova Scotia Offshore Petroleum Board to the Canada–Newfoundland and Labrador Offshore Energy Regulator and the Canada–Nova Scotia Offshore Energy Regulator, respectively (“the Regulators”);
(c) establish the Regulators as the regulating bodies for offshore renewable energy projects;
(d) establish a land tenure regime for the issuance of submerged land licences to carry out offshore renewable energy projects, as well as the revenues regime associated with those licences and projects;
(e) establish a ministerial decision-making process respecting the issuance of submerged land licences and the Regulators’ exercise of certain powers or performance of certain duties;
(f) expand the application of the safety and environmental protection regime and its enforcement powers to include offshore renewable energy projects;
(g) provide that the Governor in Council may make regulations to prohibit the commencement or continuation of petroleum resource or renewable energy activities, or the issuance of interests, in respect of any portion of the offshore area that is located in an area that has been or may be identified as an area for environmental or wildlife conservation or protection;
(h) authorize negotiations for the surrender of an interest, the cancellation of an interest if negotiations fail and the granting of compensation to an interest owner for the surrender or cancellation;
(i) establish the regulatory and liability regime for abandoned facilities relating to petroleum-related works or activities or offshore renewable energy projects;
(j) expand the application of the occupational health and safety regime to offshore renewable energy projects;
(k) allow the federal or provincial governments to unilaterally fund certain expenses incurred by the Regulators as a result of specific requests made by that government;
(l) allow new methods to demonstrate the existence of significant hydrocarbon accumulations in a geological feature and limit the duration of future significant discovery licences to 25 years;
(m) provide that the Governor in Council may make regulations to regulate access to offshore infrastructure, including to enforce tolls and tariffs;
(n) establish a new transboundary hydrocarbon management regime to regulate fields or pools that straddle domestic and international administrative boundaries, enabling the implementation of the Canada-France transboundary fields agreement;
(o) remove references to the former Canadian Environmental Assessment Act, 2012 and, to align with the Impact Assessment Act , clarify the role of the Federal and Provincial Ministers and Regulators with respect to the conduct of impact assessments of designated projects as well as regional and strategic assessments; and
(p) specify that the Crown may rely on the Regulators for the purposes of consulting with the Indigenous peoples of Canada and that the Regulators may accommodate adverse impacts to existing Aboriginal and treaty rights recognized and affirmed by section 35 of the Constitution Act, 1982 .
Finally, it makes consequential and terminological amendments to other Acts.

Canada-Newfoundland and Labrador Atlantic Accord Implementation Act

[Luc Thériault, Bloc, Montcalm, QC]

Madam Speaker, at first glance, Bill C‑49 does not seem to do away with the annual process for the auction and sale of exploratory drilling permits.

Why then was the word “petroleum” removed from the names of the two boards if their mission still involves offshore oil and gas development? Is this more smoke and mirrors from the Liberals when it comes to the environment?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, I suspect that if we saw the legislation pass into committee, the member would be afforded all sorts of opportunities to get some of the specifics answered at the committee stage. If there are some issues opposition members would like to see amended in some fashion, that would provide an excellent opportunity to do so. I am not familiar with the specifics of the question that was posed.

[Don Davies, NDP, Vancouver Kingsway, BC]

Madam Speaker, the provincial Conservative government in Nova Scotia is moving aggressively to establish a significant footprint in power supply from offshore wind. Clearly, it sees the benefits of tapping into the enormous potential of renewable energy. As New Democrats, we see there is enormous potential for a thriving offshore renewable energy industry in Atlantic Canada. We need to seize this potential, while making sure it is done right.

Will the government guarantee that benefits from offshore wind projects will flow directly to local workers and that local fishing communities will be supported?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, I would ultimately argue that there are many winners in the passage of this legislation and will conclude my comments by saying that we have to remember there has to be mirror legislation from provincial jurisdictions in order to enact into law the regulatory bodies.

For example, if we can somehow get this thing passed before the end of the year, we still have to have provinces bring it into their jurisdiction potentially, which can also take time. That is why, in good part, it would be nice to get a commitment from the official opposition that they would like to see this legislation pass before the end of the year.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, Tip O'Neill once said all politics is local, but in the case of Newfoundland and Labrador and the climate crisis, it is rather the crucible of events. We have the extreme traumatic event of hurricane Fiona that impacted Newfoundland and Labrador so strongly. People from that province now take a different view about the climate crisis; it is personal.

This is a really exciting opportunity. Onshore wind in Newfoundland and Labrador may lead to green hydrogen. Offshore could be huge. However, the federal cabinet thinks it has to have a sop for Newfoundland and Labrador so it approved the Norwegian Crown corporation Equinor with Bay du Nord, which is an abomination in the face of the climate crisis.

Can the hon. member suggest that we perhaps could get policy coherence from the government, say no to Bay du Nord and move more rapidly on onshore and offshore wind?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, Canada has some very aggressive climate targets that we want to be able to achieve. We passed legislation not that long ago regarding that, and this legislation ultimately will help Canada address those targets. What we have found over the years, with all the disasters that have taken place, is even more and more Canadians are looking to governments to show leadership on the issue of climate.

[Damien Kurek, Conservative, Battle River—Crowfoot, AB]

Madam Speaker, as always, it is an honour to be able to enter into debate in this place about the important issues facing Canadians, and to be back after a summer break. I am sure I am not alone, but I would like to take a moment to specifically talk about the fact I had the opportunity to travel across Battle River—Crowfoot and the more than 60 municipalities I have the honour of representing; over 53,000 square kilometres of beautiful east country Alberta real estate.

Although I make it home every weekend, it is always good to spend a little more focused time chatting with those good common-sense thinking Canadians who make up those communities across east central Alberta. I can tell the House that what I heard from so many of them emphasizes exactly what I am going to talk about regarding this bill. It comes back to the basic foundation of trust.

One needs to be able to trust, whether it is a bill like we see before us in Bill C-49, whether it is the words of a Prime Minister or whether it is the actions of a cabinet behind closed doors and the cabinet confidences associated with that and the whole range of other elements that make up our institutions within this country. From the thousands of kilometres I drove across east central Alberta, communities where there is no such thing as public transit, from small hamlets to the small city of Camrose, I know these folks are ready for somebody they can trust. Definitively, I can say they do not trust these Liberals. They do not trust their agenda. They do not trust what they say. The unfortunate reality is that history proves that point.

I bring it back now specifically to Bill C-49. We are talking about, in broad strokes, a bill that brings forward a whole host of changes that have the intent, and I use the word “intent” specifically, to provide that framework to allow for renewable development in two of Canada's Atlantic provinces.

I heard the previous speaker, who I do not think actually spent much time listening to some of the concerns Conservatives brought forward over the course of this debate. It is a laudable goal. What is unfortunate is the Liberals, the NDP and I think the Bloc as well are so blinded by the politics of these energy issues that they refuse to acknowledge the reality that exists. I am proud to represent a constituency that is, and I am not sure it is the most but certainly one of the most, bullish on renewable development. There are wind farms being built.

I also am proud to be involved in my family farm. I could go on a lot about some of the complaints I heard from farmers, but I will save that for another day. What is interesting is about the vehicles driving by. In fact, we had to time some of the moving from one field to another and moving large equipment on the roads because of the shift change that was being dealt with at some of these renewable developments.

People in Alberta get energy. We get oil and gas and we get renewables. We get the whole spectrum of it, but the unfortunate reality is the government does not.

I brought forward the issue of trust. I heard about it constantly over the course of the summer. The reason that is so key when it comes to the debate surrounding Bill C-49 is because the government is saying it wants to accomplish all of these things. It is saying it wants to model these regulations and have these objectives, but by the way, it is allowed to interfere in the process, so to just trust it. It is going to model it after the Impact Assessment Act, Bill C-69, so it is saying to just trust it on that.

They have dealt with the consultation of the provinces, and I heard many times from members of the Liberal Party that we should support this because there is provincial support. I acknowledge this fully. I am glad there was that consultation that took place and I am glad they were able to come to some sort of consensus.

However, what I find absolutely tragic is that we cannot trust what the Liberals say because, time and time again, when it fits their political narrative, they will throw their provincial partners under the bus. Bill C-69 is referenced in the context of this bill. All 10 provinces in this country wanted that repealed, so how dare the government stand up and righteously say that provinces support the bill? There are not many issues that all 10 provinces of this country will agree upon unanimously, but the Prime Minister accomplished it with the opposition to one of the most absurd pieces of legislation to cross the floor of this place. Forgive me if I come back to the basic premise that we simply cannot trust the Liberals.

When it comes to many of the details of this bill, we look at how it could add red tape. Liberals say that it is okay because they will create a framework and it will be dealt with in regulations. The unfortunate reality is that, when those words are uttered by Liberals, it effectively means that they will accomplish nothing.

I will sum up the energy situation in our country after eight years of a Prime Minister who is absolutely clueless on energy. If I could sum up the conversation of those eight years, I would sum it up in two words: missed opportunity. Why is that? We have seen the untold cost of these additional delays, the red tape, the impacts of Bill C-69, the carbon tax and the fact that the Liberals seem to care more about piling things on their desks than actually dealing with these problems. Hundreds of billions of dollars of investment are gone. That is a missed opportunity, and I will say why it is so significant and why I highlight it here.

We talk often about the fiscal situation of the country, the debt and the deficit. I know provinces talk a lot about investing in schools and hospitals. Municipalities will talk about paving roads and water infrastructure, the whole deal. However, when it comes down to it, the missed opportunity here is the hundreds of billions of dollars that did not get invested in our economy. That means fewer schools, fewer hospitals, fewer paved roads. That means fewer resources to invest in the benefits that the Liberals talk so much about. It is a missed opportunity.

There are the situations around wind, solar, battery production, minerals and resources. These are all very real issues. Once again, I would sum up the last eight years as a missed opportunity. The American president came to this very House and said he wanted to partner, but why would any company invest in a country that it cannot trust would ever be able to build a mine? Once again, I ask the question about trust. There is a whole host of questions on whether the Liberals can be trusted, and their history shows otherwise.

When it comes to the development of renewables, a tidal project got cancelled because the government cannot be trusted when it comes to dealing with the economy. Specifically, that project was cancelled because of cost overruns. Again, we come down to a very fundamental premise: Can we trust that Bill C-49 would build renewable energy projects in Atlantic Canada? The Liberals' history makes that very question one that we cannot answer. The Liberals stand and say a lot of things about that, but the reality speaks otherwise. We need to make sure that we are pragmatic in the way we approach energy issues. There is one way that I think we should be able and willing to do that.

I often hear from my NDP colleagues, and there are only two here from Alberta. They seem quite quick to diminish our oil and gas sector. Sometimes when I listen to them speak in this place, I wonder if they have forgotten that they ran for federal office and not provincial office. I certainly hear quite often from my constituents after they have listened to either question period or some of the debates, and they ask that very question.

We need to be pragmatic and realistic about energy. We need to ensure that, when we are talking about solutions, we understand the impacts that exist. I know there has been a whole host of conversations about renewable projects in Alberta. I did talk about how there are those investments being made, and I know there are other investments.

I had the opportunity for a couple of years, and it was truly an honour and a privilege, to work with former Saskatchewan premier Brad Wall. He was proud to be leading at a time when Alberta had fallen into a deep socialist chasm where it had a government that was so clueless that it tried to tell farmers that, if they set foot outside their front door, they might be subject to the rules and regulations put forward by a bureaucrat in the province's capital. Can members believe that? It was a dark time for the province of Alberta and one that I am very thankful the people of Alberta resoundingly rejected only a number of months ago.

However, when it comes to the energy reality we have to face, costs are up. On that subject I hear two things, and quite often they are disconnected. We hear Liberals talk about wanting to address things such as the cost of living crisis, but they also want to increase costs.

Let us look at the former of those two. The Liberals want to address the cost of living crisis, often in the form of government payments. There was support, and I believe it was unanimous support, to increase the GST rebate, which the Liberals renamed the “grocery rebate”. I am not sure the Prime Minister should be bragging that his economic management has led us to so many Canadians not being able to afford groceries without the help of the government. That is a whole other conversation, though.

The cost of living crisis is real. I was replying to some constituents' emails today, and seniors are talking about how they cannot afford energy. They just got a power bill, and they are scared about their upcoming gas bill, not to mention the fact that winter is coming. That is part of it, but let us look at why. Let us have a realistic, pragmatic look at why that is the case.

Part of the reality is a carbon tax. The Liberals do not like it when we bring this up to bridge the connection I am about to make because the reality is that they want costs to go up. The carbon tax, by its very design, is made to increase costs, yet we have the government talking about how one has to address affordability. Can members believe that? The Liberals are intentionally making costs rise, yet they talk a whole host about affordability. That is part one.

Now here is the latter of the two points I made, and it is related to the environment. Let us be real here. The carbon tax and the Liberals' environmental plan are not accomplishing the objectives that they set out to, nor are they truly even an environmental plan. The Liberals talk often about needing to address climate challenges, yet they have failed to do so every step of the way. It is terribly ironic how they laud an increase in costs, yet they are not accomplishing anything. They are subjecting Canadians to so much pain, yet there is no gain. I said that we needed to be real here, and it is that lived reality that so many Canadians are facing.

When it comes to the realistic nature, we need to be a country that can say yes to development. Processes and structures have to be in place to ensure we respect the environment and to ensure human rights. Alberta specifically, but our nation generally, is a leader in this. I applaud my provincial counterparts in Newfoundland.

I spent close to a decade batching wells and throwing pigs. That may be a strange reference to many in the House, but basically that is doing environmental work in the oil patch. If members have questions about that, I would be happy to talk to them about what batching wells and throwing pigs is all about.

The lived reality of what Alberta is, and the unprecedented prosperity in the western world, quite frankly, that we have seen, is an example for so many. I applaud Newfoundland and Labrador. They are visionaries in being able to continue to use their resources, to look at the opportunities that exist and be a leader.

I believe the press conference was in Newfoundland. I may stand corrected on that. When the German chancellor came to Canada with a metaphorical cheque in hand, saying they want our LNG, what did our illustrious Prime Minister say? He said, “Sorry, there is no market for it.” What he forgot to add is that was because he had closed down the market. It is that reality that exists.

I have had conversations with constituents. One constituent called me a number of weeks ago. I want to bring this up because I think it is an interesting idea. Often what happens is that the thinking that takes place in Ottawa, our nation's capital, and sometimes even in corporate headquarters and whatnot, is a little blinded to the reality that exists. Let me throw a couple of things out there.

For those who have seen wind development, they are impressive machines. They are absolutely massive. For those who have seen them moved on trains and trucks, I would note the resources that are required to move them. They are massive machines. I had a constituent bring up an interesting point the other day. They asked, “Why not put solar panels on a windmill?” Why not? Maybe there is something that could be practical about that.

I had another constituent who was frustrated because a solar project was being built without adequate consultation. I am paraphrasing, but he basically shared how frustrated he was that 160 acres, a quarter section, was going to be gravelled over and have solar panels built on it. A quarter section of land was going to be gravelled over, productive ranch land. This constituent brought up to me something that was really interesting. He asked, “Why do they not build the panels an extra three feet tall, and then at least goats or sheep could be run on the land?”

The reason I wanted to bring those things up is that, so often, in what is being discussed in this place, we lose sight of what matters to Canadians. We lose sight of regular folks going about their business, the individuals who are hard at work. They are those who are working in the oil patch, those who are building the wind turbines, those who are driving the trucks and those farmers who are currently, in many places, in the field, including my father. I will say hello to my dad, and I think my wife was in the grain cart today, so I will say hello, sweetheart.

So often, we forget the reason why all of us are here is not for some ideological objective. It is not for some nuanced, political whatever. We are here because of the people. Let us make sure we work for the people. When I spoke to many people across my constituency this summer, they said that they could not trust the Liberals. I stand here today in this place and say history proves that right.

Therefore, we need to work at bringing back trust to our institutions. When it comes to making sure there is energy development in this country, let us get it right, because whether it is traditional energy or new energy, Canadians deserve better than what they have been getting from the Liberals.

[Michael Coteau, Liberal, Don Valley East, ON]

Madam Speaker, the member said something about making sure that when we are in this House, we should not lose sight of what is important to people. In my community of Don Valley East, as in many communities across this country, climate change is real. People are feeling the impact of climate change. I just did a survey. It was among the top three issues, so I know it matters to people in my neighbourhood.

As to my question for the member opposite, he talked a lot about the environment and keeping our environment healthy and clean with renewables. I would like to know if the member believes in climate change. I know his party, at its previous convention, voted against accepting climate change as real. I would like to know from the member if he and his party actually believe in climate change.

[Damien Kurek, Conservative, Battle River—Crowfoot, AB]

Madam Speaker, do members know how rich it is for a Liberal MP to ask a farmer whether he believes that climate change is real? I can tell him that for more than five generations my family has not only dealt with the realities of climate, but has understood it better, I would submit, than the vast majority of members on that side of the House, who try to politicize and dictate to Canadians.

The member specifically said that climate change and the concerns associated with that issue were among the top three concerns raised by his constituents. I am sure it was, so let us have a plan that actually addresses it. What he conveniently forgot to mention in the question was that affordability and housing were probably the first two.

[Heather McPherson, NDP, Edmonton Strathcona, AB]

Madam Speaker, it is my first time standing in the House this session, so I just want to welcome you back and welcome all of my colleagues back.

My colleague's speech was entertaining. I have to say that he spoke more about goats than he did about climate change, so I have a bit of concern about the priorities there.

He did talk about reducing red tape and about costly delays, and he did talk about missed opportunities. A large part of his conversation today was about missed opportunities, so he will not be surprised that I am going to ask some questions about missed opportunities in our province, in the province of Alberta, where the leader has stopped renewable projects. We have a Conservative leader who has stopped renewable projects in the province, costing $33 billion and thousands and thousands of Alberta jobs.

The member can talk about how the trucks got in the way for him, but realistically, if he wants to talk about missed opportunities, that has to be one of the biggest missed opportunities in this country. I would like to hear his thoughts on that.

[Damien Kurek, Conservative, Battle River—Crowfoot, AB]

Madam Speaker, it is interesting that the member would so selectively listen to what I said. Here is the reality. If the member understood the pragmatic realities that energy is facing, she would understand that the point I was making about goats, which bears specific emphasis, is that they are blinded by ideology and refuse to recognize practical reality. It is why her party and its sibling party, or whatever they would call it, their officially connected Alberta party, were so resoundingly rejected in the last election.

When it comes to the issue of where Alberta stands on renewable development, here is the reality. We have the most renewable development in this country. We are proud of that and there will be more. What we also need to ensure is that there is a firm regulatory framework to allow that to happen. We have done it with oil and gas and we will do it with renewable energy. The fact that her party is so blinded by politics speaks to why it was rejected in the last Alberta election.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, I am so happy to see my friend from Battle River—Crowfoot. I am going to hone in on something he said in his speech about transportation needs, because it is critical.

Because of having a stroke, I could not take a plane to Ottawa, and as I needed to pursue foreign interference, I took the train. I thought of him while crossing the trestle bridge over Battle River. I thought, “I know who the member of Parliament for Battle River—Crowfoot is.” I want to let him know exactly how often one can get public transit from Vancouver to Kamloops. It is a shockingly poor two times a week that someone can get Via Rail out of Vancouver to get to Kamloops and Edmonton.

By the way, we took the train back and we were stopped. Edmonton was as far west as we could go because Via Rail cancelled the train due to the fires, so we rented a U-Haul truck out of Edmonton and drove to Kamloops. It is a long story, but would the hon. member join our passenger rail caucus so we can do everything we can to boost accessibility, for particularly low-income Canadians, to reliable public transit in rural and remote areas because all of the buses packed up and left? Any comments would be welcome.

[Damien Kurek, Conservative, Battle River—Crowfoot, AB]

Madam Speaker, I appreciate the question because it highlights that we need to ensure that we provide opportunity in our country, and that includes for rail development. I have in my constituency one of those Via Rail stations, in the community of Wainwright, and it is unfortunate that there has been reduced service. Although the Liberals brag a lot about investing in transportation, it certainly has not come to Battle River—Crowfoot, nor has it been seen in the Via train situation.

We have to acknowledge that we must provide opportunity on all fronts, even if that is passenger rail service. I know the province of Alberta has been leading the country by ensuring that it is opening the door to say that there is potential to have high-speed passenger rail service from major urban area to major urban area. I think the rest of the country could learn from that. In addition to passenger rail, I am proud to have communities that are actively working to ensure that we increase rail capacity, period, because more rail capacity in our country is good for the economy and it is good for industry. Ultimately, if we can get passenger trains on that rail, it is good for passengers as well.

[Marty Morantz, Conservative, Charleswood—St. James—Assiniboia—Headingley, MB]

Madam Speaker, the Liberal-NDP coalition claims it cares about climate change and renewable energy, yet it had its Ottawa gatekeeper bureaucrats cancel a viable tidal wave energy project in Nova Scotia just this year. That company lost close to $40 million.

Why would any company want to invest in renewable energy in Canada when it sees this kind of thing?

[Damien Kurek, Conservative, Battle River—Crowfoot, AB]

Madam Speaker, that is a good and valid question, because the member is right. When it comes to the idea of capital, it goes to markets where it can see a predictable return on investment. Talking about economic terms like that probably flies over the heads of many of the left-leaning members in this place. The reality is that the Liberals have created more boundaries, roadblocks and reasons as to why so few are deciding to invest in Canada on many fronts. Energy is a big part of that, whether it is renewable or traditional.

We need to be a country that says “yes” again, that allows mines to be dug to get rare earth minerals and that allows windmills and solar farms to be built. In addition to those things, we have to be willing to say “yes” to oil and gas and we have to be willing to say “yes” to major infrastructure. However, the sad reality is that—