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

[The Deputy Speaker, Chris d'Entremont]

That is not a point of order, but it is a good point, nonetheless.

The hon. member for Cloverdale—Langley City.

[John Aldag, Liberal, Cloverdale—Langley City, BC]

Mr. Speaker, I would simply offer that, if we are going to have these inflammatory questions, we should be able to address them. That is what I am doing. I am saying that climate change is real. It is happening, and there is a cost to the inaction of not dealing with it.

Bill C-49 clearly addresses that. British Columbians have had a price on carbon in my province since 2008, and it is one of the mechanisms to help reduce the impacts of consumer behaviours. The point is simply that we need to take action. Clean energy is important, and Bill C-49 will get us there.

[Christine Normandin, Bloc, Saint-Jean, QC]

Mr. Speaker, there is indeed a cost associated with inaction. I get the impression that certain things have been included in this bill simply to make us believe that they really want to tackle climate change. For example, the bill provides for the withdrawal of petroleum exploration licences.

However, seeing that the government is allowing petroleum production to double in northern Newfoundland, does my colleague get the impression that the government could one day use what is in the bill to prevent potential projects from moving forward?

Then again, does he think that it is just there to make this bill easier to swallow, given the potential effect it will have on climate change?

[John Aldag, Liberal, Cloverdale—Langley City, BC]

Mr. Speaker, Bill C-49 is a clear demonstration of our government's commitment to that transition to clean energy. We will have, for the short term, continued extraction of carbon-based fuels in our country. Bill C-49 would be a very important way of enabling the offshore energy boards to bring in clean energy, such as wind. I talked in my speech about how important this is for sustainable jobs and the economy, and to help us tap into what is needed in the world right now to decarbonize our economy.

I do not necessarily agree with my colleague's premise, but I think this is an important step in making sure that clean energy is available in Newfoundland and Labrador and Nova Scotia for clean energy projects.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, since 2019, we have seen net profits of the oil and gas sector go up by over 1,000% and the refining sector by 40%, and we know the product they make is directly contributing to climate change, causing billions of dollars in damage and great harm to our agricultural sector. The Conservatives want us to believe a magical fairytale that it is somehow the carbon tax's fault.

Would my hon. friend agree that this is a fundamentally unserious party when it comes to dealing with the causes of climate change and inflation? It is about time they got off their unicorn and started being level with Canadians.

[John Aldag, Liberal, Cloverdale—Langley City, BC]

Mr. Speaker, my hon. colleague from British Columbia asked an excellent question. I could not have said it any better myself. I think we need all parties to come together in the House to work on advancing clean energy and the transition to decarbonize our economy.

Bill C-49 is a clear demonstration of the east coast's commitment to that transition. The provinces, Newfoundland and Labrador and Nova Scotia, are clearly asking for this. It is up to the House to provide this enabling legislation so provincial legislation can follow, and projects that are already being studied can get developed. It is a very important piece of legislation. I ask all parties to come together quickly to get this legislation through the House.

[Clifford Small, Conservative, Coast of Bays—Central—Notre Dame, NL]

Mr. Speaker, as with most Liberal legislation, when it comes to Bill C-49, an act that would amend the Atlantic accord, the devil is always in the details. This bill is a framework for the development of offshore wind energy in Atlantic Canada, and it is necessary, but it needs to be done right.

In my speech today, I will address concerns brought to me by the fishing industry, in my role as shadow minister for Fisheries and Oceans, and by representatives and stakeholders in the oil and gas industry. As I am the only MP from Newfoundland and Labrador who has the freedom to address the shortcomings of Bill C-49, stakeholders from these industries have put their faith in me to address their concerns on the floor of the House.

I will start with what I have heard from representatives of seven fish harvester organizations, which are mainly in Nova Scotia and Newfoundland and Labrador, as well as throughout Atlantic Canada. The main concern raised by stakeholders is the lack of detail on the consultation process required with their industry.

Most in the industry, including those who sat in on an information session on September 12 by the committee for the regional assessment of offshore wind development in Newfoundland and Labrador, are concerned about the process. Lobster fishermen I met with in Nova Scotia are concerned with how offshore wind energy will impact their ability to fish.

The Liberal government, which is heavily influenced by hard-core environmentalists who often proclaim themselves to be stakeholders, does not have a good track record when it comes to setting aside areas where fishing activity is no longer permitted or where new restrictions are put in place.

The fishing industry is not against development of offshore wind energy. However, from its point of view, Bill C-49 pays lip service to consultations.

Bill C-49—Notice of Time Allocation Motion

[Steven Guilbeault, Liberal, Minister of Environment and Climate Change]

Mr. Speaker, an agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the second reading stage of 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.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

The House resumed from October 6 consideration of the motion that 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, be read the second time and referred to a committee.

Canada—Newfoundland and Labrador Atlantic Accord Implementation Act

[Clifford Small, Conservative, Coast of Bays—Central—Notre Dame, NL]

Mr. Speaker, as I mentioned in my opening remarks a couple of days ago, Bill C-49, an act to amend the Atlantic accord, desperately needs amendments. As with all Liberal legislation, the devil is in the details, or, in this case, the lack thereof.

Bill C-49, as it stands, would end all future expansion of the Newfoundland and Labrador offshore oil and gas industry. In addition, the entire fishing industry in Atlantic Canada is fearful of the mass installation of wind turbines on its fishing grounds.

The fishing industry is not against the development of offshore wind energy; however, Bill C-49 pays lip service to consultations, from its point of view. That industry has a history of a lack of meaningful consultation with the Liberal government, especially when it comes to the setting up of marine protected areas, otherwise known as MPAs. MPAs have been arbitrarily created, oftentimes on prime fishing grounds, even though objections have been raised by fishermen. Their concerns are never taken into account, but the Liberal government goes ahead and forces fishers off their lucrative fishing grounds, endangering their livelihoods.

Why am I talking so much about fishermen and their experience with MPAs? It is because they fear that the exact same thing will happen in the designation and development of offshore wind farms. Bill C-49 is far too inadequate in relieving those fears. The process of consultation, negotiation and, in some cases, compensation needs to be clearly defined in this legislation. Fishermen are sick and tired of attacks by the Liberal government on their livelihoods, and they tell me that it is time for them to have an effective seat at the table. The bill before us needs to address this.

The fishing industry is not the only industry concerned with the arbitrary implementation of MPAs. The oil and gas industry has similar concerns. Bill C-49 would effectively kill all offshore oil and gas exploration and development in the future in Newfoundland and Labrador and Nova Scotia. Any significant petroleum discovery or renewable energy project not yet developed would be governed by amendments to the Atlantic accord.

I see my hon. colleague, the member for Avalon, looking across at me. I am sure he has read the bill inside and out. However, I will read from the summary of the bill. It says:

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

That is an area that may be identified as an MPA. Also, item (h) would give out the power to decide whether or not to compensate for the cancellation of such projects.

We all know that the Liberal government and its extreme environmental restraints have one goal in mind when it comes to Newfoundland and Labrador's offshore oil and gas industry, and that is to shut it down. The stakeholders I have talked to say that Bill C-49 puts the long-held fears of their industry on paper in black and white.

The Liberal government destroyed the Bay du Nord project by delaying approval after the longest environmental assessment in Canadian history. It used Bill C-69 as its tool to do that, and it can still do that in the future because that part of the bill was not destroyed by the court, unfortunately. Bill C-49 would be another tool in the anti-oil tool box, and Liberal MPs from Atlantic Canada, especially those from Newfoundland and Labrador, should be ashamed to support the bill as it stands.

What oil and gas company would want to spend hundreds of millions of dollars to explore the offshore in Atlantic Canada and have a significant find, only to be told that it cannot develop because the area may become a future MPA? The answer is none. This bill would drive much-needed investment dollars out of our offshore, which is already protected by the most stringent environmental regulations in the world, and would send that investment into jurisdictions with not only a poor environmental record but also a poor human rights record.

I cannot, as the lone supporter of Newfoundland and Labrador's oil and gas industry in the House of Commons, vote for a bill aimed at killing that industry. Liberal MPs from Atlantic Canada should feel the same way, but they do not. They tell me that I need to vote with them to support this bill for the good of my province. I ask if they are cracked. How can a bill that has the potential to kill all new oil and gas production off our shores be good for my province? This bill was created to wedge Conservatives in Atlantic Canada, and our propaganda machine, the CBC, even said it itself.

The member for St. John's South—Mount Pearl said that the Conservatives should not be meddling in the Atlantic accord, that we should support their amendments. If he is in this place, where he should be, he can get on his feet when I am done speaking and explain how members on my side of the House are meddling in the Atlantic accord when it is his party, under his ineffective guidance, that brought these amendments forward. How can Conservatives be meddling when we did not bring these amendments forward?

Then there is the Liberal member from Nova Scotia, whom I chatted with not that long ago. He said that consulting with non-indigenous fishermen was looking for trouble. It is unbelievable. If he wants to stand and clarify what he said when I am finished, he can do so as well. The fishing industry is all ears.

Trying to use this Liberal legislation to wedge Conservatives, the only party in this House that supports the oil and gas industry in Canada, is just a distraction. It is a distraction from the eight-year record of the current NDP-Liberal government, which sees Canadians reeling from the effects of the carbon tax on everything they buy and from food bank usage at the highest rate in 42 years. However, we will not be distracted. Not only do we support the oil and gas industry, but we support the mining industry.

Guess what else supports the mining industry. It is the wind power industry. To produce a single gigawatt of wind power, it takes 44 million pounds of copper, 150,000 tonnes of steel, 24,000 tonnes of iron, 1,000 tonnes of aluminum, 700,000 tonnes of concrete and a whopping 12,000 tonnes of fibreglass. That is what is required to produce one gigawatt. Where does fibreglass come from? It will not come from oil produced on the Grand Banks if the Liberals have their way; I can say that.

[Kody Blois, Liberal, Kings—Hants, NS]

Madam Speaker, it was quite remarkable to sit in this place for that, and it is fortunate for the member opposite that we are protected by parliamentary privilege because of the level of misinformation that his speech contained and the level of fearmongering. This is the government that approved Bay du Nord and this is the government that supports energy in Newfoundland and Labrador and indeed across Atlantic Canada.

The member talks about his stakeholders. Is Energy NL against this? I do not think so. Is the Premier of Newfoundland and Labrador against this? I do not think so. Are the proponents of the projects being contemplated in Atlantic Canada against this? Absolutely not. Is the Premier of Nova Scotia?

Who is he talking to? He is not talking to everyday Newfoundlanders and Labradorians, who want to see this. Clip this to the voice of the common people and let him tell them why he is against progress in Atlantic Canada. It is simply astonishing. I cannot believe it sitting here in this place.

[Some hon. members]

Oh, oh!

[The Assistant Deputy Speaker, Carol Hughes]

I hear voices on both sides other than those of the hon. members I have recognized, and I would ask members to please wait until it is their time and they are recognized.

The hon. member for Coast of Bays—Central—Notre Dame.

[Clifford Small, Conservative, Coast of Bays—Central—Notre Dame, NL]

Madam Speaker, I challenge the member for Kings—Hants. He knows that what I said earlier today when debating closure on this bill was that there are real deficiencies in it. He heard me read proposed section 56, and he even complimented me on studying the bill and knowing what is in it.

I sat next to a former political figure in Newfoundland and Labrador, who all members have lots of respect for today. I showed him that and he was shocked. Many are shocked in the oil and gas industry. I have spoken to many fishing organizations from Nova Scotia that are now banding together to make sure they are adequately consulted and not steamrolled in this process, as they were when MPAs were thrown on their fishing grounds.

[An hon. member]

Table them.