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

[Ken McDonald, Liberal, Avalon, NL]

Mr. Speaker, the hon. member opposite mentioned that the committee would have liked to fly to Newfoundland to meet with the people at the energy boards and whatnot.

Could he please inform the House what that plane burns to get Newfoundland?

[Mario Simard, Bloc, Jonquière, QC]

Mr. Speaker, I do not know how many litres of fuel it takes to get to Newfoundland and Labrador. The committee did not make it there. If the aim was to have consultations, perhaps they should have made it there.

However, I can say that I have to drive for six hours every time I travel from Saguenay to Ottawa, and I do it in an electric car. I invite my colleague to do the same when he goes back home.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I would like to get some clarification from the member if I can. What the member was actually telling me in his answer was that there are conditions where Ottawa, or a political party in Ottawa, can be in opposition to what a province wants. Therefore, even though Newfoundland and Labrador and the Province of Nova Scotia want this legislation passed, because of the policy of the Bloc, its members believe that it is not in Canada's best interests to see it passed.

Would that same principle apply for all provinces?

[Mario Simard, Bloc, Jonquière, QC]

Mr. Speaker, what I am saying is that the federal government is using this bill as environmental window dressing. The bill has nothing to do with the energy transition. The federal government could have been honest in its presentation of the bill, clearly indicating that what it wanted was continuity in the offshore energy sector. In this case, continuity refers to oil and gas projects.

Nowhere in the bill does it say that there will be no more new projects. We tried to make the federal government aware of the situation and encourage it, like Quebec, to say that there would be no more oil and gas development. That is what I am trying to explain to the parliamentary secretary. The federal government could have done that, since offshore activities fall under its jurisdiction.

However, the federal government is not as squeamish when it comes to the issue of caribou in Quebec. The Minister of Natural Resources has a lot to say about that. He knows very well that the delicate issue of the woodland caribou should be resolved in Quebec and that it could be a disaster for large numbers of small communities whose economies rely on the forestry industry. I would like him to be more conciliatory when it comes to the issue of caribou.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Mr. Speaker, I would like to begin by paying tribute to the member for Timmins—James Bay for all the work he has put into Bill C‑49. He pushed hard for a transition to clean energy. I think that his work should be recognized by the House.

We support Bill C‑49 because we finally see the Liberals taking the first small steps toward clean energy. Anyone who travels outside Canada can see how other countries around the world are investing in clean energy. They see that things are beginning to change in Asia. They see things are beginning to change in Africa. All anyone has to do is fly over Europe and the North Sea to see all of the wind power projects making a huge difference.

I visited the island of Samsoe in Denmark. The government of Denmark is making the necessary investments in clean energy. The island of Samsoe has converted all of its heating and electricity, and has almost finished converting its transportation system. Everything works on clean energy.

In the United States, with President Joe Biden and the Inflation Reduction Act, there are successful investments everywhere. The potential for Canada is enormous. When we look at the U.S. market, where states and municipalities are demanding clean energy, we can see the potential for the production of clean energy in Canada.

What we have is a grid that has not been set up, as some European grids have, to be able to include the potential of clean energies from a variety of sources. Scandinavia and Germany have already converted. Canada lags far behind.

There is work to be done. That is why the NDP and our entire caucus supports Bill C‑49. We can see the potential, and we think it is important to make these investments. This bill is a first step toward this clean energy potential. We need to see leadership on the part of the federal government in this area so that we can have clean energy projects across Canada.

When the member for Burnaby South becomes prime minister, we will have a New Democratic government and we will see the difference. We can make the transition that other countries are already engaged in.

Bill C-49 would modernize the Atlantic accord acts, notably by establishing a framework for the development and regulation of offshore renewable energy projects in both provinces, Nova Scotia and Newfoundland and Labrador, and their offshore areas. Currently, the Atlantic accord acts implement agreements between Canada and these two provinces on the joint management of offshore petroleum resources.

Under the proposed bill, regulatory authority for offshore wind power would be granted to the two existing jointly managed offshore boards that are currently exclusively responsible for regulating offshore oil and gas projects: the Canada-Nova Scotia Offshore Petroleum Board and the Canada-Newfoundland and Labrador Offshore Petroleum Board. They would effectively be put in place as regulators for offshore wind power.

This is extremely important, because we know that there is much to do in terms of putting in place all the foundations for renewable energy sources, which can be a powerful driver of Canadian prosperity in the years to come. We have unlimited potential right across the country. I think of Alberta and Saskatchewan, where we could ultimately be seeing powerhouses of solar and wind power.

The export of renewable energy could make a profound difference, particularly because so many American states and cities require renewable energy as their feedstock. They simply will not accept energy that is not renewable. We need to modernize our grid and make these investments. We have seen, both under the previous Conservative government and the current Liberal government, no investments in any meaningful way to modernize our electrical grid to allow for the import of renewable energy. We have seen, quite frankly, a couple of decades of stagnation when it comes to renewable energy. New Democrats support the bill because it is a first step forward, but there is much to do.

The reality is that we are seeing investment moving into clean energy. This is vitally important. There are energy workers in Newfoundland and Labrador and Nova Scotia; we cannot leave them behind. We need to make sure we put in place the investments that allow for offshore wind projects for which energy workers could use their enormous skills. Having been an energy worker and having worked at the Shellburn refinery in Burnaby, B.C., which is now closed, I can say that the skills of workers in the energy sector are enormous. If we are to really capture the immense potential that comes from renewable energy, we need to make sure we pass legislation such as this, as well as making the powerful investments that are so important and that other countries have made in order to ensure incredible prosperity.

During the hearings, the member for Timmins—James Bay said very clearly that strong concerns had been heard from fishers about ensuring that any new developments respect the fragile nature of North Atlantic fisheries. New Democrats share their concerns, as the member for Timmins—James Bay said so eloquently. We urge the provinces to work with the stakeholders to ensure that any new projects are developed with the recognition of the need to protect the fisheries. This is vitally important.

We know that we need to catch up with other countries. I will give two examples. Off Rhode Island, there is a new wind farm that is going to provide energy for a quarter of a million homes. That is as a result of President Joe Biden's leadership in making the investments for clean energy. Twenty-seven other major projects in the United States are on track to be completed by next year, 2025. For example, the Vineyard Wind project is creating enough power for 400,000 homes.

Atlantic Canada, with its high energy costs, could become a world leader in low-cost energy, including wind and green hydrogen. However, the reality is that we have not seen from the Liberal government, as we did not see from the Conservative government before it, any real effort to provide the kinds of frameworks and investments that are so important for building those massive opportunities in offshore wind.

There was a promise from the Liberals to put in place investment tax credits to kick-start clean energy. That was last year, and the credits are still nowhere to be seen. Investment is still flowing south, and we see Canadian companies looking to partner in the United States now, where investment is guaranteed. The reality is that we have CAPP holding meetings with the government to continue to get subsidies for the oil and gas sector, but for energy workers who are interested in the potential for clean energy, there are no opportunities being presented to them. This is because of the fact that the government has not acted, in the same way as the Conservative government did not act before it. Therefore, what we need to see is a federal government willing to step up.

In Alberta, there was incredible potential. My colleagues from Edmonton Strathcona and Edmonton Griesbach would agree that there was immense potential. I believe there were $33 billion in clean energy projects in line to be built. Clean energy has immense potential in Alberta. However, the premier, Danielle Smith, basically put a hold on all those projects. Why would anyone do that when there is potential for enormous growth?

Alberta could be the clean energy powerhouse of the planet. Why would the premier basically halt $33 billion in clean energy projects? It makes no sense at all.

Under the Harper government, we saw a hatred of clean energy. The one program it did put in place regarding home renovations was so oversubscribed that, basically, the government abruptly cancelled it. In the years following, when I was the energy critic, as the NDP was the official opposition at the time, I went across the country—

[An hon. member]

Oh, oh!

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Mr. Speaker, my Conservative colleague says we will be so again, but we are actually going for government. We are fine to leave the Conservatives as the official opposition, which they are currently. I wish I could say they are an effective opposition, but they are not effective at all.

The reality is that we had an ability for clean energy to thrive in Alberta that was nixed by the premier of the province. I think, right across the country, people would ask why she would do that and hurt her own province. However, I will leave that debate to the Alberta legislature at another time.

Coming back to the United States, since President Biden was elected, there has been an announcement of $240 billion, a quarter of a trillion dollars, in new clean energy manufacturing investments. The private sector has announced $110 billion in clean energy manufacturing investments, including more than $70 billion in the electric vehicle supply chain and more than $10 billion in solar manufacturing.

We certainly see the reaction from Conservatives. They do not want to see these kinds of investments taking place in Canada, but the reality is that having a quarter of a trillion dollars in private sector investments in clean energy in the United States shows the incredible potential. According to a variety of estimates, the Inflation Reduction Act is estimated to be creating 1.5 million additional jobs.

I come back to the issue of Danielle Smith cancelling and basically stopping 33 billion dollars' worth of clean energy investment in Alberta and however many hundreds of thousands of jobs that would have resulted in. Again, it is a decision that makes no sense at all; Conservatives will have to explain why anyone would want to cut on something that could have been a real path for prosperity.

As a result of President Biden's plan, the U.S. is now on a path to meet the goal of cutting emissions 50% to 52% below 2005 levels by 2030, as well as reaching net-zero emissions by no later than 2050. I contrast that, of course, with the utter failures of the Harper government and the current government. Both have utterly failed in bringing down emissions. Canada has a very poor track record.

[An hon. member]

Oh, oh!

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Mr. Speaker, I understand my Conservative colleagues are asking why Mr. Harper failed. I am more than pleased to talk about that.

I will start with the $30 billion Conservatives gave to overseas tax havens every year, through the Harper sweetheart tax haven treaties. That is $300 billion that Conservatives used to splurge on overseas tax havens over the course of the dismal decade when Mr. Harper was in power. Not one Conservative has ever been able to explain what good it did for Canada to give away a third of a trillion dollars to overseas tax havens. The Harper government stopped pensions, forced seniors to work longer, slashed health care funding and cut services to veterans. It did all those bad things. It was a terrible decade, with $116 billion in liquidity supports going to Canada's big banks to maintain their profits and $300 billion, according to the PBO, given away to overseas tax havens. Conservatives' financial management is an oxymoron. They are simply not good at managing money; they are terrible at it. It is unbelievable.

If one does not believe me, one just has to look at the fiscal returns actually tabled by the Ministry of Finance, federally. It is hardly a hotbed of social democrats in the federal Ministry of Finance, but it has been saying, year over year, for the last few decades, that the worst governments, in terms of managing money and paying down debt, are the Conservative and the Liberal governments.

The governments that are best, of course only provincially, up to this time, at managing money, at paying down debt and at the same time ensuring we have effective education programs, effective health care programs and effective investments in our youth, and have better programs for seniors and for families, and this is from the fiscal returns of the federal government, are NDP governments. It should not be a surprise to anybody that we are not only the best at managing the services that Canadians need in every province that we have governed in, but also the best at managing money. That comes from the federal Ministry of Finance, no less.

I wanted to take just a few minutes to talk about, as the member for Timmins—James Bay has done so eloquently, the climate crisis that we are in.

Scientists who are monitoring the collapsing ice shelves of Greenland have noted how soot from fires, which lands on the ice shelves, draws more heat and leads to ever faster disintegration of the ice fields. This is raising water levels, causing ocean instability and leading to more storms. We are at a tipping point. It is essential that we act fast and take the magnitude of this crisis seriously.

The first step is to take on what the member for Timmins—James Bay has called a pathological obsession of big oil to extract as much profit as possible from the burning of the planet. Big oil has shown no interest in limiting the damages it has done and, in fact, is pushing for an increase in production.

Scientist David Archer states, “The climatic impacts of releasing fossil fuel CO2 to the atmosphere will last longer than Stonehenge...longer than nuclear waste...longer than the age of human civilization so far.”

It also does not make economic sense. Last week, the International Energy Agency stated that we are at “the beginning of the end of the fossil fuel era”, as “demand for oil, natural gas and coal” are all going to “peak” over the next few years. Therefore, we need to prepare to ensure that we are actually putting in place all those fundamental issues, programs and foundations and to ensure that we can benefit from the clean energy economy to come.

The reality is that the declines, in terms of production and emissions, are nowhere near steep enough to put the world on a path to limiting global warming to 1.5°C. We are going to have to work more steadily, and there has to be faster policy action by governments.

That is why it is so important to move on Bill C-49. I am pleased, on behalf of the NDP caucus and on behalf of the member for Timmins—James Bay, to support this legislation.

It is not a panacea. It does not get the job done, but it is a first important step that allows us to move forward for the clean energy economy to come, to allow energy workers in Newfoundland and Labrador and Nova Scotia to do the important work that they can do to ensure that we have growth and development of clean energy and that we have more jobs in Atlantic Canada.

It is for all those reasons that the NDP is supportive of Bill C-49.

Now, should the government be doing more? The answer is yes.

We have had two decades of inaction, first with the Harper government, then with the current government. These two governments did not make the investments other countries made. In our opinion, it is essential that we put all the tools in place, including, of course, Bill C‑49.

It is extremely important that we implement the bill, and that we invest in order to create jobs and prosperity and to lower the price of energy in Atlantic Canada, ensuring that everyone can benefit from clean energy in the future.

The House resumed 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 third time and passed, and of the amendment.

Canada-Newfoundland and Labrador Atlantic Accord Implementation Act

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

Madam Speaker, it is always a privilege to rise in this place and bring the voice of my constituents who are back home in Nova Scotia. Today we are debating really important legislation—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Alexandra Mendes]

Is the hon. member is asking a question? It is questions and comments for the hon. member for New Westminster—Burnaby.

The hon. member for Kings—Hants.

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

Madam Speaker, I apologize. I thought I was up on debate, but I am happy to ask the hon. member for New Westminster—Burnaby a question.

The question is on his take on the Conservative Party. The Conservatives talk about “technology, not taxes”. This legislation is all about enabling billions of dollars of clean energy investment, which is good for jobs, its is good for the economy and ultimately it is good for the environment. The Conservatives talk about technology, not taxes, yet they are standing in the way of crucial legislation that matters for Atlantic Canada.

Could the member opposite comment on his disappointment in the Conservative position and perhaps explain why the NDP is in support of jobs, notwithstanding that the Conservatives are against this.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Madam Speaker, the real slogan of the Conservatives should be “tackiness, not technology”, because we saw in Alberta Danielle Smith blocking $33 billion worth of clean energy projects, which would have meant so much for energy workers in Alberta. We know that other jurisdictions around the world are making the investments in clean energy. In Conservative-run provinces, it is an absolute lockdown on any new technology that actually provides for clean energy. Now we see their fervent opposition to clean energy in Atlantic Canada by their blocking of Bill C-49, which they have been doing now for months.

The reality is that we are talking about a party of Luddites within the Conservative caucus. They simply refuse the clean energy prosperity that comes from making the investments in clean energy. Bill C-49 is one of the first steps that need to happen.

[Martin Shields, Conservative, Bow River, AB]

Madam Speaker, as I remember, in Alberta in the last two weeks, there was a notification of two solar projects being moved along and approved. Therefore, I am not sure where he is getting these six months. They took a period to look at not being approved on irrigated farmland, but they are approving them, two in my riding. We are talking 30 megawatts, big ones. I think he is a little incorrect in his statement.

Would he like to revise that statement about what is occurring in Alberta? I know from my riding that he is absolutely wrong.