Mr. Speaker, it is an honour to rise tonight to participate in the debate on Bill C-69. The debate has been treated by some speakers as a debate on the whole budget. That is fair enough as it is the budget implementation bill. I certainly appreciated very much the remarks by my colleague, the hon. member for Kitchener Centre, moments ago, who focused on some aspects of Bill C-69 and the budget that I will not be able to address in my remarks.
In the time I have available, I want to dive deeply into one part of Bill C-69. For those who are observing tonight's debate, perhaps I can just back up and say that this is what is called an omnibus budget bill. It is exactly the kind of bill that, in the 2015 election platform by the Liberals, they said they would not be using. It is an omnibus budget bill in that it deals with many aspects of things that are in the budget, and particularly a reference in the budget to the court case on impact assessment legislation.
What is tucked into a bill that is over 400 pages is, from page 555 to page 581, a section I do not believe should be in there. I will be very clear from the start that it is a rewriting of substantial sections of the Impact Assessment Act. The irony is probably not lost on people who have tracked the debate on environmental assessment in this country that when the Liberals brought in repairs to the environmental assessment legislation that they had promised would be done in the election platform of 2015, that bill was also called Bill C-69.
I voted against that bill. I will be voting against this one too. This speech is my effort to try to persuade government members, and particularly the Minister of Environment and the Minister of Justice, to rethink things and to pull what is called part 4, division 28, of Bill C-69 and instead bring in what was promised in 2015, repairing what had happened to our impact assessment legislation, which is usually called environmental assessment legislation in this country.
I do not have much time to set this out, so forgive me for taking the time it takes to explain it. In 1975, this country held its first federal environmental assessment, ironically, of the Wreck Cove hydro project in my home province of Nova Scotia, on my home island of Cape Breton Island, and I attended those hearings. The federal government at that time was operating under something called the environmental assessment review process, a guidelines order by order in council to the federal cabinet. It set out basically that when the federal government did something, the federal government reviewed its own actions.
There is no question of constitutionality because the federal government was reviewing its own actions. The rule under the guidelines order was that if it was on federal land, involved federal money or permits given under certain kinds of acts, one had to have an environmental assessment. That general formulation went into the drafting in the late 1980s, under the government of the late Right Hon. Brian Mulroney, of an environmental assessment process that again started with the four corners of federal jurisdiction, including whether something is on federal land and involving federal money. It evolved into something called the law list permits, which were given under various acts.
The whole scheme worked very well. It evolved. There were many amendments over the years. It had a five-year review process. By the time 2012 rolled around, one could talk to almost anyone in the industry about it and hear the same thing. It was predictable. With the Mining Association of Canada, for instance, I remember the CEO, Pierre Gratton, asking why the Conservatives were trying to wreck the act now. He said that we had just finally made it right and liked the way it worked.
A federal environmental assessment act was brought in under Brian Mulroney and enacted under former prime minister Jean Chrétien. It had evolved over the years. In the spring of 2012, in an omnibus budget bill called Bill C-38, the government of former prime minister Stephen Harper set out to destroy the legislation. It was repealed in its entirety and was replaced with something called CEAA, 2012.
At the same time, it also went after the pieces of legislation that triggered environmental assessment, the law list sections, the Fisheries Act, the Navigable Waters Protection Act, and so on.
To fast-forward, in the election of 2015, the Liberals promised in the platform to repair and fix what had been done by Harper to environmental assessment, to the Fisheries Act and the Navigable Waters Protection Act. In 2016 and 2017, various ministers went to work. The current Minister of Public Safety, who was the then minister of fisheries, actually did fix the Fisheries Act. He got it back to what it had been before and even improved it. The former minister of transport, our former colleague, the Hon. Marc Garneau, really fixed the Navigable Waters Protection Act. Somehow or other, our former minister of environment, Catherine McKenna, was persuaded, I believe by officials in her department, not to fix it. The single biggest change that was made, besides repealing the Environmental Assessment Act, was to ditch the criteria that tethered environmental assessment to areas of federal jurisdiction if it was on federal land, involved federal money or under a permit given by the federal government.
Instead, Stephen Harper's government created something called the “designated projects” list, which could be anything the ministers thought they wanted to put on the list. It was project-based but not decision-based, and it could be anything, at the minister's discretion. That was CEAA 2012. It meant we went from having 5,000 to 6,000 federal projects a year reviewed, and they were mostly paper reviews that went quickly, to fewer than 100 reviewed every year. We can see perhaps the attraction for people in the civil service to not go back to actually reviewing the federal projects every single year and to keep it to fewer than 100.
Somehow, the federal government, under former minister Catherine McKenna, put forward Bill C-69 and decided to reject the advice of the expert environmental assessment panel, under the former chair of BAPE Johanne Gélinas. It kept the key elements Stephen Harper had put in place, which was that the Environmental Assessment Agency was no longer responsible for many assessments, and regulatory bodies such as the National Energy Board, now the Canada Energy Regulator, the offshore petroleum boards or the Canadian Nuclear Safety Commission would do their environmental assessments separately. It also got rid of the idea that we are tethered strongly to federal jurisdiction. It remained discretionary. That is why I voted against Bill C-69..
Former Alberta premier Jason Kenney said that this was the anti-pipeline act. I said that it was completely discretionary to the minister in a different government and that it was the pro-pipeline act. Where is the rooting to federal jurisdiction? Where is the commitment to review everything the federal government does to make sure we have considered its environmental impacts? Those were all thrown out the window. I may have been the only one in the pro-environmental assessment community, although I do not think I was the only one, who actually cheered on October 13, 2023, when the Supreme Court of Canada said that the designated projects list was actually ultra vires the federal government. It would just ask a minister to say what project they want on a list, but it was not rooted in federal jurisdiction the way it had been from 1975, under a guidelines order, to 1993, when it became law, right up until 2012 and Bill C-38 when Harper repealed it.
Then, for some crazy reason, and I use the word “crazy” advisedly because I do not know the reason and I am not referring to anyone in particular, the Liberals decided to keep the designated project list, which is the part that the reference in the decision of the Supreme Court of Canada said was ultra vires the federal government and now stuffed in an omnibus budget bill that we were told we would never see. We get amendments to the Environmental Assessment Act that keep the designated projects list.
I do not think this new version in Bill C-69 is going to get Supreme Court of Canada approval. I know it will not get environmental assessments for projects across this country that need to be assessed. It will not get environmental assessment for Highway 413. It will not get environmental assessment for things that are squarely within federal jurisdiction. What it will do is be a quick and dirty fix that only goes to the finance committee for study.
With that, I will close my opening remarks with what I can only describe as disgust.