Bill C-39

Building Canada Strong Act

An Act respecting certain measures to strengthen the economy

Part 1 implements certain measures in relation to project evaluations.
Division 1 of Part 1 amends the Impact Assessment Act to, among other things,
(a) provide that the Canadian Nuclear Safety Commission is to conduct the impact assessment of a designated project that includes activities that are regulated under the Nuclear Safety and Control Act ;
(b) authorize the Minister of the Environment to grant certain federal authorizations that are required in respect of a designated project at the same time that the Minister issues a decision statement in respect of the project;
(c) ensure that a decision statement in respect of a designated project for which the Impact Assessment Agency of Canada conducts the impact assessment is issued within one year after the proponent provides the required information or studies;
(d) provide for the coordination of the impact assessment of designated projects and the review processes for certain federal authorizations that are required in respect of those projects; and
(e) provide for the coordination of consultations with Indigenous groups.
Division 2 of Part 1 amends the Building Canada Act to, among other things,
(a) establish, for certain types of projects located within a region of national interest, a similar framework to the one applicable to national interest projects;
(b) allow the minister designated under that Act to add, remove or amend any condition in respect of an authorization that was granted for a national interest project before the name of that project was added to Schedule 1 to that Act;
(c) ensure that obligations to make information public associated with decisions made under that Act are administratively feasible; and
(d) authorize the Governor in Council to add the name of a region to a new schedule to that Act if the Governor in Council is of the opinion, having regard to certain factors, that the designation of that region is in the national interest.
Division 3 of Part 1 amends the Canadian Energy Regulator Act to, among other things,
(a) ensure decisions in respect of pipelines, designated power lines and offshore renewable energy projects are issued within one year of receiving the required information and studies;
(b) provide for the coordination of consultations with Indigenous peoples of Canada in respect of pipelines, designated power lines and offshore renewable energy projects;
(c) provide for the coordination of federal authorizations in respect of pipelines, designated power lines and offshore renewable energy projects with federal authorities;
(d) provide that the Commission is the sole assessor of applications in respect of pipelines, designated power lines and offshore renewable energy projects;
(e) provide authority for the Commission to
(i) make decisions in respect of applications relating to pipelines, designated power lines and offshore renewable energy projects, unless otherwise specified in the Act,
(ii) exempt certain pipelines or branches of or extensions to pipelines from the application of certain provisions, and
(iii) integrate a detailed route hearing into an ongoing hearing; and
(f) provide that the Governor in Council is to determine whether certain pipelines and designated power lines are in the public interest.
It also makes consequential amendments to the Federal Courts Act and the Northern Pipeline Act .
Division 4 of Part 1 amends the Canadian Navigable Waters Act to require the Minister of Transport to, among other things, take into account the feasibility of the terms and conditions in respect of an approval relating to certain works. It also transfers to that Minister the power to exempt bodies of water from the application of certain provisions of the Act if that Minister is satisfied that it would be in the public interest. Finally, it allows the Governor in Council to make regulations to exclude structures, devices or other things from the definition “work” to avoid duplication with other Acts and regulations.
Division 5 of Part 1 amends the Canadian Environmental Protection Act, 1999 to, among other things,
(a) ensure that environmental protection compliance orders may be issued with respect to any thing to which that Act applies and to non-continuing offences, including with respect to contravening imports;
(b) broaden the scope of such orders by permitting an enforcement officer to direct a person to take additional measures, such as managing contravening imports in the manner specified in the order, returning them to their place of origin or removing them from Canada; and
(c) provide that certain permits issued under that Act may, in certain circumstances, be valid for more than one year.
Division 6 of Part 1 amends the Species at Risk Act to, among other things, require the competent minister to take into account the feasibility of the terms and conditions in respect of certain agreements and permits.
Division 7 of Part 1 amends the Fisheries Act to, among other things,
(a) modify the fish habitat bank regime to allow for the use of habitat credits by third parties;
(b) authorize the making of regulations respecting the circumstances in which a person who is authorized to carry on a work, undertaking or activity may pay a fee to offset adverse effects on fish and fish habitat and provide for these fees to be credited to the Environmental Damages Fund; and
(c) transfer certain regulation-making powers from the Governor in Council to the Minister of Fisheries and Oceans.
Part 2 implements certain measures in relation to supply chains.
Division 1 of Part 2 amends the Department of Transport Act to provide the Minister of Transport with the power to establish a transportation project office that coordinates review processes for federal authorizations and consultations with respect to transportation projects.
Division 2 of Part 2 amends the Canada Transportation Act to, among other things,
(a) provide that the Minister of Transport may designate geographic areas as trade corridors and establish the National Trade Corridors Council, whose mandate is to monitor the movement of goods in trade corridors, analyze disruptions that may affect trade corridors and make recommendations and provide advice to that Minister;
(b) provide that Minister with the authority to make regulations to give effect to international standards or ensure compliance with Canada’s international obligations;
(c) expand the purposes for which that Minister may request that federal departments and agencies provide information that has already been provided by regulated entities to those federal departments and agencies;
(d) clarify the application of the requirement to notify that Minister of proposed transactions involving transportation undertakings;
(e) reduce the threshold for the requirement to notify that Minister and the Commissioner of Competition of proposed transactions involving transportation undertakings situated in a “port”, as defined in section 5 of the Canada Marine Act ;
(f) provide that that Minister may, for any purpose related to transportation security or safety, to the integrity of the national transportation system or to public safety or for any purpose specified by order, grant, suspend or cancel security clearances;
(g) authorize, for the purposes of administering and enforcing the security clearances regime, certain individuals or entities to collect information from and disclose information to each other;
(h) authorize the Governor in Council to make regulations respecting security clearances;
(i) expand the exceptions to the requirement to obtain the Canadian Transportation Agency’s approval for the construction of railway lines; and
(j) establish, for a period of four years, a zone in Manitoba, Saskatchewan and Alberta in which any interswitching that occurs is subject to the rate determined by the Canadian Transportation Agency.
Division 3 of Part 2 amends the Canada Marine Act to, among other things,
(a) authorize the Governor in Council to allow a port authority to enter into joint-liability arrangements and to create entities other than wholly-owned subsidiaries to undertake activities within or outside the limits of the port;
(b) authorize the Minister of Transport to appoint certain directors of a port authority;
(c) add principles that a port authority must observe when fixing port fees and expand the grounds on which a fee-related complaint may be filed with the Canadian Transportation Agency;
(d) authorize the Governor in Council to appoint, in certain circumstances, an administrator for a not-for-profit corporation that has entered into an agreement in respect of the St. Lawrence Seaway;
(e) authorize that Minister to terminate such an agreement or any part of one and provide for a dispute resolution process to deal with any disputes arising from the termination; and
(f) authorize that Minister to require that any of the following persons take measures to prevent or mitigate certain threats or stop any activity that would contribute to such threats:
(i) a port authority,
(ii) a person in charge of a port facility,
(iii) a person responsible for the management and operation of all or part of the St. Lawrence Seaway or for any works, undertakings or property used in the operation of the Seaway,
(iv) an occupier or person in charge of any federal real property, or any federal immovable, that is subject to being administered under Part 3 of that Act.
It also makes consequential amendments to the Port Authorities Operations Regulations .
Division 4 of Part 2 amends the Marine Liability Act to, among other things,
(a) modify the definition “receiver” to refer to the person who physically receives bulk hazardous and noxious substances carried by sea as cargo and discharged at a port or terminal in Canada; and
(b) harmonize the inspection and enforcement provisions relating to that person.
It also makes related amendments to the Safeguarding Canada’s Seas and Skies Act .
Division 5 of Part 2 amends the Coasting Trade Act to allow foreign ships or non-duty paid ships to engage, without a licence, in activities in response to a declared emergency.
Division 6 of Part 2 repeals the Shipping Conferences Exemption Act, 1987 and makes a consequential amendment to the Access to Information Act .
Division 7 of Part 2 amends the International Bridges and Tunnels Act to allow the Minister of Transport to make certain decisions that were previously made exclusively by the Governor in Council.
Division 8 of Part 2 enacts the Enabling Digital Trade Act which, among other things,
(a) sets out the rules for the use of electronic trade documents as the functional equivalents to paper trade documents that are related to trade in goods;
(b) eliminates the requirement to provide information to the Government of Canada in physical form in relation to the importation or exportation of goods; and
(c) permits a federal minister, or an officer or employee of a department or agency of the Government of Canada, to disclose information that is related to the importation or exportation of goods if the receiving minister, department or agency of the government is permitted by law to collect that information.
Part 3 implements certain measures related to the work force.
Division 1 of Part 3 amends the Canada Labour Code to, among other things,
(a) establish new requirements and timelines related to collective bargaining;
(b) provide for the transfer of certain rights in the context of certain contractors being replaced by new contractors;
(c) establish new requirements and authorities in relation to entering into first collective agreements;
(d) provide that the Canada Industrial Relations Board may certify a trade union as the bargaining agent for existing bargaining units in certain industries in certain geographic areas on application of two or more employers, on referral of the Minister of Labour or on that Board’s initiative;
(e) confer on the Minister of Labour the power to appoint a special mediator to assist parties in settling a dispute that arises in connection with the entering into, renewal or revision of a collective agreement; and
(f) establish new requirements for that Minister to direct the Canada Industrial Relations Board to take measures under section 107 of that Act.
It also makes consequential amendments to certain regulations.
Division 2 of Part 3 amends the Canada Labour Code to, among other things,
(a) authorize the Head of Compliance and Enforcement to issue a settlement enforcement order requiring an employer or director of a corporation to pay any outstanding amounts that are to be paid under a settlement with an employee; and
(b) permit an order to debtor to be issued, in certain circumstances, before a settlement enforcement order or payment order has been issued.
Division 3 of Part 3 provides that Division XIII of Part III of the Canada Labour Code does not apply to an employer and employees who are parties to a collective agreement that confers rights and benefits at least as favourable as those conferred by that Division XIII with respect to medical leave of absence with pay.
Division 4 of Part 3 amends the Wage Earner Protection Program Act to, among other things, define the term “former employer” for the purposes of that Act and to specify that the Minister may confirm, vary or rescind a determination of eligibility even without a request for review.

The Environment

[Leah Gazan, NDP, Winnipeg Centre, MB]

Mr. Speaker, indigenous peoples and environmental groups warned that Bill C-5 lets the government override environmental protections and constitutionally protected indigenous rights in the name of the so-called national interest, but apparently that was not enough. Now with Bill C-39, the Liberals are expanding their power to fast-track major projects and weaken those same protections.

After a summer of wildfires burned homes to the ground, why does the government keep bending the rules for corporations while trampling on indigenous rights and putting our environment at risk?

The Economy

[Peter Fragiskatos, Liberal, Parliamentary Secretary to the Minister of Immigration]

Mr. Speaker, the member calls for a focus on economic renewal in this country. We have an opportunity as members of Parliament in this House of Commons to support Bill C-39, a bill that is focused on building up this country. We used to build things in this country. We used to do that, and that is exactly what this government wants to do.

We call on Conservatives to put aside partisanship, much along the lines of what former prime minister Harper did quite recently. He put aside partisanship for the benefit of this country. Let us work together.

The Environment

[Xavier Barsalou-Duval, Bloc, Pierre-Boucher—Les Patriotes—Verchères, QC]

Mr. Speaker, what the Liberals are doing through Bill C-39 is nothing new. It is rooted in the concept of a permanent state of emergency. That is when a government exploits a crisis, a temporary situation, to impose changes that are actually permanent and that would never be acceptable under normal circumstances.

The Liberals are using the trade war and Donald Trump to introduce permanent rollbacks that will impact the environment, workers' rights, land protection, endangered species and more. The Liberals are not doing this to protect Quebeckers; they are doing it to line the pockets of the oil companies. Have they no shame?

[Xavier Barsalou-Duval, Bloc, Pierre-Boucher—Les Patriotes—Verchères, QC]

Mr. Speaker, with Bill C-39, the Liberals are exploiting the public's fear of Donald Trump.

Let us not forget that, under the pretext of fighting tariffs, they gave themselves the power to circumvent all environmental laws in order to build pipelines. That is irresponsible, but at least the Bloc Québécois managed to get a sunset clause added so that it would expire after five years, because Donald Trump will no longer be in office in five years' time. However, in Bill C‑39, they are repealing that provision. They want to circumvent environmental laws for good.

Does this not prove that the tariff crisis is basically just an excuse for them to bulldoze over everything?

Taxation

[Pauline Rochefort, Liberal, Parliamentary Secretary to the Secretary of State (Rural Development)]

Mr. Speaker, I would like to take this opportunity to wish my colleague a happy Franco-Ontarian Day. In answer to his question, I would also like to make two points.

This week, our government introduced two very important bills that go hand in hand. We introduced Bill C-38, which comprehensively addresses affordability issues, and I could name others, considering the numerous initiatives introduced over the past few months. We also introduced Bill C-39, which is going to create good jobs and strengthen our economy. That is what Canadians in our ridings want.

Labour

[Gabriel Ste-Marie, Bloc, Joliette—Manawan, QC]

Mr. Speaker, indeed, we could call it pipeline spaghetti.

Bill C‑39 also undermines workers' rights. At the federal level, strikes always play out the same way. Employers allow negotiations to deteriorate while they wait for Ottawa to put an end to them using section 107. That would not change.

What is changing is that Ottawa is now going to tell unions when and how to begin negotiations. It would also be able to stop negotiations by invoking vague concepts of national interest and social disruption.

According to the Fédération des travailleurs et travailleuses du Québec, Bill C‑39 would give the government the power of life or death over the right to strike. Why would anyone trust the federal government with that power?

The Environment

[Yves Perron, Bloc, Berthier—Maskinongé, QC]

Mr. Speaker, the leader of the House is right. The goal of Bill C-39 is not to lower environmental standards. It is to eliminate them.

If a pipeline were to go through Quebec, here is what Bill C-39 sets out for the environmental assessment. The energy regulator in Calgary will be the one to make the final decision. It is made up of seven commissioners, and five of the seven come from the oil industry.

At the table are TC Energy, Shell, Pembina Pipeline, Canadian Oil Sands Limited and Cenovus Energy. Meanwhile, scientists and Quebeckers do not have a seat at the table.

If we are not at the table, are we on the menu?

[Yves Perron, Bloc, Berthier—Maskinongé, QC]

Mr. Speaker, the Prime Minister claims that Bill C‑39 does not lower environmental standards.

Let us imagine a pipeline project in Quebec, like Marinvest. Under Bill C‑39, pipelines are exempt from environmental impact assessments. The only assessment will be the one completed by the energy regulator in Calgary, which has never seen a pipeline it did not like. Worse still, Ottawa wants to be able to allow proponents to start their work before the assessment is complete.

How can anyone claim that this is not a step backwards?

Business of the House

[Steven MacKinnon, Liberal, Minister of Transport and Leader of the Government in the House of Commons]

Mr. Speaker, I want to extend my own welcome back to Parliament to my colleague across the floor. I know that this particular slot in the week keeps people on the edge of their seats rapt, as we do the Thursday question at this time every week.

This is season two, episode one, and we do have to leave some cliffhangers, in the best TV tradition. I have taken careful note of the requests of my friend, the opposition House leader. He can be sure that we will continue to find ways to make life more affordable for Canadians, and prolonging the excise tax relief is an important step. As for the war in Iran, any increase in revenue that the government may have derived from it, we are returning to Canadians.

With respect to major projects, that is where we will leave the cliffhanger. As we return for the next episode, the opposition House Leader may have a different question to ask.

This afternoon and tomorrow, we will continue with the second reading debate of Bill C-39, the building Canada strong act.

When we return after spending a week in our ridings, we will resume consideration of that bill on Monday and Wednesday.

I would also like to inform the House that Tuesday, October 6, and Thursday, October 8, shall be allotted days.

Finally, Friday will be devoted to the second reading debate of Bill C-37, the first nations clean water act.

Thank you and welcome back, Mr. Speaker. It is good to see you again, too.

The Environment

[Patrick Bonin, Bloc, Repentigny, QC]

Mr. Speaker, I would remind the House that, using Bill C-5, the Prime Minister gave himself the power to suspend environmental laws for his oil projects. Luckily, the Bloc Québécois managed to limit that abuse to five years. According to the Liberals, it was all in a bid to combat Donald Trump. Bill C-39 removes this five-year limit and allows the application of environmental laws to be suspended indefinitely.

Why are the Liberals using the tariff war as a pretext to exacerbate the climate crisis and line the pockets of the oil companies?

[Patrick Bonin, Bloc, Repentigny, QC]

Mr. Speaker, the Prime Minister just returned from the United Nations, where Secretary-General Guterres once again implored countries to phase out fossil fuels. Meanwhile, Canada introduced Bill C‑39, which gets rid of impact assessments for pipeline projects and makes it possible to permanently circumvent environmental laws. Greenpeace and Environmental Defence called it the “Bulldoze Nature” bill. Ecojustice called the bill catastrophic. No other bill in Canadian history has been worse for the environment.

How can the Liberals sleep at night after defending such a bill?

Intergovernmental Affairs

[Yves-François Blanchet, Bloc, Beloeil—Chambly, QC]

Mr. Speaker, this is not an idle question. We are talking about permanently suspending the rule of law and possibly the Constitution to benefit foreign multinationals.

Some people are even talking about putting parts of Quebec and the provinces under federal control.

Does the Prime Minister recognize that Bill C‑39 will result in Ottawa taking control of parts of Quebec and the provinces?

[Mark Carney, Liberal, Prime Minister]

Mr. Speaker, Bill C‑39 involves federal decisions. Yes, it is true that we have co-operation agreements with six provinces. In those cases, we are using the provinces' skills, expertise and so on. However, this bill only involves the federal government and decisions made by the federal government.

[Mark Carney, Liberal, Prime Minister]

Mr. Speaker, Bill C‑39 is about efficiency, not about how high the standards are. That is the first thing. It should only take one year to get a decision on environmental standards, co-operation with indigenous peoples and all other aspects of a project.

That is the idea behind the bill: to take action.

[Yves-François Blanchet, Bloc, Beloeil—Chambly, QC]

Mr. Speaker, first, there were projects of national interest. Then there were corridors of national interest. Now there are regions of national interest.

The Bloc Québécois, experts and media outlets know that, with Bill C‑39, the federal government is permanently taking over jurisdiction from Quebec and the provinces, particularly regarding the environment, and suspending its own laws based on the judgment of a single minister.

Can the Prime Minister confirm that this interpretation is accurate?