Okay. I think that members of the committee will recognize the concepts and the language here because they come right out of the expert report on the environmental assessment commission by the government, and its guidance in the agency's decision to incorporate what the expert panel described as minimum factors. I'm inserting, at page 15, line 32 around this. How it reads now is:
(2) In making its decision, the Agency must take into account
My amendment reads:
(2) In making its decision, the Agency must determine whether the designated project is clearly linked to matters of federal interest by considering if it takes place on federal lands or uses federal funding and if the federal government is a proponent of the designated project, as well as the extent to which the project would affect any of the following:
(a) Indigenous peoples and lands;
(b) species at risk;
(d) marine plants;
(e) migratory birds;
(f) greenhouse gas emissions of national significance;
(g) watershed or airshed effects crossing provincial or national boundaries;
(h) navigation and shipping;
(j) activities crossing provincial or national boundaries and works related to those activities; or
(k) activities related to nuclear energy.
Then it continues with proposed subsection (2.1):
(2.1) If the Agency determines that the designated project is clearly linked to matters of federal interest, it must take into ac-
That way the rest of what currently is under “Factors” in proposed paragraphs 16(2)(a) through (g) apply without needing any alteration. It fits in neatly there without any requirements to bump or renumber what you find on page 16 in proposed paragraphs 16(2)(a) through (g).
Not to put too fine a point on it, this is critical for this legislation to rebuild trust. This is the section that undoes what happened in Bill C-38 when Stephen Harper repealed the Environmental Assessment Act and removed the full scope of federal jurisdiction and triggers from the way in which the federal government must do impact assessments, as they're now known, in areas of federal jurisdiction. This essentially is what the federal government did between 1976 and 2012, a period of time in which projects were completed: 99.9% of the ones that went through environmental assessment were approved, but they were approved through the process of environmental assessment federally by the consideration of all projects, whether they were federal money, federal lands, the federal government as a proponent, and touching in these areas.
Again, this was described in the expert panel report. The experts were hand-chosen by cabinet ministers. They went across the country. This is the advice, word for word, from the expert panel. It fits so neatly into this section. I hope you'll consider accepting this, to save this bill and make it rebuild trust.