Thank you, Mr. Chair, for the opportunity to speak with the committee today.
I'll focus on the largest barrier to Canada supplying the world with energy: the Impact Assessment Act, a.k.a Bill C-69, and major permitting systems that stand in the way of billions of dollars of investment and, ultimately, improved prosperity for Canadians. Simply put, the process, timeline and political uncertainties inherent in this act and federal permitting systems are such that few companies will risk the time and cost to apply for approval.
There are six key barriers embedded within the act and systems.
One, late-stage politicized decision-making creates unpredictability for a years-long, high-cost process.
Two, there are duplicative reviews and regulators because of departmental and jurisdictional overlap.
Three, excessive timelines are unpredictable and prone to delays that impact construction timelines.
Four, regulators' low risk tolerance causes reviews to stray from focusing on mitigating only the largest, unique and material impacts.
Five, uncoordinated post-impact assessment permitting by multiple regulators can delay construction.
Six, there is a lack of consultation clarity. Unpredictable indigenous consultations weaken reconciliation efforts, indigenous participation and investor confidence.
I applaud the current efforts of the Impact Assessment Agency of Canada to improve upon the existing regime. The Bill C-5 approach, however, creates a dual-track system of project winners and losers, without fixing Canada's broader approval challenges. What's needed is a comprehensive legislative overhaul of the act to enable all major projects in Canada to get reviewed and approved quickly and efficiently, with predictability and without political interference.
What does an ideal system look like? Well, in the next two months, the Business Council of Alberta will release a major report on project approval reform, and we'll provide that report to this committee.
The following six key changes will create an optimal impact assessment and major project process.
One, ensure that projects are reviewed by the right level of government and regulator by requiring that projects built in a province be reviewed by that province as of right, moving approvals for all federal pipeline projects to the Canada Energy Regulator under the CER Act and ensuring that we have “one project, one review, one decision”.
Two, remove late-stage political decisions by adopting a two-stage project authorization process wherein stage one is an early political decision on whether a project is in the national public interest and stage two is an independent, apolitical determination of how a project can proceed by the regulator.
Three, reduce timelines and stop their extension by creating an absolute maximum timeline of two years under the IAA, with efforts to shorten that to be competitive with the United States; shortening the CER timelines to a maximum of 250 days, with even shorter timelines for lower-risk projects; and eliminating opportunities for political interference to extend timelines.
Four, rightsize the scope of reviews by reintroducing the concept of standing, focusing only on the unique risks associated with a project.
Five, streamline permitting and conditions by making the designated regulator responsible for coordinating all federal permit reviews and decision-making, and by aligning permit decisions with the final decision of the impact assessment.
Six, clarify indigenous consultation by ensuring that Crown consultation properly considers and utilizes businesses' engagement as fulfilling aspects of the Crown's duty; ensuring that consultation aligns with the maximum review timeline; and building capacity for indigenous communities to participate in and benefit from projects and, if desired, to own an equity stake.
We also ask the government not to forget about cultural change. The system was designed to ensure that bad things don't happen when major projects are built. Thousands of public servants were hired to carry out that mandate, but they viewed and continue to view their role as one limited to their own zone of expertise or responsibility. This has created challenges that have kept us, and risk keeping us still, from achieving the goals of prosperity and more meaningful economic reconciliation.
We need the process and public servants to view project approvals through an economic and prosperity lens. Canada and the public service require a culture that ensures that we build big and ambitious things, and that we build them quickly and safely for the sake of Canadians' well-being and prosperity.
These changes, both real and cultural, will enable project proponents and investors to have confidence in Canada as a place to invest, while still protecting environmental, social, economic and indigenous rights and domains. If we wish to enable Canada to grow its economy, diversify its global trading network and make Canadians better off, these actions and changes must be made urgently.
Thank you.