Mr. Speaker, I am pleased to speak today to Bill C-225, introduced by the member for Jonquière. A similar bill, Bill C-392, was put forward by the Bloc in a previous Parliament by the member for Repentigny.
Bill C-225 would amend seven acts to require infrastructure projects currently within federal jurisdiction to be subject to provincial laws and municipal bylaws concerning land use and environmental protection. This would affect infrastructure ranging from airports, ports and harbours through to telecommunications infrastructure such as radio masts and cell towers. It would also impact any project funded through the Canada Infrastructure Bank and federal property administered by the National Capital Commission in Ottawa and Gatineau.
The NDP supports co-operative federalism. We believe that decision-making should be multilateral, reflecting the unique values and perspectives of provinces and local communities. We made it clear to Canadians in the last election that we would work to limit the federal government's unilateralism and promote mutual respect between levels of government. When it comes to big infrastructure projects, we believe that social licence must be a key requirement before projects proceed. A co-operative approach between different levels of government would mean better policies. Canadians are better served when the federal government is listening and respecting provinces and municipalities.
This bill raises other important questions concerning federalism in Canada. While there will always be projects that are in the national interest, federal jurisdiction over areas such as airports, ports and communications towers too often means that local values and concerns are not given adequate weight in federal assessment and decision-making. At worst, these processes can be perceived as a rubber stamp for projects the federal government already intends to approve, projects that overlook the work of community leaders who seek to protect the environment or conserve important aspects of a community or region.
New Democrats believe in empowering local communities to have a stronger say concerning development that affects them. After all, communities and residents live with the long-term impacts of infrastructure projects. It is only right that we ensure their voices are heard in the decision-making process. By putting the onus on the federal government to meet the bar set by provincial laws and local bylaws, this bill would give a greater voice to the orders of government closest to the people and, as such, we believe it deserves further study at committee.
This bill would not render federal projects impossible. Rather, it would set a high standard for the government to prove that there was a true national interest required to override local laws. It is not reasonable to assume that, because the federal government is the proponent, a project is automatically in the national interest.
For projects that truly are essential to Canada's interests as a country, the well-established legal principle of paramountcy, which holds that when federal and provincial laws are found to be in conflict federal law prevails, could be used as a last resort. It should not be assumed that local people cannot understand or appreciate the national interest. After all, it is local people who make up our country. Likewise, both local and provincial governments have an interest in the well-being and prosperity of the nation as a whole and are able to consider these factors when crafting their laws and bylaws.
We have seen that the Liberal government's centralizing approach to major infrastructure decisions fails to account for regional perspectives and has furthered divisions between provinces. Too often we see federal decisions imposed on communities without giving them a say. From cellphone towers to new aerodromes on farm land, we need a government that engages with communities in a more meaningful way.
The Liberals keep saying that we need to respect the division of powers in Canada, but perhaps we should better think of federalism as a balance of powers and not a division, one in which the voices and ideas of local leaders are just as valid as the views of Ottawa. This bill could help resolve these tensions by ensuring that development plans and municipal regulations adopted by local authorities are better respected by the federal government.
I must say it is a bit unclear why this bill includes reference to all projects funded by the Canada Infrastructure Bank, since it seems that the vast majority of the projects funded by the CIB should already be subject to provincial and local legislation and regulations. Perhaps this is something that could be clarified should this bill make it to committee.
It is not that we do not have serious concerns about the Canada Infrastructure Bank. Of particular relevance to this discussion about respecting local needs is the CIB’s insistence on public-private partnerships that emphasize the returns of private investors over the long-term needs of communities. We support the notion that CIB-funded projects should respect local and provincial legislation; however, it is unclear why this would not otherwise be the case.
Just as the rationale for including CIB-funded projects is somewhat unclear in this Bill, so is the exclusion of pipelines, which were included in the bill’s previous iteration. Recent pipeline proposals clearly demonstrate the failure of the federal government to adequately address the concerns and values of other orders of government. The federal government can hardly claim that Northern Gateway and Trans Mountain were approved through a harmonious process that respected all three orders of government. The government approved Northern Gateway despite opposition from over a dozen local governments in British Columbia and many first nations up and down the B.C. coast.
The Trans Mountain Expansion project was thrown out by the Federal Court of Appeal, because it found that the federal government’s consultations were woefully inadequate and that it failed to consider the environmental impact of increased marine traffic in the Salish Sea. Not only did a second run at consultation fail to meet the expectations of many communities and first nations, the federal government then fought in court B.C.'s attempts to legislate environmental protections that would prevent oil spills from damaging the environment. It is indeed difficult for the government to claim it has satisfied local and provincial concerns regarding TMX.
In the cases of both Northern Gateway and Trans Mountain, the federal government announced its support for what it claimed were projects in the national interest before the assessment processes were finalized. With the federal government acting as both booster and arbiter, the concerns of communities, first nations and even provincial governments did not stand a chance of influencing the inevitable outcome.
To conclude, Bill C-225 poses interesting ideas that would help rebalance federalism to better reflect the perspectives of regions and provinces. It would empower local communities by giving them a say on infrastructure projects that would have been unilaterally imposed on them in the past, and it would force the federal government to do a better job of considering the environmental impacts of infrastructure projects before it approved them.
There remain some outstanding questions raised by this legislation that deserve further study. Analysis from the Library of Parliament suggests that this bill would be legally viable as the courts would likely interpret it as incorporating, by reference, provincial laws into federal statutes. This is a legislative technique that is frequently used and accepted in jurisprudence, and we believe this idea merits further study at committee.
I look forward to debating these ideas in the future, and I thank the member for Jonquière for bringing forward this bill.