Madam Speaker, it is a great pleasure to be here for the late show tonight. I know that the plant is in Quebec, but I will answer in English.
I thank my friend and colleague, the hon. member for Saanich—Gulf Islands, for her ongoing advocacy for all environmental causes in Canada. She really is a legend.
This past June, the Government of Canada delivered on its promise to quickly and meaningfully amend the Impact Assessment Act to respond to the Supreme Court of Canada and provide regulatory certainty for major project proponents and indigenous partners in Canada's investment climate. The Impact Assessment Act is designed to protect the environment, ensure that sustainable projects can move forward safely and instill public confidence in how the Government of Canada makes decisions concerning major resource projects.
I would just add that the improvements we have made are real. The old impact assessment regime under Stephen Harper really did not do anything to protect environment, but ours does. The amended Impact Assessment Act ensures that federal decision-making, namely the designation decision, the screening decision and the final decision at the end of the assessment, is focused on areas of clear federal jurisdiction.
In any exceptional circumstances, the Impact Assessment Act provides the minister of environment and climate change, under section 9, the power to “designate a physical activity that is not prescribed [in the] regulations”, if they are of the opinion that “the carrying out of that physical activity may cause adverse effects within federal jurisdiction or direct or incidental adverse effects.” They may, in deciding whether to make it an order, consider public concerns and adverse impacts the physical activity may have on the rights of indigenous peoples of Canada, among other things.
However, there are limitations on the minister's power to designate. They may not designate a project if the project has been substantially started or a federal authority has made a decision under whether or not an act of Parliament that permits the project to be carried out in whole or in part.
The minister can confirm that he has received a designation request for the Northvolt Six projects. The request, co-signed by some 50 citizens and a few organizations, highlighted adverse effects on fish and fish habitat in the Richelieu River, as well as certain species at risk.
On September 25, 2024, the Impact Assessment Agency of Canada responded to the request in relation to the battery cell component production and assembly plant in the crushing and sorting facility. The response noted that the minister's power to designate was limited, as these two components of the project have already substantially begun. However, the Impact Assessment Agency of Canada's analysis process continues for the battery recycling plant, which will inform a decision as to whether or not the project warrants a designation.