Mr. Speaker, I am pleased to have the opportunity to speak to Bill C-69 at report stage. It has been a long time coming, since it was one of the major promises the Liberal Party made to Canadians during the last election.
In 2012, the environmental assessment process was scrapped, which undermined Quebeckers’ and other Canadians’ confidence in an independent, transparent, fair, balanced and scientific process based on facts. It was absolutely necessary that we change course and repair the damage done, but, unfortunately, the attempt is a bit late and, once again, half-hearted.
The parliamentary secretary said that the delay was in large part due to the consultations the Liberal government conducted and the fact that it created expert committees that made their own recommendations. I might believe that if the government had listened to the recommendations made by the experts and by the citizens of Canada. Unfortunately, that is not the case. It received a number of good suggestions and recommendations from the panels it created, but it rejected practically all of the suggestions from the environmental and scientific communities.
Despite the Liberals’ rhetoric and their boasting about having collaborated, they rejected 99% of all amendments proposed by the opposition parties in committee in an effort to improve the bill. Almost all of the 33 amendments that were accepted in committee were proposed by Liberal members. I wanted to set the record straight.
We in the NDP believe that the Liberals took their time because they were actually pleased to be able to use the old Conservative system to quickly and quietly pass certain projects that they did not want people to look at too closely. I am thinking in particular of Kinder Morgan’s Trans Mountain pipeline project. As luck would have it, it is too late for the project to be assessed under the new system.
They tried to tinker with the existing process by adding criteria, some of which are not being met. Contrary to the clear promise made by the Prime Minister in British Columbia during the election campaign that no new pipeline projects would be accepted under Stephen Harper’s environmental assessment process, the Liberals were far from thorough. Astonishingly, once again, they broke their promise and approved the project under an obsolete system that they criticized and said they did not trust.
Today, we are wondering how we can trust the government’s decision. I do not even want to talk about the fact that we are spending who knows how many billions of dollars to purchase a pipeline that no one will want in 30 or 40 years because it will be worthless.
If we are in trouble up to our necks today because of the Kinder Morgan Trans Mountain pipeline scandal, it is in large part because, from the get-go, the Liberals did not fulfill their promise, did not do their job, and rushed the project through without the people’s consent. They did not respect the first nations’ territories, and the first nations are challenging the legitimacy of the pipeline in court and complaining that they are not getting their due respect and that no one is listening to them.
Last week, everyone, Liberal and New Democrat alike, was pleased with the support for my colleague’s bill making the United Nations Declaration on the Rights of Indigenous Peoples law in Canada. Just five days later, however, the Liberal government was already breaking its commitment by refusing to incorporate the declaration's principles into the Trans Mountain pipeline project. That is a betrayal. I have never seen a government flip-flop in such a way in under a week.
To get back to Bill C-69, we believe that there are three key issues. The first concerns how we determine which projects will be assessed.
The second is how we choose the expert panels to do the assessment, and whether they are truly independent. The third involves the minister’s discretion when it comes to accepting or refusing the experts’ recommendations and the results of the environmental assessment. We have a problem with these three issues.
First, and this is critical, there is no definition or criteria for determining which economic or energy development project will be subject to the new environmental assessment process. Astonishingly, the parliamentary secretary just conceded the point to me. If a project is not assessed, we can have the best process in the world, but it will not do us any good. If I buy a new computer and I leave it in the box in the corner of my office, I will not derive any benefit from it. We now fear the worst. The absence of clear criteria, commitments or a list of projects means that projects that will have an impact on territories and communities might very well not be subject to the new Canadian Environmental Assessment Agency process.
This discretion, this willingness to select projects as it sees fit in a seemingly random fashion is a huge problem for us as environmentalists, and for people who want to do serious work.
Second, there are many in the community who have serious doubts about the political independence of the panels that will be appointed to consult scientists, indigenous peoples and Canadians in general. Will these experts not simply be political hacks that will become complacent or shut their eyes to certain issues instead of doing their job?
We have seen the credibility of the National Energy Board suffer because of this type of cronyism. The Centre québécois du droit de l’environnement shares our concern; it made two statements that I would like to share. The first is, and I quote, “In order to restore confidence, project assessment panels must be truly independent from both industry and the government”, and the second, “Bill [C-69] contains no mechanism for ensuring independence from political interference or avoiding partisan appointments or complacency in assessment panels, on whose recommendations the government now bases its final decisions”.
We are not the only ones to say so. There is a fundamental problem with the fact that there is no guarantee, no structure for preventing politics and partisanship from affecting the assessments. There could be a considerable loss of credibility. That would be a shame, because it is really an institution based on trust. Here is a good example: the BAPE is a respected institution in Québec, and Quebeckers have confidence in it. We would like to see that model used, and we do not understand why, in its bill, the federal government did not include anything about accepting environmental assessment processes carried out in some of the provinces, including Québec, since the BAPE is recognized by all of the stakeholders and groups at the table.
The third issue involves the end of the process. Decisions are made regarding which projects will be assessed, experts are appointed to engage in consultations, scientists and local populations are listened to, the general mood is gauged and the indigenous peoples involved are given a chance to express themselves but, at the end of the day, the sitting minister is not bound by the assessment panel’s recommendation. An assessment panel could say that there are too many dangers, too many risks, that the project is not acceptable to the population and that it is dangerous for the environment but, in the end, the minister could order that the project go ahead anyway.
Today, we have a Minister of Environment who says she is concerned about the environment. In my opinion, sometimes she is, sometimes she is not. However, this legislative provision will remain on the books for many Parliaments down the road. We think that this is extremely dangerous, because in the past we have seen a minister dismiss indigenous peoples, scientists and Canadians in general and opt for projects that pose a danger to our environment, our ecosystems and public health.
