The House is on summer break, scheduled to return Sept. 15

An Act to amend the Fisheries Act and other Acts in consequence

This bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Sponsor

Dominic LeBlanc  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Fisheries Act to, among other things,
(a) require that, when making a decision under that Act, the Minister shall consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982, include provisions respecting the consideration and protection of Indigenous knowledge of the Indigenous peoples of Canada, and authorize the making of agreements with Indigenous governing bodies to further the purpose of the Fisheries Act;
(b) add a purpose clause and considerations for decision-making under that Act;
(c) empower the Minister to establish advisory panels and to set fees, including for the provision of regulatory processes;
(d) provide measures for the protection of fish and fish habitat with respect to works, undertakings or activities that may result in the death of fish or the harmful alteration, disruption or destruction of fish habitat, including in ecologically significant areas, as well as measures relating to the modernization of the regulatory framework such as authorization of projects, establishment of standards and codes of practice, creation of fish habitat banks by a proponent of a project and establishment of a public registry;
(e) empower the Governor in Council to make new regulations, including regulations respecting the rebuilding of fish stocks and importation of fish;
(f) empower the Minister to make regulations for the purposes of the conservation and protection of marine biodiversity;
(g) empower the Minister to make fisheries management orders prohibiting or limiting fishing for a period of 45 days to address a threat to the proper management and control of fisheries and the conservation and protection of fish;
(h) prohibit the fishing of a cetacean with the intent to take it into captivity, unless authorized by the Minister, including when the cetacean is injured, in distress or in need of care; and
(i) update and strengthen enforcement powers, as well as establish an alternative measures agreements regime; and
(j) provide for the implementation of various measures relating to the maintenance or rebuilding of fish stocks.
The enactment also makes consequential amendments to other Acts.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-68s:

C-68 (2024) Law Appropriation Act No. 1, 2024-25
C-68 (2015) Protection Against Genetic Discrimination Act
C-68 (2005) Pacific Gateway Act

Votes

June 17, 2019 Passed Motion respecting Senate amendments to Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence
June 17, 2019 Failed Motion respecting Senate amendments to Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence (amendment)
June 13, 2018 Passed Concurrence at report stage of Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence
June 13, 2018 Failed Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence (report stage amendment)
June 11, 2018 Passed Time allocation for Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence
April 16, 2018 Passed 2nd reading of Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence
March 26, 2018 Passed Time allocation for Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence

Oceans ActGovernment Orders

March 26th, 2018 / 5:20 p.m.


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Liberal

Terry Beech Liberal Burnaby North—Seymour, BC

Mr. Speaker, I would like to start by addressing the statement that we misrepresented the actual progress that has been made with regard to marine protected areas. Up until the last election, less than 1% of our oceans and marine ways were protected, despite the fact that we are five years into a 10-year commitment to get to a protection level of 10%. Our government has doubled down our efforts and now has reached a point of 7.75% protection, representing hundreds of thousands of square kilometres of new protection, which I know for a fact Canadians are proud of.

Also with regard to transparency, what we will see, not just in the changes to the Oceans Act in Bill C-55 but also in the changes in Bill C-68 to the Fisheries Act, and Bill C-69, is that our government is sticking to and increasing our commitment to provide transparency. In the Fisheries Act, for example, a registry is being created. This is to make sure Canadians have all the tools they need to understand what the government is doing so that they can hold us to account. It is also to make sure people who are doing projects, whether big or small, have certainty around timelines and the like. That is the kind of transparent work that our government continues to do on these important bills.

Bill C-68—Time Allocation MotionFisheries ActGovernment Orders

March 26th, 2018 / 4:15 p.m.


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Liberal

Dominic LeBlanc Liberal Beauséjour, NB

Mr. Speaker, we certainly recognize the importance of consultation with indigenous nations as we develop amendments to something as important to these communities, and to the people in these indigenous nations, as the Fisheries Act.

Two weeks ago, in my hon. colleague's province of British Columbia, I had the opportunity to meet with representatives of four of those indigenous nations. I am proud that over 200 indigenous groups submitted suggestions and ideas for amendments to the Fisheries Act during the consultative process our department undertook.

Some of the essential elements of Bill C-68 are deliberately designed to enhance that nation-to-nation partnership with indigenous people. For example, we are proposing new provisions in the Fisheries Act that would require the minister to consider adverse effects that decisions made under the act may have on the rights of the indigenous people of Canada. As affirmed by section 35, the minister would be obligated to consider, when making decisions related to fish habitat protection and pollution prevention, provisions in the act related to the traditional knowledge of the indigenous people of Canada. There are provisions to protect the confidentiality of the traditional knowledge provided to the government, except under very specific circumstances. There are provisions that would enable the minister to establish advisory panels, which would obviously include representatives of indigenous nations.

We think the legislation would modernize the nation-to-nation relationship our government is seeking to have with indigenous nations, which begins with the recognition of rights. That is something my colleagues, the Minister of Justice and the Minister of Crown-Indigenous Relations, have talked publicly and to the government about for many months. We think the legislation goes exactly in that direction.

Bill C-68—Time Allocation MotionFisheries ActGovernment Orders

March 26th, 2018 / 4:15 p.m.


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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, it is very rich that the minister stands here today and talks about our first nations. We just had an incredible ceremony for the Tsilhqot'in Nation in my riding. He talks about Bill C-68, his ministry, and how he and other ministers are willing to engage with first nations. The Liberals have a lawsuit with one of the largest first nations in the province of British Columbia, the Lax Kw'alaams, specifically over Bill C-68, and the other bill, Bill C-55, the lack of consultation, of listening, and the first nations assertion that the government is taking its direction from foreign ownership third party groups.

I want to offer the minister another chance to clarify his comments. We are standing today because the government is shutting down debate, not allowing the 338 members of Parliament from all sides to stand and voice their concerns for Bill C-68. Indeed, those who have some serious issues like the Lax Kw'alaams have now launched a lawsuit against the government.

Bill C-68—Time Allocation MotionFisheries ActGovernment Orders

March 26th, 2018 / 4:15 p.m.


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Liberal

Dominic LeBlanc Liberal Beauséjour, NB

Mr. Speaker, my colleague referenced owner/operator. As I said in my response to my colleague from Avalon, this policy has been an essential part of the economic opportunities afforded to coastal communities on the east coast in Atlantic Canada and in Quebec. We have been encouraged by representatives of fish harvesters from all provinces on the east coast to strengthen these measures. I hope the amendments we propose in Bill C-68 are part of that work.

With respect to the west coast, I, too, like our colleague from British Columbia, have met with representatives of fish harvesters on the west coast, including indigenous communities. They have talked to me about the importance of them gaining greater ownership of the instruments that will allow them to be much more in control of the economic development of their communities. It is certainly true of indigenous nations, and they have different rights to access the fish than perhaps others

However, I would be wide open to having a conversation with my colleague from Port Moody—Coquitlam, but also other colleagues from British Columbia, including those in my own caucus, about how some of the benefits of this policy could be applied to British Columbia. I do not pretend that it is as simple as installing those provisions directly in the legislation, but he talked about a consultative process. The legislation is deliberately designed to be permissive so should British Columbia and the industry there want to look at this kind of legislative instrument, the provisions in the bill would be there, and we would look forward to those conversations.

Bill C-68—Time Allocation MotionFisheries ActGovernment Orders

March 26th, 2018 / 4 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I want to say on the record parenthetically that I find the use of time allocation, as happening almost on a daily basis these days, to be quite shocking. I know that when in opposition, the Liberal Party promised not to use time allocation. It seems things were so bad under the previous government that being less bad is good enough for the Liberals. I do not think that is good enough really. However, I cannot resist the opportunity to ask the Minister of Fisheries, Oceans and the Canadian Coast Guard a question about his quite excellent legislation.

I am glad Bill C-68 is before us. We need it desperately. However, is he open to an amendment on a particular section that I was pleased and surprised to see, which is the barring of taking cetaceans into captivity? Would the minister be open perhaps to adding language so the bill that is now stuck in the Senate, Bill S-203, could have key elements incorporated into Bill C-68, in other words not just capturing but keeping or importing?

Bill C-68—Time Allocation MotionFisheries ActGovernment Orders

March 26th, 2018 / 1:50 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

moved:

That, in relation to Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and

That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Business of the HouseOral Questions

March 22nd, 2018 / 3:10 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, as we all know, members are here to work on behalf of their constituents, and we will focus on the priorities that Canadians sent us here to focus on.

This afternoon, we will continue debate on the Conservative opposition motion. Tomorrow, we will begin debate at second reading stage of Bill C-71 on firearms. We will resume this debate next Monday and Tuesday.

Tuesday we will resume second reading debate of Bill C-68, the fisheries legislation. Also, following question period that day, we will deal with the ways and means motion on the budget tabled earlier this morning. Finally, on Thursday, we will commence report stage and third reading of Bill S-5, on vaping.

I would like to remind colleagues that we will have Friday sitting hours for Holy Thursday next week.

Impact Assessment ActGovernment Orders

March 2nd, 2018 / 10:15 a.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I rise today on the traditional unceded territory of the Algonquin people, and thank them for their generosity. Meegwetch.

I also want to thank the hon. member for Davenport for splitting time with me. The circumstances are not those that led me to feel particularly relieved or happy, but I am grateful for the civility of giving me 10 minutes. Otherwise, I would not be able to speak at all, because of the egregious use of time allocation on an omnibus bill. I never expected to see omnibus bills with time allocation after the change in government.

This is three bills put together: the National Energy Board Act changed, the Navigation Protection Act changed, and the Environmental Assessment Act overhauled. The fourth piece that had been running along in tandem, through the great judgment of the Minister of Fisheries, is Bill C-68. It stands on its own, and it is an excellent piece of legislation.

However, with the time available to me, I am going to be able to speak only to the impact assessment piece of this omnibus bill, which I am afraid falls below any standard of acceptability and should trouble deeply any Liberal who stood in this place and voted against Bill C-38 in the spring of 2012. We stood together with every single Liberal MP and every single New Democrat against the destruction of decades of environmental law. How that process has been captured by the same mentality, values, and principles that led to Harper destroying these acts, so we now have a repackaged version of those same principles of eroding environmental assessment, is something that the Liberal caucus should try to figure out. I hope it will lead to changes in committee.

With the time available to me, I will quickly review my background in environmental law. I happen to be an environmental lawyer. It is an even weirder fluke that when I was 22 years old and a waitress and cook, I participated in the very first environmental assessment panel hearing in Canadian history, in 1976. It was in Cape Breton. It was about the Wreck Cove hydroelectric plant. I have participated in dozens since.

Ten years after that, I was in the office of the Minister of the Environment. I was actually a senior policy adviser, the person who took the quest from Environment Canada from a wonderful senior civil servant named Ray Robinson, who headed the Canadian Environmental Assessment Agency in those days, and we took to the Privy Council Office the request to legislate. Up until then, we had been operating under a guidelines order that required environmental reviews, but it was a bit uncertain in its full rubric. Some people thought it was a guideline and therefore was not binding. We got permission to legislate. Subsequently, I resigned from my job with the Minister of the Environment when the minister violated the environmental assessment review process guidelines in approving dams without permits.

This is just to say that I did not only recently come upon my commitment to proper and thorough environmental assessment in Canada. It is non-partisan and goes back decades.

Now, what happened under Bill C-38 was the repeal of our environmental assessment process and its replacement with a rather bogus process. We can compare Bill C-69 to the bogus process in Bill C-38 in 2012, or we can compare it to what is needed. It is all well and good for the federal Liberals to say to us today that they did a lot of consultation. It is true. There were 21 cities with public hearings, and over 1,000 people showed up to a superb expert panel on environmental assessment. The question before us today is why their recommendations were ignored.

I am going to read, one at a time, the recommendations that were ignored. There are many. In previous debate in this place, when the bill was first put forward, the Parliamentary Secretary to the Minister of Environment claimed I was wrong in my assertion, which I think is fact, that the environmental assessment expert panel was ignored. It is really important to understand the point of environmental assessment. I will just go back a bit and say that this is one of the pieces of Harper-think that have survived into Liberal-think.

Environmental assessment has never been about a green light or a red light, yes or no, or whether the project goes ahead or not. It is primarily a tool for good planning. In the entire history from 1976 to 2012, when Harper repealed the act, only two projects were ever given a red light. I will say that again. From 1976 to 2012, with the thousands of environmental reviews that were done, only twice did a federal-provincial environmental review panel say that a project was so damaging that it could not be mitigated and the panel had to say no.

It has primarily been about studying a process thoroughly, studying a project thoroughly, and deciding that we can mitigate the damage if only the proponent would agree to better scrubbers or change the location slightly. In the course of the review process, many projects were improved, the damages mitigated and reduced, and in the end a much better project was accepted. This has never been primarily about how to get to yes or no faster. That is what Harper thought, and apparently that thought process has somehow infested some ongoing decision-making process within government. An environmental assessment is about good planning.

Until 2012, the Environmental Assessment Act said that the purpose was to get in and review a project “as early as is practicable in the planning stages of the project and before irrevocable decisions are made”.

Let me quote what we heard from the expert panel on what an environmental assessment should contain. It did agree that it should be called “impact assessment”. That is one piece they could claim.

Page 5 states that the impact assessment authority “should be established as a quasi-judicial tribunal empowered to undertake a full range of facilitation and dispute-resolution processes.” This has been ignored. Members have heard about the expert panel the government sent around the country, with a thousand people participating and with 800 submissions. Their recommendation was not to have ad hoc panels where people are pulled in, with different projects always having different panels, but to develop expertise through a quasi-judicial tribunal. Ironically, this was also the advice from the red book Liberal platform of 1993.

The second point is to have time limits and cost controls that reflect the specific circumstances of each project, not the current one-size-fits-all approach, which was an innovation under Bill C-38. This is a key point. Projects need to be reviewed whether they are big or small. The effect of Bill C-38, which Harper brought in, is this. The previous era had seen approximately 4,000 projects a year reviewed, most of them with paper-screening exercises that did not take much time. After Bill C-38, the number shrank from 4,000 a year to fewer than 100 a year. The Liberals have gone with perpetuating the fewer than 100 a year. This is how they have done it, by ignoring this advice.

The panel stated that there should be a review when there are federal interests, and that “federal interests include, at a minimum, federal lands, federal funding and federal government as proponent, as well as”, and then there is a list: species at risk, fish, marine plants, migratory birds, indigenous issues, and so on.

This piece of legislation ignores anything except the project list. That was an innovation of Bill C-38. There are no law list reviews requiring that if the navigable waters act or the Fisheries Act requires a permit from the minister there be a review, and no requirement that when federal money is spent there be a review. That is the advice the government got from its expert panel, which it ignored.

The expert panel also said clearly that there should be no role at all for the National Energy Board, the Canadian Nuclear Safety Commission, or the offshore petroleum boards. It pointed out that “the federal system prior to 2012 had decades of experience with delegating final decision-making to the Canadian Nuclear Safety Commission...and the [NEB]” without those agencies meddling in the environmental assessment.

What is happening under Bill C-69 is like a shell game. We are told it is one independent agency, except that when it is reviewing pipelines the panel must be comprised of people who are sitting members of the NEB, now called the Canadian energy regulator. If they are reviewing offshore petroleum operations in Atlantic Canada, the panel members must come from the offshore petroleum boards, which by legislation are required to expand offshore oil. It is an embedded conflict of interest in the legislation.

The atrocities continue, with respect to indigenous rights. How is it that the Minister of Fisheries can put before us Bill C-68, which has strong language to protect indigenous rights? Bill C-68, in section 2.3, “Rights of Indigenous peoples of Canada”, makes it clear that the act cannot derogate from indigenous rights. Section 2.4 states that it is the duty of the minister when making a decision to “consider any adverse effects” on the rights of indigenous peoples.

This piece of over-discretionary political masquerading of environmental assessment in Bill C-69 merely states that “the impact that the designated project may have on any Indigenous group” is a factor to be considered. As a former litigator, I can tell members that the courts do not regard indigenous rights as a factor to be considered as protecting indigenous rights.

This bill gets an F. At committee, let us please get it to a C+.

Bill C-69—Time Allocation MotionImpact Assessment ActGovernment Orders

February 27th, 2018 / 10:20 a.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I must say I am astonished that the minister is so unfamiliar with the content of the bill she is attempting to rush through the House on this day. This is an omnibus bill, but it is not, as she claims, a bill that brings together four pieces of legislation. If she were aware, Bill C-68 is the Fisheries Act and it was not lumped together with Bill C-69, which is an omnibus bill and requires proper study. It is offensive. If it were good legislation, I might get behind rushing it through, but it is decidedly not good legislation and it must not be rushed. Bill C-68 is good legislation and the fisheries minister, lucky for him, does not have to wear the rest of this package of hybrid Harper-Liberal strategy that will make a mess of our environmental assessment.

Here is some gender analysis on this day that we are expecting a gender budget. For an omnibus bill including legislation that would normally be presented by the male Minister of Transport and another piece of legislation that would normally be presented by the male Minister of Natural Resources, why does she suppose they picked the Minister of Environment and Climate Change to wear the whole thing? They are eroding her political capital by having an omnibus bill where she is the only target.

Bill C-68—Notice of time allocation motionFisheries ActGovernment Orders

February 26th, 2018 / 5:50 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Madam Speaker, an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the second reading stage of Bill C-68, an act to amend the Fisheries Act and other acts in consequence.

Under the provisions of Standing Order 78(3), I give notice that a minister of the crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Impact Assessment ActGovernment Orders

February 14th, 2018 / 6:50 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I want to pursue something. Bill C-69 is an omnibus bill changing three bills. I should stress that Bill C-68 on the Fisheries Act gets it exactly right and keeps the promise to restore lost protections. Bill C-69 does not.

What we keep hearing from the government side is that there was listening and there was a great deal of consultation. There was a great deal of consultation, but there was not much listening. We had two high-powered expert panels convened by the Liberal government, one on environmental assessment and one on the National Energy Board. Both expert panels gave detailed advice for what should take place.

There was no formal response, ever, to those high-powered, and I imagine high-priced, efforts that had cross-country hearings. Their recommendations were not heeded at all in what we have here. I could detail the many ways in which they were not.

Perhaps the hon. member could explain to me why the government commissioned two expert panels to tour the country and provide advice, if it intended to give it no weight whatsoever in drafting new legislation.

Impact Assessment ActGovernment Orders

February 14th, 2018 / 4:55 p.m.


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Ottawa Centre Ontario

Liberal

Catherine McKenna LiberalMinister of Environment and Climate Change

moved that Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, be read the second time and referred to a committee.

Mr. Speaker, before I begin, I wish to acknowledge that we are all on the traditional territory of the Algonquin and Anishinabe peoples. On this historic day, the Government of Canada has committed to developing a new recognition and implementation of an indigenous rights framework.

I stand here today to address this chamber in support of Bill C-69, a legislative initiative that is a key priority of our government. We are keeping our promise to Canadians. We are putting in place better rules to protect our environment and build a stronger economy. After 14 months of hearing from provinces and territories, indigenous peoples, companies, environmental groups, and Canadians from coast to coast to coast, we are making real changes.

Bill C-69 aims to restore public trust in how the federal government makes decisions about major projects, such as mines, pipelines, and hydro dams. These better rules are designed to protect our environment while improving investor confidence, strengthening our economy, and creating good middle-class jobs. They will also make the Canadian energy and resource sectors more competitive. We are working to build on Canada's strong economic growth and historic job numbers.

Today we are keeping our promise to Canadians. We are putting in place better rules to protect our environment and build a stronger economy. After 14 months of hearing from provinces and territories, indigenous peoples, companies, environmental groups, and Canadians across the country, we are making real changes. The legislation we are introducing today aims to restore public trust in how the federal government makes decisions about major projects, like mines, pipelines, and hydro dams. These better rules are designed to protect our environment while improving investor confidence, strengthening our economy and creating good middle-class jobs. They will also make the Canadian energy and resource sectors more competitive. We are working to build on Canada’s strong economic growth and historic job numbers.

Our government understands the importance of the resource sector to our economy. Over $500 billion in major resource projects are planned across Canada over the next decade. These projects would mean tens of thousands of well-paying jobs across the country and provide an economic boost for nearby communities and our economy as a whole, but we cannot get there without better rules to guide our decisions around resource development. Unfortunately, the Harper government gutted environmental protections and made changes to the environmental assessment process that eroded public trust in how decisions are made.

Unfortunately, the Harper government gutted environmental protections and made changes to the environmental assessment process that eroded public trust in how decisions are made.

Canadians became concerned that project approvals were based on politics rather than robust science. There were concerns that changes were putting our fish, waterways, and communities at risk and we are not taking into account the climate impacts of projects. They were also concerned that the views of communities and indigenous peoples were not being heard. This lack of trust resulted in polarization and paralysis. Projects stalled and resource development became a lightning rod for public opposition and court challenges. Billions of dollars of investment were put in jeopardy, raising concerns for investors and shareholders. Ironically, the Harper government's changes made it a lot more challenging for good projects to get built. Weaker rules hurt both our environment and our economy.

Since we formed government, we have worked very hard to restore public trust while providing certainty to business. In January 2016, we introduced interim principles to guide how our government would review proposed major projects until we could put better rules in place. We knew we could not keep approving projects under the Harper government's flawed rules, but we also knew that we could not put our economic development on hold for two years while we worked on the new rules.

Our recent principles were the first part of delivering on one of our high priority platform commitments: to review and fix Canada's environmental assessment process and to restore confidence in how decisions about resource development are made. Those interim principles made it clear that decisions would be based on robust science, evidence, and indigenous traditional knowledge; that we would listen to the views of Canadians and communities that could be affected by proposed projects; that indigenous peoples would be consulted in a meaningful and respectful manner; that decisions would take into account the climate impacts of proposed projects; and that no project already under review would be sent back to the starting line.

Our government did not stop at the interim principles. In November 2016, we also announced a $1.5-billion oceans protection plan. Through that historic investment we are creating a world-class marine safety system while protecting our coastlines and clean waters for generations to come. Then in the summer of 2016, after a year of negotiations with provinces, territories, and indigenous leaders, we announced the first ever made-in-Canada climate plan. Our national climate plan builds on the actions of provinces and territories and provides a clear road map as to how we will cut carbon pollution and move together toward a cleaner future.

Using the interim principles, and building on the foundations of our oceans protection plan and climate action plan, we moved forward with approving new major projects worth billions of dollars to the Canadian economy and thousands of good middle-class jobs across the country. These projects are clearly in the national interest, and because of the steps we have taken to date, we are confident they can be built in a way that protects our environment and communities. We are committed to seeing them built.

The better rules outlined in Bill C-69 build on improvements we have already made and on the feedback that we received from Canadians over the last 14 months. We heard loud and clear that Canadians want a modern environmental and regulatory system that protects the environment, supports reconciliation with indigenous peoples, attracts investment, and ensures that good projects go ahead in a timely way to create new jobs and economic opportunities for the middle class. We heard from investors and project proponents that they want a clear, predictable, and timely process. That is what our better rules provide.

First, these better rules will rebuild trust. When it comes to resource development, we cannot get very far if people do not trust the rules and the way governments make decisions. The same goes for companies. They need to know what is expected of them from the start and that the process will be predictable, timely, and evidence-based. That is why our top priority with the changes we are proposing is increasing transparency and rebuilding trust.

To rebuild trust, we will increase public participation in project reviews so that Canadians can help shape the project design, provide input into the project plan, and assess the science used to make decisions. We will create a new early engagement phase, to ensure that indigenous peoples’ rights are recognized and respected, and that we work in partnership from the outset; and that communities will have their voices heard from the start.

We will create a single agency, the Impact Assessment Agency of Canada, that will lead all impact assessments for major projects, to ensure the approach is consistent and efficient.

The impact assessment agency of Canada will work with and draw expertise from other bodies, such as the Canadian energy regulator, which is currently the National Energy Board, the Canadian Nuclear Safety Commission, and offshore boards, but the final decision on major projects will rest with me or with the federal cabinet, because our government is ultimately accountable to Canadians for the decisions we make in the national interest.

Second, decisions on projects will be transparent and guided by robust science, evidence, and indigenous traditional knowledge. We will also increase Canadians' access to the science and evidence behind project proposals and make easy-to-understand summaries of decisions publicly available.

Third, we are expanding project reviews to assess what matters to Canadians. The new impact assessment will look at a project's potential impacts, not just on the environment but also its health, social, gender, and economic impacts over the long term as well as the impacts on indigenous peoples. We will also evaluate projects against our environmental obligations and national climate plan.

Fourth, we will advance Canada's commitment to reconciliation and get to better project decisions by recognizing indigenous rights and working in partnership from the start. We will make it mandatory to consider indigenous traditional knowledge alongside science and other evidence. Indigenous jurisdictions would have greater opportunities to exercise powers and duties under the new impact assessment act, and we would increase the funding available to support indigenous participation and capacity development relating to assessing and monitoring the impacts of projects.

Fifth, project reviews will be completed through a timely and predictable process. The new early planning and engagement phase would provide clarity on what is required and more certainty about the process ahead. Shorter legislated timelines for the project review phase will be rigorously managed to keep the process on track. A more efficient and predictable process will lead to more timely decisions.

Finally, we will streamline the process and coordinate with the provinces and territories to reduce red tape for companies and avoid duplicating efforts in reviewing proposed projects. Our goal is one project, one review.

We have also announced that we are seeking Canadians' feedback on how we will change the project list regulations that define the types of projects that would be subject to impact assessment. The project list aims to make it easier for everyone to understand when the new rules will apply, providing certainty that both Canadians and companies need and expect.

The Harper government's project list was a grab bag of projects developed in a non-transparent way, and based on political motives, not the public interest. The project list is meant to identify the types of projects that pose significant risks to the environment in areas that fall under federal jurisdiction. These projects will always require federal review.

We want to hear from Canadians on the criteria to revise the project list to ensure that they are more robust and effective and that they include criteria such as environmental objectives and standards for clean air, water and climate change.

The new rules outlined in Bill C-69 must undergo a thorough review in the House and the Senate until they come into effect. Existing laws and interim principles for project reviews will continue to apply to projects under review.

In terms of changes to other statutes as part of our government's regulatory review, we are also proposing changes to the Canadian Navigable Waters Act, and in Bill C-68, to the Fisheries Act, as was announced by the Minister of Fisheries, Oceans and the Canadian Coast Guard last week. These changes would better protect waterways, fish, and fish habitat.

The Canadian Navigable Waters Act will restore navigation protection for every navigable waterway in Canada. Changes to the Fisheries Act will add important new safeguards for our fisheries, including measures to rebuild damaged fish stocks and restore degraded habitat, ensuring that our fisheries and environment are protected for future generations.

Of course, none of these proposed changes mean much without providing the extra capacity needed to deliver on our commitments. That is why we are investing up to $1 billion over five years to support the proposed changes to impact assessments and the Canadian energy regulator; increased scientific capacity in federal departments and agencies; changes required to protect water, fish, and navigation; and increased indigenous and public participation.

I am extremely proud today that we are delivering on one of our major campaign promises. I want to thank Canadians from coast to coast to coast for all of their valuable input which will help ensure better rules to make our environment and grow the economy.

We know that the changes we are announcing today in Bill C-69 will not satisfy everyone. People who tend to distrust business and want no project to go ahead will say we are doing too little to protect our environment. Those who want every project to go ahead whatever the environmental cost will say we are doing too little to support resource development. However, the better rules we are announcing today in Bill C-69 reflect what we have heard overwhelmingly and consistently from Canadians over the past year and a half.

Canadians want a modern environmental and regulatory system that protects the environment, supports reconciliation with indigenous peoples, attracts investment, and ensures good projects can go ahead, which creates middle-class jobs and grows our economy. Canadians understand that better rules will make us more competitive, not less. Canadians understand that the environment and the economy go together.

Business of the HouseOral Questions

February 8th, 2018 / 3:05 p.m.


See context

Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, this afternoon, we will continue our debate on the NDP opposition motion. Tomorrow, we will resume third reading debate of Bill C-50 on political financing.

Monday and Thursday of next week shall be allotted days. On Tuesday, we will start second reading debate on Bill C-68, the fisheries legislation. On Wednesday, we will call the environmental assessment bill, which was introduced this morning.