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An Act to amend the Canada—Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to other Acts

This bill is from the 44th Parliament, 1st session, which ended in January 2025.

Sponsor

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 Canada–Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act to, among other things,
(a) change their titles to the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act and the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act , respectively;
(b) change the names of the Canada–Newfoundland and Labrador Offshore Petroleum Board and the Canada-Nova Scotia Offshore Petroleum Board to the Canada–Newfoundland and Labrador Offshore Energy Regulator and the Canada–Nova Scotia Offshore Energy Regulator, respectively (“the Regulators”);
(c) establish the Regulators as the regulating bodies for offshore renewable energy projects;
(d) establish a land tenure regime for the issuance of submerged land licences to carry out offshore renewable energy projects, as well as the revenues regime associated with those licences and projects;
(e) establish a ministerial decision-making process respecting the issuance of submerged land licences and the Regulators’ exercise of certain powers or performance of certain duties;
(f) expand the application of the safety and environmental protection regime and its enforcement powers to include offshore renewable energy projects;
(g) provide that the Governor in Council may make regulations to prohibit the commencement or continuation of petroleum resource or renewable energy activities, or the issuance of interests, in respect of any portion of the offshore area that is located in an area that has been or may be identified as an area for environmental or wildlife conservation or protection;
(h) authorize negotiations for the surrender of an interest, the cancellation of an interest if negotiations fail and the granting of compensation to an interest owner for the surrender or cancellation;
(i) establish the regulatory and liability regime for abandoned facilities relating to petroleum-related works or activities or offshore renewable energy projects;
(j) expand the application of the occupational health and safety regime to offshore renewable energy projects;
(k) allow the federal or provincial governments to unilaterally fund certain expenses incurred by the Regulators as a result of specific requests made by that government;
(l) allow new methods to demonstrate the existence of significant hydrocarbon accumulations in a geological feature and limit the duration of future significant discovery licences to 25 years;
(m) provide that the Governor in Council may make regulations to regulate access to offshore infrastructure, including to enforce tolls and tariffs;
(n) establish a new transboundary hydrocarbon management regime to regulate fields or pools that straddle domestic and international administrative boundaries, enabling the implementation of the Canada-France transboundary fields agreement;
(o) remove references to the former Canadian Environmental Assessment Act, 2012 and, to align with the Impact Assessment Act , clarify the role of the Federal and Provincial Ministers and Regulators with respect to the conduct of impact assessments of designated projects as well as regional and strategic assessments; and
(p) specify that the Crown may rely on the Regulators for the purposes of consulting with the Indigenous peoples of Canada and that the Regulators may accommodate adverse impacts to existing Aboriginal and treaty rights recognized and affirmed by section 35 of the Constitution Act, 1982 .
Finally, it makes consequential and terminological 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-49s:

C-49 (2017) Law Transportation Modernization Act
C-49 (2014) Price Transparency Act
C-49 (2012) Canadian Museum of History Act
C-49 (2010) Preventing Human Smugglers from Abusing Canada's Immigration System Act

Votes

May 29, 2024 Passed 3rd reading and adoption of Bill C-49, An Act to amend the Canada—Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to other Acts
May 29, 2024 Failed Bill C-49, An Act to amend the Canada—Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to other Acts (recommittal to a committee)
May 27, 2024 Passed Time allocation for Bill C-49, An Act to amend the Canada—Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to other Acts
May 2, 2024 Passed Concurrence at report stage of Bill C-49, An Act to amend the Canada—Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to other Acts
Oct. 17, 2023 Passed 2nd reading of Bill C-49, An Act to amend the Canada—Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to other Acts
Oct. 17, 2023 Failed 2nd reading of Bill C-49, An Act to amend the Canada—Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to other Acts (reasoned amendment)
Oct. 16, 2023 Passed Time allocation for Bill C-49, An Act to amend the Canada—Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to other Acts

Debate Summary

line drawing of robot

This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-49 aims to amend existing legislation regarding offshore petroleum resources in Newfoundland and Labrador, and Nova Scotia. The amendments would extend the regulatory framework to include offshore renewable energy projects, such as wind power. However, some critics argue that the bill incorporates problematic elements from the Impact Assessment Act, potentially hindering both traditional and renewable energy development, and raising concerns about adequate consultation with stakeholders like fish harvesters.

Liberal

  • Supports offshore renewable energy: The Liberals are strong supporters of Bill C-49, which enables the development of offshore renewable energy by expanding federal-provincial regulatory regimes in Newfoundland and Labrador and Nova Scotia. This will create opportunities in the clean economy, especially for offshore wind electricity and green hydrogen.
  • Provincially-led project: The bill has the support of the provincial governments of both Newfoundland and Labrador and Nova Scotia, including premiers Andrew Furey and Tim Houston. The legislation enables existing offshore petroleum boards to approve offshore wind projects, avoiding the need to duplicate regulators.
  • Economic and job growth: The legislation is expected to bring billions in investment and create jobs in Atlantic Canada. This is a national opportunity to ensure people have opportunities to stay home in Atlantic Canada and have a good job in a good industry.
  • Environmentally sound: The bill will ensure ongoing engagement with the Impact Assessment Agency of Canada and with fishing groups to identify ocean parcels appropriate for offshore wind development. This will ensure that the environment and the fishing industry are protected.

Conservative

  • Bill lacks consultation: The Conservatives argue that Bill C-49 lacks genuine consultation with industry stakeholders, fish harvesters, and residents, particularly in Atlantic Canada. They claim the bill doesn't reflect the concerns and feedback from those most affected, contrasting it with what they believe is good legislation based on the input of impacted parties. They highlight the importance of incorporating stakeholders' voices through amendments and due diligence to improve the bill.
  • Economic potential squandered: The Conservatives express frustration that Atlantic Canada's economic potential is being squandered. They claim the government's policies hinder the development of resources and place undue power in the hands of the minister, potentially vetoing beneficial projects. They argue the region feels ignored and marginalized by the federal government.
  • Flawed references to C-69: The Conservatives criticize Bill C-49 for being built on the back of Bill C-69, which has been deemed unconstitutional by a federal court. They suggest that the Liberals should reconsider the bill to avoid similar legal problems and address concerns raised by stakeholders. The bill's references to the Impact Assessment Act (Bill C-69) creates regulatory uncertainty and potential legal challenges.
  • Fishing industry concerns: The Conservatives emphasize the concerns of the fishing industry regarding the impact of offshore wind energy expansion. They highlight the limited ocean space and the potential displacement of fish harvesters, advocating for amendments to protect livelihoods and ensure meaningful consultation.
  • Offshore petroleum threatened: The Conservatives express concern that Bill C-49 could harm the offshore petroleum industry in Atlantic Canada. They quote an expert who believes the bill could ring the "death knell" for future oil and gas developments due to uncertainty and the potential for projects to be retroactively banned. The bill creates a regulatory environment that discourages investment in the offshore oil and gas sector, which is vital to Newfoundland's economy.

NDP

  • Supports clean energy transition: The NDP supports Bill C-49 as a first step toward clean energy. They emphasize the economic potential and the need to modernize the grid to incorporate renewable energy sources, while noting that Canada lags behind other countries in this transition.
  • Need for federal leadership: The NDP calls for federal leadership and investment to enable clean energy projects across Canada. They criticize the lack of meaningful investment in modernizing the electrical grid under previous Conservative and current Liberal governments.
  • Protecting fisheries paramount: The NDP emphasizes the importance of protecting the fisheries and urges provinces to work with stakeholders to ensure that any new projects are developed with recognition of the need to protect them. They express concern for the fishing industry and the need for a jobs plan for impacted fishers.
  • Climate crisis requires action: The NDP emphasizes the urgency of addressing the climate crisis and the need for faster policy action by governments. They highlight the potential of Atlantic Canada to become a world leader in low-cost energy through offshore wind and green hydrogen, urging the government to step up and provide the necessary frameworks and investments.

Bloc

  • Bill not about renewables: The Bloc argues that Bill C-49, while presented as promoting renewable energy, is fundamentally flawed because it does not prioritize renewable energy over fossil fuels. They believe Canada is trapped in the oil industry's influence, hindering a genuine energy transition.
  • Amendments rejected: The Bloc proposed amendments to prioritize renewable energy and gradually phase out oil and gas, but these were rejected by the government. They sought to prevent new oil and gas projects and establish a regulatory system for offshore renewable energy, but the government was against this approach.
  • Lack of expertise: The Bloc raised concerns that the regulators responsible for offshore energy activities lack expertise in renewable energy, focusing instead on fossil fuel projects. Amendments to develop the necessary expertise for renewable energy projects were also rejected, indicating a lack of commitment to a genuine energy transition.
  • Inconsistent approach: The Bloc criticizes the government's double standard in protecting marine biodiversity, promoting offshore oil development while imposing strict regulations on the fishing industry. They advocate for abandoning offshore oil and gas exploration and development, following Quebec's example, to genuinely protect marine ecosystems.
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Canada-Newfoundland and Labrador Atlantic Accord Implementation ActGovernment Orders

May 27th, 2024 / 11 p.m.

Conservative

Martin Shields Conservative Bow River, AB

Mr. Speaker, my colleague is from the area of the heartland in Alberta. He knows it well and knows how development can happen there.

What has the member seen when development works? What could happen elsewhere in this country? What optimism does he have for what our country could be if it was developed like the heartland in his constituency?

Canada-Newfoundland and Labrador Atlantic Accord Implementation ActGovernment Orders

May 27th, 2024 / 11 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, the member for Kingston and the Islands has to be loud to make up for the absence of other colleagues who are able to say anything in the House. I want to credit the member. He speaks when nobody else is here, and he is carrying more water than some.

In response to my colleague, absolutely the industrial heartland is a critical example of the benefits of energy-related manufacturing, and my riding is a real hub of that. Of course, it covers some parts of other ridings. I am very proud of the industrial heartland, what it has been, and I can only see the growth in potential when we finally have a federal government that is actually supportive of our energy sector.

Canada-Newfoundland and Labrador Atlantic Accord Implementation ActGovernment Orders

May 27th, 2024 / 11 p.m.

Conservative

Marc Dalton Conservative Pitt Meadows—Maple Ridge, BC

Mr. Speaker, it is good to be here this time of the night, and I do want to congratulate Lin Paddock, who won the Baie Verte—Green Bay by-election in Newfoundland. Kudos to him, a progressive Conservative, as he won with an almost 80% victory. Actually, two years ago, in a by-election, he had 48%. The Liberals went from 52% to 24%. So that is Newfoundland, the Maritimes, but there has been a plethora of polls the past year that have the Liberals trailing. I know that we do not count our chickens before they hatch, but this one did hatch this evening. I think that the Liberals and the NDP should get this message that they are out of touch with Newfoundlanders, Maritimers, British Columbians and everyone in between. What is the problem? Is it just because people like the change of colour? No, the issue is that the Liberals' policies are hurting Newfoundlanders, Maritimers and all Canadians. They are putting a squeeze on Canadians.

Now, the member for Kingston and the Islands just finished talking about bringing down inflation. Well, he fails to recognize that all those past number of years when inflation was extremely high have not gone away, and Canadians are struggling to pay for the increases that have been happening because of the out-of-control spending.

I have been in Newfoundland. I was in Labrador once in Goose Bay in 2016. I was very impressed. I went to St. John's, rented a car, went down the Avalon Peninsula, and I was surprised at the wealth. I saw a lot of construction, a lot of nice houses and it is a beautiful part of the country. It has been transformed from a have-not to a have province. However, that was in 2016, and already there were starting to be some problems. With the anti-energy policies of the Liberals, the Newfoundlanders and the Maritimers had a lot of flights going directly to Fort McMurray, but their policies squeezed that and those direct flights and that income were cut off, which has hurt. So, a tip for the government is that it should listen to the Conservatives, which might help it a little bit, because we are listening to the people of Canada.

However, the problem that we have with Bill C-49 is that it is essentially just going to be adding more regulations and more red tape to an already cumbersome, if not impossible, process. Yes, it is pretty much impossible to get projects approved in Canada, and that is very unfortunate.

I think the comments from the member from Nova Scotia a little earlier bear repeating, about the tidal project in the Bay of Fundy that was ready to roll. It was tested, they were bringing electricity into Nova Scotia, and then it got cut off. It got cancelled by the Liberal Department of Fisheries.

This is a prime, and incredible, example of a potential project that could have been a reality with green energy, yet the Liberals cancelled it. It is just contrary. Looking at this bill, the Liberals are saying that it is pro-renewable energy. They had something right in their hands that could have gone forward and would have supplied hundreds of megawatts, and it was just cancelled. This is what the Liberals will also be doing with these other projects.

I am from British Columbia. We saw similar things happen for energy that is clean, for example the LNG. The presidents of Germany and Japan wanted LNG and wanted production because of the invasion of Ukraine and their source of energy from Russia being cut off. They said that they needed it.

The Prime Minister's response was to see if there was a business case. That was basically flipping the bird. Then they went to Qatar, which is a sponsor of many terrorist organizations. This is something that we could have gotten. These are jobs. The biggest private project in history is happening right now in Prince Rupert, the LNG. That was approved under the Harper Conservative government. It reduces global emissions worldwide.

However, the Liberals have blocked everything else from happening. They talk about consultation with indigenous people. The northern gateway project was supported by all the different first nations along the route. The Liberals thought about it and asked what they were going to do there. The first nations wanted it, but what were they going to do? They decided to find a few elders who were not even part of the leadership and put everything upon them.

Then the Liberals cancelled the project because those elders were against it, even though the first nations, the Wet'suwet'en First Nations and everyone else, wanted it. The Liberals blocked it. This is just a sham, as far as what the Liberals say toward the first nations, that they really want to consult and work with them. This is just a way to block and not allow first nations and Métis people to really benefit.

As far as the energy projects, it seems what the Liberals are really just building more regulations, more red tape and more bureaucracy. The commissioner of the environment and sustainable development worked with the Auditor General to do a study on the net-zero accelerator initiative, a $7.4-billion project. Their conclusion was that there was no due diligence happening. They could not even determine if emissions would go down. The contracts were not clear. It is just a mess.

It is the same thing with the $1-billion green slush fund. The Liberals appointed Liberals to a board, and those Liberals directed hundreds of millions of dollars to their own personal companies. This is the type of mess that we are facing here in Canada. It is all about what is in it for me, or what is in it for the Liberals. We saw that with the WE Charity, where the Prime Minister's family got significant money for contracts. We saw that with former Liberal MP Frank Baylis with the COVID contracts. We see it all the way through.

We just have to question if that is the Liberal objective, to build bureaucracy and build more opportunities to give money to their friends and family.

Canada-Newfoundland and Labrador Atlantic Accord Implementation ActGovernment Orders

May 27th, 2024 / 11:10 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, I have asked the member this question a number of times, and he neglects to ever really answer it. It is about the fact that he was an MLA in British Columbia when the carbon tax was introduced, and he voted in favour of it. He is on the record having voted for it.

Now, he will not answer the question. I have asked it of him many times before. What I really want to know is, is it awkward? Is it awkward to have voted in favour of it, and then to come here and pretend to be against it? Does the member sleep well at night knowing that he is such a giant hypocrite?

Canada-Newfoundland and Labrador Atlantic Accord Implementation ActGovernment Orders

May 27th, 2024 / 11:10 p.m.

Some hon. members

Oh, oh!

Canada-Newfoundland and Labrador Atlantic Accord Implementation ActGovernment Orders

May 27th, 2024 / 11:10 p.m.

The Deputy Speaker Chris d'Entremont

I think the hon. member will have to withdraw that hypocrite statement. Would the hon. member mind retracting that one?

Canada-Newfoundland and Labrador Atlantic Accord Implementation ActGovernment Orders

May 27th, 2024 / 11:10 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, I will retract “hypocrite” and replace it with “the hypocrisy of it”.

Canada-Newfoundland and Labrador Atlantic Accord Implementation ActGovernment Orders

May 27th, 2024 / 11:10 p.m.

Some hon. members

Oh, oh!

Canada-Newfoundland and Labrador Atlantic Accord Implementation ActGovernment Orders

May 27th, 2024 / 11:10 p.m.

The Deputy Speaker Chris d'Entremont

Why does this happen every time? The hon. member starts and creates his problem in the late night on this one.

The hon. member for Kingston and the Islands is rising on a point of order.

Canada-Newfoundland and Labrador Atlantic Accord Implementation ActGovernment Orders

May 27th, 2024 / 11:10 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, if you deem the name “hypocrite” to be offensive, I appreciate that, and I withdraw it, but I just want to know this: Does the hypocrisy really bother him?

Canada-Newfoundland and Labrador Atlantic Accord Implementation ActGovernment Orders

May 27th, 2024 / 11:10 p.m.

Some hon. members

Oh, oh!

Canada-Newfoundland and Labrador Atlantic Accord Implementation ActGovernment Orders

May 27th, 2024 / 11:10 p.m.

The Deputy Speaker Chris d'Entremont

Order.

I said to retract it, and that was all I needed, but the hon. member wanted to replace it.

The hon. member for Calgary Rocky Ridge is rising on a point of order.

Canada-Newfoundland and Labrador Atlantic Accord Implementation ActGovernment Orders

May 27th, 2024 / 11:10 p.m.

Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Mr. Speaker, the chair occupant has made a precedent on this, and it is incumbent on you to restore order in this place and to name the member.

Canada-Newfoundland and Labrador Atlantic Accord Implementation ActGovernment Orders

May 27th, 2024 / 11:10 p.m.

The Deputy Speaker Chris d'Entremont

The hon. member for Calgary Rocky Ridge is rising on a point of order.

Canada-Newfoundland and Labrador Atlantic Accord Implementation ActGovernment Orders

May 27th, 2024 / 11:10 p.m.

Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Mr. Speaker, the member has still not been brought to order. Bring him to order. Name him. If he will not—