Bill C-49 (Historical)

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

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 29th, 2024 / 3:45 p.m.

The Deputy Speaker Chris d'Entremont

I declare the motion carried.

(Bill read the third time and passed)