44th Parl. 1st Sess.
May 27, 2024 11:00AM
Madam Speaker, I look forward to resuming my speech and to hearing what my colleague from Mission—Matsqui—Fraser Canyon has to say, as I am splitting my time with him today.
I work on the natural resources committee, and we are the ones who went through the study of this bill. From that perspective, in my speech before, I was setting the record straight, because there was some misrepresentation as to how we went through the entire process of the bill.
Having gone through it, as I had said, and I will say it again today, the Liberal government has made a mess and it continues to refuse to clean it up. It did that with its Impact Assessment Act, which the Supreme Court said was unconstitutional, and now those same Liberals are once again right on track to interfere with local industry and provincial jurisdiction.
In this case, we are talking about the Atlantic fishing industry. We have heard from many fishing groups that are deeply concerned about a lack of consultation and a lack of protection for their livelihood. They do not feel that enough has been done to rule out the potential for major irreversible damage to their industry. The government is ignoring them, but we need to hear what they have to say for themselves. I am going to continue sharing what a few more witnesses told us at committee.
Michael Barron, from the Cape Breton Fish Harvesters Association, said:
In an industry that is a major economic driver for Nova Scotia, the lack of consultation has not gone unnoticed by all fish harvester associations throughout Nova Scotia.
Dr. Kris Vascotto, from the Nova Scotia Fisheries Alliance for Energy Engagement, said:
Historically, members have relied on the federal government to protect the interests and viability of their enterprises. They have worked to support science and refine rules for the fishery, and they have tried to be part of the solution. In turn, they rely on the government to make good decisions.
Perhaps this is why members are surprised and dismayed by the content of the bill before you. Collectively, we understand that, as a planet, we are facing profound challenges related to climate change risk, and we realize that we all have an important role in finding a viable solution. However, rushing poorly thought-out legislation to govern an industrial marine development that remains largely in an experimental stage for Atlantic waters and lacks proper safeguards to ensure a viable and resilient coastal economy is myopic.
There are some important things that so many fishing groups mention consistently. They made it clear that they were absolutely not against renewable or wind energy per se, but they wanted acknowledgement that there were still many unknown factors and potentially negative impacts on ocean wildlife and their ecosystems. If that happens, it would devastate their industry and it may not be reversible. There is a witness who addressed this concern.
Dr. Kevin Stokesbury, dean of the School for Marine Science and Technology, shared his thoughts at the committee. He said:
Developing the wind farms will add hard structure, thousands of small islands, throughout these areas, islands that pull energy out of the system. This will change the environment: the sea floor makeup, the current structure, the acoustics both during construction and operation, and the electromagnetic field. All these will impact the associated flora and fauna of the areas. This will happen on the scales of the individual turbine, which is centimetres to kilometres; the wind farm fields, from tens to hundreds of kilometres; and the entire eastern seaboard. It will affect the fisheries. Some will be able to harvest within the wind farms; some will not. All will have to navigate through or around them.
Right now, some wind farms are beginning to monitor the marine environment and the animals associated with them, but it is a disjointed effort. There is no overall framework to coordinate the different scientific research or push for broader ecosystem understanding.
What we have heard from local witnesses in Atlantic Canada is that Bill C-49 has been rushed and lacks the necessary safeguards for the fishing industry.
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- May/27/24 1:28:42 p.m.
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Madam Speaker, our desire in committee was to ensure that we passed a bill that was constitutional. When the bill came to us, it had over 35 direct references to the unconstitutional Impact Assessment Act, and the government gave us no timeline as to when it would deal with that. Therefore, to us, it seemed absolutely pressing and urgent to ensure that we passed a bill that was constitutional.
The Liberals and the NDP wanted none of it, so we ensured that we would set out to get a bill that would be constitutional so that investors in the wind industry would have absolute certainty and confidence when they looked to make proposals on building their industry.
Also, we want to ensure that the current users of the waters, the fishers, have the certainty they need so that their industry can continue and flourish. We do not need these two industries combatting each other. There needs to be a way to figure out if they can coexist, and this bill would provide no certainty for that.
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Madam Speaker, my ears are burning with nonsense.
Let me recount a story from British Columbia. One of the first decisions of the NDP-Liberal government was to approve LNG in Canada. Why did the government rush to approve LNG off the coast of British Columbia? It was because it would not be subject to the constitutional discrepancies in the bill before us today. Bill C-69 effectively shut down resource exploration, development and exportation in Canada. That is why the NDP-Liberal government did not include the carbon tax when they approved that bill. That is why they did not subject the largest private sector investment to their unconstitutional laws.
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Madam Speaker, I thank the member for Calgary Nose Hill for a pretty novel critique of the bill that we have in front of us and the amendment that has been put forward by her party. I have not followed this as closely as some, but it would seem that, if there were infringements into provincial jurisdiction, that premiers, such as the Premier of Nova Scotia and the Premier of Newfoundland, would be concerned about that. I would also note that my understanding is that the Supreme Court ruling ruled that Bill C-69 was unconstitutional as far as it infringes into areas of provincial jurisdiction, and that offshore, of course, is clearly a federal jurisdiction. When we talk about offshore projects, they do fall under federal jurisdiction.
However, my question is really around the timing, and the member noted the timing. The Supreme Court ruling came out in October of last year, and the bill before us was in committee starting in January. I did not follow the committee hearings as I have two other committees I have to track. I am curious if these arguments came up at committee, and if so, what the response was, particularly by government witnesses or department officials who appeared at committee. This is out of honest curiosity.
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- May/27/24 9:32:08 p.m.
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Madam Speaker, I will be partisan for a minute. To me, and I think to any observer, this looks like a government that is chasing one issue. I would hate to be the PMO issues manager. That must be a heck of a job these days, but the government is so focused on this that they do not have the intellectual or physical capacity to think about how to properly structure bills so that they do not have a path that careens towards an obvious Supreme Court ruling.
This is where the legal community, the investment community and the natural resources community just say no, and we cannot afford that. We cannot afford, as a country, that type of instability on investment right now, so it does behoove Parliament, when the government is getting it right, to do our job, hold the government to account and ask to walk it back and do everything in the right order so that we are not having another unconstitutional ruling and chasing away investment.
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Mr. Speaker, I thank the hon. member for his wealth of knowledge of history, not only in his province but also in this country.
It is probably not in the Standing Orders for me to do this, so I want to be careful, but I will make a bet or a wager. Several Conservative members have consistently stood up and made a case based on the government's history, based on Bill C-69 and based on many of the same provisions that are in Bill C-49, which we are dealing with. There is an amendment that would send the bill back to committee to fix some of what I think is going to be deemed unconstitutional, dragging the process out and creating an investment climate in this country that is going to go in the wrong direction.
I want to make sure one more time that my colleague can get on the record again, as the Liberals and the NDP seem to be blind to the idea that this could even happen. Can the member talk about what he predicts would happen in the future if the bill passes in its current form and does not go back to committee?
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Mr. Speaker, the member for Kingston and the Islands undoes himself with his own arguments. He says inflation is not as bad as it was three years ago. He says the Liberals are getting a little better than they were. The Liberals want to tell us they might be bad, but they are getting a little better, and they are not doing as badly as they used to.
To the member's comments on the Constitution, the Liberals just show complete disregard for the Constitution. They just ignore it. They violate the law routinely. We see that with Bill C-69. The anti-energy, anti-development Bill C-69 has been found, in part, to be unconstitutional, and rather than responding to it, they are resuscitating provisions in Bill C-49.
While I am on my feet, I just want to say the lack of extending the rural top-up to the people of Pefferlaw is a grave injustice. I stand with the member for York—Simcoe in calling for the immediate redress of that injustice.
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Mr. Speaker, it is always a pleasure to join debate in the House of Commons, even quite late on a Monday evening. We are discussing Bill C-49, a bill the government tabled to solve regulatory issues and bring them in line with other bills it had passed, in particular, the Impact Assessment Act, Bill C-69 of the 42nd Parliament.
The problem with Bill C-49, as well as the sudden urge to ensure its passage by invoking closure and using procedural tools to force a vote on it, is this: Since the time the government tabled the bill at first reading to bring existing environmental regulations into line with the other red tape it brought in with Bill C-69, significant portions of Bill C-69 were struck down in court.
The prudent action any government would take in this situation would be to remedy the portions of its existing red-tape regime that have been found to be unconstitutional. The government has been found to have trammelled the constitutional prerogatives of provinces. This is what the Supreme Court found in its review of Bill C-69. However, the government is persisting, through Bill C-49, in taking the same unconstitutional framework and applying it to offshore projects, both oil and gas drilling projects and future renewable energy projects, such as offshore wind production or perhaps tidal electrical generation.
On this side of the House, we are the party of energy. Canadians need reliable, affordable and abundant energy. That energy could come from any of a variety of sources. We support all forms of energy that can deliver on those basic points of affordability, availability and reliability. Different parts of the country are able to produce energy in different ways. The potential for offshore in its oil and gas potential has brought, in fairly recent memory, tremendous economic benefit to Newfoundland and Labrador. For the first half or more of my life, this was by far the poorest region in Canada, with the lowest per capita GDP. It is a part of the country that really suffered economically and had the lowest standards of living in Canada.
We have seen in a generation what energy production can do for that part of the world and how so many people from Newfoundland and Labrador have also helped build Alberta and its energy projects. In addition to that, there is tremendous potential for offshore renewable energy. However, taking this unconstitutional model from the government's earlier bill and applying it to projects offshore, renewable or non-renewable, is not going to give affordable, reliable and available energy for Canadians or create the export opportunities that an abundance of energy may give. This is a flawed approach.
One would think that the Liberals would not need the opposition to move an amendment that would seek to refer the bill back to committee where it could be studied further and amended to deal with the reality of the Supreme Court's decision on renewable energy. However, they have even made it muddier still by tabling, in the House, a budget implementation act that further confuses regulatory issues and compliance and congruity between these different acts, by tabling a bill that overlaps and attempts to do some of these things the bill before us would do.
One would think that the Liberals would hold back on the bill before us and call the BIA tonight, and it is confusing because it is numbered Bill C-69, but have that debate instead and move that bill along. I mean, I will vote against it and I hope that other members will too and so that we can bring the government down and get on with the carbon tax election. However, either way, whether the bill passes or not, surely that is a more prudent present step than forcing through Bill C-49, which has obvious constitutional and regulatory problems to it. So, if they will not do it for that reason, if they will not do it for compliance or get the order right with the BIA versus Bill C-49, at least recognize that the Supreme Court has already weighed in on the substance of the bill and found it unconstitutional. The bill belongs back at committee, or perhaps just not called at all.
The Liberals have tabled a lot of bills, and a lot of them do not go anywhere. In fact, over these last few weeks, they have tabled a number of bills that they have not called, and so I do not understand, in terms of the management of its legislative calendar, why suddenly the drive to call the bill before us.
We have seen the kind of red tape that this government has given Canadians. The Liberals have already hindered traditional and alternative energy development in Canada. Under Bill C-69, no projects get approved. It is the no-more-pipelines bill, and it is going to become the no-offshore-wind-development bill and the no-offshore-drilling bill. To top it all off, I understand from speaking to a number of Atlantic members of Parliament that they have also managed to upset the stability and the investment climate for the fishing industry, because they have not consulted those in the fishing industry who stand to be affected by the bill. This government is so consistent in its muddy, muddled approach to regulation and the creation of red tape. It is time for this government to maybe fire some gatekeepers instead of finding new ways to tie up Canadian businesses and scare away investment.
However, scaring away investment is exactly what these bills have done. Bill C-69 led to capital flight from this country. We have seen how Bill C-49, even its tabling, has also triggered capital flight from Atlantic Canada in terms of projects abandoned and the dearth of new applications for drilling or offshore projects in the wake of the bill. As my colleague for Calgary Nose Hill said earlier, Canada has become a country where political risk is driving away investment, because decision-makers, those who allocate capital, do not know from one year to the next just what this government is going to do. It piles on laws that do not stand up in court and then it is charging along here tonight by calling the bill before us and having a debate on it as if the Supreme Court decision did not happen. It happened, and it cannot be ignored. The bill was tabled before that decision, and it does not take that decision into account. It should be taken back to committee where maybe it can get sorted out, or it can just be held back and not called again.
The Liberals have so many other bills that they seem to want to get approved but have not called and have chosen instead to call Bill C-49. I would call on the government to get a hold of its legislative calendar, get a hold of its constitutional issues, and go back and fix the bill if it is going to call it again.
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- May/27/24 11:45:17 p.m.
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Mr. Speaker, it is really all about certainty for investors. If it is going to take potentially years to get a decision, and if a full offshore development and production designated project review can take 1,600 days, people are not going to apply. The uncertainty has been there from the moment the Liberals tabled the bill. They should make a clear declaration that they are not going to proceed down this road of potential unconstitutional jurisdictional intrusion by adding more red tape. They should go with an entirely different approach and start again.
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Mr. Speaker, tonight we are talking about Bill C-49, an act to amend the Newfoundland and Labrador Atlantic Accord. I am a member of Parliament from the other end of the country, the Pacific Coast, and it is a real honour for me to be joining in the debate about something that is so important to Canada. It goes to show that Canada really is a nation from sea to sea. I am from the other ocean, but it is wonderful to be here with my colleagues who are very knowledgeable about what happens on the Atlantic Coast. Listening to the speeches tonight, I have learned a lot about that part of my country.
Bill C-49 would impose, unfortunately, many of the Liberals' failed environmental assessment initiatives that have been ruled unconstitutional by the Supreme Court of Canada for infringing on provincial jurisdiction. It was a real surprise for me, as I delved into this bill, to see that the Liberals would take the risk of incorporating a lot of the failed clauses of Bill C-69, which we call the “no more pipelines” bill, into this very important legislation about improving the economy of the Atlantic Coast, and I wonder why they would do that. The last thing that investment dollars and investment entrepreneurs want is risk. It has been pointed out before that this bill poses a political risk that is going to drive away investment. Here is a proof point that I think is really clear.
In 2022, there were five offshore land bids in Newfoundland and Labrador at a value of $238 million. If we move forward five months to May 30, 2023, about a year ago, when Bill C-49 was first introduced, which is not law yet. Business people read it and said that they did not want to take that risk, and in 2023, there were zero bids. That is just a really clear example of what happens when the government introduces legislation that does nothing more than introduce a lot of uncertainty into the mix.
If we take a look at what happened with the TMX pipeline, Kinder Morgan, which is a risk-taking company with very deep pockets. It was willing to take on the challenge of twinning the pipeline that had been in existence for 70 years with very little environmental risks involved. It started the project to twin that pipeline, which seemed like a very common-sense project to undertake, and it was, until the federal government started imposing environmental regulatory red tape that really did not do anything but slow down the project. Finally, Kinder Morgan said that it was out of there because It did not want that risk anymore. It is a business that wants to make money, and it could see that there was way too much risk there, so it pulled out. It was willing to walk away from its multibillion dollar investment at that point.
However, the Liberal federal government said that it needed that pipeline and that it could not let it go unfinished. It picked up the project for $5 billion, which was going to cost $7 billion altogether to complete it. In fact, the project is now finished, finally, but at a cost of $35 billion. The federal government is now saying it is for sale, but who is going to buy it? Certainly, not for $35 billion. That is what happens when government gets into business. It should just stay out of business and should let private enterprise do what it does best, which is to undertake projects that have a very good opportunity for earning a profit. I know “profit” is a bad word with the NDP-Liberal government, but let me assure members that private enterprise runs on profit. Profit drives innovation, competition, investment and creates wealth.
This is very important to Canada because our productivity numbers are lagging compared to our trading nations, and this has been pointed out on many occasions. It was recognized by the former Liberal minister of finance, Mr. Bill Morneau, in the book he wrote after he left government, after he was released from the Liberal Party's talking points. He said he had pointed out to the current Prime Minister that one of Canada's biggest economic challenges was its lagging productivity numbers.
Here is a nice, neat example of what exactly that means when compared to the United States. For every American worker who pumps in $100 into their economy, their Canadian counterpart, doing exactly the same kind of work, pumps $70 into Canada's GDP. We are 70% as productive as the United States. Does that mean that we do not work as hard? No, of course not. We are very hard-working and industrious people.
However, we do not have the tools, investment, creativity and tax fairness here in Canada. That is what is causing our productivity numbers to lag. That goes to the wealth of the nation. It goes to the wealth of individual people. This is what Mr. Morneau had pointed out to Mr. Trudeau on what he said were numerous occasions. He said—
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