44th Parl. 1st Sess.
May 15, 2023 11:00AM
- May/15/23 5:06:10 p.m.
- Watch
- Re: Bill S-5
Mr. Speaker, I am very pleased to rise in the House for the second time to speak to Bill S‑5. I was also very pleased to chair the Standing Committee on Environment and Sustainable Development when we studied and amended this bill.
Members may not know that, in 1999, I was the assistant to a member who sat on the environment committee. I was therefore quite familiar with the process of the first round of amendments made to the Canadian Environmental Protection Act. This is a bit of déjà vu, but I see that we have made some progress with Bill S‑5.
I would like to start by talking about tailing ponds. As we know, these are large artificial lakes that are found in the oil sands region and were built by the oil sands industry in the Athabasca River basin in northern Alberta.
Everything having to do with water in that region, including the tailing ponds, is something I have long been interested in. In 2009, I launched a study at the Standing Committee on Environment and Sustainable Development. At the time, I was a member along with the Prime Minister, who had just been elected as an MP. There was another member with us, the member for Ottawa South. We were in the opposition and we managed to convince the other opposition members at the committee, because it was a minority government, to adopt the motion to conduct a study. We had to work with the other opposition parties to get permission from the committee before we could embark on a study. We studied the impact of the oil sands industry on aquatic ecosystems in the Athabasca River basin.
We did this work somewhat in collaboration with the late David Schindler, who was one of the greatest experts in the world on aquatic ecosystems. At the time, he was conducting research into this topic.
The committee was chaired by my colleague from Selkirk—Interlake—Eastman, who is directly in front of me in the House. He is not listening to me right now, but he was the chair of the committee.
Up to that point, it was claimed that there were pollutants and bitumen in the Athabasca River, but that it was normal, that it had always been like that, and that explorers had found bitumen in the river 200 years ago. However, David Schindler conducted a study to prove that the bitumen was coming from the oil sands industry through toxins released into the atmosphere. When it rained, those toxins in the air were falling into the river and polluting it.
Why am I mentioning that? The reason is that, while we were studying Bill S‑5 in committee or shortly thereafter, Imperial Oil's Kearl project experienced a tailings leak. We have invited the company and members of neighbouring first nations to appear before the committee to discuss the issue. We are going to have further discussions on the subject shortly.
In a way, as far as I am concerned, we are coming full circle because the Standing Committee on Environment and Sustainable Development's study dates back to around 2009-10.
Why did I mention tailings ponds? It is because the Senate added tailings ponds to Bill S‑5 before it was sent to the Standing Committee on Environment and Sustainable Development. We discussed that amendment at great length in committee and it attracted media attention.
All of a sudden, the media was reporting that Bill S-5 was being studied. The NDP, the Greens and the Bloc Québécois, I believe, wanted to keep a reference that the Senate had put in the bill regarding tailings ponds.
I am pretty agnostic on whether the reference to tailings ponds should stay in the bill, but the Standing Committee on Environment and Sustainable Development decided to remove the reference.
I am quite agnostic about whether we mention tailings ponds in CEPA. However, I know that the Senate amendment, which we reversed in committee, garnered a lot of attention because we were studying the bill at the same time the Kearl tailings pond leak occurred.
As I said, I am agnostic, as such a mention would be nice, especially in the context of what has happened at the Kearl site, but it would add nothing to the powers of the federal government. The federal government already has a fair amount of power with tailings ponds. I do not mind if it is put back in, but my only fear and concern is that, if we had not taken out that reference, and if we get specific in the language in CEPA around tailings ponds, we could be detracting from the generality of some provisions that relate to pollution.
The government already has the power under CEPA to compel information about substances and activities for purposes such as conducting research, creating an inventory, or formulating objectives and codes of practice, which is in subsection 46(1) of CEPA, which reads:
The Minister may, for the purpose of conducting research, creating an inventory of data, formulating objectives and codes of practice, issuing guidelines or assessing or reporting on the state of the environment, publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person described in the notice to provide the Minister with any information that may be in the possession of that person or to which the person may reasonably be expected to have access, including information regarding the following:
(a) substances on the Priority Substances List;
Then there is a whole list of areas before it continues with paragraph 46(1)(f), which reads, “substances that may cause or contribute to international or interprovincial pollution of fresh water, salt water or the atmosphere”. This would include what is going on in the oil sands industry and could include tailings ponds.
Further down in the list, paragraph 46(1)(k) reads, “the release of substances into the environment at any stage of their life-cycle”.
Under CEPA, the government can request information about tailings ponds, what is in tailings ponds and how tailings ponds are reacting. However, the government, just to give a little added heft to the bill, added proposed paragraph 46(1)(k.1): “activities that may contribute to pollution”. Therefore, we are really creating a wide net here to capture any kind of activity, but the law, as it is, captures tailings ponds and gives the federal government the right and the power to oversee these large structures.
As I said, I would not mind if it were put back in, but I do not think it is necessary. I do not think the committee erred by removing the specific references to tailings ponds and to hydraulic fracturing, which were added by the Senate when the bill was first studied there.
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- May/15/23 5:16:54 p.m.
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- Re: Bill S-5
Mr. Speaker, that was a good question. The bill is quite revolutionary in the sense that it would tighten control over the most hazardous substances, and it would put the emphasis on prohibition of the most toxic substances. One would not need a pollution prevention plan if the government, through the new CEPA, were to say there was a prohibition on the release of that particular substance.
Also, CEPA in general takes a risk management approach, providing regulations on how to use particular substances, which can be very restrictive. I think, in some ways, it comes down to the same thing. I think what the government was trying to do was avoid redundancy.
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- May/15/23 5:18:53 p.m.
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- Re: Bill S-5
Mr. Speaker, it is true that the bill evolves every time we make amendments to it.
There is already talk of a second bill in this session of Parliament to further strengthen the act. Perfecting the Canadian Environmental Protection Act is a long-term project, so to speak. I can be less enthusiastic if my colleague would prefer.
The member must admit that the whole idea of a right to a healthy environment is a major step forward. Obviously, that right is not set out in the Canadian Constitution, but it will influence all sorts of laws and regulations. It is an important part of the act.
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- May/15/23 5:20:39 p.m.
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- Re: Bill S-5
Mr. Speaker, indeed, we saw when we invited representatives of indigenous communities and representatives from Imperial Oil and from the Alberta Energy Regulator, that there had been a communications breakdown. I know “communications breakdown” is a term from the 1960s, but it is very pertinent when we are talking about what happened with the Kearl project. The minister has taken steps to bring the stakeholders together to work out perhaps a new protocol on communicating in the cases of incidents like that.
Again, this is something the minister has the power to do, and he is doing it. It is a welcome development.
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