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Mr. Mike Morrice (Kitchener Centre, GP)

May/3/24 12:14:37 p.m.
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Mr. Speaker, the Ontario government is proceeding with construction on the destructive and unnecessary Highway 413, a $10-billion waste of public money to pave through the Greenbelt. The government could have put a stop to it by requiring a thorough environmental assessment in a restored and repaired Impact Assessment Act. Instead, it has proposed a change in an omnibus budget bill that could still let projects such as Highway 413 off the hook. Will the government strengthen the proposed IAA and reject Highway 413 to prevent paving over 2,400 acres of farmland and green space?

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Context: House Hansard - 308 - May/3/24

Hon. Steven Guilbeault (Minister of Environment and Climate Change, Lib.)

May/3/24 12:15:18 p.m.
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Mr. Speaker, I would remind my hon. colleague that the Supreme Court of Canada, in an opinion last year, told us that we had to revise the Impact Assessment Act. This is exactly what we are doing. However, through an agreement with the Ontario government, we will make sure that federal laws, such as the Species at Risk Act or the Migratory Birds Convention Act, will apply to Highway 413. These elements will be assessed as part of this project.

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Context: House Hansard - 308 - May/3/24

Mr. Chandra Arya (Nepean, Lib.)

May/3/24 1:30:30 p.m.
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Re: Bill C-375

Mr. Speaker, it is my pleasure to speak to the private member's bill before us, Bill C-375, regarding federal-provincial agreements in the Impact Assessment Act. We appreciate the member for Louis-Saint-Laurent's interest in the Impact Assessment Act, which plays an important role in sustainable development and economic prosperity in Canada. We need an efficient and effective review process for clean energy, critical minerals, transportation, and other major projects to keep our economy competitive while creating good, well-paying jobs. We recognize the important role that our natural resource and clean energy sectors play in ensuring the prosperity of our country while meeting our emissions reduction targets. These targets include reducing emissions to 40% below 2005 levels by 2030, a net-zero electricity grid by 2035 and overall net-zero emissions by 2050. An efficient and robust regulatory system is essential to advancing the projects that will help achieve the net-zero targets, and the Impact Assessment Act is an important part of this system to ensure that a clean environment and a strong economy go hand in hand. While the Supreme Court of Canada provided direction on specific changes needed to the Impact Assessment Act, changes that we recently tabled as part of the budget implementation bill, the court also confirmed the role of the Parliament of Canada to enact impact assessment legislation to “minimize the risks that some major projects pose to the environment”. The court recognized the clear federal role and the clear need for federal impact assessment legislation. In its decision on the Impact Assessment Act, the court underscored the need to exercise cooperative federalism, respecting the authority of each jurisdiction. The Government of Canada is keen to work cooperatively with every jurisdiction under the Impact Assessment Act. Bill C-375 has been introduced under the veil of provincial cooperation. However, it would result in the provincial assessment process being the only process for projects subject to an agreement. Bill C-375 aims to promote agreements between the minister and a provincial government to exempt potentially wide ranges of projects from the Impact Assessment Act. The Impact Assessment Act already focuses only on those major projects that are most likely to have the potential for significant adverse effects in areas of federal jurisdiction. Blanket exemptions of these projects from federal assessment without appropriate safeguards does not mean they would be done in collaboration. What it means is that the federal government would no longer have the authority to manage what is clearly its responsibility, with no role in determining the potential effects of a proposed project that are within its own jurisdiction, nor be able to identify ways to mitigate those effects or even decide whether those effects within its own jurisdiction are in the best interest of Canadians. This is contrary to cooperative federalism, which the Supreme Court of Canada encouraged. The Supreme Court of Canada was clear that we must respect each other's jurisdiction, but we also must work together. By working together in coordinating regulatory processes, we achieve our collective goal of attracting investment and projects that advance a low-carbon economy while protecting the environment and indigenous rights. Co-operation and coordination are central objectives of the Impact Assessment Act to ensure that impact assessments are done as efficiently as possible. The Impact Assessment Act already requires that the Impact Assessment Agency of Canada offer to consult with other jurisdictions on project assessments, both up front during initial planning and throughout an impact assessment. By working together, we can clearly focus federal involvement on those matters that are squarely within federal jurisdiction. This provides process certainty and reduces duplication during project reviews. The Impact Assessment Act includes tools that allow for coordinated assessments, delegation of aspects of the federal impact assessment to another jurisdiction, joint review panels and substitution, where a provincial process can replace the federal process. These legislated tools reflect the flexibility needed for co-operation; they can be tailored to meet the needs of each jurisdiction and can include sharing information and expertise; coordinating or jointly undertaking activities, such as public comment periods, indigenous engagement and consultations, instructions to proponents and technical reviews; and substitution of a provincial process for a federal process. We know these tools can work. We have had tremendous success under an agreement with British Columbia. Particularly, the provincial process is used as a substitution for the federal assessment process. At the same time, both orders of government retain the ability to exercise their responsibility to decide on whether effects within their jurisdiction are in the public interest. We are keen to extend this success to other provinces and truly achieve the objective of “one project, one assessment”. To this end, and in response to the Supreme Court, the Government of Canada announced amendments to the Impact Assessment Act that would further advance this principle. This was done through budget 2024, entitled “Fairness for Every Generation”. The amended act, as proposed through the budget implementation bill, would provide certainty for businesses and investors through measures that include increased flexibility to co-develop a harmonized approach to assessments. Here, the federal government and a province or indigenous jurisdiction can enter agreements to share responsibility for different elements of assessment. This approach would greatly reduce duplication and result in the best-placed jurisdiction undertaking the most appropriate aspects of an assessment, which would be set out in agreements. Importantly, federal obligations with respect to the consideration of indigenous knowledge and indigenous consultations would be maintained. Final decisions would remain with each jurisdiction, ensuring accountability to the public on effects within respective areas of jurisdiction. The Impact Assessment Act also seeks to maximize leadership of indigenous peoples in impact assessment processes and enables co-operation with indigenous jurisdictions in recognition of our nation-to-nation relationships. Bill C-375 does not recognize the unique role of indigenous peoples in the Crown's assessment of impacts of major projects. The Impact Assessment Act recognizes the special constitutional relationship between the Crown and indigenous peoples and the particular perspectives and interests they bring to the process. The proposed private member's bill should not be viewed as a tool for collaboration. Instead, it would create a tool to effectively eliminate any co-operation by removing federal requirements from impact assessments altogether. The ultimate goal of the bill is to have no federal impact assessment requirements apply and to eliminate federal decision-making in assessments of major projects, even where there is clear federal jurisdiction. We already have the tools needed to collaborate effectively with provinces under the IAA, and these would be strengthened through amendments proposed in the budget implementation bill. I encourage my colleagues to reject the proposed private member's bill and focus on supporting true co-operation under the Impact Assessment Act.

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