Building Canada Strong Act

Bill C-39, Building Canada Strong Act · Second reading · now at committee in the House Where it stands

What Bill C-39 would do

The bill would set one-year deadlines for impact assessments of major energy projects, including pipelines, power lines, and offshore renewables, once required information is submitted. It would also allow the federal government to designate trade corridors, adjust port governance and rail switching rules, and let electronic documents replace paper records for trade. In addition, the bill would introduce new collective bargaining rules and timelines under the Canada Labour Code, along with changes to environmental reviews and fisheries offsetting fees.

Official text (opens in a new tab)

11 statements

Christine Normandin, Saint-Jean

Bloc Québécois
“This bill gives too much decision-making power to just a few people, like a single minister, instead of relying on experts and scientists. It also shuts out parliamentarians on issues like workers' rights. I want to know if my colleague agrees that this hurts our democracy.”
Official Hansard

Mr. Speaker, one of the changes in Bill C-39 is that decision-making power is being centralized in the hands of far fewer people than it was previously. For example, in some cases, a single minister may be responsible for approving a project. In other cases, it is the Governor in Council that decides. However, in the majority of cases, the expertise of several agencies is being completely sidelined. I would like to know whether my colleague sees this as a form of erosion of democracy. Take, for example, the issue of workers’ rights and the fact that parliamentarians will be excluded from the process of applying section 107 of the Canada Labour Code. Furthermore, on environmental matters, scientists and reason are sidelined in order to centralize power in the hands of a few decision makers, who could, in some cases, be tempted to use it for personal gain.

Martin Champoux, Drummond

Bloc Québécois
“The Prime Minister has not improved people's lives. The government is passing bills that hurt workers' rights and ignore Parliament. I want to know if my colleague agrees that the government has gone too far.”
Official Hansard

Mr. Speaker, Quebec has been in the midst of an election campaign these past few weeks. I spent a lot of time on the campaign trail with candidates for the Parti Québécois, the party I support, and people talked to me about federal politics and about the current Prime Minister. I asked everyone who spoke to me about what the Prime Minister has actually done since taking office to make their lives easier and improve their purchasing power. No one was able to give me an answer. No one was able to tell me how their lives have improved since this Prime Minister took office. What is more, here in Parliament, the Liberals are passing bills that undermine the work of Parliament and its relevance. Bill C-39 is a good example of that. It makes it even easier for the government to implement its major projects, and it erodes workers’ rights. I will cut my question short because I am short on time. Does my colleague not think that this government is going way too far and that it should go back to showing some respect for parliamentary procedure?

Martin Champoux, Drummond

Bloc Québécois
“Big projects built this country, but they also harmed people. Building the railway hurt workers, and building the Mirabel airport took land away from families. The government is repeating these mistakes with the new high-speed rail project by mistreating local farmers.”
Official Hansard

Mr. Speaker, I thank my colleague from Orléans, whom I hold in high regard. She and I have had the opportunity to work together on various files, including the French language file, and I appreciate her co-operation. She talked about major projects that built the country, particularly the railway. She mentioned various major projects and spoke about the vision that we must have when we want to build a great country. I completely agree with her. However, I would like to add a bit of history. Going back to the construction of the trans-Canada railway, it is important to remember that the workers were forced to endure absolutely appalling conditions. That would never fly today. It is also important to remember the development of airports like the one in Mirabel, which is making the news again because of the high-speed rail project. I will tie that in as well, because the community of Mirabel is still deeply scarred and extremely traumatized by the brutal expropriations in 1969-70. Now, the government is about to do the same thing with a high-speed rail project. We learned from news reports that Alto has signed confidentiality agreements that prevent farmers from hiring appraisal companies because they are now all tied to that project. Is that what my colleague thinks it means to go—

Christine Normandin, Saint-Jean

Bloc Québécois
“This bill lets the Canada Energy Regulator review pipeline projects instead of the environmental assessment agency. Five of the regulator's seven leaders worked in the oil industry, and its job is to promote oil transport. It is not impartial. I want the member to explain why an unbiased group should not be the one reviewing these major projects.”
Official Hansard

Mr. Speaker, I think I know what kind of answer I am going to get, but I would still like the member to share her thoughts on the impartiality of the people who will be assessing certain projects, particularly pipeline projects. We know that it will now be the Canada Energy Regulator and not the Impact Assessment Agency of Canada that will be responsible for conducting those assessments. However, five of the regulator’s seven commissioners used to work in the oil industry. The CER’s mission is to promote the transmission of electricity and the transportation of oil. It is safe to say that this body is not impartial. I would like the member to tell us about how important it is to have impartial agencies assess all projects, particularly major projects that are in the so-called national interest.

Christine Normandin, Saint-Jean

Bloc Québécois
“One year is not enough time to study how a project will affect nature. It does not even cover all four seasons. I want to know if the member sees the danger of rushing this work.”
Official Hansard

Mr. Speaker, my colleague mentioned that she did not have enough time to discuss the bill in its entirety. One might also wonder whether a year is enough time for scientists to properly assess the impact of any projects that might be launched, especially given that this one year allows for 300 days for assessment and reporting, and then 65 days for the minister to make a decision. That does not even allow for the four full seasons that would be needed to determine whether certain projects actually have an impact on the natural environment. Does my colleague not see the risks involved in moving too quickly?

Christine Normandin, Saint-Jean

Bloc Québécois
“I do not want this bill to pass. The government is using the trade war with the United States as an excuse to grab more power forever. This bill weakens environmental reviews, lets ministers ignore laws that protect nature, and hurts workers' right to strike.”
  • A repeated line

    “Particularly when it comes to the environment.”

    Said 3 times by 3 members since April 30.

    Every time it was said
Official Hansard

Mr. Speaker, I would like to begin by saying that Bill C-39 is the perfect example of a saying that often comes up in politics: Never let a good crisis go to waste. That is certainly the impression I am getting from the government side. The Liberals are using the President of the United States, Donald Trump, as a scare tactic—even though he is scary enough on his own—to justify permanent changes to our ways of doing things and our values. When I say “our”, I am referring to both Canada’s and Quebec’s ways of doing things and our values. Now that I have said that, I will return to the issue of the sunset clause. A crisis that is already frightening enough for Canadians and Quebeckers is being used to justify major legislative changes that will shake the very foundations of the temple of values that we thought were otherwise secure and that took years to build. Now, they could crumble in the blink of an eye. In a way, I find it hard to believe that people are surprised by this, since it is, after all, part of the DNA of successive governments to use crises to seize power for themselves. We have seen this in the past. I would now like to take a moment to provide a bit of background. Crises have often been used to centralize power within the federal government. Let me provide a bit of history. During the First World War, the War Measures Act was enacted, giving Ottawa powers that were otherwise generally reserved for the provinces, such as economic regulation, censorship, detention and internment. In 1917, the federal government introduced a federal income tax, a measure that was allowed under the Constitution but that had never before been implemented by the federal government. It enacted the Income War Tax Act. It was meant to be a temporary measure, but it never went away. People still have to file two tax returns in Quebec, and one tax return everywhere else, which just goes to show that nothing is more permanent than a temporary solution. We see this again with the sunset clause in Bill C-5, which called for the measures to expire after five years. Under Bill C-39, they will become permanent. In 1930, during the Great Depression, the government of Richard Bedford Bennett tried to centralize power even further on the premise that Ottawa needed to have significant economic and social capacity so it could function as a kind of welfare state. In 1940, after the crisis, the provinces transferred employment insurance to the federal government. During the Second World War, Canada managed to persuade the provinces to temporarily surrender more tax room in return for making transfer payments to the provinces to fund the wartime economy. That never went away either, and it eventually became what we now know as the “spending power”. A bit more recently, and closer to home, was the 2008-09 financial crisis, the infamous asset-backed commercial paper crisis. Once again, the federal government tried to take control of an exclusively provincial jurisdiction, securities regulation, by creating a Canada-wide securities commission, a move firmly opposed by Bloc Québécois. In fact, the Supreme Court later declared it unconstitutional. Even more recently, during COVID‑19, the federal government used its spending power to control, legislate and regulate jurisdictions outside its authority, including standards in nursing homes and long-term care facilities. It wanted to establish national standards that the provinces would have to meet in order to receive transfers, even though the provinces are the ones responsible for delivering care to the public. As history has shown us, crises have often been used to justify things that would otherwise have been considered unacceptable. Bill C‑39 is no exception, particularly when it comes to the environment. I am going to talk a bit about that. In the past, powers that belonged to the provinces were centralized. Now, however, powers that would otherwise belong to the House or to other ministers and agencies are being centralized and often concentrated in the hands of a single minister, or even the Prime Minister. All of this is allegedly being done as a way to deal with Donald Trump and the trade war, at a time when Canada wants to attract more investors. The government is saying that we are moving far too slowly, that we need to lower barriers in order to keep the economy healthy, and that this will not start until Donald Trump is gone. The government is therefore implementing measures that will last forever to solve a problem that, basically, is only temporary. For example, the government is chipping away at certain environmental pillars that we thought were firmly established. It is speeding up project assessment to the extreme, as I mentioned in my questions a little earlier. It is introducing a one-year time frame for granting permits for major projects. One year means 300 days to carry out assessments and draft the reports to be submitted to the minister, who must then make a decision within 65 days. I mentioned earlier that when a decision is made to grant a permit for a major project, the assessment of potential environmental impacts will not even cover four full seasons. Compliance with numerous laws is also going to be optional for regions designated as being of national interest. It is not clear exactly what constitutes a region of national interest. Included in those laws are the Fisheries Act; the Migratory Birds Convention Act, 1994; the Canadian Environmental Protection Act and the Species at Risk Act. We will also be relying on far fewer impartial experts to decide whether a project will move forward. The government is completely disregarding the expertise of the Impact Assessment Agency of Canada when it comes to pipelines, for example, and will be relying exclusively on the Canada Energy Regulator. However, I would like to remind the House that the CER’s mission is to keep energy moving safely and efficiently through this country’s pipelines and power lines. Its mandate is to promote energy, not to protect the environment or impartially assess the impact of a project, like the agency did. I should note that five of the CER’s seven commissioners used to work for oil companies, so I think it is safe to assume that they will have a definite bias when making decisions. A lot of decisions that used to be made by the Governor in Council will now be made by a single minister. Changes have been made to what ministers can do. I would like to quickly refer my colleagues to the document that was provided by the government itself, the summary of Bill C-39. There was a time when the Department of the Environment issued a statement on the decision it was making under the Impact Assessment Act, but the other departments issued the permits. Now, everything is in the hands of the environment minister, who will make a single decision. In the past, work could not begin until the assessments were completed, but now the environment minister will have the power to authorize work to begin in advance, even before the permits are issued. In the past, we have had environment ministers who were staunch supporters of the oil sands, such as Peter Kent. We should therefore not assume that just because someone is an environment minister, they will make decisions that are good for the environment, particularly if those decisions are ultimately made by the Prime Minister. We know that, previously, the minister could only modify the conditions imposed on a project as long as there was no adverse impact on the environment. Now, however, these kinds of changes can be authorized if the minister decides they are in the public interest. Ministers used to be able to attach conditions to assessment and permit decisions. Now, however, decision-making authorities will have to consider the technical, economic and practical feasibility of any conditions they impose on proponents who want to roll out projects. This goes to show that the bar has been significantly lowered. The government is basically tearing down the fences around the chicken coop and hoping that the foxes will not attack them. That is what we are hearing from the Liberal benches. The Liberals deny that they are lowering environmental standards. However, certain laws can be circumvented. They say that they simply hope it will not happen. I could have spoken a lot longer. I am only halfway through the third page of my presentation, and I have not even addressed the labour law issue. The Liberals say that they are going to keep protecting the right to strike, just as they say that they are going to keep protecting freedom of expression, provided that no one hears the protesters protesting. The right to strike will be protected, unless the strike disrupts the national interest. What that is, we do not know. It could simply mean any economic disruption, but a strike without disruption is not a strike. Since I have only a few seconds left, unfortunately, I must conclude my speech by reiterating that the government wants to speed things up and is using the trade war as a pretext, even though it will be over by the time we see the consequences. At the end of the day, whose interests will this national interest really serve, apart from the Prime Minister’s? It is not hard to imagine that the public will suffer many negative consequences in the short, medium and long terms.

Christine Normandin, Saint-Jean

Bloc Québécois
“This bill has a few good parts, like protecting union workers. But overall, I cannot support it. It speeds up projects by cutting environmental protections. Climate change already makes our food and insurance cost more, and disaster costs will only go up.”
  • Reply to a debate question

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Official Hansard

Mr. Speaker, I do not claim to be able to write a 249-page bill on my own, but I am willing to acknowledge that there are some good points in the bill. For example, the unions have acknowledged that there are certain positive measures, such as bargaining unit protection when contractors are replaced. There are some small positive aspects to the bill, but overall, it is a tough pill to swallow. Again, we are not opposed to the economy performing well or to accelerating certain projects. However, this cannot be done at any cost, and certainly not by trimming all environmental protections, especially when we know from a report by the Institut de recherche en économie contemporaine that groceries are 8.4% more expensive due to climate change, that insurance costs are much higher, that Canada is now paying $2 billion for insurance in disaster-stricken areas, and that this figure is expected to reach $15 billion in the future. Exactly whose interest are the Liberals referring to when they talk about the national interest?

Christine Normandin, Saint-Jean

Bloc Québécois
“I oppose this bill. It gives ministers too much power without enough oversight from lawmakers. It also makes temporary emergency measures permanent by removing a five-year expiry date, and it mixes together laws about the environment and labour.”
  • Reply to a debate question

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Official Hansard

Mr. Speaker, that is an excellent question. In fact, it is something that the President of the United States has been criticized for: governing by executive order by giving himself powers that would otherwise have been counterbalanced by lawmakers. That is exactly what the government is doing with this bill. To protect ourselves from Donald Trump, we are turning into Donald Trump. That is a terrible idea. The government is doing this under the pretense of boosting the economy and dealing with a situation that is likely to change in the short term, or so we hope. Nevertheless, the government is repealing the five-year sunset clause that was previously put in place. Significant changes are therefore becoming permanent and, to top it all off, the government is making these changes in an omnibus bill that combines environmental law with labour law. All this is being done under the pretense of dealing with a crisis that we hope will soon be over.

Rhéal Éloi Fortin, Rivière-du-Nord

Bloc Québécois
“This bill gets rid of important rules we built over decades to protect the environment and workers. I do not think we should throw away all those protections just to fit the Prime Minister's plans.”
Official Hansard

Mr. Speaker, I think this historical overview of the situation is essential, and my colleague’s speech was very informative. That said, am I to understand that the democratic, environmental and labour protection rules adopted by the provinces, as well as all our parliamentary bodies and boards, are so detrimental to the Prime Minister’s vision of Canada that they need to be scrapped? Did nothing good come out of all that, really? Do we really need to eliminate everything that has been put in place over the past few decades?

Christine Normandin, Saint-Jean

Bloc Québécois
“I oppose this bill. It permanently removes protections for the environment and workers' rights that took years to build, just to deal with a temporary trade crisis.”
  • Reply to a debate question

    Relevance 95 of 100

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Official Hansard

Mr. Speaker, as I said in my speech, the government is scrapping things that took years to build and that are based on values that are dear to Canadian society and to the Quebec nation: protecting the environment and protecting workers’ rights. The government is undermining all that in the name of a trade crisis that is not expected to last, and it is making these measures permanent. Years of hard work that were guided by Canadian and Quebec values are being destroyed. That could all be destroyed in a matter of minutes. It is heartbreaking, to say the least.

Martin Champoux, Drummond

Bloc Québécois
“I want the new member for Chicoutimi—Le Fjord to talk to workers in his riding about this bill. It threatens workers' rights and the right to strike by letting the government stop strikes it finds too disruptive.”
Official Hansard

Mr. Speaker, I see that you are showing our colleague from Chicoutimi—Le Fjord a great deal of generosity and understanding as he delivers his first speech, but I am sure you will have the opportunity to remind him of our customs here. I want to congratulate him on his first official speech in the House. I too would like to welcome him and congratulate him on his victory in Chicoutimi—Le Fjord in the by-election last August. I would very much like him to commit to speaking with his constituents and the workers in his riding who do not see the danger that exists in Bill C‑39 in terms of workers’ rights and the right to strike, among other things. The right to strike is under threat, because the government could step in and put an end to any strike action thought to be a little too disruptive. There are many aspects of this legislation that represent a step backwards in terms of workers’ rights. The Canadian Labour Congress has brought this to our attention on several occasions. I would like the new member for Chicoutimi—Le Fjord to commit to telling his constituents the truth and sharing these facts with them, to see what they really think.

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