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)

111 statements

Roman Baber, North York

Conservative
“I love Toronto, but I do not like how its transit projects are handled. The Eglinton transit line is late and cost twice as much as planned. Other transit projects across the city have also been badly managed.”
Official Hansard

Mr. Speaker, I believe the member whose riding is west of mine was not attentive to my presentation. I love the city of Toronto. My first love is the city of Toronto. What I do not love is what we have done to Toronto’s transportation. Line 5, which goes from my riding into that member’s riding, was not on time or on budget. There is a streetcar on Finch Avenue. What an absurdity. The Eglinton LRT took double the time at double the budget. The St. Clair streetcar is insanity, and the Ontario line is also a debacle.

Patrick Bonin, Repentigny

Bloc Québécois
“I oppose this bill. The government is using the trade war as an excuse to weaken environmental laws and workers' rights. The bill rushes environmental reviews by forcing them to finish in one year, and it puts industry-friendly regulators in charge of reviewing pipelines and nuclear projects. It lets big companies skip important rules and harms the environment.”
Official Hansard

Mr. Speaker, sometimes I wonder whether the government thinks our roads have potholes because of the trade war. Hearing the Liberals talk, one might almost believe that the trade war is responsible for traffic and late buses. The government is blaming the trade war for a lot of things. Bill C-39 clearly shows that the government has come to the conclusion that it has to trample on workers’ rights and our environmental laws to deal with the trade war. It seems to think that it has to adopt a Trump-like approach to deal with President Trump. The U.S. Environmental Protection Agency has announced that it is launching the largest deregulation action in U.S. history, and the Canadian government seems to find that inspiring. In a year and a half, the government scrapped carbon pricing. It introduced Bill C‑30, which is completely anti-science and puts pesticides that were banned back into circulation. It scrapped the EV mandate. It passed Bill C‑5, which has been described as the greatest rollback of environmental law in recent times. That is on top of giving tax breaks to oil and gas companies, announcing the construction and financing of pipelines and liquefied natural gas projects, and planning to triple gas production and double oil sands production. Clearly, the government will not respect the Paris Agreement, its commitments or its greenhouse gas reduction target, which it no longer talks about in the short term. Now it is talking about net zero by 2050. However, as every independent analyst has said, we know that the rollbacks are so serious that Canada cannot possibly meet its commitments. With Bill C‑39, it seems that the government is trying to attract investors by being even more open to air pollution and the destruction of land and water than our neighbour to the south can be. The Bloc Québécois believes that there are other strategies for developing our economy while protecting the environment and without having to circumvent environmental laws. The government’s Bill C‑39 is quite literally breaking up the Impact Assessment Agency of Canada. With this new bill, the government is literally compromising the independence of scientists in assessing pipelines and nuclear energy by making the Canada Energy Regulator and the Canadian Nuclear Safety Commission responsible for conducting assessments. This is like putting wolves in charge of the sheep. The Canada Energy Regulator is an institution that is known to support pipelines and has nothing to do with protecting the environment. That is not part of its mandate. None of these institutions talk about protecting the environment, even though they will now be responsible for assessing the environmental impact of projects with potentially dire consequences. These are oil and gas megaprojects, likely some of the largest oil and gas megaprojects we have ever seen in Canada. It remains to be seen whether they get off the ground, because we obviously intend to join others in opposing this type of bill. I must point out that the House of Commons Standing Committee on Environment and Sustainable Development has already highlighted the issue that the Canadian Nuclear Safety Commission is not independent from the Department of Natural Resources. The Canada Energy Regulator, formerly known as the National Energy Board, is an institution that is completely biased toward pipelines. We have seen this in Quebec. Many of its members come from the fossil fuel sector. It is like asking cigarette manufacturers to carry out their own studies on the health consequences of smoking. It is completely biased. No one should take the public for fools, yet that is exactly what the government is doing right now. Contrary to what the title of Bill C-39 would have us believe, this bill weakens Canada by bowing to the interests of the fossil fuel barons, among others. I would remind the House that the government has already passed the “no laws” law, namely Bill C-5, the Building Canada Act. The Liberals passed it in record time. We were unable to examine it properly. This act specifically allows laws to be circumvented. Even so, over the past year, not a single project has been designated under this legislation, which the government rushed through as quickly as possible with the support of, among others, the Conservatives. Not a single project has been put on the list in a year. Why was it so urgent? Now the government is introducing Bill C‑39, and it even wants environmental assessments for all projects to take no more than a year despite the fact that the government has not managed to designate a single project under its legislation in a whole year. It seems clear that environmental protection is being used as a scapegoat to mask the current government’s failure to get things done. The issue is not environmental protection; it is the government’s failure to move multiple files forward in a timely manner. I can see it already: Assessments for complex projects will inevitably be rushed, if they happen at all, and consultations will be rushed because the government wants to meet a one-year deadline. The very notion of a one-year deadline is completely arbitrary. Projects must be assessed on the basis of their complexity and scale, and the government has to take the time to do it right. The government is literally bulldozing nature. Let us consider, for example, a new pipeline project, one that the Prime Minister wants to include on the list of projects of national interest. It is a 1,000-kilometre project. How is it possible to conduct proper consultations or assessments in just one year? There is no doubt this will be rushed through, once again to the benefit of companies that will face fewer safeguards and are clearly delighted with the government’s legislation. The Liberals hope that Bill C-39 will not affect environmental protection. I hate to break it to them, but the Prime Minister is not going to grant that wish. It is misleading to tell the public that Bill C-39 does not weaken environmental protections or environmental assessments across the country. I would remind members of all the laws and regulations that can now be circumvented under Bill C-5. Bill C-39 will make that permanent and will even apply to entire regions. The Fisheries Act, the International River Improvements Act, the National Capital Act, the Canadian Navigable Waters Act, the Dominion Water Power Act, the Migratory Birds Convention Act, 1994, the Canada Transportation Act, the Canada Marine Act, the Canadian Environmental Protection Act, 1999, the Species at Risk Act and the Impact Assessment Act can all be circumvented. I will now list the regulations. The migratory bird sanctuary regulations, the Dominion water power regulations, the wildlife area regulations, the port authorities operations regulations, the metal and diamond mining effluent regulations and the migratory birds regulations, 2022 can all be circumvented. Twelve laws and seven regulations can be circumvented to accommodate projects designated to be of national interest by the government. As I said, entire regions will now be able to use the this process to circumvent legislation, and the Prime Minister, like a king, will decide which are to be sacrificed. These regions will get access to projects pre-approved even before an impact assessment is done. Project pre-approval means that construction will start before projects are even assessed. Obviously, this is a new government that is promising the next gold rush by opening the territory up to development and fast-tracking projects, never mind what the law says. I would point out, however, that if we learned anything from the Wild West it is that when the law is weakened, outlaws are quick to step in. I would remind the House that legal action has been brought against the federal government for its Bill C-5 on the grounds that it is unconstitutional. To make matters worse, with Bill C-39, the government is broadening the scope of that legislation and making the exceptional powers enshrined in it permanent. Does the government expect the tariff crisis to be permanent? This tariff crisis is their excuse for everything. This is clearly a pretext for giving cabinet extraordinary powers, enabling it to sell land to foreign interests like a good deal maker. Liberal members seem to think that if they repeat often enough that Bill C‑39 will not affect environmental protections, that will become the reality. I am sorry to burst their bubble, but we were not elected to make things up. We were not elected to bow to the demands of the oil and gas companies. We were elected to make decisions that will be part of history. The bill explicitly includes serious rollbacks in environmental matters and workers’ rights. These are not just words on paper. This will have immediate and serious consequences on the land, on our ecosystems and on people’s health. That will be the legacy left to future generations. History has a long memory. Our speeches may fade, but decisions of this magnitude will not. One day, we will look back and ask ourselves who was aware of what was happening, who could have taken action and who looked the other way. The Bloc Québécois will not look the other way.

Jacques Ramsay, Parliamentary Secretary to the Minister of Public Safety

Liberal
“The government should rarely step in to stop strikes. This bill uses the idea of the national interest to decide when to step in, and I think that makes sense. I want to know how the member thinks we should define the national interest.”
Official Hansard

Mr. Speaker, I would like to thank the member for Repentigny for his speech, which has made it very clear where the Bloc Québécois stands on the environmental aspects of Bill C-39. However, I would now like to ask him to speak to us about another area, namely labour relations and the right to strike, and more specifically the use of section 107. This type of recourse has always been exceptional and should remain that way even more so under Bill C-39. This bill introduces the concept of national interest, which, in my view, makes perfect sense. I would just like to hear the MP’s opinion and perhaps get his response on how this criterion of national interest should be defined.

Patrick Bonin, Repentigny

Bloc Québécois
“I oppose this bill. It hurts the environment and weakens workers' rights, including the right to strike. The government is helping American oil and gas companies instead of standing up for workers.”
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Official Hansard

Mr. Speaker, right now, the national interest is the government’s interest, and it is the government that decides what is in the national interest. Whether the government likes it or not, it is very clear to us that these debates must take place among elected officials, particularly when it comes to the use of arbitrators, restricting the right to strike and restricting workers’ rights. It is no wonder that the FTQ, the Fédération des travailleurs et travailleuses du Québec, is speaking out against this bill. Not only is this one of the worst rollbacks for the environment, but the bill also includes some extremely worrisome rollbacks in terms of workers’ rights. We in the Bloc Québécois are here to stand up for people and for workers, not to defend the interests of oil and gas companies, which, by the way, primarily belong to American interests.

Frank Caputo, Kamloops—Thompson—Nicola

Conservative
“I want to congratulate Jodhbir Kang and Poonam Deol on their marriage. I also want to ask the Bloc member where he thinks oil and gas fit into Canada. People still need to fly, and even electric cars need energy.”
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Official Hansard

Mr. Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Nicola, and before I begin, I want to recognize someone from my riding who is getting married. Jodhbir Kang, who served as a school trustee in Kamloops—Thompson—Nicola, is marrying Poonam Deol. I want to take this opportunity to wish them the best of luck in their upcoming nuptials, and a long, fruitful life together. I listened to my colleague’s speech, in which he talked a lot about environmental issues, pipelines and things like that. I always wonder where the Bloc sees fossil fuels fitting into Canada. I have to fly here all the time. I drive an electric car. Where does he see that fitting in?

Patrick Bonin, Repentigny

Bloc Québécois
“Canada should stop funding a $40-billion oil pipeline and invest in clean electricity instead. The pipeline will not lower gas prices, and more oil and gas will only worsen forest fires and heat waves.”
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Mr. Speaker, it is simple. Internationally, there are two classes of countries. There are those who are following President Trump, as the Prime Minister is doing, getting into oil and gas, and then there are those who want to break free from this dependence on foreign companies and so on. Canada should invest in the transition, plan for it and not fund a new oil sands pipeline project, to the tune of over $40 billion, that will be aimed at exports and will not change the cost at the pump for people, who will remain dependent on oil and gas. We have everything to gain from electrification, and Quebec is already doing that. My colleague talks about the fact that he has an electric vehicle. That is wonderful. He could also talk about the economic benefits it brings, both in terms of the fact that we keep our money and use Quebec hydroelectricity, and in terms of people’s wallets. Thinking that getting deeper into oil and gas is part of the solution will only worsen the climate crisis. I think he forgot about this summer’s forest fires, as well as the deadly heat waves.

Luc Thériault, Montcalm

Bloc Québécois
“A Liberal member is happy this bill lets foreign investors ignore our environmental laws, workers' rights, and democracy. Is the Prime Minister using this crisis to permanently weaken our rules?”
Official Hansard

Mr. Speaker, my colleague’s speech was insightful and well-informed. Earlier, the Liberal member for Madawaska—Restigouche said he was enthusiastic and pleased that Bill C-39 would, as he put it, allow global investors to flout environmental laws by investing in Canada, to flout workers’ rights, and to flout parliamentary democracy. My colleague was talking about Trumpism. Does he not think that the Prime Minister is exploiting the crisis to push through permanent rollbacks that will not even be in effect during President Trump’s term?

Patrick Bonin, Repentigny

Bloc Québécois
“I oppose this bill. The government is using the tariff crisis as an excuse to permanently ignore our environmental and health laws. Good projects do not need to bypass the rules.”
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Mr. Speaker, I thank my colleague for his clear remarks. We are very clearly dealing with a government that is currently exploiting the tariff crisis. Bill C-39 proposes to make it possible to circumvent environmental laws on a permanent basis. This has nothing to do with the tariff crisis. It shows very clearly that the Liberals want to make this permanent. We have laws and regulations for a reason. We have spent several decades establishing a system to protect the environment and people’s health. Essentially, what Bill C-39 does is allow us, within 24 hours, to throw this entire framework for protecting the environment and people’s health into the dustbin of history. There would be no need to bypass laws and regulations if the projects were sound. Clearly these are bad projects. The Liberal government is using the tariff crisis to literally engage in Trump-style politics, develop oil and gas, set aside the law and rule like a king.

Branden Leslie, Portage—Lisgar

Conservative

Linked statement

“The government promises this bill will make project reviews faster and simpler, but I doubt it will. The one-year deadline does not start until after months of planning, and there is no penalty if the government misses its own deadlines. Many permits are still left out, and the government can still pause the clock. Before we pass this bill, we need clear answers to make sure it will actually give companies quick, reliable decisions.”
Official Hansard

Mr. Speaker, let me take members back in time a few years. When the Liberals introduced Bill C-69, they told us that the new process would make project reviews more efficient, predictable and timely. Now, eight years later, that sales pitch has not aged well at all. Now we have Bill C-39, and the government’s own explanation says its approval system suffers from lengthy timelines that delay projects and create uncertainty for investors. That is quite an admission. What matters now is whether Bill C-39 would actually fix them. This, of course, is after the Liberals brought in Bill C-5, which was going to bring in sweeping legislative changes to allegedly build at speeds not seen in generations. We now have a Major Projects Office that has issued no new permits, built no new projects and created no new jobs other than government jobs, of course, over the past 18 months. In terms of Bill C-39, the first thing we should understand is the government’s promise of a one-year federal review. That sounds simple, but it is not. The clock would not start when a company first brings forward a project. There could first be up to six months of planning. Then, the company would normally have up to a year to provide the studies and information government requires, and even that period could be extended. Only after government officials are satisfied that they have the information they need would the main review clock start. From there, the assessment report would generally be supposed to be completed within 300 days, followed by up to another 65 days for the final decision. Therefore, when Canadians hear “one-year approval”, they should not assume that means one year from the day a project enters the federal system to the day it actually gets an answer. A company considering a $10-billion mine wants to know something simpler: How long will it take from entering the process until it has enough certainty to put billions of dollars on the line? I will be splitting my time with the member for Fort McMurray—Cold Lake. What happens if the government misses its own deadline? The project would not be automatically approved and the government could simply keep reviewing it. The only penalty for the government’s delaying all this is that the minister would have to explain why the deadline was missed, and publish another proposed timeline. If the purpose of a deadline is certainty, how much certainty would it really provide if missing it simply produces some bureaucratic gobbledygook and yet another deadline further down the road? The second major change would be what the government calls “one project, one decision”. Today a company could spend years completing an impact assessment and then discover it still needs another round of federal permits before construction can begin. Bill C-39 would allow the environment minister to issue certain permits at the same time as the final impact assessment decision. For a mine that needs Fisheries Act, Canadian Navigable Waters Act or Species at Risk Act approvals, that could remove some back-to-back processes, but it would not initially include every federal permit. That leaves me with questions. Which permits are actually delaying projects today? How many would be covered properly by the bill? Which important ones would still remain outside it? If a company gets its impact assessment decision but still waits months for another approval, would we have achieved one project, one decision? The bill also would allow certain construction to start before the final decision where doing so is in the “public interest”. Anyone who has built something in rural Canada understands why that can matter: If they miss a construction season, a project could lose many months. If construction could happen while the rest of the assessment continues, time could be saved, but companies need to know early what qualifies. The nuclear changes would be more substantial. For nuclear projects, the Canadian Nuclear Safety Commission would become the lead assessment body. Environmental review, public participation and indigenous consultation would remain. What would change is who would run that process. Instead of having the Impact Assessment Agency of Canada run one process while the nuclear regulator runs another, Bill C-39 would put the CNSC in the driver’s seat, and the minister would no longer be able to send the project into another separate federal review. Instead, the Canadian Nuclear Safety Commission would run the assessment, and once the project is approved, the conditions imposed during that review could simply become part of the nuclear licence the company must follow. In other words, rather than creating one set of conditions through the environmental review and another through the licensing, the bill would try to bring the two processes together. That could reduce duplication, but does the CNSC have enough people and expertise for this new and expanded role? Would projects get decisions faster, or would the bureaucracy simply look cleaner on an organizational charge? Changes for the Canadian Energy Regulator raise similar questions. Bill C-39 would make the CER the sole assessor for pipelines, designated power lines and offshore renewable energy projects. For pipelines, the bill creates two tracks based on how much entirely new corridor has to be built. If a pipeline requires less than 300 kilometres of new right-of-way, the CER would generally make the final decision itself. Today, the regulator can spend up to 450 days reviewing a major pipeline and making a recommendation, only for the file to then go to cabinet for a final decision. For projects below the new threshold, that extra cabinet step would generally disappear, but for pipelines requiring 300 kilometres or more of new corridor, cabinet would still need to make the final call. The CER would have up to 180 days to complete its review and recommendation, and then cabinet would have another 60 days to decide, followed by another 125 days for the CER to issue the final certificate and conditions. Those are significant changes, but where did these numbers come from? Why is it 300 kilometres? Why should a pipeline requiring 290 kilometres of new corridor be decided by the CER, while one requiring 310 kilometres still has to go through a cabinet approval process? Is that the threshold based on environmental risk or project complexity, or is it simply where the government just decided to draw the line? The same question applies to the timelines. Why is it 180 days? Why is it 60? Why is it another 125? Has the CER confirmed that applications can realistically be handled within those periods without stopping the clock more often? The 300-kilometre threshold is also not in reference to the total length of the pipeline. Let us imagine a 500-kilometre pipeline where 350 kilometres follows an existing corridor. If only 150 kilometres requires an entirely new right-of-way, the project would fall below the threshold, even though the pipeline itself is 500 kilometres long. The bill is measuring how much new ground the project must break, not simply how long the pipeline is. Then we get to the fine print. These clocks, they are not absolute. Parts of the process can still be excluded. Additional time can, and I fear most likely will, be added. If the CER or government misses deadlines, the project is not automatically approved. We need to determine whether these timelines will shorten the approval process or whether the clock will simply stop when the difficult parts begin for government. Another idea that deserves attention is the creation of the regions of national interest. Cabinet could designate an entire region and identify categories of projects that may qualify within it. This could matter in an area chock full of critical minerals or a major energy corridor. If government has already completed a regional assessment of water, wildlife and cumulative effects, later project reviews should not have to start from zero. This would not create an immediate fast track. Before a region can get such special treatment, the government would first have to complete a broader regional assessment. If the bill were to come into force, if it were to pass, the list of regions that qualify would be empty. The faster process would only become available later, after government has done the groundwork and designated a region. Who knows how long that will take, given the Liberal government’s track record. Once again, implementation will determine whether this changes anything. After years of being told that the old system was efficient and predictable, we should not just accept that a new set of promises from the Liberal government is going to be the solution. We need answers because we cannot afford to get this wrong. Our country, our future and our prosperous nation are simply too important. Bill C-39 should be judged by a simple standard: Can a company with a project get a clear answer in a reasonable amount of time and then get to work? That is the test. Before Parliament passes this bill, we should be sure this legislation will pass that test.

Dan Albas, Okanagan Lake West—South Kelowna

Conservative
“The government always creates a new office whenever there is a problem, and this bill does it again for trade corridors. None of these offices have fixed the problems they were made for.”
Official Hansard

Mr. Speaker, when the Liberals wanted to say they were going to fix supply chains, they created a supply chain office. When they had issues with building homes, they suddenly built Build Canada Homes, which is a very original name. When they had issues with major projects, they built the Major Projects Office. In this bill, Bill C-39, they want to deal with a national trade corridor, so they are going to create an office to deal with that. Does the member see a pattern, and does he think any of these things are helping on any of the issues I have mentioned?

Branden Leslie, Portage—Lisgar

Conservative
“The government tries to fix every problem by creating more government offices. That is not working. Housing starts are down and our energy sector is struggling. We need a Conservative government to fix the economy.”
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Official Hansard

Mr. Speaker, the government is correctly identifying the problems after we point them out. They are self-imposed problems, but the problem with the government is that all it ever sees is a nail to hit, and it always seems to hit it with a new bureaucracy. As my colleague outlined, whether it be housing, energy or anything else, all the government tries to do is build new government bureaucracies. It turns out, given that housing starts are down and that our oil and gas sector is struggling under this regime, it is time for a change. It is time for a Conservative economic agenda to get this country going.

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