Proceedings of the Standing Senate Committee on
Energy, the Environment and Natural Resources
Issue No. 70 - Minutes of Proceedings - May 16, 2019
OTTAWA, Thursday, May 16, 2019
(142)
[Translation]
The Standing Senate Committee on Energy, the Environment and Natural Resources met this day at 8 a.m., in room B45, Senate of Canada Building, the chair, the Honourable Rosa Galvez, presiding.
Members of the committee present: The Honourable Senators Carignan, P.C., Cordy, Galvez, LaBoucane-Benson, MacDonald, Massicotte, McCallum, Mitchell, Mockler, Patterson, Richards, Seidman, Simons, Stewart Olsen, Tannas and Woo (16).
Other senators present: The Honourable Senators Black (Alberta), Griffin, McCoy and Wetston (4).
In attendance: Jesse Good, Analyst, Parliamentary Information and Research Service, Library of Parliament; Shaila Anwar, Deputy Principal Clerk, Senate Committees Directorate.
Also present: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Wednesday, December 12, 2018, the committee continued its study of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts. (For complete text of the order of reference, see proceedings of the committee, Issue No. 54.)
WITNESS:
Transport Canada:
Nicole Girard, Director General, Navigation Protection Program.
It was agreed that the committee proceed to the clause-by-clause consideration of Bill C-69.
It was agreed that the preamble stand postponed.
It was agreed that the title stand postponed.
It was agreed, with leave, that the amendments on the roadmap be consolidated into groups of 10 or more where appropriate. (The roadmap is attached to the minutes of proceedings.)
The chair asked whether amendments 1 to 10 shall carry.
It was agreed that amendments 1 to 10 carry, on division.
Accordingly, it was agreed:
1. That Bill C-69 be amended in clause 1, on page 4, by replacing line 12 with the following:
"physical activities, but it does not include a physical activity designated by regulations made under paragraph 112(1)(a.2). (projet désigné)''.
2. That Bill C-69 be amended in clause 1, on page 4, by replacing line 20 with the following:
"to be carried out, in whole or in part. They do not include greenhouse gas emissions generated from another physical activity or designated project located downstream from the designated project. (effets directs ou accessoires)''.
3. That Bill C-69 be amended in clause 1, on page 9, by adding the following after line 5:
"3.1 For greater certainty, nothing in this Act affects the operation of any Act of the legislature of a province that relates to environmental protection.''.
4. That Bill C-69 be amended in clause 1, on page 9, by replacing line 8 with the following:
"ule 2. It also does not apply in respect of the following physical activities, wherever they are carried out:
(a) the construction, operation, decommissioning or abandonment of a new facility, plant, structure or thing for recovering oil sands by drilling or other in situ recovery operations, not including mining operations;
(b) the expansion of an existing facility, plant, structure or thing for recovering oilsands by drilling or other in situ recovery operations, not including mining operations;
(c) the construction, operation, decommissioning or abandonment of a new pipeline, other than an offshore pipeline or a pipeline that is regulated under the Canadian Energy Regulator Act and is of a length of 40 km or more;
(d) the expansion of an existing pipeline — other than an offshore pipeline or a pipeline regulated under the Canadian Energy Regulator Act — that is of a length of 40 km or more;
(e) the construction, operation, decommissioning or abandonment of a new facility, plant, structure or thing for the generation of wind electric power or solar electric power;
(f) the expansion of an existing facility, plant, structure or thing for the generation of wind electric power or solar electric power;
(g) the construction, operation, decommissioning or abandonment of a facility, plant, structure or thing for the refining, manufacturing, or processing of natural gas, natural gas liquids or petroleum to produce refined products or other light hydrocarbon components or products;
(h) the construction, operation, decommissioning or abandonment of all generating units using natural gas as their primary fuel, including cogeneration, combined cycle generation turbines, converted coal-to-gas generation and simple cycle turbines; and
(i) the expansion of all generating units using natural gas as their primary fuel, including cogeneration, combined cycle generation turbines, converted coal-to-gas generation and simple cycle turbines.''.
5. That Bill C-69 be amended in clause 1, on page 9, by replacing line 15 with the following:
"are within the legislative authority of Parliament from significant''.
6. That Bill C-69 be amended in clause 1, on page 9, by adding the following after line 16:
"(b.1) to establish a process for conducting impact assessments that provides certainty to investors and stakeholders, encourages innovation in the carrying out of designated projects and creates opportunities for economic development;''.
7. That Bill C-69 be amended in clause 1, on page 9, by replacing lines 25 and 26 with the following:
"a careful and precautionary manner to avoid significant adverse effects within federal jurisdiction and significant adverse direct or''.
8. That Bill C-69 be amended in clause 1, on page 9, by replacing line 29 with the following:
"between federal and provincial governments — while respecting the legislative competence of each — and the''.
9. That Bill C-69 be amended in clause 1,
(a) on page 10, by adding the following after line 11:
"(h.1) to ensure that an impact assessment, regional assessment or strategic assessment takes into account information provided by municipalities that may be affected by the carrying out of a designated project, including any information provided with respect to the impacts of a designated project on land use plans and plans for emergency preparedness;'';
(b) on page 14, by replacing line 28 with the following:
"nous group or municipality that may be affected by the carrying out of'';
(c) on page 15, by replacing lines 15 and 16 with the following:
"that are raised by the public or by any jurisdiction, Indigenous group or municipality that is consulted under section 12, and'';
(d) on page 16, by replacing line 18 with the following:
"jurisdiction, Indigenous group or municipality that is consulted un-'';
(e) on page 21 by adding the following after line 3:
"(n.1) comments received from a municipality that may be affected by the carrying out of a designated project;''
(f) on page 54 by replacing line 33 with the following:
"ate with any municipality that is affected by the carrying out of a designated project or any jurisdiction referred to in paragraphs (a) to''; and
(g) on page 82,
(i) by replacing line 18 with the following:
"(h) to develop policy related to this Act;''
(ii) by replacing line 20 with the following:
"ples of Canada on policy issues related to this Act; and
(j) to engage in consultations with municipalities that may be affected by the carrying out of a designated project, particularly consultations with respect to the impacts of a designated project on land use plans and plans for emergency preparedness.''.
10. That Bill C-69 be amended in clause 1, on page 10,
(a) by replacing line 31 with the following:
"ments;'';
(b) by replacing line 33 with the following:
"ments through the use of follow-up programs; and
(o) to improve investor confidence, strengthen the Canadian economy, encourage prosperity and improve the competitiveness of the Canadian energy and resource sectors.''.
The chair asked whether amendments 11 to 15, including amendments 11a and 11b, shall carry.
After debate, it was agreed that amendments 11 to 15 carry, on division.
Accordingly, it was agreed:
11. That Bill C-69 be amended in clause 1, on page 11,
(a) by replacing line 30 with the following:
"tional purposes,
(ii.1) their health, social or economic conditions, or''; and
(b) by replacing lines 33 to 36 with the following:
"nificance; or''.
11a. That Bill C-69 be amended in clause 1, on page 12, by adding the following after line 27:
"(4) Despite paragraph (1)(d), the proponent of a designated project may do an act or thing in connection with the carrying out of the designated project, in whole or in part, that may cause a change described in that paragraph in relation to an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 if the change is not adverse and the council, government or other entity that is authorized to act on behalf of the Indigenous group, community or people and the proponent have agreed that the act or thing may be done.''.
11b. That Bill C-69 be amended in clause 1, on page 12, by adding the following after line 27:
"(4) Notwithstanding paragraph 7(3)(a), a decision under subsection 16(1) that an impact assessment is not required does not affect any duty of a proponent to consult, as required by law, with Indigenous peoples likely to be affected by the project and does not abrogate or derogate from the rights recognized and affirmed by section 35 of the Constitution Act, 1982.''.
12. That Bill C-69 be amended in clause 1, on page 12, by adding the following after line 27:
"(4) Notwithstanding paragraph 7(3)(a), a decision under subsection 16(1) that an impact assessment is not required does not prohibit the proponent of a designated project from undertaking an act or thing in connection with the carrying out of the designated project, in whole or in part, and does not affect any duty of a proponent to consult, as required by law, with an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 and is likely to be affected by the project.''.
13. That Bill C-69 be amended in clause 1, on page 13, by replacing lines 6 to 10 with the following:
"109(b) if, in his or her opinion, the carrying out of that physical activity may cause significant adverse effects within federal jurisdiction that are
(a) complex and may require a complex set of mitigation measures; or
(b) novel and either their severity or the effects of any associated mitigation measures are unknown.''.
14. That Bill C-69 be amended in clause 1, on page 13, by adding the following after line 10:
"(1.1) The Minister may only designate a physical activity under subsection (1) if there are unique or exceptional circumstances that warrant designation of the physical activity.''.
15. That Bill C-69 be amended in clause 1, on page 13, by replacing lines 11 and 12 with the following:
"(2) Before making the order, the Minister may consider adverse impacts that a physical activity may''.
The Honourable Senator McCallum proposed amendment 16:
That Bill C-69 be amended in clause 1, on page 13, by replacing line 13 with the following:
"have on the rights of the Indigenous peoples of Canada — and, in particular, Indigenous women —''.
After debate, it was agreed that the amendment be amended by replacing the words "and, in particular,'' with "including''.
The question being put on the amendment as amended, it was adopted.
The chair asked whether amendments 17 to 25 shall carry.
It was agreed that amendments 17 to 25 carry, on division.
Accordingly, it was agreed:
17. That Bill C-69 be amended in clause 1, on page 13, by replacing line 21 with the following:
"quest referred to in subsection (1) within 30 days after''.
18. That Bill C-69 be amended in clause 1, on page 13, by replacing line 1 with the following:
"the impact assessment of that project are not significant, or, if significant, are in the public''.
19. That Bill C-69 be amended in clause 1, on page 13,
(a) by replacing line 24 with the following:
"(5) The Agency may suspend the time limit for re-''; and
(b) by replacing lines 27 to 33 with the following:
"completed. If the Agency suspends the time limit, it must post on the Internet site a notice that sets out its reasons for doing so.
(6) When the Agency is of the opinion that the prescribed activity is completed, it must post a notice to that effect on the Internet site.''.
20. That Bill C-69 be amended in clause 1,
(a) on page 13, by replacing line 26 with the following:
"scribed by regulations made under paragraph 112(1)(c) is'';
(b) on page 14, by replacing line 15 with the following:
"made under paragraph 112(1)(a).'';
(c) on page 15, by replacing line 27 with the following:
"made under paragraph 112(1)(a).'';
(d) on page 17, by replacing line 28 with the following:
"made under paragraph 112(1)(a), including tailored'';
(e) on page 18, by replacing line 15 with the following:
"112(1)(c) is completed. If the Minister suspends the time'';
(f) on page 24, by replacing line 28 with the following:
"graph 112(1)(c) is completed. If the Minister suspends the'';
(g) on page 28, by replacing line 27 with the following:
"tions made under paragraph 112(1)(c) is completed. If the'';
(h) on page 30, by replacing line 4 with the following:
"paragraph 112(1)(c) is completed. If the Minister suspends'';
(i) on page 48,
(i) by replacing line 11 with the following:
"paragraph 112(1)(e) or that are part of a class of activities'', and
(ii) by replacing line 17 with the following:
"nated by regulations made under paragraph 112(1)(e) or'';
(j) on page 58, by replacing line 14 with the following:
"ulations made under paragraph 112(1)(f).''; and
(k) on page 59, by replacing line 6 with the following:
"ulations made under paragraph 112(1)(f).''.
21. That Bill C-69 be amended in clause 1, on page 14,
(a) by replacing lines 4 and 5 with the following:
"stantially begun;
(b) more than 60 days have passed since the day on which the proponent filed an application with a federal or provincial regulatory agency to seek approval for the physical activity; or
(c) a federal or provincial authority has exercised a power or per-''; and
(b) by replacing line 7 with the following:
"Act of Parliament other than this Act or under an Act of the legislature of a province that could permit''.
22. That Bill C-69 be amended in clause 1, on page 14, by replacing line 19 with the following:
"with an opportunity to participate meaningfully, in a manner that the Agency considers appropriate, in its''.
23. That Bill C-69 be amended in clause 1, on page 14, by replacing lines 24 to 29 with the following:
"sessment of a designated project, the Agency must
(a) offer to consult with
(i) any jurisdiction that has powers, duties or functions in relation to an assessment of the environmental effects of the designated project, and
(ii) with any Indigenous group that may be affected by the carrying out of the designated project; and
(b) cooperate with
(i) the Canadian Energy Regulator if the designated project includes physical activities regulated under the Canadian Energy Regulator Act,
(ii) the Canadian Nuclear Safety Commission if the designated project includes physical activities regulated under the Nuclear Safety and Control Act,
(iii) the Canada-Nova Scotia Offshore Petroleum Board if the designated project includes physical activities that are regulated under the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, and
(iv) the Canada—Newfoundland and Labrador Offshore Petroleum Board if the designated project includes physical activities that are regulated under the Canada—Newfoundland and Labrador Atlantic Accord Implementation Act.''.
24. That Bill C-69 be amended in clause 1, on page 15, by replacing line 6 with the following:
"that is the subject of the Agency's preparations — including the Canadian Energy Regulator, the Canadian Nuclear Safety Commission, the Canada-Nova Scotia Offshore Petroleum Board and the Canada—Newfoundland and Labrador Offshore Petroleum Board — must, on''.
25. That Bill C-69 be amended in clause 1, on page 16, by replacing lines 5 and 6 with the following:
"(2) In making its decision, the Agency may consider the following factors:''.
The Honourable Senator McCallum proposed amendment 26:
That Bill C-69 be amended in clause 1, on page 16, by adding the following after line 15:
"(c.1) the extent to which the issuance of a decision statement under section 65 allowing the proponent of the designated project to carry out the designated project would be consistent with the Government of Canada's commitment to implementing the United Nations Declaration on the Rights of Indigenous Peoples;''.
After debate, the question being put on the amendment, it was negatived, on division.
The chair asked whether amendments 27 to 39 shall carry.
It was agreed that amendments 27 to 39 carry, on division.
Accordingly, it was agreed:
27. That Bill C-69 be amended in clause 1,
(a) on page 16:
(i) by replacing the heading before line 30 with the following:
"Notice'', and
(ii) by replacing lines 30 to 32 with the following:
"17 (1) The proponent of a designated project may request that the Minister, the Minister of Finance and the Minister of Natural Resources provide a written notice if, in the opinion of all three Ministers, the project is inconsistent with Government of Canada policy or if''; and
(b) on page 17:
(i) by replacing line 1 with the following:
"a federal authority advises the Minister'',
(ii) by replacing lines 5 to 9 with the following:
"part. The'',
(iii) by replacing line 12 with the following:
"opinion of the three Ministers.
(1.1) The Ministers' written notice under subsection (1) must be provided to the proponent before the Agency provides a notice of commencement of the impact assessment of the designated project under subsection 18(1). For greater certainty, no impact assessment is terminated or suspended on the sole basis that a written notice is provided under this section.'', and
(iv) by adding the following after line 14:
"(3) A proponent's request under subsection (1) must be made at least 30 days before the day on which the Agency is required to provide the proponent of a designated project with a notice of the commencement of the impact assessment of the designated project under subsection 18(1).''.
28. That Bill C-69 be amended in clause 1, on page 17,
(a) by replacing lines 5 to 7 with the following:
"part, the Minis-'';
(b) by replacing line 9 with the following:
"he or she has been so advised. The''; and
(c) by replacing lines 11 and 12 with the following:
"authority will not exercise its power.''.
29. That Bill C-69 be amended in clause 1,
(a) on page 17, by replacing line 15 with the following:
"18 (1) Subject to subsections (3) and (4), if the Agency decides that an impact assessment'', and
(b) on page 18, by replacing lines 1 to 10 with the following:
"(3) The Minister may, on request of any jurisdiction referred to in paragraphs (c) or (d) of the definition jurisdiction in section 2, by order, establish a longer time limit than the time limit referred to in subsection (1), to allow the Agency to cooperate with that jurisdiction with respect to the Agency's obligations under subsection (1).
(4) The Minister may, on the request of a proponent of the designated project, by order, establish a longer time limit than the time limit referred to in subsection (1).
(5) The Agency must post any time limit established under subsection (3) or (4) and the reasons establishing that time limit on the Internet site.''.
30. That Bill C-69 be amended in clause 1, on page 17, by replacing lines 24 to 26 with the following:
"sessment of the project that sets out
(i) the scope of the designated project that the Agency has determined will be subject to the impact assessment,
(ii) the factors under subsection 22(1) that will be considered in the impact assessment of the designated project, as well as the scope of those factors, including any modification of those factors under subsection 22(2),
(iii) any written notice provided under subsection 17(1) if requested by the proponent, and
(iv) the information or studies that the Agency considers necessary for it to conduct the impact assessment; and''.
31. That Bill C-69 be amended in clause 1, on page 17, by replacing lines 25 and 26 with the following:
"or studies that the Agency requires from the proponent and that it considers necessary for the conduct of the impact assessment; and''.
32. That Bill C-69 be amended in clause 1, on page 17, by deleting lines 34 to 37.
33. That Bill C-69 be amended in clause 1, on page 17, by adding the following after line 37:
"(1.2) The scope of the factors referred to in paragraphs 22(1)(a) to (f), (h) to (l), (s) and (t) that are to be taken into account under subsection (1.1), including the extent of their relevance to the impact assessment, is determined by the Agency and is set out in the tailored guidelines referred to in subsection (1).
(1.3) The Agency must respect the principle of proportionality by ensuring that the time and money invested in the information and studies requested in connection with the impact assessment are commensurate with the nature and complexity of the project.''.
34. That Bill C-69 be amended in clause 1, on page 18, by replacing line 10 with the following:
"notice of any extension granted under subsection (4), including any reasons provided by the Governor in Council for granting that extension.''.
35. That Bill C-69 be amended in clause 1, on page 18,
(a) by replacing lines 11 and 12 with the following:
"(6) The Agency may suspend the time limit within which it must provide the notice of the com-''; and
(b) by replacing lines 15 to 21 on page 18 with the following:
"112(c) is completed. If the Agency suspends the time limit, it must post on the Internet site a notice that sets out its reasons for doing so.
(7) When the Agency is of the opinion that the prescribed activity is completed, it must post a notice to that effect on the Internet site.''.
36. That Bill C-69 be amended in clause 1, on page 18, by adding the following after line 21:
"18.1 The Agency may proceed to issue a notice under section 18 despite
(a) a failure by a person to provide comments within the period specified under section 11 or a request from such person or persons to extend the specified period; or
(b) a failure by a jurisdiction or an Indigenous group to respond to the Agency's offer to consult under section 12, or a request from such a party for certain consultation to be completed under section 12 prior to the issuance of a notice of commencement under subsection 18(1).''.
37. That Bill C-69 be amended in clause 1, on page 18, by replacing lines 34 and 35 with the following:
"tion or studies that the Agency considers necessary for the conduct of the impact assessment.''.
38. That Bill C-69 be amended in clause 1, on page 19, by adding the following after line 9:
"Provincial Jurisdiction
20.1 No action may be taken by the Agency or the Minister under this Act in respect of a designated project in respect of which the government of a province in which that designated project is located — in whole or in part — requests that the Agency take no further action if the request
(a) sets out the provincial authority in respect of the environmental assessment of the designated project; and
(b) is received by the Agency no later than 30 days after the day on which the notice referred to in subsection 18(2) is posted on the Internet site.''.
39. That Bill C-69 be amended in clause 1, on page 19,
(a) by replacing line 10 with the following:
"21 (1) The Agency — or the Minister if the impact assess-''; and
(b) by adding the following after line 28:
"(2) The Agency — or the Minister if the impact assessment of the designated project has been referred to a review panel — and the Canada-Nova Scotia Offshore Petroleum Board or Canada—Newfoundland and Labrador Offshore Petroleum Board, as the case may be, shall cooperate with respect to the impact assessment of a designated project that includes activities that are regulated under the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act or the Canada—Newfoundland and Labrador Atlantic Accord Implementation Act.
(3) The Agency and the Canada-Nova Scotia Offshore Petroleum Board and Canada—Newfoundland and Labrador Offshore Petroleum Board shall, to ensure effective cooperation and avoid duplication of work and activities, conclude memoranda of understanding in relation to the conduct of impact assessments referred to in subsection (2) — other than those referred to a review panel.
(4) Sections 25 to 29 apply, with such modifications as the circumstances may require, to the Agency, the Canada-Nova Scotia Offshore Petroleum Board or Canada—Newfoundland and Labrador Offshore Petroleum Board, as the case maybe, in relation to the impact assessment of a designated project referred to in subsection (2) — other than those referred to a review panel.
(5) If the Minister has referred the impact assessment of a designated project referred to in subjection (2) to a review panel,
(a) the panel's terms of reference established by the Minister in accordance with section 41 shall include provisions for the panel's cooperation with the Canada-Nova Scotia Offshore Petroleum Board or Canada—Newfoundland and Labrador Offshore Petroleum Board, as the case may be; and
(b) the Minister, on the recommendation of the Chairperson of the Canada-Nova Scotia Offshore Petroleum Board or the Chairperson of the Canada—Newfoundland and Labrador Offshore Petroleum Board, as the case may be, shall appoint to a panel at least two persons who are members of the applicable Board and who may be appointed as members of a review panel.
(6) The Canada-Nova Scotia Offshore Petroleum Board and Canada—Newfoundland and Labrador Offshore Petroleum Board, as the case may be, shall cooperate with the Agency or the review panel in respect of any impact assessment referred to in subsection (2).''.
The Honourable Senator McCallum proposed amendment 40:
That Bill C-69 be amended in clause 1, on page 19,
(a) by replacing line 10 with the following:
"21 (1) The Agency — or the Minister if the impact assess-'';
(b) by replacing line 18 with the following:
"sessment of the effects of a designated''; and
(c) by adding the following after line 28:
"(2) The Agency or the Minister, as the case may be, must, when consulting with any jurisdiction referred to in paragraphs (e) to (g) of the definition jurisdiction in section 2, consult in a manner that is inclusive, transparent and reflective of the views and priorities of Indigenous peoples of Canada and, in particular, Indigenous women.''.
After debate, it was agreed that the motion in amendment stand postponed.
The chair informed the committee that amendment 42 was withdrawn by the Conservative Party of Canada caucus and that it was replaced with amendment 43.
The chair asked whether amendments 41 to 44 shall carry.
It was agreed that amendments 41 to 44 carry, on division.
Accordingly, it was agreed:
41. That Bill C-69 be amended in clause 1, on page 19, by replacing lines 20 to 24 with the following:
"der the Canada Oil and Gas Operations Act or the Canada Transportation Act; and''.
43. That Bill C-69 be amended in clause 1,
(a) on page 19, by replacing lines 31 to 33 with the following:
"must, subject to subsection (2), consider the following factors:
(a) the effects within federal jurisdiction and the positive and negative'';
(b) on page 20,
(i) by replacing line 1 with the following:
"consequences of these effects that are likely to be'',
(ii) by deleting lines 26 to 28, and
(iii) by replacing lines 32 to 36 with the following:
"tributes to the environmental, health, social and economic effects and is consistent with any relevant published policy on sustainability developed by the Agency under paragraph 155(h) and identified in the documents provided to the proponent under paragraph 18(1)(b);
(i) the extent to which the effects of the designated project hinder or contribute to the Government of Canada's ability to meet its environmental obligations and its commitments in respect of climate change while also accounting for provincial enactments respecting climate change;''; and
(c) on page 21,
(i) by replacing line 3 with the following:
"(n) comments received from the public or, with respect to a designated project that is referred to a review panel, any interested party;'';
(ii) by replacing lines 7 and 8 with the following:
"(p) consistency with any relevant assessment referred in section 92, 93 or 95— other than one related to paragraph 22(1)(h) — if that assessment has been completed prior to the notice of commencement for the designated project under subsection 18(1);'', and
(iii) by replacing lines 19 and 20 with the following:
"(s) consistency with any relevant published policy on the intersection of sex and gender with any other identity factors developed by the Agency under paragraph 155(h) and identified in the documents provided to the proponent under paragraph 18(1)(b); and''.
44. That Bill C-69 be amended in clause 1, on page 20, by adding the following after line 11:
"(a.1) the project's impact, on a global level, on the environment and climate change;''.
The chair asked whether amendment 45 shall carry.
After debate, the question being put on the amendment, it was negatived, on division.
Accordingly, the following amendment was negatived:
45. That Bill C-69 be amended in clause 1, on page 20, by adding the following after line 19:
"(c.1) the extent to which the issuance of a decision statement under section 65 allowing the proponent of the designated project to carry out the designated project would be consistent with the Government of Canada's commitment to implementing the United Nations Declaration on the Rights of Indigenous Peoples;''.
The chair asked whether amendment 46 shall carry.
It was agreed that amendment 46 carry.
Accordingly, it was agreed:
46. That Bill C-69 be amended in clause 1, on page 20, by replacing line 20 with the following:
"(d) the purpose of, need for and economic impacts of the designated''.
The Honourable Senator McCallum proposed amendment 47:
That Bill C-69 be amended in clause 1, on page 20, by adding the following after line 36:
"(i.1) the extent to which the effects of the designated project hinder or contribute to the just and equitable transition of the workforce to low-carbon economic sectors and the creation of decent work and quality jobs, with particular attention to Indigenous peoples of Canada and, in particular, Indigenous women;''.
After debate, the question being put on the amendment, it was negatived, on division.
The chair asked whether amendments 48 to 59 shall carry.
It was agreed that amendments 48 to 59 carry, on division.
Accordingly, it was agreed:
48. That Bill C-69 be amended in clause 1, on page 21, by adding the following after line 6:
"(o.1) any decisions made by a provincial authority in respect of the environmental assessment of the designated project or a portion thereof;
(o.2) consistency between the designated project and any law or regulation of a province in which the designated project is located, in whole or in part;''.
49. That Bill C-69 be amended in clause 1, on page 21, by replacing line 8 with the following:
"93 or 95 that has been completed before the notice of commencement was provided to the proponent of the designated project under subsection 18(1);''.
50. That Bill C-69 be amended in clause 1, on page 21, by replacing lines 22 and 23 with the following:
"that the Agency requires to be''.
51. That Bill C-69 be amended in clause 1, on page 21, by replacing lines 25 to 30 with the following:
"(2) The Agency or the Minister, if the impact assessment is referred to a review panel, may determine
(a) that a factor under subsection (1) other than a factor in paragraphs 1(g) and (n) to (t) does not need to be taken into account;
(b) the scope of any factors to be taken into account.''.
52. That Bill C-69 be amended in clause 1, on page 21, by adding the following after line 30:
"(3) When taking into account an assessment referred to in section 92, 93 or 95, the Agency or review panel may consider the weight to be given to that assessment as it considers appropriate, having regard to both the relevance of the assessment and the strength of evidence supporting the assessment's conclusions.''.
53. That Bill C-69 be amended in clause 1, on page 22, by replacing line 10 with the following:
"conducted;
(a.1) subject to the other provisions of this Act, processes are established that the Agency considers appropriate to engage meaningfully with the public — and, in particular, the Indigenous people of Canada and Indigenous organizations — when conducting an impact assessment; and''.
54. That Bill C-69 be amended in clause 1, on page 22,
(a) by replacing line 26 with the following:
"with an opportunity to participate meaningfully, in a manner that the Agency considers appropriate, within''; and
(b) by replacing line 28 with the following:
"sessment of a designated project and that the proponent has an opportunity to respond to comments received from the public.
27.1 The Agency may establish the manner that it considers appropriate for members of the public to participate in an impact assessment conducted by the Agency, taking into account
(a) the degree to which a member of the public is directly affected by the designated project; and
(b) whether a member of the public has relevant information or expertise regarding the matters to be decided.
55. That Bill C-69 be amended in clause 1, on page 23, by replacing line 20 with the following:
"which those effects are significant.''.
56. That Bill C-69 be amended in clause 1,
(a) on page 23, by replacing line 36 with the following:
"the Agency may establish''; and
(b) on page 24,
(i) by replacing line 6 with the following:
"in subsection (2), for any reason that the Agency con-'', and
(ii) by replacing lines 8 and 9 with the following:
"The Agency must post any time limit established under this subsection and the reasons establishing that time limit on the Internet site.''.
57. That Bill C-69 be amended in clause 1, on page 24, by replacing lines 21 to 24 with the following:
"the Minister's order made under subsection (5) and a notice of any extension granted under this section, including the reasons for granting the extension.''.
58. That Bill C-69 be amended in clause 1, on page 24,
(a) by replacing lines 25 and 26 with the following:
"(9) The Agency may suspend the time limit within which it must submit the report until any activi-''; and
(b) by replacing lines 28 to 35 with the following:
"graph 112(c) is completed. If the Agency suspends the time limit, it must post on the Internet site a notice that sets out its reasons for doing so.
(10) When the Agency is of the opinion that the prescribed activity is completed, it must post a notice to that effect on the Internet site.''.
59. That Bill C-69 be amended in clause 1, on page 24, by adding the following after line 35:
"28.1 The Agency or review panel may not adjourn or defer the impact assessment of a designated project because an assessment referred to in section 92, 93 or 95 was not completed before the notice of commencement for the designated project.''.
The chair asked whether amendments 60 to 76 shall carry.
It was agreed that amendments 60 to 76 carry, on division.
Accordingly, it was agreed:
60. That Bill C-69 be amended in clause 1, on page 26, by replacing lines 9 to 12 with the following:
"the Canada Oil and Gas Operations Act or the''.
61. That Bill C-69 be amended in clause 1, on page 26, by replacing line 17 with the following:
"eration of the factors set out in subsection 22(1) that the Minister has determined are relevant to the project;''.
62. That Bill C-69 be amended in clause 1, on page 27, by replacing line 10 with the following:
"which those effects are significant.''.
63. That Bill C-69 be amended in clause 1, on page 27,
(a) by replacing line 32 with the following:
"mitted to the Minister at the end of the assessment under the substituted process approved under section 31, the''; and
(b) by replacing lines 34 to 38 with the following:
"Agency is of the opinion that additional information is required for the purposes of subsection 60(1), it may require the proponent of the designated project to provide the additional information to the Minister or may make a request to the jurisdiction that followed the process to provide that information to the Minister.''.
64. That Bill C-69 be amended in clause 1, on page 28,
(a) by replacing lines 24 and 25 with the following:
"(3) The Agency may suspend the time limit within which the Minister may refer an impact assessment to a re- ''; and
(b) replacing lines 28 to 34 with the following:
"Agency suspends the time limit, it must post on the Internet site a notice that sets out its reasons for doing so.
(4) When the Agency is of the opinion that the prescribed activity is completed, it must post a notice to that effect on the Internet site.''.
65. That Bill C-69 be amended in clause 1, on page 29,
(a) replacing lines 6 to 26 with the following:
"designated project to a review panel, the Agency must establish the following time limits:
(a) the time limit, after the day on which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site, within which the review panel must submit a report with respect to that impact assessment to the Minister; and
(b) the time limit, after the day on which the review panel submits the report, within which the Agency must post its recommendations under subsection 55.1(2).
(2) Subject to subsection (3), the total number of days for the time limits established under subsection (1) must not exceed 600 unless the Agency is of the opinion that more time is required to allow the review panel to cooperate with a jurisdiction referred to in section 21 with respect to the impact assessment of the designated project or to take into account circumstances that are specific to that project.
(3) The Minister may extend the time limit established under paragraph (1)(a) by any period — up to a maxi-''; and
(b) replacing lines 34 to 38 with the following:
"(5) The Agency must post the following items on the Internet site:
(a) the Agency's reasons for establishing the time limits under subsection (1);
(b) a notice of any extension granted under subsection (3), including the Minister's reasons for granting that extension; and
(c) a notice of any extension granted under subsection (4).''.
66. That Bill C-69 be amended in clause 1, on page 29, by replacing lines 9 and 10 with the following:
"than 510 days after the day on which the notice of commencement of the impact assessment of the designated project is posted on the Internet site in accordance with subsection 18(2).''.
67. That Bill C-69 be amended in clause 1, on page 30,
(a) by replacing line 1 with the following:
"(6) The Agency may suspend the time limit within''; and
(b) by replacing lines 4 to 11 with the following:
"paragraph 112(c) is completed. If the Agency suspends the time limit, it must post on the Internet site a notice that sets out its reasons for doing so.
(7) When the Agency is of the opinion that the prescribed activity is completed, it must post a notice to that effect on the Internet site.''.
68. That Bill C-69 be amended in clause 1, on page 30, by replacing lines 15 to 28 with the following:
"of the Acts referred to in section 43, the Agency must establish the following time limits:
(a) the time limit, after the day on which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site, within which the review panel must submit a report with respect to that impact assessment to the Minister; and
(b) the time limit, after the day on which the review panel submits the report, within which the Agency must post its recommendations under subsection 55.1(2).
(2) Subject to subsection (4), the total number of days for the time limits established under subsection (1) must not exceed 300. However, the total number of days may be up to 600 if the Agency is of the opinion that the review panel requires more time and it establishes those time limits before it posts a copy of the notice of the commencement of the impact assessment on the Internet site.
(3) The Agency must take into consideration the factors set out in subsection 36(2) in establishing a time limit that exceeds 300 days.''.
69. That Bill C-69 be amended in clause 1, on page 31, by replacing line 16 with the following:
"regulated under the Nuclear Safety and Control Act, other than in respect of a uranium mine or mill;''.
70. That Bill C-69 be amended in clause 1, on page 33, by replacing lines 1 and 2 with the following:
"of reference and the Agency must, within the same period, appoint as a member one or more persons from a roster established under paragraph 50(a)(i) who are unbiased and free from any conflict of in-''.
71. That Bill C-69 be amended in clause 1, on page 33, by replacing line 18 with the following:
"of the factors set out in the notice of commencement provided to the proponent of the designated project under subsection 18(1) and is conducted''.
72. That Bill C-69 be amended in clause 1, on page 33, by replacing lines 26 and 27 with the following:
"established under paragraph 37(1)(a);''.
73. That Bill C-69 be amended in clause 1, on page 33, by replacing line 31 with the following:
"(c) the Agency must — within 45 days after the day''.
74. That Bill C-69 be amended in clause 1, on page 34, by replacing line 2 with the following:
"designated project to a review panel if the project is substantially different from any designated project that has previously been the subject of an impact assessment conducted by a review panel and the project in-''.
75. That Bill C-69 be amended in clause 1, on page 34, by replacing line 5 with the following:
"(a) the Nuclear Safety and Control Act, other than in respect of a uranium mine or mill;''.
76. That Bill C-69 be amended in clause 1, on page 34, by replacing line 9 with the following:
"under the Nuclear Safety and Control Act, other than in respect of a uranium mine or mill, to a review''.
The chair asked whether amendments 77 and 78 shall carry.
It was agreed that amendments 77 and 78 carry, on division.
Accordingly, it was agreed:
77. That Bill C-69 be amended in clause 1, on page 34, by replacing line 13 with the following:
"net site — establish the panel's terms of reference in consultation with the President of the Canadian Nuclear Safety Commission and ap-''.
78. That Bill C-69 be amended in clause 1, on page 34, by replacing lines 25 to 30 with the following:
"President of the Canadian Nuclear Safety Commission.''.
The chair informed the committee that amendment 79 was replaced with the amendment labelled CPC-1.34v7.
The Honourable Senator Patterson explained the proposed change.
The chair asked whether the new amendment 79 shall carry.
It was agreed that the new amendment 79 carry, on division.
Accordingly, it was agreed:
79. That Bill C-69 be amended in clause 1, on page 34, by replacing lines 31 and 32 with the following:
"(4) The chairperson must be appointed from the roster and the persons appointed from the roster may''.
The chair asked whether amendments 80 to 90 shall carry.
It was agreed that amendments 80 to 90 carry, on division.
Accordingly, it was agreed:
80. That Bill C-69 be amended in clause 1, on page 35,
(a) by replacing line 3 with the following:
"under the Nuclear Safety and Control Act — other than in respect of a uranium mine or mill — including''; and
(b) by replacing line 5 with the following:
"ment, the review panel referred to in section 43 may exercise the powers con-''.
81. That Bill C-69 be amended in clause 1, on page 35, by replacing line 13 with the following:
"net site — establish the panel's terms of reference in consultation with the Lead Commissioner of the Canadian Energy Regulator and ap-''.
82. That Bill C-69 be amended in clause 1, on page 35, by replacing lines 25 to 29 with the following:
"Lead Commissioner of the Canadian Energy Regulator.''.
83. That Bill C-69 be amended in clause 1, on page 35, by replacing lines 30 and 31 with the following:
"(4) The chairperson must be appointed from the roster, and the persons appointed from the roster may''.
84. That Bill C-69 be amended in clause 1, on page 36, by replacing line 4 with the following:
"referred to in section 14 and the content of the notice of commencement of the designated project provided to the proponent pursuant to subsection 18(1).''.
85. That Bill C-69 be amended in clause 1, on page 36:
(a) by replacing line 5 with the following:
"50 (1) The Minister must establish the following rosters:''; and
(b) by adding the following after line 21:
"(2) In establishing a roster under subparagraph 50(1)(a)(ii), the Minister must consult with the Minister of Natural Resources or the member of the Queen's Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Nuclear Safety and Control Act.
(3) In establishing a roster under subparagraph 50(1)(a)(iii), the Minister must consult with the member of the Queen's Privy Council for Canada that is designated by the Governor in Council as the Minister for the purposes of the Canadian Energy Regulator Act.''.
86. That Bill C-69 be amended in clause 1, on page 36, in the French version,
(a) by replacing line 6 with the following:
"a) une liste de personnes qui peuvent être nommées'';
(b) by replacing line 12 with the following:
"b) une liste de personnes qui sont membres de la''; and
(c) by replacing line 16 with the following:
"c) une liste de personnes qui sont des commissaires''.
87. That Bill C-69 be amended in clause 1, on page 36, by replacing line 30 with the following:
"opportunity to participate meaningfully in the manner and to the extent that the review panel considers appropriate in the circumstance, within the''.
88. That Bill C-69 be amended in clause 1, on page 37, by replacing line 13 with the following:
"from the public and any response to those comments received from the proponent, and''.
89. That Bill C-69 be amended in clause 1, on page 37, by replacing lines 16 and 17 with the following:
"and recommendations as to whether the designated project should be approved and conditions in relation to adverse effects within federal jurisdiction, including any mitigation measures and follow-up programs it considers appropriate;''
90. That Bill C-69 be amended in clause 1, on page 37, by adding the following after line 37:
"(4) A review panel conducting a public hearing under this Act may determine the manner in and extent to which a person may participate, taking into account the extent to which the person would be directly affected by the project and whether, in the opinion of the review panel, the person has relevant information or expertise in relation to the matter before the review panel.
(5) A determination of the review panel under subsection (4) is final and conclusive.''.
The chair asked whether amendments 91 to 101 shall carry.
It was agreed that amendments 91 to 101 carry, on division.
Accordingly, it was agreed:
91. That Bill C-69 be amended in clause 1, on page 37, by replacing line 5 with the following:
"effects are significant,''.
92. That Bill C-69 be amended in clause 1, on page 39, by adding the following after line 22:
"55.1 (1) The Agency must make recommendations to assist the Minister in establishing conditions under section 64 in respect of the designated project that is the subject of a report referred to in section 55.
(2) The Agency must post its recommendations on the Internet site.''.
93. That Bill C-69 be amended in clause 1, on page 40, by replacing lines 4 to 6 with the following:
"will not submit its report within the time limit established under paragraph 37(1)(a), including any ex-''.
94. That Bill C-69 be amended in clause 1, on page 41, by replacing line 9 with the following:
"which those effects are significant.''.
95. That Bill C-69 be amended in clause 1, on page 41, by replacing lines 20 to 22 with the following:
"(a) determine if the significant adverse effects within federal jurisdiction — and the significant adverse direct or incidental effects — that are indicated in the report, if any, are, in light of''.
96. That Bill C-69 be amended in clause 1, on page 41,
(a) by replacing line 31 with the following:
"61 (1) After taking into account the report with respect to'';
(b) by replacing line 34 with the following:
"the Minister under section 59, the responsible authority must refer to''; and
(c) by adding the following after line 39:
"(2) For the purpose of subsection (1), responsible authority means,
(a) in the case of a report prepared by a review panel established under subsection 44(1), the Minister and the Minister of Natural Resources or the member of the Queen's Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Nuclear Safety and Control Act;
(b) in the case of a report prepared by a review panel established under subsection 47(1), the Minister and the member of the Queen's Privy Council for Canada that is designated by the Governor in Council as the Minister for the purposes of the Canadian Energy Regulator Act; or
(c) the Minister, in any other case.''.
97. That Bill C-69 be amended in clause 1, on page 41, by replacing lines 36 to 38 with the following:
"whether the significant adverse effects within federal jurisdiction — and the significant adverse direct or incidental effects — that are indicated in the report, if any, are, in light of the factors re-''.
98. That Bill C-69 be amended in clause 1, on page 42, by replacing lines 6 to 8 with the following:
"whether the significant adverse effects within federal jurisdiction — and the significant adverse direct or incidental effects — that are indicated in the report, if any, are, in light of the factors re-''.
99. That Bill C-69 be amended in clause 1, on page 42, by replacing lines 14 and 15 with the following:
"referred to in that subsection, must be based on the contents of the report with respect to the impact assessment — including the positive and negative consequences of any changes to the environment or to health, social or economic conditions that are indicated in the report — and a consid-''.
100. That Bill C-69 be amended in clause 1, on page 42, by adding the following after line 9:
"62.1 (1) Despite any other provision of this Act, any determination under paragraph 60(1)(a) or determination under section 62 must be made no later than the later of
(a) 730 days after the day on which the notice referred to in subsection 19(4) is posted on the Internet site;
(b) in the case of a determination under paragraph 60(1)(a), a date fixed by the order of the Minister on request of the proponent; and
(c) in the case of a determination under section 62, a date fixed by order of the Governor in Council on request of the proponent.
(2) The Agency must post on the Internet site a notice of any extension fixed by an order made under paragraphs (1)(b) and (c), along with any reasons for granting the extension.''.
101. That Bill C-69 be amended in clause 1, on page 42, by replacing lines 21 and 22 with the following:
"effects are described as significant in the impact assessment report;''.
The chair asked whether amendments 102 to 106 shall carry.
It was agreed that amendments 102 to 106 carry, on division.
Accordingly, it was agreed:
102. That Bill C-69 be amended in clause 1, on page 42, by replacing line 34 with the following:
"and its commitments in respect of climate change as described in any relevant assessment referred to in section 95 that has been completed before the notice of commencement was provided to the proponent of the designated project under subsection 18(1).''.
103. That Bill C-69 be amended in clause 1, on page 42,
(a) by replacing line 37 with the following:
"section 62, that the significant effects that are indicated in the report''; and
(b) by replacing line 39 with the following:
"may be, takes into account are in the public interest, or if no significant adverse effects are indicated in the report, the''.
104. That Bill C-69 be amended in clause 1, on page 42, by replacing lines 17 and 18 with the following:
"(a) the environmental, health, social and economic effects of the designated project;
(a.1) any relevant policy on sustainability developed under paragraph 155(h) that has been provided to the proponent under paragraph 18(1)(b) in accordance with regulations made under paragraph 112(a);''.
105. That Bill C-69 be amended in clause 1, on page 42, by adding the following after line 18:
"(a.1) the potential economic and social effects of the designated project;''.
106. That Bill C-69 be amended in clause 1, on page 42, by adding the following after line 22:
"(b.1) any decisions made by a provincial authority in respect of the environmental assessment of the designated project or a portion thereof;
(b.2) consistency between the designated project and any law or regulation of a province in which the designated project is located, in whole or in part;''.
The chair asked whether amendment 107 shall carry.
It was agreed that amendment 107 be negatived, on division.
Accordingly, it was agreed that the following amendment be negatived:
107. That Bill C-69 be amended in clause 1, on page 42, by replacing line 30 with the following:
"firmed by section 35 of the Constitution Act, 1982;
(d.1) the extent to which the issuance of a decision statement under section 65 allowing the proponent of the designated project to carry out the designated project would be consistent with the Government of Canada's commitment to implementing the United Nations Declaration on the Rights of Indigenous Peoples; and''.
The chair asked whether amendments 108 to 118 shall carry.
It was agreed that amendments 108 to 118 carry, on division.
Accordingly, it was agreed:
108. That Bill C-69 be amended in clause 1 on page 42, by replacing lines 30 to 34 with the following:
"firmed by section 35 of the Constitution Act, 1982;
(e) consistency with any relevant assessment referred to in section 92, 93 or 95 that has been completed before the notice of commencement was provided to the proponent of the designated project under subsection 18(1); and
(f) federal legislation applicable to the designated project and that relates to the Government of Canada's environmental obligations and its commitments in respect of climate change.''.
109. That Bill C-69 be amended in clause 1, on page 42, by replacing line 40 with the following:
"Minister must, taking into consideration the recommendations made in the report with respect to the impact assessment, establish any condition that he or she con-''.
110. That Bill C-69 be amended in clause 1, on page 43,
(a) by replacing line 3 with the following:
"that the significant effects that are indicated in the report that the''; and
(b) by replacing line 5 with the following:
"takes into account are in the public interest, or if no significant adverse effects are indicated in the report, the Minister''.
111. That Bill C-69 be amended in clause 1, on page 43, by replacing line 6 with the following:
"must, taking into consideration the recommendations made in the report with respect to the impact assessment, establish any condition that he or she considers ap-''.
112. That Bill C-69 be amended in clause 1, on page 43, by replacing line 22 with the following:
"may include''.
113. That Bill C-69 be amended in clause 1, on page 43, by adding the following after line 32:
"64.1 A determination under paragraph 60(1)(a) may not be delayed on the basis that, before the notice of commencement of the impact assessment is provided to the proponent under subsection 18(1),
(a) an assessment referred to in sections 92, 93 or 95 was not completed, or
(b) a relevant policy had not been developed under paragraph 155(h).''.
114. That Bill C-69 be amended in clause 1, on page 43, by replacing line 35 with the following:
"(a) informs the proponent of any determination made''.
115. That Bill C-69 be amended in clause 1, on page 44, by replacing lines 18 to 21 with the following:
"sion statement no later than 90 days after
(a) the day on which the report with respect to the impact assessment of the designated project, or a summary of that report, is posted on the Internet site, if the report is submitted to the Minister under subsection 28(2) or section 59 or at the end of the assessment under the process approved under section 31; or
(b) the day on which the Agency posts its recommendations on the Internet site under subsection 55.1(2), if the recommendations are in respect of a designated project that is the subject of a report received by the Minister under section 55.''.
116. That Bill C-69 be amended in clause 1, on page 44, by deleting lines 26 to 28.
117. That Bill C-69 be amended in clause 1, on page 45, by replacing line 4 with the following:
"Act — other than in respect of a uranium mine or mill — designate any condition that is included in the deci-''.
118. That Bill C-69 be amended in clause 1, on page 45, by adding the following after line 21:
"(3.1) Sections 120 to 152 do not apply to the administration or enforcement of this Act as it relates to a condition of a decision statement that is issued in relation to a designated project that includes activities that are regulated, as applicable, under the Canada—Newfoundland and Labrador Atlantic Accord Implementation Act or the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act if the condition is a requirement of an authorization issued under the Act in question in relation to that designated project.''.
The committee discussed amendment 108.
The chair asked whether amendments 119 to 127 shall carry.
It was agreed that amendments 119 to 127 carry, on division.
Accordingly, it was agreed:
119. That Bill C-69 be amended in clause 1, on page 45, by replacing line 33 with the following:
"it or to remove, add or amend conditions in a decision statement referred to in subsection 67(1), (2) or (3).''.
120. That Bill C-69 be amended in clause 1, on page 48, by adding the following after line 3:
"Judicial Review
74.1 (1) Except as provided for in this Act, the following determinations and decisions are final and conclusive:
(a) the Minister's decision to designate a physical activity under subsection 9(1);
(b) the Agency's decision under subsection 16(1) as to whether an impact assessment is required;
(c) the Minister's decision to refer an impact assessment to a review panel under subsection 36(1);
(d) the Minister's determination under paragraph 60(1)(a) as to whether the effects referred to in that paragraph are in the public interest; and
(e) the Governor in Council's determination under section 62 as to whether the effects referred to in that section are in the public interest.
(2) This section does not apply in respect of a report or portion of a report
(a) submitted by the Agency under subsection 28(2) or 59(1); or
(b) by a review panel under paragraph 51(1)(e).
74.2 (1) Judicial review by the Federal Court of Appeal with respect to any determination or decision referred to in subsection 74.1(1) is commenced by making an application for leave to that Court.
(2) The following rules govern an application made under subsection (1):
(a) the application must be filed in the Registry of the Federal Court of Appeal within the 30-day period that begins on the day after the day on which the order, notice, or decision statement that sets out the determination or decision is posted on the Internet site;
(b) a judge of that Court may, for special reasons, allow an extended time for filing and serving the application; and
(c) a judge of that Court must dispose of the application without delay and in a summary way and, unless a judge of that Court directs otherwise, without personal appearance.
(3) If leave is granted for a judicial review of a determination or decision referred to in subsection 74.1(1), the hearing shall be held no later than 60 days after the day on which leave was granted.''.
121. That Bill C-69 be amended in clause 1, on page 50, by replacing line 22 with the following:
"and that is not a designated project or a physical activity designated by regulations made under paragraph 112(1)(a.2); and''.
122. That Bill C-69 be amended in clause 1, on page 51, by adding the following after line 23:
"(a.1) any decisions made by a provincial authority in respect of the environmental assessment of the designated project or a portion thereof;
(a.2) consistency between the designated project and any law or regulation of a province in which the designated project is located, in whole or in part;''.
123. That Bill C-69 be amended in clause 1, on page 54, by replacing lines 10 to 13 with the following:
"(a) the Minister must
(i) offer, to any jurisdiction referred to in paragraphs (c) and (d) of the definition jurisdiction in section 2 that the Minister considers appropriate, to enter into an agreement or arrangement respecting''.
124. That Bill C-69 be amended in clause 1, on page 54,
(a) by replacing lines 25 and 26 with the following:
"(2) If an agreement or arrangement referred to in paragraph (1)(b) is entered into, the''; and
(b) by adding the following after line 30:
"(3) In respect of an agreement or arrangement entered into under subparagraph(1)(a)(i), the Minister must
(a) establish or approve the committee's terms of reference, including a specified time limit within which the assessment must be completed; and
(b) appoint or approve the appointment of the members of the committee, of which at least one person must have been recommended by the jurisdiction with which the agreement or arrangement was entered into.''.
125. That Bill C-69 be amended in clause 1,
(a) on page 54, by replacing line 31 with the following:
"94 (1) If the Agency conducts an assessment referred to in''; and
(b) on page 55, by adding the following after line 2:
"(2) The purpose of an assessment referred to in subsection 92 or 93 includes
(a) improving knowledge of baseline environmental conditions in a region; and
(b) providing information that can be used in an impact assessment to reduce the scope of any studies required and expedite the impact assessment.''.
126. That Bill C-69 be amended in clause 1, on page 55,
(a) by replacing line 3 with the following:
"95 (1) The Minister may establish a committee — or autho-''; and
(b) by adding the following after line 10:
"(2) The Minister may, by order, deem any completed assessment of a matter described in paragraph 95(1)(a) or (b) to be an assessment conducted under this section.''.
127. That Bill C-69 be amended in clause 1, on page 55, by adding the following after line 10:
"95.1 The purpose of an assessment under section 95 includes providing information that can used in an impact assessment to reduce the scope of any studies required and expedite the impact assessment.''.
The Honourable Senator McCallum proposed amendment 128:
That Bill C-69 be amended in clause 1, on page 55, by replacing lines 26 to 28 with the following:
"may be, must:
(a) take into account any scientific information and Indigenous knowledge — and, in particular, the knowledge of Indigenous women — provided with respect to the assessment; and
(b) include a gender-based analysis of the effects of the policies, plans, programs or issues being assessed.''.
After debate, it was agreed that the amendment be amended by replacing the words "in particular'' with "including''.
After debate, the question being put on the amendment as amended, it was adopted, on division.
The committee discussed amendment 120.
The chair asked whether amendments 129 to 138 shall carry.
After debate, it was agreed that amendments 129 to 138 carry, on division.
Accordingly, it was agreed:
129. That Bill C-69 be amended in clause 1, on page 56, by replacing lines 3 and 4 with the following:
"meaningfully, in a manner that the Agency or committee, as the case may be, considers appropriate and within the time period that it specifies, in any assess-''.
130. That Bill C-69 be amended in clause 1, on page 61, by replacing line 27 with the following:
"class of physical activities and specifying which physical activity or class of physical activities may be designated by the Minister under paragraph 112(1)(a.2);''.
131. That Bill C-69 be amended in clause 1,
(a) on page 62, replacing line 11:
"(f) prescribing — other than the time limit referred to in subsection 97(1) — anything that, by this Act, is to be pre-''; and
(b) on page 63, adding after line 12:
"(e.1) prescribing the time limit referred to in subsection 97(1);''.
132. That Bill C-69 be amended in clause 1,
(a) on page 62, by replacing line 27 with the following
"112 (1) The Minister may make regulations''; and
(b) on page 63, by adding the following after line 18:
"(2) The Minister may make a regulation designating a physical activity or class of physical activities under paragraph (1)(a.2) only after considering an assessment referred to in section 92 or 93 that is in relation to that physical activity or class of physical activities.
(3) A person or entity — federal authority, government or body — that proposes the carrying out of a physical activity that is designated by the Minister under paragraph 112(1)(a.2) or that is part of a class of physical activities that is designated by the Minister under that paragraph must notify the Agency in writing that they propose to do so.
(4) The Statutory Instruments Act does not apply to a regulation made under paragraph 112(1)(a.2).
(5) The Agency must post any regulation made under paragraph 112(1)(a.2) on the Internet site.
112.1 A physical activity or class of physical activities that is designated by the Minister under paragraph 112(1)(a.2) is excluded from the physical activities or class of physical activities that is designated by the Governor in Council under paragraph 109(b) if it meets the conditions established by the Minister.''.
133. That Bill C-69 be amended in clause 1, on page 62, by adding the following after line 36:
"(a.2) designating, for the purposes of section 112.1, a physical activity or class of physical activities from among those specified by the Governor in Council under paragraph 109(b) and establishing the conditions that must be met for the purposes of the designation;''.
134. That Bill C-69 be amended in clause 1, on page 66,
(a) by replacing line 29 with the following:
"ests of the Inuit;''; and
(b) by replacing line 32 with the following:
"ests of the Métis; and
(d) one person recommended by a jurisdiction referred to in paragraph (c) or (d) of the definition jurisdiction in section 2.''.
135. That Bill C-69 be amended in clause 1, on page 68, by replacing line 25 with the following:
"120 (1) The President of the Agency may designate persons or classes''.
136. That Bill C-69 be amended in clause 1, on page 68, by replacing line 29 with the following:
"(2) The President of the Agency must provide every person designated''.
137. That Bill C-69 be amended in clause 1, on page 81, by replacing line 17 with the following:
"(2) The Minister is responsible for the Agency. The Minister may not, except as provided in this Act, direct the President of the Agency or its employees, or any review panel members, with respect to a report, decision, order or recommendation to be made under this Act.''.
138. That Bill C-69 be amended in clause 1, on page 82, by replacing line 4 with the following:
"(c) to promote harmonization in rela-''.
The Honourable Senator Woo proposed amendment 139:
That Bill C-69 be amended in clause 1, on page 84,
(a) by replacing lines 11 to 14 with the following:
"160 (1) The Governor in Council shall appoint an officer to be the President of the Agency after consultation with the leader of every recognized party in the House of Commons.
(1.1) The President holds office during good behaviour for a term of five years, but may be removed for cause by the Governor in Council.
(1.2) The President has the rank and all the powers of a deputy head of a department.''; and
(b) by replacing lines 17 with the following:
"Act as authorized by the Minister. However, the President must not give directions with respect to any particular project report, decision, order or recommendation of the Agency or review panel except as otherwise provided in this Act.''.
After debate, it was agreed that the amendment be amended, in the last paragraph, by replacing the words "the Agency or'' with the word "a''.
After debate, the question being put on the amendment as amended, it was adopted, on division.
The chair asked whether amendments 140 to 146 shall carry.
It was agreed that amendments 140 to 146 carry, on division.
Accordingly, it was agreed:
140. That Bill C-69 be amended in clause 1, on page 85, by replacing line 28 with the following:
"167 Five years after the day on which this Act comes into''.
141. That Bill C-69 be amended in clause 1, on page 90, by adding the following after line 26:
"182.1 Any environmental assessment of a designated project by the National Energy Board commenced under the 2012 Act, in respect of which a decision statement has not been issued under section 31 of the 2012 Act before the day on which this Act comes into force, is continued under the 2012 Act as if that Act had not been repealed.''.
142. That Bill C-69 be amended in clause 1, on page 92, by adding the following after line 30:
"187.1 (1) A study referred to in subsection 73(1) or 74(1) of the 2012 Act that was commenced under that Act but was not completed before the day on which this Act comes into force is continued as an assessment referred to in section 92 or 93, respectively, of this Act.
(2) A report referred to in section 75 of the 2012 Act is deemed to be a report referred to in subsection 102(1) of this Act that is provided to the Minister on completion of an assessment referred to in section 92 or 93 of this Act.''.
143. That Bill C-69 be amended in clause 1, on page 2, by adding the following after line 11:
"Whereas the Government of Canada is committed to enhancing Canada's global competitiveness by building a system that enables decisions to be made in a predictable and timely manner, thereby providing certainty to investors and stakeholders, driving innovation and enabling the carrying out of sound projects that create jobs in all regions of Canada;''.
144. That Bill C-69 be amended in clause 1, on page 2, by replacing line 13 with the following:
"efficiently managed impact assessments provide an effective means of in-''.
145. That Bill C-69 be amended in clause 1, on page 2, by replacing line 23 with the following:
"in a meaningful way, while ensuring that these processes proceed in a timely fashion;''.
146. That Bill C-69 be amended in clause 1, on page 2, by replacing line 25 with the following:
"the public should have prompt access to the reasons on''.
The chair asked whether clause 1, as amended, shall carry.
It was agreed that clause 1, as amended, carry, on division.
It was agreed, with leave, that the clauses for which no amendment is identified on the roadmap be consolidated.
The chair asked whether clauses 2 to 5 shall carry.
It was agreed that clauses 2 to 5 carry, on division.
At 9:09 a.m., it was agreed that the committee be suspended.
At 9:20 a.m., the committee resumed.
The committee continued its clause-by-clause consideration of Bill C-69.
The chair asked whether amendment 147 shall carry.
It was agreed that amendment 147 carry, on division.
Accordingly, it was agreed:
147. That Bill C-69 be amended in clause 6, on page 94, by replacing line 19 with the following:
"site — establish the panel's terms of reference in consultation with the Chairperson of the Canada-Nova Scotia Offshore Petroleum Board and ap-''.
The Honourable Senator Cordy proposed amendment 148:
That Bill C-69 be amended in clause 6, on page 94, by replacing line 34 with the following:
"(4) The chairperson must not be appointed from the roster and the persons appointed from the roster must not con-''.
After debate, the question being put on the motion in amendment, it was negatived by a show of hands.
The chair asked whether clause 6, as amended, shall carry.
It was agreed that clause 6, as amended, carry, on division.
The chair asked whether amendments 149 to 151 shall carry.
It was agreed that amendments 149 to 151 carry, on division.
Accordingly, it was agreed:
149. That Bill C-69 be amended in clause 7, on page 95, by replacing line 8 with the following:
"tablish the panel's terms of reference in consultation with the Chairperson of the Canada—Newfoundland and Labrador Offshore Petroleum Board and appoint the''.
150. That Bill C-69 be amended in clause 7, on page 95, by replacing lines 21 and 22 with the following:
"Offshore Petroleum Board.''.
151. That Bill C-69 be amended in clause 7, on page 95, by adding the following after line 22:
"(3.1) A member of the Canada—Newfoundland and Labrador Offshore Petroleum Board may be appointed to a review panel, including as its chairperson.''.
The Honourable Senator Cordy proposed amendment 152:
That Bill C-69 be amended in clause 7, on page 95, by replacing line 23 with the following:
"(4) The chairperson must not be appointed from the roster and the persons appointed from the roster must not con-''.
The question being put on the motion in amendment, it was negatived by a show of hands.
The chair asked whether clause 7, as amended, shall carry.
It was agreed that clause 7, as amended, carry, on division.
The chair asked whether amendments 153 and 154 shall carry.
It was agreed that amendments 153 and 154 carry, on division.
Accordingly, it was agreed:
153. That Bill C-69 be amended in clause 8,
(a) on page 95, by replacing line 34 with the following:
"Canada-Nova Scotia Offshore Petroleum Board — or who are selected by the Minister after consultation with the Board and the Minister of Natural Resources — and''; and
(b) on page 96, by replacing line 5 with the following:
"Petroleum Board — or who are selected by the Minister after consultation with the Board and the Minister of Natural Resources — and who may be appointed as mem-''.
154. That Bill C-69 be amended, on page 96, by adding the following after line 7:
"8.1 (1) Subsection 61(2) of the Act is amended by adding the following after paragraph (a):
(a.1) in the case of a report prepared by a review panel established under subsection 46.1(1), the Minister and the Minister of Natural Resources;
(2) Subsection 61(2) of the Act is amended by striking out "or'' and the end of paragraph (b) and by adding the following after paragraph (b):
(b.1) in the case of a report prepared by a review panel established under subsection 48.1(1), the Minister and the Minister of Natural Resources; or''.
The chair asked whether clause 8, as amended, shall carry.
It was agreed that clause 8, as amended, carry, on division.
The chair asked whether clause 9 shall carry.
It was agreed that clause 9 carry, on division.
The chair asked whether amendments 155 to 173 shall carry.
It was agreed that amendments 155 to 173 carry, on division.
Accordingly, it was agreed:
155. That Bill C-69 be amended in clause 10,
(a) on page 100, by replacing lines 14 and 15 with the following:
"Minister means the Minister of Natural Resources. (ministre)''; and
(b) on page 104, by deleting lines 1 to 3.
156. That Bill C-69 be amended in clause 10, on page 102, by adding the following after line 19:
"3.1 For greater certainty, nothing in this Act affects the operation of any Act of the legislature of a province that relates to environmental protection.''.
157. That Bill C-69 be amended in clause 10,
(a) on page 110, by replacing line 13 with the following:
"27 Subject to paragraph 42(1)(c), subsection 42(2), sections 45 to 47 and sub-''; and
(b) on page 115, by replacing line 13 with the following:
"(c) specifying the number of commis-''.
158. That Bill C-69 be amended in clause 10, on page 110, by replacing lines 20 and 21 with the following:
"terms of up to six years each.''.
159. That Bill C-69 be amended in clause 10, on page 118, by adding the following after line 11:
"(5) The Commission, in conducting a public hearing under this Act may determine the manner in and extent to which a person may participate, taking into account the extent to which the person would be directly affected by the project and whether, in the opinion of the Commission, the person has relevant information or expertise in relation to the matter before the review panel.
(6) A determination of the Commission under subsection (5) is final and conclusive.''.
160. That Bill C-69 be amended in clause 10, on page 125,
(a) by replacing lines 8 to 11 with the following:
"72 (1) Except as otherwise provided for in this Act, every decision or order made under this Act by the Commission, a review panel established under the Impact Assessment Act exercising and performing the powers, duties and functions of the Commission under section 185, the Minister or the Governor in Council is final and conclusive.
(1.1) An appeal from a decision or order of the Commission, a review panel established under the Impact Assessment Act exercising and performing the powers, duties and functions of the Commission under section 185, the Minister or the Governor in Council under this Act on any question of law or of jurisdiction may be brought in the Federal Court of Appeal with the leave of that Court.'';
(b) by replacing lines 18 to 22 with the following:
"(4) For greater certainty, a report submitted by the Com-''; and
(c) by adding the following after line 26:
"(5) The filing of a notice of appeal under subsection 72(1.1) does not suspend the operation of a decision or order made under this Act.''.
161. That Bill C-69 be amended in clause 10, on page 126,
(a) by replacing line 16 with the following:
"74 (1) The Regulator may establish processes that the Reg-'';
(b) by replacing line 19 with the following:
"Canada and Indigenous organizations — including when public''; and
(c) by adding the following after line 20:
"(2) In establishing processes under subsection (1), the Commission may decide on the manner that it considers appropriate for members of the public to participate, taking into account
(a) the degree to which a member of the public is directly affected by the application; and
(b) whether a member of the public has relevant information or expertise regarding the matters to be decided.''.
162. That Bill C-69 be amended in clause 10, on page 173, by replacing line 3 with the following:
"must prepare and submit to the Minister and Minister of Natural Resources, and make pub-''.
163. That Bill C-69 be amended in clause 10, on page 173, by replacing line 21 with the following:
"ly related to the pipeline, and which may include''.
164. That Bill C-69 be amended in clause 10,
(a) on page 173,
(i) by replacing lines 27 to 32 with the following:
"consistency with any order made under section 13 providing the Regulator with directions on policy matters regarding the intersection of sex and gender with other identity factors;
(d) the effects of the project on the rights of Indigenous peoples'', and
(ii) by replacing line 34 with the following:
"Constitution Act, 1982 and their current use of lands and resources for traditional purposes;''; and
(b) on page 174,
(i) by replacing lines 3 to 8 with the following:
"(j) consistency with any relevant assessment referred to in section 92, 93 or 95 of the Impact Assessment Act regarding the Government of Canada's environmental obligations and commitments in respect of climate change, if the assessment was completed before the date on which the application was filed;
(k) consistency with any assessment referred to in section 92, 93 or 95 of the Impact Assessment Act — other than one referred to paragraph (j) — if that assessment was completed before the date on which the application for a certificate was filed; and'', and
(ii) by adding the following after line 11:
"(2.1) The Commission shall not adjourn, defer, deny, refuse or reject an application because an assessment referred to in sections 92, 93 or 95 of the Impact Assessment Act that is related to that application has not been completed''.
165. That Bill C-69 be amended in clause 10, on page 175, by replacing line 30 with the following:
"(b) prepare and submit to the Minister and Minister of Natural Resources a report on its''.
166. That Bill C-69 be amended in clause 10, on page 176, by replacing line 35 with the following:
"tion 37.1 of that Act;''.
167. That Bill C-69 be amended in clause 10, on page 177, by replacing lines 22 and 23 with the following:
"(1.1) Despite any other provision of this Act, an order made under subsection (1) must be made within 600 days after the day on which the Commission has received a complete application for a certificate in respect of a pipeline, unless extended by order of the Governor in Council on application of the proponent.
(2) An order made under subsection (1) or (1.1) must include a statement of the reasons for the making of the order. The reasons in relation to an order under subsection (1) must demon-''.
168. That Bill C-69 be amended in clause 10, on page 177, by replacing lines 29 and 30 with the following:
"within 90 days after the day on which the recommendations referred to in paragraph 37.1(1)(b) of the Impact Assessment Act are posted on the Internet site referred to in section 105 of that Act. The Governor in Council may,''.
169. That Bill C-69 be amended in clause 10, on page 178, by replacing line 18 with the following:
"Federal Court of Appeal within 30 days after the day''.
170. That Bill C-69 be amended in clause 10,
(a) on page 207, by replacing line 31 with the following:
"(6) In the circumstances prescribed by regulations made under section 291.1, the''; and
(b) on page 220,
(i) by replacing line 38 with the following:
"der section 258; and'', and
(ii) by replacing lines 40 to 42 with the following:
"tion 259.
291.1 The Regulator may make regulations prescribing, for the purposes of subsection 262(6), the circumstances in which periods may be excluded from the calculation of the time limit.''.
171. That Bill C-69 be amended in clause 10, on page 207, by replacing line 37 with the following:
"sions of the time limit specified under subsection (4), but in no case may the time limit in subsection (4) be extended past 550 days after the day on which the completed application was received.''.
172. That Bill C-69 be amended in clause 10,
(a) on page 224, by replacing line 33 with the following:
"(6) In the circumstances prescribed by regulations made under section 312.1, the''; and
(b) on page 233, by replacing line 31 with the following:
"this Part, other than the circumstances referred to in subsection 298(6).
312.1 The Regulator may make regulations prescribing, for the purposes of subsection 298(6), the circumstances in which periods may be excluded from the calculation of the time limit.''.
173. That Bill C-69 be amended in clause 10, on page 272, by replacing line 10 with the following:
"392 Five years after the day on which this Act comes into''.
The chair asked whether clause 10, as amended, shall carry.
It was agreed that clause 10, as amended, carry, on division.
The chair asked whether clause 11 shall carry.
It was agreed that clause 11 carry, on division.
The chair asked whether amendment 174 shall carry.
It was agreed that amendment 174 carry, on division.
Accordingly, it was agreed:
174. That Bill C-69 be amended in clause 12, on page 273, by replacing line 4 with the following:
"ment day ceases to hold office on that day. For greater certainty, a person who ceases to hold office under this subsection may be appointed a Commissioner under subsection 28(1) of the Canadian Energy Regulator Act.''.
The chair asked whether clause 12, as amended, shall carry.
It was agreed that clause 12, as amended, carry, on division.
The chair asked whether amendment 175 shall carry.
It was agreed that amendment 175 carry, on division.
Accordingly, it was agreed:
175. That Bill C-69 be amended in clause 13, on page 273, by replacing line 23 with the following:
"ment day ceases to hold office on that day. For greater certainty, a person who ceases to hold office under this subsection may be appointed a Commissioner under subsection 28(1) of the Canadian Energy Regulator Act.''.
The chair asked whether clause 13, as amended, shall carry.
It was agreed that clause 13, as amended, carry, on division.
The chair asked whether clauses 14 to 46 shall carry.
It was agreed that clauses 14 to 46 carry, on division.
The chair asked whether amendments 176 and 177 shall carry.
It was agreed that amendments 176 and 177 carry, on division.
Accordingly, it was agreed:
176. That Bill C-69 be amended in clause 47, on page 284, by replacing lines 18 and 19 with the following:
"result of the construction of any work, that is used''.
177. That Bill C-69 be amended, on page 286, by adding the following after line 9:
"47.1 The Act is amended by adding the following after section 2:
2.01 For greater certainty, the definition navigable water in section 2 does not include artificial irrigation channels or drainage ditches.''.
The chair asked whether clause 47, as amended, shall carry.
It was agreed that clause 47, as amended, carry, on division.
The chair asked whether clause 48 shall carry.
It was agreed that clause 48 carry, on division.
The chair asked whether amendments 178 to 185 shall carry.
It was agreed that amendments 178 to 185 carry, on division.
Accordingly, it was agreed:
178. That Bill C-69 be amended in clause 49, on page 287, by replacing lines 9 to 13 with the following:
"4.1 An owner who proposes to construct, place, alter, rebuild, remove or decommission one of the following works may do so if the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, would not interfere with navigation and the owner, before beginning the construction, placement, alteration, rebuilding, removal or decommissioning, deposits any information specified by the Minister in any place specified by the Minister and publishes a notice in any manner, and including any information, specified by the Minister:
(a) a major work in, on, over, under, through or across any navigable water; or
(b) a work — other than a minor work — in, on, over, under, through or across any navigable water that is listed in the schedule.
5 (1) An owner who proposes to construct, place, alter, rebuild, remove or decommission one of the following works must make an application for an approval to the Minister — in the form and manner, and containing the information, specified by the Minister — if the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, may interfere with navigation:''.
179. That Bill C-69 be amended in clause 49, on page 288, by replacing line 5 with the following:
"tion''.
180. That Bill C-69 be amended in clause 49, on page 289, by replacing line 1 with the following:
"(c) the current navigation in that navi-''.
181. That Bill C-69 be amended in clause 49, on page 289, by replacing lines 26 to 29 with the following:
"one that requires the owner to give security in the form of a letter of credit, guar-''.
182. That Bill C-69 be amended in clause 49, on page 291, by replacing lines 20 to 24 with the following:
"9.1 An owner who proposes to construct, place, alter, rebuild, remove or decommission a work — other than a major work or a minor work — in, on, over, under, through or across any navigable water that is not listed in the schedule may do so if
(a) the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, would not interfere with navigation; and
(b) before beginning the construction, placement, alteration, rebuilding, removal or decommissioning, the owner deposits any information specified by the Minister in any place specified by the Minister and publishes a notice in any manner, and including any information, specified by the Minister.
10 (1) An owner who proposes to construct, place, alter, rebuild, remove or decommission a work — other than a major work or a minor work — in, on, over, under, through or across any navigable water that is not listed in the schedule must take one of the following steps if the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, may interfere with navigation:''.
183. That Bill C-69 be amended in clause 49, on page 291, by adding the following after line 31:
"(1.1) The Minister shall prepare and cause to be published guidelines in respect of
(a) the form, manner and information referred to in paragraph (1)(a); and
(b) the information, place and manner referred to in paragraph (1)(b).
(1.2) A guideline prepared and published under subsection (1.1) is not a statutory instrument for the purposes of the Statutory Instruments Act.''.
184. That Bill C-69 be amended in clause 49, on page 294, by replacing line 2 with the following:
"teration, rebuilding, removal or decommissioning that has the possibility of having a negative effect on navigation, the''.
185. That Bill C-69 be amended in clause 49, on page 294, by replacing lines 37 and 38 with the following:
"(c) an emergency that
(i) poses a risk to public health, safety, the environment or property, or
(ii) threatens to cause social disruption or a breakdown in the flow of essential goods, services or resources.
The chair asked whether clause 49, as amended, shall carry.
It was agreed that clause 49, as amended, carry, on division.
The chair asked whether clauses 50 to 58 shall carry.
It was agreed that clauses 50 to 58 carry, on division.
The Honourable Senator McCallum proposed amendment 186:
That Bill C-69 be amended in clause 59, on page 303,
(a) by replacing line 22 with the following:
"27 (1) The Minister may, with respect to his or her responsi-''; and
(b) by adding the following after line 28:
"(2) Before entering into an agreement or arrangement under subsection (1), the Minister must be satisfied that the agreement or arrangement, as the case may be, does not infringe on any rights or privileges conferred by any other agreement or arrangement that has been entered into under that subsection with an Indigenous governing body.
(3) In this section, Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982.''.
After debate, the question being put on the amendment, it was adopted, on division.
The chair asked whether clause 59, as amended, shall carry.
It was agreed that clause 59, as amended, carry, on division.
The chair asked whether clause 60 shall carry.
It was agreed that clause 60 carry, on division.
The Honourable Senator Richards proposed amendment 187:
That Bill C-69 be amended in clause 61, on page 305, by replacing line 18 with the following:
"(b) designating any works, other than ferry cables, that are likely to substan-''.
Ms. Girard answered questions. For the rest of the meeting, she answered questions from time to time.
After debate, it was agreed that the amendment be amended:
(a) by adding, after the word "than'', the words "repair or replacement of'';
(b) by adding, before the word "ferry'', the word "existing''.
After debate, the question being put on the amendment, it was adopted, on division.
The chair asked whether clause 61, as amended, shall carry.
It was agreed that clause 61, as amended, carry, on division.
The chair asked whether amendments 188 and 189 shall carry.
It was agreed that amendments 188 and 189 carry, on division.
Accordingly, it was agreed:
188. That Bill C-69 be amended in clause 62, on page 306, by replacing line 11 with the following:
"(e) the past or current navigation in the''.
189. That Bill C-69 be amended in clause 62, on page 306, by replacing line 14 with the following:
"who navigate or have navigated''.
The chair asked whether clause 62, as amended, shall carry.
It was agreed that clause 62, as amended, carry, on division.
The chair asked whether clauses 63 to 73 shall carry.
It was agreed that clauses 63 to 73 carry, on division.
The Honourable Senator McCallum proposed amendment 190:
That Bill C-69 be amended in clause 74, on page 313,
(a) by replacing line 28 with the following:
"74 (1) The Schedule to the Act is amended by replac-''; and
(b) by adding the following after line 34:
"(2) The Schedule to the Act is amended, in Part 1, by adding the following after item 100:
101 Cedar Lake 53º19'45 N, 100º10'08 W
The lake's water boundary includes the mouths of all connecting waterways''.
After debate, the question being put on the amendment, it was negatived.
The chair asked whether clause 74 shall carry.
It was agreed that clause 74 carry, on division.
The chair asked whether amendment 191 shall carry.
The question being put on the amendment, it was negatived.
Accordingly, it was agreed that the following amendment be negatived:
191. That Bill C-69 be amended in clause 75, on page 313,
(a) by replacing line 35 with the following:
"75 (1) The Schedule to the Act is amended by replac-''; and
(b) by adding the following after line 38:
"(2) The Schedule to the Act is amended, in Part 1, by adding the following after item 100:
101 Cedar Lake 53º19'45 N, 100º10'08 W The lake's water boundary includes the mouths of all connecting waterways''.
The chair asked whether clause 75 shall carry.
It was agreed that clause 75 carry, on division.
The chair asked whether clauses 76 to 101 shall carry.
It was agreed that clauses 76 to 101 carry, on division.
The chair asked whether amendment 192 shall carry.
It was agreed that amendment 192 carry, on division.
Accordingly, it was agreed:
192. That Bill C-69 be amended in clause 102, on page 322,
(a) by replacing line 3 with the following:
"(f.1) the Governor in Council, when the Governor in''; and
(b) by adding the following after line 5:
"(f.2) the Impact Assessment Agency of Canada that is continued under section 153 of the Impact Assessment Act;
(f.3) the Minister, when the Minister makes an order under subsection 9(1), a referral under subsection 36(1) or a determination under paragraph 60(1)(a), of the Impact Assessment Act;
(f.4) the Governor in Council, when the Governor in Council makes a determination under section 62 of the Impact Assessment Act;''.
The chair asked whether clause 102, as amended, shall carry.
It was agreed that clause 102, as amended, carry, on division.
The chair asked whether clauses 103 to 127 shall carry.
It was agreed that clauses 103 to 127 carry, on division
The chair asked whether amendment 193 shall carry.
It was agreed that amendment 193 carry, on division.
Accordingly, it was agreed:
193. That Bill C-69 be amended in clause 128, on page 329, be replacing line 1 with the following:
"112(1)(e) of that Act or that are part of a class of activities''.
The chair asked whether clause 128, as amended, shall carry.
It was agreed that clause 128, as amended, carry, on division.
The chair asked whether clauses 129 to 195 shall carry.
It was agreed that clauses 129 to 195 carry, on division.
The chair asked whether amendments 194 and 195 shall carry.
It was agreed that amendments 194 and 195 carry, on division.
Accordingly, it was agreed:
194. That Bill C-69 be amended in clause 196, on page 357, by replacing line 5 with the following:
"the Governor in Council, which may be no later than the first anniversary of the day on which this Act receives royal assent.''.
195. That Bill C-69 be amended, in clause 196, on page 357,
(a) by replacing line 7 with the following:
"section 6, subsections 8(1) and (3) and 8.1(1) come into''; and
(b) by replacing line 12 with the following:
"section 7, subsections 8(2) and 8(4) and 8.1(2) come into''.
The chair asked whether clause 196, as amended, shall carry.
It was agreed that clause 196, as amended, carry, on division.
The committee resumed the study of amendment 40 proposed by the Honourable Senator McCallum, which had previously stood postponed.
With leave of the committee, amendment 40 was replaced with a new version.
The chair read the new version of amendment 40, proposed by the Honourable Senator McCallum:
That Bill C-69 be amended in clause 1, on page 19,
(a) by replacing line 18 with the following:
"sessment of the effects of a designated''; and
(b) by adding the following after line 28:
"(1.1) The Agency or the Minister, as the case may be, must, when consulting with any jurisdiction referred to in paragraphs (e) to (g) of the definition jurisdiction in section 2, consult in a manner that is inclusive, transparent and reflective of the views and priorities of Indigenous peoples of Canada and, in particular, Indigenous women.''.
After debate, it was agreed that the amendment be amended, in the last paragraph, by replacing the words "and, in particular'' with ", including''.
The question being put on the amendment as amended, it was adopted.
The chair asked whether clause 1, as amended, shall carry.
It was agreed that clause 1, as amended, carry, on division.
The chair asked whether schedules 1 to 4 shall carry.
It was agreed that schedules 1 to 4 carry, on division.
The chair asked whether the preamble shall carry.
It was agreed that the preamble carry, on division.
The chair asked whether the title shall carry.
It was agreed that the title carry.
The chair asked whether the bill, as amended, shall carry.
It was agreed that the bill, as amended, carry, on division.
It was agreed that the Law Clerk and Parliamentary Counsel be authorized to make technical and typographical changes and adjustments to the amendments adopted by the committee.
The chair asked whether the committee wished to append observations to the report.
It was agreed that observations be appended to the report.
It was agreed that the Subcommittee on Agenda and Procedure, with the cooperation of the Honourable Senators McCallum and Patterson, be empowered to approve the final version of the observations, taking into consideration today's discussion.
The Honourable Senator Woo moved:
That the Subcommittee on Agenda and Procedure meet after today's session to discuss the observations to append to the report.
It was agreed that the motion be adopted.
It was agreed that the chair report Bill C-69, with the proposed amendments and observations, to the Senate.
At 10:28 a.m., the Honourable Senator Tannas replaced the Honourable Senator Seidman as a member of the committee and the Honourable Senator Smith replaced the Honourable Senator Stewart Olsen as a member of the committee.
At 10:31 a.m., it was agreed that the committee adjourn to the call of the chair.
ATTEST:
Maxime Fortin
Clerk of the Committee