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QUESTION PERIOD — Environment and Climate Change

Impact Assessment Act

October 17, 2023


Senator Gold, last week, the Supreme Court of Canada ruled that the vast majority of Bill C-69 and the entirety of its regulations are unconstitutional. The act has almost 200 sections, and the Supreme Court found only 10 sections acceptable. The court held that the “’designated project’ scheme . . . exceeds the bounds of federal jurisdiction.”

Bill C-69 was an unmitigated disaster from the start. The Trudeau government itself proposed 150 amendments at the House of Commons committee stage. The Senate passed almost 200 more, and the government accepted 99 — mostly government — amendments. Now, Minister Guilbeault says they will do their homework and tweak it a bit.

Enough, Senator Gold. Stick a fork in it; it’s done. It’s time to repeal the whole bill. When will the Trudeau government finally admit their colossal failure on Bill C-69?

Hon. Marc Gold (Government Representative in the Senate) [ + ]

Thank you for your question. Bill C-69 was and is legislation designed to affirm the importance of proper environmental overview of projects. The Government of Canada respects the Supreme Court’s decision and is considering the guidance that the Supreme Court has provided. The Supreme Court made it clear that important sections dealing with federal jurisdiction remain constitutional and has provided guidelines for moving forward.

The government and the minister have announced that they will be adjusting the legislation to bring it into conformity with the Supreme Court’s decision and will continue to provide the leadership on environmental issues that this country needs and deserves.

Senator Gold, I told your government five years ago that this terrible bill, Bill C-69, was unfixble and would be found unconstitutional:

It intrudes on provincial jurisdiction and violates our Constitution’s division of powers. . . . The Trudeau government keeps shoving its way into matters of provincial jurisdiction.

Your government should have shelved it then but stubbornly refused. Will you shelve it now?

Senator Gold [ + ]

Thank you for your supplementary question. As I’ve just said, honourable colleague, the government is studying the guidance that the Supreme Court has provided for ways to make the legislation fit within the parameters of their ruling, and the minister and the Government of Canada are determined to move forward with this legislation and these changes that they have announced.

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