ENVI Committee Report

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Committee Report

Fifteenth Report

Standing Committee on Environment and Sustainable Development (ENVI)

42nd Parliament, 1st Session

Study

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

In accordance with its Order of Reference of Monday, March 19, 2018, your Committee has considered 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, and agreed on Wednesday, May 23, 2018, to report it with the following amendments:

Preamble

That Bill C-69, in the preamble, be amended by replacing line 23 on page 1 with the following:

“data and the Indigenous knowledge of the Indigenous”

Clause 1

That Bill C-69, in Clause 1, be amended by replacing lines 14 and 15 on page 2 with the following:

“tegrating scientific information and Indigenous knowledge into”

That Bill C-69, in Clause 1, be amended by adding after line 36 on page 2 the following:

“Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples;”

That Bill C-69, in Clause 1, be amended by replacing line 24 on page 4 with the following:

“nomic conditions and the positive and negative consequences of these changes.”

That Bill C-69, in Clause 1, be amended by adding after line 5 on page 7 the following:

“Indigenous knowledge means the Indigenous knowledge of the Indigenous peoples of Canada. (connaissances autochtones)”

That Bill C-69, in Clause 1, be amended by replacing lines 8 and 9 on page 10 with the following:

“count scientific information, Indigenous knowledge and community”

That Bill C-69, in Clause 1, be amended by replacing line 31 on page 10 with the following:

“tainability, respects the Government’s commitments with respect to the rights of the Indigenous peoples of Canada and applies the precautionary principle.”

That Bill C-69, in Clause 1, be amended by adding after line 31 on page 10 the following:

“(3) The Government of Canada, the Minister, the Agency and federal authorities must, in the administration of this Act, exercise their powers in a manner that adheres to the principles of scientific integrity, honesty, objectivity, thoroughness and accuracy.”

That Bill C-69, in Clause 1, be amended by replacing line 8 on page 14 with the following:

“with an opportunity to participate meaningfully in its preparations for”

That Bill C-69, in Clause 1, be amended by replacing lines 29 and 30 on page 15 with the following:

“site under subsection 15(3), the Agency must decide whether an impact assessment of the”

That Bill C-69, in Clause 1, be amended by replacing line 10 on page 16 with the following:

“(d) any comments received within the time period specified by the Agency from the public and from any jurisdiction or Indigenous group that is consulted under section 12;”

That Bill C-69, in Clause 1, be amended by replacing lines 21 to 36 on page 16 with the following:

“Minister’s Notice

17 (1) If, before the Agency provides the proponent of a designated project with a notice of the commencement of the impact assessment of the designated project under subsection 18(1), a federal authority advises the Minister that it will not be exercising a power conferred on it under an Act of Parliament other than this Act that must be exercised for the project to be carried out in whole or in part, or the Minister is of the opinion that it is clear that the designated project would cause unacceptable environmental effects within federal jurisdiction, the Minister must provide the proponent with a written notice that he or she has been so advised or is of that opinion. The written notice must set out the reasons why the federal authority will not exercise its power or the basis for the Minister’s opinion.

(2) The Agency must post a copy of the notice on the Internet site.”

That Bill C-69, in Clause 1, be amended by

(a) replacing line 3 on page 17 with the following:

“does not approve the”

(b) replacing line 14 on page 17 with the following:

“made under paragraph 112(a), including tailored guidelines regarding the information or studies referred to in paragraph (a) and plans for cooperation with other jurisdictions, for engagement and partnership with the Indigenous peoples of Canada, for public participation and for the issuance of permits.”

That Bill C-69, in Clause 1, be amended by adding after line 14 on page 17 the following:

“(1.1) The Agency must take into account the factors set out in subsection 22(1) in determining what information or which studies it considers necessary for it to conduct the impact assessment.”

That Bill C-69, in Clause 1, be amended by

(a) replacing line 17 on page 19 with the following:

“22 (1) The impact assessment of a designated project, whether it is conducted by the Agency or a review panel,”

(b) replacing line 19 on page 19 with the following:

“(a) the changes to the environment or to health, social or economic conditions and the positive and negative consequences of these changes that are likely to be caused by the carrying out of the designated project, including”

“(f) any alternatives to the designated project that are technically and economically feasible and are directly related to the designated project;”

That Bill C-69, in Clause 1, be amended by replacing lines 2 and 3 on page 20 with the following:

“(g) Indigenous knowledge provided with respect to the designated”

That Bill C-69, in Clause 1, be amended by replacing line 30 on page 20 with the following:

“a jurisdiction — or an Indigenous governing body not referred to in paragraph (f) or (g) of the definition jurisdiction in section 2 — that is in respect of a region related to”

That Bill C-69, in Clause 1, be amended by replacing line 40 on page 20 with the following:

“der paragraphs (1)(a) to (f), (h) to (l) and (s) and (t) is determined”

That Bill C-69, in Clause 1, be amended by replacing line 8 on page 22 with the following:

“with an opportunity to participate meaningfully, within the time period specified by the Agency, in the impact assess-”

That Bill C-69, in Clause 1, be amended by adding after line 31 on page 22 the following:

“(3.1) Subject to section 119, the report must set out how the Agency, in determining the effects that are likely to be caused by the carrying out of the designated project, took into account and used any Indigenous knowledge provided with respect to the designated project.”

That Bill C-69, in Clause 1, be amended by adding after line 31 on page 22 the following:

“(3.2) The report must also set out a summary of any comments received from the public, as well as the Agency’s recommendations with respect to any mitigation measures and follow-up program and the Agency’s rationale and conclusions.”

That Bill C-69, in Clause 1, be amended by replacing line 32 on page 25 with the following:

“pate meaningfully in the assessment and to provide comments on a”

That Bill C-69, in Clause 1, be amended by adding after line 10 on page 26 the following:

“(2.1) The Minister must be satisfied that the report that will be submitted to him or her will set out how the jurisdiction that is following the process to be substituted, in determining the effects that are likely to be caused by the carrying out of the designated project, took into account and used any Indigenous knowledge provided with respect to the designated project.”

That Bill C-69, in Clause 1, be amended by

(a) replacing line 11 on page 27 with the following:

“(b) public concerns related to those effects;”

(b) replacing line 15 on page 27 with the following:

“nated project or any part of it; and”

“(d) any adverse impact that the designated project may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.”

That Bill C-69, in Clause 1, be amended by adding after line 37 on page 28 the following:

“37.1 (1) Despite section 37, if the review panel is to conduct an impact assessment of a designated project that includes physical activities that are regulated under any of the Acts referred to in section 43, it must, subject to subsection (2), submit a report with respect to that impact assessment to the Minister no later than 300 days after the day on which he or she appoints to the panel the minimum number of members required.

(2) The Minister may, at any time before the Agency posts a copy of the notice of commencement of the impact assessment on the Internet site, by order, establish a time limit that is longer than the time limit referred to in subsection (1) but is no more than 600 days. The order must include the Minister’s reasons for making it.

(3) The Minister must take into consideration the factors set out in subsection 36(2) in establishing a time limit under subsection (2).

(4) Subsections 37(3) to (7) apply, with any modifications that the circumstances require, with respect to a time limit established under this section.”

That Bill C-69, in Clause 1, be amended by replacing lines 19 to 22 on page 29 with the following:

“(1) with

(a) the Canadian Nuclear Safety Commission if the designated project includes physical activities that are regulated under the Nuclear Safety and Control Act; or

(b) the Canadian Energy Regulator if the designated project includes physical activities that are regulated under the Canadian Energy Regulator Act.”

That Bill C-69, in Clause 1, be amended by

(a) replacing line 37 on page 30 with the following:

“is referred to a review panel, the Minister must — within 45 days 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 — establish”

(b) replacing line 18 on page 31 with the following:

“(a) the Minister must — within 45 days 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 — establish or approve the re-”

“(c) the Minister must — within 45 days 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 — appoint the chairperson, or a”

That Bill C-69, in Clause 1, be amended by replacing line 4 on page 32 with the following:

“panel, the Minister must — within 45 days 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 — establish the panel’s terms of”

That Bill C-69, in Clause 1, be amended by adding after line 22 on page 32 the following:

“(4) The chairperson must not be appointed from the roster and the persons appointed from the roster must not constitute a majority of the members of the panel.”

That Bill C-69, in Clause 1, be amended by replacing line 37 on page 32 with the following:

That Bill C-69, in Clause 1, be amended by adding after line 15 on page 33 the following:

“(4) The chairperson must not be appointed from the roster and the persons appointed from the roster must not constitute a majority of the members of the panel.”

That Bill C-69, in Clause 1, be amended by replacing line 22 on page 33 with the following:

“tion 26(1) of that Act.”

That Bill C-69, in Clause 1, be amended by replacing, in the English version, line 3 on page 34 with the following:

“(c) a roster of persons who are commissioners under”

That Bill C-69, in Clause 1, be amended by replacing line 15 on page 34 with the following:

“opportunity to participate meaningfully, within the time period specified by the review panel, in the impact assessment;”

That Bill C-69, in Clause 1, be amended by adding after line 25 on page 34 the following:

“(ii.1) subject to section 119, sets out how the review panel, in determining the effects that are likely to be caused by the carrying out of the designated project, took into account and used any Indigenous knowledge provided with respect to the designated project,”

That Bill C-69, in Clause 1, be amended by adding after line 22 on page 38 the following:

“(3) Subject to section 119, the report must set out how the Agency, in determining the effects that are likely to be caused by the carrying out of the designated project, took into account and used any Indigenous knowledge provided with respect to the designated project.”

That Bill C-69, in Clause 1, be amended by replacing line 38 on page 38 with the following:

“ral and the reasons for it are posted on the Internet site.”

That Bill C-69, in Clause 1, be amended by replacing line 23 on page 39 with the following:

“referred to in that subsection, must be based on the report with respect to the impact assessment and a considera-”

That Bill C-69, in Clause 1, be amended by replacing line 39 on page 40 with the following:

“(b) the implementation of a follow-up program and, if the Minister considers it appropriate, an adaptive management plan.”

That Bill C-69, in Clause 1, be amended by replacing line 14 on page 41 with the following:

“may be, based the determination on the report with respect to the impact assessment of the designated project and considered each of the factors referred to in section”

That Bill C-69, in Clause 1, be amended by replacing lines 1 to 4 on page 42 with the following:

“(7) The Minister must inform the proponent in writing of any extension granted under this section and the reasons for granting it and ensure that a notice of the extension and the reasons for granting it are posted on the Internet site.”

That Bill C-69, in Clause 1, be amended by adding after line 27 on page 42 the following:

“(4) Sections 120 to 152 do not apply to the administration or enforcement of this Act as it relates to any condition that is considered to be a part of a licence and any decision statement that is considered to be a part of a licence, certificate, order, permit, authorization, leave, exemption, direction or approval.”

That Bill C-69, in Clause 1, be amended by

(a) replacing line 23 on page 43 with the following:

“70 (1) The Minister must, after considering any views provided by the proponent on the matter, establish the period within”

(b) replacing line 26 on page 43 with the following:

“(2) The Minister may, after considering any views provided by the proponent on the matter, extend the period by any period”

That Bill C-69, in Clause 1, be amended by replacing line 18 on page 48 with the following:

“adverse environmental effects must be based on a considera-”

That Bill C-69, in Clause 1, be amended by replacing lines 24 and 25 on page 48 with the following:

“(b) Indigenous knowledge provided with respect to the project;”

That Bill C-69, in Clause 1, be amended by adding after line 33 on page 48 the following:

“(2) However, if the project is to be carried out outside Canada, the authority’s determination need not include a consideration of the factors set out in paragraphs (1)(a) and (b).”

That Bill C-69, in Clause 1, be amended by

(a) replacing lines 2 and 3 on page 49 with the following:

“tion and that invites the public to pro-”

(b) replacing line 5 on page 49 with the following:

“(2) No sooner than 30 days after the day on which it”

That Bill C-69, in Clause 1, be amended by

(a) replacing line 10 on page 49 with the following:

“87 The Minister may, by order, designate a physical activity, or a”

(b) replacing lines 13 and 14 on page 49 with the following:

“and is not a designated project, but that, in the Minister’s opinion, may cause significant adverse environmen-”

“88 (1) The Minister may, by order, designate a class of projects if, in the Minister’s opinion, the carrying out of a project that is a part”

(d) replacing line 23 on page 49 with the following:

“89 (1) If the Minister intends to designate a physical”

(e) replacing line 25 on page 49 with the following:

“or a class of projects under subsection 88(1), the Agency must post on”

(f) replacing line 29 on page 49 with the following:

“(2) The Minister must consider any comments received”

(g) replacing line 32 on page 49 with the following:

“(3) If the Minister designates a physical activity, or a”

(h) replacing line 34 on page 49 with the following:

“projects under subsection 88(1), the Agency must post on the Internet”

(i) replacing line 37 on page 49 with the following:

“projects, as the case may be, and the Minister’s reasons for making”

That Bill C-69, in Clause 1, be amended by

(a) replacing line 12 on page 52 with the following:

“97 (1) The Minister must respond, with reasons and within”

(b) adding after line 16 on page 52 the following:

“(2) When conducting an assessment referred to in section 92, 93 or 95, the Agency or committee, as the case may be, must take into account any scientific information and Indigenous knowledge provided with respect to the assessment.”

That Bill C-69, in Clause 1, be amended by replacing line 17 on page 52 with the following:

“98 Subject to section 119, the Agency, or the committee, must ensure that the”

That Bill C-69, in Clause 1, be amended by replacing line 22 on page 52 with the following:

“public is provided with an opportunity to participate meaningfully, within the time period specified by the Agency or committee, as the case may be, in”

That Bill C-69, in Clause 1, be amended by

(a) replacing line 4 on page 53 with the following:

“102 (1) On completion of the assessment that it conducts,”

(b) adding after line 9 on page 53 the following:

“(2) Subject to section 119, the report must set out how the Agency or committee, as the case may be, took into account and used any Indigenous knowledge provided with respect to the assessment.”

That Bill C-69, in Clause 1, be amended by

(a) replacing line 27 on page 53 with the following:

“designated project that it conducts are posted and, subject to paragraph (4)(c), maintained on the In-”

(b) replacing lines 6 and 7 on page 54 with the following:

“those factors;”

“them may be obtained;

(g.1) any public comments received during the impact assessment; and”

(d) replacing line 31 on page 54 with the following:

“records or information are posted and, subject to paragraph (4)(c), maintained on the Internet site:”

(e) replacing line 14 on page 55 with the following:

“of them may be obtained;

(h.1) any public comments received in the course of the impact assessment; and”

That Bill C-69, in Clause 1, be amended by deleting lines 1 to 3 on page 56.

That Bill C-69, in Clause 1, be amended by replacing lines 29 and 30 on page 57 with the following:

“Indigenous knowledge under this Act or for any consequences that flow”

That Bill C-69, in Clause 1, be amended by

(a) adding after line 8 on page 59 the following:

“(a.1) respecting the form and format of a description referred to in subsection 10(1), of a notice referred to in subsection 15(1) and of any information or study provided under this Act and the manner of providing the description, notice, information or study;”

(b) replacing lines 12 to 14 on page 59 with the following:

“(c) prescribing, for the purposes of any of subsections 9(5), 18(6), 28(9), 36(3) and 37(6), any activity in respect of which a time limit may be suspended and respecting circumstances, in relation to an activity, in which a time limit may be suspended;”

That Bill C-69, in Clause 1, be amended by adding after line 25 on page 62 the following:

“(3) The membership of the council must include at least

(a) one person recommended by an Indigenous governing body or other entity that represents the interests of First Nations;

(b) one person recommended by an Indigenous governing body or other entity that represents the interests of the Inuit; and

That Bill C-69, in Clause 1, be amended by

(a) replacing line 2 on page 63 with the following:

“cal year ends, including the advice with respect to regional and strategic assessments to be given priority.”

(b) replacing line 7 on page 63 with the following:

“two fiscal years, including the advice with respect to regional and strategic assessments to be given priority.”

“comments on the report to the advisory council, including with respect to the advice the council provided about regional and strategic assessments, and then”

That Bill C-69, in Clause 1, be amended by replacing lines 17 and 18 and the heading before line 17 on page 63 with the following:

“Indigenous Knowledge

119 (1) Any Indigenous knowledge that is provided to the Minister, the”

That Bill C-69, in Clause 1, be amended by replacing line 19 on page 63 with the following:

“Agency, a committee referred to in section 92, 93 or 95 or a review panel under this Act in confidence is”

That Bill C-69, in Clause 1, be amended by replacing line 22 on page 63 with the following:

“(2) Despite subsection (1), the Indigenous knowledge re-”

That Bill C-69, in Clause 1, be amended by adding after line 29 on page 63 the following:

“(2.1) Before disclosing Indigenous knowledge under paragraph 2(b) for the purposes of procedural fairness and natural justice, the Minister, the Agency, the committee or the review panel, as the case may be, must consult the person or entity who provided the Indigenous knowledge and the person or entity to whom it is proposed to be disclosed about the scope of the proposed disclosure and potential conditions under subsection (3).”

That Bill C-69, in Clause 1, be amended by replacing line 30 on page 63 with the following:

“(3) The Minister, the Agency, the committee or the review panel, as the”

That Bill C-69, in Clause 1, be amended by replacing line 31 on page 63 and line 1 on page 64 with the following:

“case may be, may, having regard to the consultation referred to in subsection (2.1), impose conditions with respect to the disclosure of Indigenous knowledge by any person or entity to”

That Bill C-69, in Clause 1, be amended by replacing, in the English version, line 4 on page 64 with the following:

“(4) The person or entity referred to in subsection (3) must comply”

That Bill C-69, in Clause 1, be amended by replacing line 23 on page 67 with the following:

“condition established under section 64, amended under subsection 68(1) or added to a decision statement under that subsection, that is alleged”

That Bill C-69, in Clause 1, be amended by replacing line 20 on page 78 with the following:

“related to impact assessment and monitoring committees for matters related to the implementation of follow-up programs and adaptive management plans, including with respect”

That Bill C-69, in Clause 1, be amended by replacing line 25 on page 78 with the following:

“to advise it on issues related to impact assessments and regional and strategic assessments, in-”

That Bill C-69, in Clause 1, be amended by

(a) replacing lines 3 and 4 on page 79 with the following:

“committee.”

(b) adding after line 4 on page 79 the following:

“(2.1) The membership of the committee must include at least

(a) one person recommended by an Indigenous governing body or other entity that represents the interests of First Nations;

(b) one person recommended by an Indigenous governing body or other entity that represents the interests of the Inuit; and

That Bill C-69, in Clause 1, be amended by replacing line 36 on page 83 to line 31 on page 84 with the following:

“respect of which the former Agency has posted the notice of commencement under section 17 of the 2012 Act before that day, is continued under the 2012 Act as if that Act had not been repealed.

(2) The proponent of a designated project referred to in subsection (1) must provide the Agency with any information or studies required by the Agency or the former Agency under subsection 23(2) of the 2012 Act within three years after the day on which this Act comes into force.

(2.1) At the proponent’s request, the Agency may, before the time limit referred to in subsection (2) has expired, extend the time limit by any period that is necessary for the proponent to provide the Agency with the information or studies.

(3) If the proponent fails to provide the information or studies within the time limit referred to in subsection (2) or within any extension of that time limit, the environmental assessment is terminated. The Agency must post a notice of the termination on the Internet site.

(4) Despite subsection (1), at the request of the proponent of a designated project referred to in that subsection that is made within 60 days after the day on which this Act comes into force, the Agency may offer to continue the environmental assessment as an impact assessment under this Act by providing, within 90 days after the day on which the request is made, the proponent with

(a) a written direction that sets out any information and studies that the Agency considers necessary for it to conduct the impact assessment, other than any information and studies already provided by the proponent with respect to the environmental assessment; and

(b) the documents referred to in paragraph 18(1)(b).

The Agency must post a copy of the written direction on the Internet site.

(4.1) Before continuing an environmental assessment as an impact assessment under subsection (4), the Agency must ensure that the public and any Indigenous group that may be affected by the carrying out of the designated project are provided with an opportunity to participate meaningfully in the preparation of the offer by inviting them to provide comments, within the period that the Agency specifies, on any information and studies that are necessary to conduct the impact assessment and on the contents of the documents referred to in paragraph 18(1)(b) that are to be provided to the proponent.

(4.2) If, within 60 days after the day on which the Agency provides the proponent with the written direction and documents referred to in subsection (4), the proponent provides the Agency with written notice that they accept the offer made under that subsection,

(a) the environmental assessment is continued as an impact assessment under this Act; and

(b) the direction is deemed to be a notice of commencement provided under paragraph 18(1)(a) and is deemed to have been posted on the Internet site on the day on which the proponent provided the Agency with the notice of acceptance.

(4.3) Despite subsection 36(1), the Minister is not permitted to refer an impact assessment referred to in paragraph (4.2)(a) to a review panel.”

That Bill C-69, in Clause 1, be amended by

(a) replacing lines 11 to 19 on page 85 with the following:

“force is continued under the 2012 Act as if that Act had not been repealed.

(2) Despite subsection (1), on request made to the Minister by the proponent of a designated project referred to in that subsection, the environmental assessment is continued as an impact assessment under this Act as if the impact assessment had been referred by the Minister to a review panel under subsection 36(1) of this Act.

(3) The following rules apply in respect of an impact assessment referred to in subsection (2):”

(b) deleting lines 1 to 19 on page 86.

That Bill C-69, in Clause 1, be amended by adding after line 29 on page 86 the following:

“185.1 (1) This Act does not apply to a designated project, as defined in subsection 2(1) of the 2012 Act, that is a designated project, as defined in section 2 of this Act, if the former Agency determined that no environmental assessment was required under the 2012 Act or that section 128 of that Act applied to the project.

(2) This Act does not apply to a designated project, as defined in section 2 of this Act, that is not a designated project, as defined in subsection 2(1) of the 2012 Act, if one of the following conditions applies:

(a) the proponent began the carrying out the project before the day on which this Act comes into force;

(b) a federal authority, as defined in subsection 2(1) of the 2012 Act, exercised a power or performed a duty or function conferred on it under any Act of Parliament, other than this Act, that could permit the project to be carried out, in whole or in part;

(c) an environmental assessment of the project was commenced or completed before the day on which this Act comes into force by a jurisdiction other than a federal authority, as those terms are defined in subsection 2(1) of the 2012 Act.”

Clause 3

That Bill C-69, in Clause 3, be amended by

(a) replacing line 1 on page 88 with the following:

“(a.1) the Canada-Nova Scotia Offshore Petroleum Board if the designated project includes physical activities that are regulated under the Canada-Nova Scotia Offshore Petroleum”

(b) replacing line 5 on page 88 with the following:

“(c) the Canada-Newfoundland and Labrador Offshore Petroleum Board if the designated project includes physical activities that are regulated under the Canada–Newfoundland and Labrador At-”

Clause 6

That Bill C-69, in Clause 6, be amended by replacing line 27 on page 88 with the following:

“the Minister must — within 45 days 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 — establish the panel’s terms of reference”

That Bill C-69, in Clause 6, be amended by adding after line 8 on page 89 the following:

“(4) The persons appointed from the roster must not constitute a majority of the members of the panel.”

Clause 7

That Bill C-69, in Clause 7, be amended by replacing line 15 on page 89 with the following:

“Minister must — within 45 days 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 — establish the panel’s terms of reference”

That Bill C-69, in Clause 7, be amended by adding after line 30 on page 89 the following:

“(4) The persons appointed from the roster must not constitute a majority of the members of the panel.”

Clause 10

That Bill C-69, in Clause 10, be amended by adding after line 13 on page 91 the following:

“Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples;”

That Bill C-69, in Clause 10, be amended by replacing lines 18 and 19 on page 91 with the following:

“data as well as Indigenous knowledge are taken into account in decision-”

That Bill C-69, in Clause 10, be amended by adding after line 30 on page 93 the following:

“Indigenous knowledge means the Indigenous knowledge of the Indigenous peoples of Canada. (connaissances autochtones)”

That Bill C-69, in Clause 10, be amended by replacing line 29 on page 98 with the following:

“facilities;”

That Bill C-69, in Clause 10, be amended by adding after line 12 on page 99 the following:

“(h) exercising its powers and performing its duties and functions in a manner that respects the Government of Canada’s commitments with respect to the rights of the Indigenous peoples of Canada.”

That Bill C-69, in Clause 10, be amended by replacing line 8 on page 112 with the following:

“appropriate to do so and shall make public its reasons for holding the hearing.”

That Bill C-69, in Clause 10, be amended by

(a) replacing line 12 on page 113 with the following:

“57 (1) The Regulator must establish an advisory committee”

(b) adding after line 17 on page 113 the following:

“(2) The membership of the advisory committee must include at least

(a) one person recommended by an Indigenous organization that represents the interests of First Nations;

(b) one person recommended by an Indigenous organization that represents the interests of the Inuit; and

That Bill C-69, in Clause 10, be amended by replacing lines 18 and 19 on page 113 with the following:

“58 (1) Any Indigenous knowledge that is provided in confidence to the Reg-”

That Bill C-69, in Clause 10, be amended by replacing line 24 on page 113 with the following:

“(2) Despite subsection (1), the Indigenous knowledge re-”

That Bill C-69, in Clause 10, be amended by adding after line 31 on page 113 the following:

“(2.1) Before disclosing Indigenous knowledge under paragraph 2(b) for the purposes of procedural fairness and natural justice, the Regulator must consult the person or entity who provided the Indigenous knowledge and the person or entity to whom it is proposed to be disclosed about the scope of the proposed disclosure and potential conditions under subsection (3).”

That Bill C-69, in Clause 10, be amended by replacing lines 1 and 2 on page 114 with the following:

“(3) The Regulator may, having regard to the consultation referred to in subsection (2.1), impose conditions with respect to the disclosure of Indigenous knowledge by any person or entity to”

That Bill C-69, in Clause 10, be amended by replacing, in the English version, line 5 on page 114 with the following:

“(4) The person or entity referred to in subsection (3) must comply”

That Bill C-69, in Clause 10, be amended by replacing lines 13 and 14 on page 114 with the following:

“good faith of any Indigenous knowledge under this Act or any other Act of Par-”

That Bill C-69, in Clause 10, be amended by replacing lines 19 and 20 on page 114 with the following:

“scribing the circumstances in which Indigenous knowledge that is”

That Bill C-69, in Clause 10, be amended by replacing lines 31 to 33 on page 116 with the following:

“65 A decision or order made by the Commission, a designated officer or an inspection officer under this Act may include any conditions that the Commission, designated officer or inspection officer consid-”

That Bill C-69, in Clause 10, be amended by replacing lines 8 to 13 on page 120 with the following:

“74 The Regulator must establish processes that the Regulator considers appropriate to engage meaningfully with the public — and, in particular, the Indigenous peoples of Canada and Indigenous organizations — when public hearings are held under section 52 or subsection 241(3).

75 For the purposes of this Act, the Regulator must es-”

That Bill C-69, in Clause 10, be amended by replacing, in the English version, line 21 on page 123 with the following:

“ument purporting to be certified by an employee of the”

That Bill C-69, in Clause 10, be amended by replacing line 22 on page 125 with the following:

“(e) a person, company or other entity that has been granted leave under Part 4 to abandon an international power line or interprovincial power line; or

(f) the holder of an authorization issued under Part 5”

That Bill C-69, in Clause 10, be amended by replacing line 29 on page 126 with the following:

“lation to an abandoned facility or to the abandonment of a pipeline, an offshore pow-”

That Bill C-69, in Clause 10, be amended by replacing line 2 on page 128 with the following:

“made under section 96 or 312, in order to, among other things, ensure the safety and security of persons, the safety and security of regulated facilities or abandoned facilities or the protection of property or the environment.”

That Bill C-69, in Clause 10, be amended by

(a) replacing line 2 on page 133 with the following:

“to believe that a person has contravened this Part, any of”

(b) replacing line 4 on page 133 with the following:

“non-compliance to the person.”

“(a) the name of the person to whom the notice is di-”

(d) replacing line 17 on page 133 with the following:

“(d) the period within which the person may provide”

That Bill C-69, in Clause 10, be amended

(a) by replacing line 1 on page 139 with the following:

“(1.1) The Commission may designate persons or classes of persons to conduct”

(b) by replacing line 6 on page 141 with the following:

“within any longer period that the Commission allows, make”

“view to be conducted by a person designated under subsection 116(1.1).”

(d) by replacing line 19 on page 141 with the following:

“subsection 116(1.1).”

That Bill C-69, in Clause 10, be amended by replacing lines 5 and 6 on page 167 with the following:

“Indigenous knowledge that has been provided to the Commission and”

That Bill C-69, in Clause 10, be amended by replacing lines 32 and 33 on page 167 with the following:

“(j) the extent to which the effects of the pipeline hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change;”

That Bill C-69, in Clause 10, be amended by replacing line 10 on page 171 with the following:

“reasons for making the order. The reasons must demonstrate that the Governor in Council took into account all the considerations referred to in subsection 183(2) that appeared to the Governor in Council to be relevant and directly related to the pipeline.”

That Bill C-69, in Clause 10, be amended by replacing lines 27 to 29 on page 174 with the following:

“199 (1) The company must submit the plan, profile and book of reference referred to in paragraph 198(c) to the Regulator.”

That Bill C-69, in Clause 10, be amended by adding after line 33 on page 175 the following:

“(2.1) The Regulator must publish on its website any notice that is published under paragraph (1)(b).”

That Bill C-69, in Clause 10, be amended by adding after line 26 on page 194 the following:

“(3.1) On April 1 of every year there is to be credited to the Orphan Pipelines Account an amount representing interest, at the rate fixed for the purposes of subsection 21(2) of the Financial Administration Act, on the balance to the credit of the Account.”

That Bill C-69, in Clause 10, be amended by replacing lines 33 and 34 on page 199 with the following:

“er things, any Indigenous knowledge that has been provided to the”

That Bill C-69, in Clause 10, be amended by replacing, in the French version, line 3 on page 200 with the following:

“la ligne de transport d’électricité, notamment :”

That Bill C-69, in Clause 10, be amended by replacing lines 17 and 18 on page 200 with the following:

“(f) the extent to which the effects of the power line hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change; and”

That Bill C-69, in Clause 10, be amended by replacing, in the French version, line 3 on page 202 with the following:

“paragraphe 47(1);”

That Bill C-69, in Clause 10, be amended by replacing line 6 on page 203 with the following:

“(c) hydrocarbons or any other commodity were a reference to electricity.”

That Bill C-69, in Clause 10, be amended by replacing line 9 on page 215 with the following:

“(c) hydrocarbons or any other commodity were a reference to electricity.”

That Bill C-69, in Clause 10, be amended by replacing lines 13 and 14 on page 217 with the following:

“other things, any Indigenous knowledge that has been provided to the Com-”

That Bill C-69, in Clause 10, be amended by replacing lines 32 and 33 on page 217 with the following:

“(f) the extent to which the effects of the project or power line hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change; and”

That Bill C-69, in Clause 10, be amended by replacing line 36 on page 223 with the following:

“(c) hydrocarbons or any other commodity were a reference to electricity.”

That Bill C-69, in Clause 10, be amended by replacing lines 36 and 37 on page 227 with the following:

“(h) transmit hydrocarbons or any other commodity by pipeline and regulate the time and manner in which hydrocarbons or any other commodity are to be”

That Bill C-69, in Clause 10, be amended by replacing line 15 on page 229 with the following:

“time before July 3, 2013, as that section read from”

That Bill C-69, in Clause 10, be amended by replacing lines 21 and 22 on page 237 with the following:

“makes a decision on an application, ensure that a copy of the decision is forwarded by mail”

That Bill C-69, in Clause 10, be amended by replacing, in the English version, line 28 on page 252 with the following:

“the alleged contravention and gives the holder an opportunity to”

New Clauses 42.1 and 42.2

That Bill C-69 be amended by adding after line 13 on page 276 the following:

“42.1 Every reference to the National Energy Board in any deed, contract, agreement or other document executed, or in Quebec, signed, by the National Energy Board in its own name is, unless the context otherwise requires, to be read as a reference to the Regulator.

42.2 Any amount that is appropriated by an Act of Parliament for the fiscal year in which the commencement day falls to defray the expenditures of the National Energy Board and that is unexpended on that day is considered to be an amount appropriated to defray the expenditures of the Regulator.”

Clause 47

That Bill C-69, in Clause 47, be amended by adding after line 15 on page 278 the following:

“Indigenous knowledge means the Indigenous knowledge of the Indigenous peoples of Canada. (connaissances autochtones)”

Clause 49

That Bill C-69, in Clause 49, be amended by replacing line 19 on page 280 with the following:

“igation, including by changing the water level or water flow of a navigable water, he or she must inform the owner, in writing, of”

That Bill C-69, in Clause 49, be amended by replacing line 27 on page 280 with the following:

“tion, including by changing the water level or water flow of a navigable water, he or she must inform the owner, in writing, of that”

That Bill C-69, in Clause 49, be amended by replacing lines 29 and 30 on page 281 with the following:

“(f) any Indigenous knowledge that has been provided to the Minister;”

That Bill C-69, in Clause 49, be amended by replacing line 7 on page 282 with the following:

“one that requires the owner to

(a) maintain the water level or water flow necessary for navigation purposes in a navigable water; or

(b) give security in the form of”

Clause 54

That Bill C-69, in Clause 54, be amended by

(a) replacing lines 36 to 38 on page 290 with the following:

“17 (1) If a person in charge of an obstruction or potential obstruction in a navigable water fails to comply with paragraph 15(2)(a) or (b) or is not known or cannot be located, or if a person to whom an order is given under subsection 15(3), 15.1(1) or 16(1) fails to comply with the order, the Minister may sell by auction or otherwise, as he or she considers appropriate, the obstruction or potential obstruction or the thing referred”

(b) replacing line 4 on page 291 with the following:

“section 15.2 or subsection 16(2), as the case may be.”

Clause 58

That Bill C-69, in Clause 58, be amended by replacing lines 1 and 2 on page 295 with the following:

“Indigenous Knowledge”

That Bill C-69, in Clause 58, be amended by replacing lines 3 and 4 on page 295 with the following:

“26.2 (1) Any Indigenous knowledge that is provided to the Minister under”

That Bill C-69, in Clause 58, be amended by replacing line 8 on page 295 with the following:

“(2) Despite subsection (1), the Indigenous knowledge re-”

That Bill C-69, in Clause 58, be amended by adding after line 16 on page 295 the following:

“(2.1) Before disclosing Indigenous knowledge under paragraph 2(b) for the purposes of procedural fairness and natural justice, the Minister must consult the person or entity who provided the Indigenous knowledge and the person or entity to whom it is proposed to be disclosed about the scope of the proposed disclosure and potential conditions under subsection (3).”

That Bill C-69, in Clause 58, be amended by replacing lines 17 to 20 on page 295 with the following:

“(3) The Minister may, having regard to the consultation referred to in subsection (2.1), impose conditions with respect to the disclosure of Indigenous knowledge by any person or entity to whom it is disclosed under paragraph (2)(b) for the purposes of procedural fairness and natural justice.”

That Bill C-69, in Clause 58, be amended by replacing, in the English version, line 21 on page 295 with the following:

“(4) The person or entity referred to in subsection (3) must comply”

That Bill C-69, in Clause 58, be amended by replacing lines 28 and 29 on page 295 with the following:

“disclosure in good faith of any Indigenous knowledge under this Act or for”

Clause 61

That Bill C-69, in Clause 61, be amended by replacing line 21 on page 297 with the following:

“(g.1) excluding any body of water that the Governor in Council considers to be small from the definition”

That Bill C-69, in Clause 61, be amended by replacing lines 23 to 25 on page 297 with the following:

“(g.2) prescribing the circumstances in which the Indigenous knowledge that is provided to the Minister under this Act”

Clause 128

That Bill C-69, in Clause 128, be amended by replacing line 9 on page 321 with the following:

“128 Section 5.002 of the Act is replaced by the following:

5.002 The Canadian Energy Regulator may establish a participant funding program to facilitate the participation of the public in the impact assessment, as defined in section 2 of the Impact Assessment Act, of any designated project, as defined in that section, if

(a) the Canadian Energy Regulator has responsibilities for the project under that Act;

(b) the project includes physical activities that are designated by regulations made under paragraph 112(e) of that Act or that are part of a class of activities designated by those regulations; and

Your Committee has ordered a reprint of Bill C-69, as amended, as a working copy for the use of the House of Commons at the report stage.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 99, 101 to 108 and 110 to 114) is tabled.