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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 88
Thursday, February 29, 2024, 3:34 p.m. to 5:34 p.m.
Televised
Presiding
George Chahal, Chair (Liberal)

Library of Parliament
• Sarah Dodsworth, Analyst
 
House of Commons
• Dancella Boyi, Legislative Clerk
• Émilie Thivierge, Legislative Clerk
Department of Natural Resources
• Annette Tobin, Director, Offshore Management Division, Fuels Sector
• Lauren Knowles, Deputy Director
• Cheryl McNeil, Deputy Director
• Daniel Morin, Senior Legislative and Policy Advisor, Renewable and Electrical Energy Division
Department of Justice
• Jean-François Roman, Legal Counsel
Pursuant to the order of reference of Tuesday, October 17, 2023, the committee resumed consideration of Bill C-49, An Act to amend the Canada—Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to other Acts.

The witnesses answered questions.

The committee resumed its clause-by-clause study of the Bill.

The committee resumed clause-by-clause consideration on Clause 38 of the Bill.

On Clause 38,

Mario Simard moved, — That Bill C-49, in Clause 38, be amended by adding before line 1 on page 21 the following:

“(a.1) prior to making a call for bids in relation to those Crown reserve areas, the Regulator has conducted a regional assessment or strategic environmental assessment of the impacts of offshore renewable energy projects in those Crown reserve areas, or the Regulator has determined that a previous regional assessment or strategic environmental assessment of the impacts of offshore renewable energy projects has been conducted in respect of those Crown reserve areas; and ”

After debate, the question was put on the amendment of Mario Simard and it was negatived on the following recorded division:

YEAS: Earl Dreeshen, Ted Falk, Jeremy Patzer, Mario Simard, Shannon Stubbs — 5;

NAYS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Viviane Lapointe, Francesco Sorbara — 6.

The committee proceeded to the consideration of matters related to committee business.

Motion

Shannon Stubbs moved, — That, pursuant to Standing Order 108(2), the committee invite the Minister of Energy and Natural Resources to appear for two hours with departmental officials to testify on the Supplementary Estimates, (C) for the fiscal year 2023-24; and that they appear before the end of the current supply period.

Debate arose thereon.

Motion

Charlie Angus moved, — That the debate on the motion be now adjourned.

The question was put on the motion and it was agreed to on the following recorded division:

YEAS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Viviane Lapointe, Mario Simard, Francesco Sorbara — 7;

NAYS: Earl Dreeshen, Ted Falk, Jeremy Patzer, Shannon Stubbs — 4.

Department of Natural Resources
• Annette Tobin, Director, Offshore Management Division, Fuels Sector
• Lauren Knowles, Deputy Director
• Cheryl McNeil, Deputy Director
• Daniel Morin, Senior Legislative and Policy Advisor, Renewable and Electrical Energy Division
Department of Justice
• Jean-François Roman, Legal Counsel
Pursuant to the order of reference of Tuesday, October 17, 2023, the committee resumed consideration of Bill C-49, An Act to amend the Canada—Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to other Acts.

The witnesses answered questions.

The committee resumed its clause-by-clause study of the Bill.

The committee resumed clause-by-clause consideration on Clause 38 of the Bill.

Julie Dabrusin moved, — That Bill C-49, in Clause 38, be amended by replacing, in the English version, line 27 on page 21 with the following:

“(b) the selection is made on the basis of the criteria”

After debate, the question was put on the amendment of Julie Dabrusin and it was agreed to on the following recorded division:

YEAS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Earl Dreeshen, Ted Falk, Viviane Lapointe, Jeremy Patzer, Mario Simard, Francesco Sorbara, Shannon Stubbs — 11;

NAYS: — 0.

Charlie Angus moved, — That Bill C-49, in Clause 38, be amended

(a) by replacing line 9 on page 25 with the following:

“(a) all Canadian corporations, trade unions and individuals resident”

(b) by replacing line 16 on page 25 with the following:

“measures, including project labour agreements and community benefit agreements, that aim to increase the participation of un-”

Debate arose thereon.

At 3:51 p.m., the sitting was suspended.

At 3:53 p.m., the sitting resumed.

The committee resumed consideration of the amendment of Charlie Angus, — That Bill C-49, in Clause 38, be amended

(a) by replacing line 9 on page 25 with the following:

“(a) all Canadian corporations, trade unions and individuals resident”

(b) by replacing line 16 on page 25 with the following:

“measures, including project labour agreements and community benefit agreements, that aim to increase the participation of un-”

After debate, the question was put on the amendment of Charlie Angus and it was negatived on the following recorded division:

YEAS: Charlie Angus, Mario Simard — 2;

NAYS: John Aldag, Jaime Battiste, Julie Dabrusin, Earl Dreeshen, Ted Falk, Viviane Lapointe, Jeremy Patzer, Francesco Sorbara, Shannon Stubbs — 9.

Jeremy Patzer moved, — That Bill C-49, in Clause 38, be amended by adding after line 19 on page 25 the following:

“(c) importance shall be given to the development of measures to assist in the preservation of the fishing industry, including measures to assist in understanding and maintaining the environmental characteristics of the offshore area that support that industry.”

After debate, the question was put on the amendment of Jeremy Patzer and it was agreed to on the following recorded division:

YEAS: Charlie Angus, Earl Dreeshen, Ted Falk, Jeremy Patzer, Mario Simard, Shannon Stubbs — 6;

NAYS: John Aldag, Jaime Battiste, Julie Dabrusin, Viviane Lapointe, Francesco Sorbara — 5.

Clause 38, as amended, carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Earl Dreeshen, Ted Falk, Viviane Lapointe, Jeremy Patzer, Francesco Sorbara, Shannon Stubbs — 10;

NAYS: Mario Simard — 1.

By unanimous consent, Clauses 39 to 46 inclusive carried severally on the following recorded division:

YEAS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Earl Dreeshen, Ted Falk, Viviane Lapointe, Jeremy Patzer, Francesco Sorbara, Shannon Stubbs — 10;

NAYS: Mario Simard — 1.

On Clause 47,

Julie Dabrusin moved, — That Bill C-49, in Clause 47, be amended by adding after line 11 on page 32 the following:

“(6.1) Section 119 of the Act is amended by adding the following after subsection (9):”

After debate, the question was put on the amendment of Julie Dabrusin and it was agreed to on the following recorded division:

YEAS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Viviane Lapointe, Mario Simard, Francesco Sorbara — 7;

NAYS: Earl Dreeshen, Jeremy Patzer, Shannon Stubbs, Fraser Tolmie — 4.

Clause 47, as amended, carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Viviane Lapointe, Francesco Sorbara — 6;

NAYS: Earl Dreeshen, Jeremy Patzer, Mario Simard, Shannon Stubbs, Fraser Tolmie — 5.

By unanimous consent, Clauses 48 to 57 inclusive carried severally on the following recorded division:

YEAS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Earl Dreeshen, Viviane Lapointe, Jeremy Patzer, Francesco Sorbara, Shannon Stubbs, Fraser Tolmie — 10;

NAYS: Mario Simard — 1.

Clause 58 carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Viviane Lapointe, Francesco Sorbara — 6;

NAYS: Earl Dreeshen, Jeremy Patzer, Mario Simard, Shannon Stubbs, Fraser Tolmie — 5.

Clause 59 carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Viviane Lapointe, Francesco Sorbara — 6;

NAYS: Earl Dreeshen, Jeremy Patzer, Mario Simard, Shannon Stubbs, Fraser Tolmie — 5.

On new Clause 59.1,

Mario Simard moved, — That Bill C-49 be amended by adding after line 15 on page 36 the following new clause:

“59.1 The Act is amended by adding the following after the heading “Licences and Authorizations” after section 137.1:

137.2 (1) If more than one application is made under section 138 or 138.01 for the same area, the Regulator shall take the following factors into account in making its decision:

(a) the objectives and obligations set out in the Canadian Net-Zero Emissions Accountability Act; and

(b) proposed or potential renewable energy projects in that area.

(2) If applications are made for both a petroleum-related work or activity and a work or activity relating to a renewable energy project in the same area, the Regulator shall give priority to the work or activity relating to a renewable energy project.”

After debate, the question was put on the amendment of Mario Simard and it was negatived on the following recorded division:

YEAS: Mario Simard — 1;

NAYS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Earl Dreeshen, Viviane Lapointe, Jeremy Patzer, Francesco Sorbara, Shannon Stubbs, Fraser Tolmie — 10.

Clause 60 carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Earl Dreeshen, Viviane Lapointe, Jeremy Patzer, Francesco Sorbara, Shannon Stubbs, Fraser Tolmie — 10;

NAYS: Mario Simard — 1.

On Clause 61,

Mario Simard moved, — That Bill C-49, in Clause 61, be amended by adding after line 27 on page 36 the following:

“(1.1) Section 138 of the Act is amended by adding the following after subsection (1):

(1.1) A new application for a licence or authorization shall not be made to the Regulator after this subsection comes into force.”

After debate, the question was put on the amendment of Mario Simard and it was negatived on the following recorded division:

YEAS: Mario Simard — 1;

NAYS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Earl Dreeshen, Viviane Lapointe, Jeremy Patzer, Francesco Sorbara, Shannon Stubbs, Fraser Tolmie — 10.

Clause 61 carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Viviane Lapointe, Francesco Sorbara — 6;

NAYS: Earl Dreeshen, Jeremy Patzer, Mario Simard, Shannon Stubbs, Fraser Tolmie — 5.

Julie Dabrusin moved, — That Bill C-49, in Clause 62, be amended

(a) by replacing line 35 on page 36 with the following:

“62 (1) Section 138.01 of the Act is re-”

(b) by deleting lines 22 to 25 on page 37;

(c) by adding after line 10 on page 38 the following:

“(2) Subsection 138.01(3) of the Act is amended by adding the following after paragraph (d):

(e) conditions established under the Impact Assessment Act, including those established under section 64 of that Act or by regulations made under paragraph 112(1)(a.2) of that Act; and”

After debate, the question was put on the amendment of Julie Dabrusin and it was agreed to on the following recorded division:

YEAS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Viviane Lapointe, Mario Simard, Francesco Sorbara — 7;

NAYS: Earl Dreeshen, Jeremy Patzer, Shannon Stubbs, Fraser Tolmie — 4.

Mario Simard moved, — That Bill C-49, in Clause 62, be amended

(a) by adding after line 12 on page 37 the following:

“(2.1) On receipt by the Regulator of an application for an authorization referred to in subsection (1) or of an application to amend the authorization, the Regulator shall conduct an environmental assessment of the proposed work or activity if the proposed work or activity is not subject to an impact assessment under the Impact Assessment Act. ”

(b) by adding after line 25 on page 37 the following:

“(e.1) an environmental assessessment conducted by the Regulator; and”

After debate, the question was put on the amendment of Mario Simard and it was negatived on the following recorded division:

YEAS: Mario Simard — 1;

NAYS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Earl Dreeshen, Viviane Lapointe, Jeremy Patzer, Francesco Sorbara, Shannon Stubbs, Fraser Tolmie — 10.

Julie Dabrusin moved, — That Bill C-49, in Clause 62, be amended by replacing, in the English version, line 14 on page 37 with the following:

“tions required by the Regulator or prescribed, includ-”

After debate, the question was put on the amendment of Julie Dabrusin and it was agreed to on the following recorded division:

YEAS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Viviane Lapointe, Jeremy Patzer, Mario Simard, Francesco Sorbara, Shannon Stubbs — 9;

NAYS: Earl Dreeshen, Fraser Tolmie — 2.

On new Clause 62.1,

Julie Dabrusin moved, — That Bill C-49 be amended by adding before line 11 on page 38 the following:

“62.1 The Act is amended by adding the following after the heading “Impact Assessment” after section 138.01:”

After debate, the question was put on the amendment of Julie Dabrusin and it was agreed to on the following recorded division:

YEAS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Viviane Lapointe, Mario Simard, Francesco Sorbara — 7;

NAYS: Earl Dreeshen, Jeremy Patzer, Shannon Stubbs, Fraser Tolmie — 4.

On Clause 62,

Jeremy Patzer moved, — That Bill C-49, in Clause 62, be amended by deleting lines 11 to 36 on page 38.

After debate, the question was put on the amendment of Jeremy Patzer and it was negatived on the following recorded division:

YEAS: Earl Dreeshen, Jeremy Patzer, Shannon Stubbs, Fraser Tolmie — 4;

NAYS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Viviane Lapointe, Mario Simard, Francesco Sorbara — 7.

Julie Dabrusin moved, — That Bill C-49, in Clause 62, be amended by replacing, in the English version, line 6 on page 39 with the following:

“(2) The Regulator shall, on the Agency’s request made under subsection 13(2) of the Impact Assessment Act, engage”

After debate, the question was put on the amendment of Julie Dabrusin and it was agreed to on the following recorded division:

YEAS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Viviane Lapointe, Francesco Sorbara — 6;

NAYS: Earl Dreeshen, Jeremy Patzer, Mario Simard, Shannon Stubbs, Fraser Tolmie — 5.

Julie Dabrusin moved, — That Bill C-49, in Clause 62, be amended by replacing, in the French version, line 14 on page 39 with the following:

“137.01 faisant l’objet d’un avis affiché au titre du para-”

After debate, the question was put on the amendment of Julie Dabrusin and it was agreed to on the following recorded division:

YEAS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Earl Dreeshen, Viviane Lapointe, Jeremy Patzer, Mario Simard, Francesco Sorbara, Shannon Stubbs, Fraser Tolmie — 11;

NAYS: — 0.

Julie Dabrusin moved, — That Bill C-49, in Clause 62, be amended by replacing, in the English version, line 22 on page 40 with the following:

“within the period specified by the Agency or review panel under”

After debate, the question was put on the amendment of Julie Dabrusin and it was agreed to on the following recorded division:

YEAS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Earl Dreeshen, Viviane Lapointe, Jeremy Patzer, Mario Simard, Francesco Sorbara, Shannon Stubbs, Fraser Tolmie — 11;

NAYS: — 0.

Julie Dabrusin moved, — That Bill C-49, in Clause 62, be amended by replacing, in the English version, line 27 on page 40 with the following:

“review panel is to make recommendations respecting a des-”

After debate, the question was put on the amendment of Julie Dabrusin and it was agreed to on the following recorded division:

YEAS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Viviane Lapointe, Mario Simard, Francesco Sorbara — 7;

NAYS: Earl Dreeshen, Jeremy Patzer, Shannon Stubbs, Fraser Tolmie — 4.

Julie Dabrusin moved, — That Bill C-49, in Clause 62, be amended by replacing, in the French version, line 31 on page 40 with the following:

“suivi ou un plan de gestion adaptatif, la Régie fournit à”

After debate, the question was put on the amendment of Julie Dabrusin and it was agreed to on the following recorded division:

YEAS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Earl Dreeshen, Viviane Lapointe, Jeremy Patzer, Mario Simard, Francesco Sorbara, Shannon Stubbs, Fraser Tolmie — 11;

NAYS: — 0.

On new Clause 62.2,

Julie Dabrusin moved, — That Bill C-49 be amended by adding after line 34 on page 40 the following:

“62.2 Section 138.02 of the Act is replaced by the following:”

After debate, the question was put on the amendment of Julie Dabrusin and it was agreed to on the following recorded division:

YEAS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Viviane Lapointe, Mario Simard, Francesco Sorbara — 7;

NAYS: Earl Dreeshen, Jeremy Patzer, Shannon Stubbs, Fraser Tolmie — 4.

On Clause 62,

Julie Dabrusin moved, — That Bill C-49, in Clause 62, be amended by replacing, in the English version, line 39 on page 40 with the following:

“knowledge that the authority possesses and that the Regula-”

After debate, the question was put on the amendment of Julie Dabrusin and it was agreed to on the following recorded division:

YEAS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Viviane Lapointe, Mario Simard, Francesco Sorbara — 7;

NAYS: Earl Dreeshen, Jeremy Patzer, Shannon Stubbs, Fraser Tolmie — 4.

Mario Simard moved, — That Bill C-49, in Clause 62, be amended

(a) by replacing line 5 on page 41 with the following:

“138.‍017 or a strategic environmental assessment under section”

(b) by replacing line 14 on page 41 with the following:

“Strategic Environmental Assessments”

(c) by replacing line 25 on page 41 with the following:

“138.‍018 (1) The Regulator may conduct a strategic environmental as‐”

(d) by replacing line 33 on page 41 with the following:

“conduct a strategic environmental assessment of any proposed or exist‐”

(e) by replacing, in the English version, line 38 on page 41 with the following:

“gic environmental assessment.”

After debate, the question was put on the amendment of Mario Simard and it was negatived on the following recorded division:

YEAS: Mario Simard — 1;

NAYS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Earl Dreeshen, Viviane Lapointe, Jeremy Patzer, Francesco Sorbara, Shannon Stubbs, Fraser Tolmie — 10.

Julie Dabrusin moved, — That Bill C-49, in Clause 62, be amended by replacing, in the French version, line 1 on page 42 with the following:

“138.019 La Régie fournit à l’Agence canadienne d’évalua-”

After debate, the question was put on the amendment of Julie Dabrusin and it was agreed to on the following recorded division:

YEAS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Earl Dreeshen, Viviane Lapointe, Jeremy Patzer, Mario Simard, Francesco Sorbara, Shannon Stubbs, Fraser Tolmie — 11;

NAYS: — 0.

Julie Dabrusin moved, — That Bill C-49, in Clause 62, be amended by replacing line 3 on page 42 with the following:

“within the period specified by the Agency or committee under section 100 of the Im-”

After debate, the question was put on the amendment of Julie Dabrusin and it was agreed to on the following recorded division:

YEAS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Viviane Lapointe, Mario Simard, Francesco Sorbara — 7;

NAYS: Earl Dreeshen, Jeremy Patzer, Shannon Stubbs, Fraser Tolmie — 4.

Mario Simard moved, — That Bill C-49, in Clause 62, be amended by adding after line 17 on page 42 the following:

“138.0201 For greater certainty, the Regulator conducts regional assessments and strategic environmental assessments under this section independently from regional assessments and strategic assessments conducted under the Impact Assessment Act.”

After debate, the question was put on the amendment of Mario Simard and it was negatived on the following recorded division:

YEAS: Mario Simard — 1;

NAYS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Earl Dreeshen, Viviane Lapointe, Jeremy Patzer, Francesco Sorbara, Shannon Stubbs, Fraser Tolmie — 10.

Clause 62, as amended, carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Jaime Battiste, Julie Dabrusin, Viviane Lapointe, Francesco Sorbara — 6;

NAYS: Earl Dreeshen, Jeremy Patzer, Mario Simard, Shannon Stubbs, Fraser Tolmie — 5.

At 5:34 p.m., the committee adjourned to the call of the Chair.



Alexandre Vassiliev
Clerk of the committee