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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 87
Monday, February 26, 2024, 3:33 p.m. to 5:31 p.m.
Televised
Presiding
George Chahal, Chair (Liberal)

House of Commons
• Dancella Boyi, Legislative Clerk
• Émilie Thivierge, Legislative Clerk
 
Library of Parliament
• Sarah Dodsworth, Analyst
Department of Justice
• Jean-Nicolas Bustros, Counsel
• Jean-François Roman, Legal Counsel
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
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 commenced its clause-by-clause study of the Bill.

On New Preamble,

Mario Simard moved, — That Bill C-49 be amended by replacing line 1 on page 1 with the following:

 

“Whereas Canada has ratified the Paris Agreement, done in Paris on December 12, 2015, which entered into force in 2016;

Whereas the goal of the Paris Agreement is to keep the increase in global mean temperature to well below 2°C above pre-industrial levels and pursue efforts to limit the temperature increase to 1.5°C above pre-industrial levels;

Whereas the Government of Canada has committed to achieving and even exceeding the target for 2030 in its nationally determined contribution communicated in accordance with the Paris Agreement;

Whereas the Government of Canada has committed to achieving net-zero carbon emissions by 2050;

Whereas the Canadian Net-Zero Emissions Accountability Act entrenches the commitment to achieve net-zero carbon emissions by 2050 in Canadian law;

Whereas, in December 2022, the 15th Conference of the Parties to the United Nations Convention on Biological Diversity, known as “COP15”, adopted the Kunming-Montreal Biodiversity Framework;

Whereas Canada has committed to halting and reversing biodiversity loss by 2030;

Whereas marine petroleum exploration and exploitation projects pose a direct and indirect threat to marine biodiversity;

Whereas the oil and gas production sectors are the largest emitters of greenhouse gases in Canada;

Whereas, in order to cap and reduce the greenhouse gas emissions of the oil and gas production sectors, their total production must gradually decline;

Whereas, in order to reach net-zero carbon emissions, states must cease making new investments in petroleum research and production;

Whereas the first step in the energy transition is to stop approving new petroleum exploitation projects;

And whereas, of all new energy projects, only renewable energy projects are consistent with Canada's carbon pollution reduction targets;

Now, therefore, His Majesty, by and with the advice and consent of”

The Chair ruled the proposed amendment inadmissible because it proposed to add a preamble to the Bill, as provided on page 774 of House of Commons Procedure and Practice, Third Edition.

By unanimous consent, Clauses 1 to 6 inclusive carried severally on the following recorded division:

YEAS: John Aldag, Charlie Angus, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 10;

NAYS: Mario Simard — 1.

On Clause 7,

Jeremy Patzer moved, — That Bill C-49, in Clause 7, be amended by replacing line 2 on page 4 with the following:

“section 5(1), section 29.‍1, subsection 41(7),”

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

YEAS: Ted Falk, Jeremy Patzer, Brad Redekopp, Clifford Small — 4;

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

Clause 7 carried on the following recorded division:

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

NAYS: Ted Falk, Jeremy Patzer, Brad Redekopp, Mario Simard, Clifford Small — 5.

By unanimous consent, Clauses 8 to 10 inclusive carried severally on the following recorded division:

YEAS: John Aldag, Charlie Angus, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 10;

NAYS: Mario Simard — 1.

On new Clause 10.1,

Mario Simard moved, — That Bill C-49 be amended by adding after line 34 on page 4 the following new clause:

“10.1 Section 10 of the Act is amended by adding the following after subsection (2):

(2.1) When appointing members under subsection (2), the Federal Government is to take into consideration the need for members who have knowledge, experience or expertise related to offshore renewable energy technologies and their environmental impacts.”

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

YEAS: Ted Falk, Jeremy Patzer, Brad Redekopp, Mario Simard, Clifford Small — 5;

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

Clause 11 carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 10;

NAYS: Mario Simard — 1.

On Clause 12,

Mario Simard moved, — That Bill C-49, in Clause 12, be amended by adding after line 4 on page 5 the following:

“17.01 Every five years after this section comes into force, the Federal Minister shall cause to be undertaken a review of the duties and functions that this Act confers or imposes on the Regulator to ensure those duties and functions allow for

(a) meeting Canada's commitments to gradually reduce petroleum-related activities and its national greenhouse gas emissions targets for the milestone years set out in the Canadian Net-Zero Emissions Accountability Act; and

(b) conserving Canada's biodiversity and achieving the targets set out in the Kunming-Montreal Global Biodiversity Framework and any national biodiversity strategy.”

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, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 10.

Jeremy Patzer moved, — That Bill C-49, in Clause 12, be amended by adding after line 13 on page 5 the following:

“17.2 His Majesty in right of Canada or in right of the Province may rely on the Regulator for the purposes of consulting with the Indigenous peoples of Canada respecting any potential adverse impact of a change to a work or activity in the offshore area on existing Aboriginal and treaty rights recognized and affirmed by section 35 of the Constitution Act, 1982 and the Regulator may, on behalf of His Majesty, if appropriate, accommodate any adverse impacts on those rights.”

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

YEAS: Ted Falk, Jeremy Patzer, Brad Redekopp, Clifford Small — 4;

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

Clause 12 carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 10;

NAYS: Mario Simard — 1.

Clause 13 carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 10;

NAYS: Mario Simard — 1.

Clause 14 carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 10;

NAYS: Mario Simard — 1.

Clause 15 carried on the following recorded division:

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

NAYS: Ted Falk, Jeremy Patzer, Brad Redekopp, Mario Simard, Clifford Small — 5.

Clause 16 carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 10;

NAYS: Mario Simard — 1.

Clause 17 carried on the following recorded division:

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

NAYS: Ted Falk, Jeremy Patzer, Brad Redekopp, Mario Simard, Clifford Small — 5.

On Clause 18,

Mario Simard moved, — That Bill C-49, in Clause 18, be amended by adding after line 10 on page 7 the following:

“30.1 (1) Within 12 months after the day on which this section comes into force, the Regulator shall submit to the Federal Minister and the Provincial Minister a strategic plan for making decisions related to petroleum and offshore renewable energy.

(2) The purpose of the strategic plan is to ensure, among other things,

(a) the consistency of the decisions with Canada's commitments to gradually reduce petroleum-related activities and with its national greenhouse gas emissions targets for the milestone years set out in the Canadian Net-Zero Emissions Accountability Act; and

(b) the conservation of Canada's biodiversity and the achievement of the targets set out in the Kunming-Montreal Global Biodiversity Framework and any national biodiversity strategy.

(3) Before January 31 in each milestone year set out in the Canadian Net-Zero Emissions Accountability Act, the Regulator shall prepare an updated strategic plan and submit it to the Federal Minister and the Provincial Minister.”

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

YEAS: Charlie Angus, Mario Simard — 2;

NAYS: John Aldag, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 9.

Clause 18 carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 10;

NAYS: Mario Simard — 1.

On new Clause 18.1,

Mario Simard moved, — That Bill C-49 be amended by adding after line 11 on page 7 the following new clause:

“18.1 Section 31 of the Act is amended by adding the following after subsection (1):

(1.1) The Regulator shall give public notice, in a manner that it considers advisable, of any fundamental decision referred to in subsection (1) as soon as practicable after notifying the Federal Minister and Provincial Minister of that decision.”

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

YEAS: Ted Falk, Jeremy Patzer, Brad Redekopp, Mario Simard, Clifford Small — 5;

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

Jeremy Patzer moved, — That Bill C-49 be amended by adding after line 11 on page 7 the following new clause:

“18.1 The Act is amended by adding the following after section 31:

31.1 Decisions of the Regulator respecting offshore petroleum projects and offshore renewable energy projects must be made no later than two years after it begins its review of the project.”

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

YEAS: Ted Falk, Jeremy Patzer, Brad Redekopp, Clifford Small — 4;

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

On Clause 19,

Jeremy Patzer moved, — That Bill C-49, in Clause 19, be amended by adding after line 19 on page 7 the following:

“(1.1) The Regulator shall include with the recommendation a plan that sets out

(a) the impact of the project on fish, birds and the environment;

(b) the process for decommissioning and disposing of the project; and

(c) the site remediation to be done when the project’s life cycle ends.”

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

YEAS: Ted Falk, Jeremy Patzer, Brad Redekopp, Mario Simard, Clifford Small — 5;

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

Jeremy Patzer moved, — That Bill C-49, in Clause 19, be amended by adding after line 34 on page 7 the following:

“(5) Any evaluation of offshore renewable energy projects should be done similarly to evaluations of offshore petroleum projects.”

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

YEAS: Ted Falk, Jeremy Patzer, Brad Redekopp, Clifford Small — 4;

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

Clause 19 carried on the following recorded division:

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

NAYS: Ted Falk, Jeremy Patzer, Brad Redekopp, Mario Simard, Clifford Small — 5.

At 4:40 p.m., the sitting was suspended.

At 4:48 p.m., the sitting resumed.

Clause 20 carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 10;

NAYS: Mario Simard — 1.

Clause 21 carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 10;

NAYS: Mario Simard — 1.

Clause 22 carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 10;

NAYS: Mario Simard — 1.

Clause 23 carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 10;

NAYS: Mario Simard — 1.

Clause 24 carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 10;

NAYS: Mario Simard — 1.

Clause 25 carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 10;

NAYS: Mario Simard — 1.

Clause 26 carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 10;

NAYS: Mario Simard — 1.

Clause 27 carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 10;

NAYS: Mario Simard — 1.

On Clause 28,

Mario Simard moved, — That Bill C-49, in Clause 28, be amended

(a) by replacing line 4 on page 12 with the following:

“(a) the continuation of”

(b) by adding after line 9 on page 12 the following:

“(2) In respect of any portion of the offshore area, it is prohibited to commence any new work or activity relating to the drilling for petroleum after this section 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: Charlie Angus, Mario Simard — 2;

NAYS: John Aldag, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 9.

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

Motion

Jeremy Patzer moved, — That, given that,

a) According to Statistics Canada: “In Saskatchewan, the collection of the carbon levy ceased in January 2024, contributing to the province's year-over-year price decline of natural gas (26.6%).”; and

b) Saskatchewan’s inflation rate dropped to 1.9%, a full percentage point below the national inflation rate,

The committee call on the Liberal government to immediately axe the carbon tax.

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, Julie Dabrusin, Yvonne Jones, Viviane Lapointe, Mario Simard, Francesco Sorbara — 7;

NAYS: Ted Falk, Jeremy Patzer, Brad Redekopp, Clifford Small — 4.

Department of Justice
• Jean-Nicolas Bustros, Counsel
• Jean-François Roman, Legal Counsel
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
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 committee resumed its clause-by-clause study of the Bill.

The committee resumed clause-by-clause consideration on Clause 28 of the Bill.

Clause 28 carried on the following recorded division:

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

NAYS: Ted Falk, Jeremy Patzer, Brad Redekopp, Mario Simard, Clifford Small — 5.

Clause 29 carried on the following recorded division:

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

NAYS: Ted Falk, Jeremy Patzer, Brad Redekopp, Mario Simard, Clifford Small — 5.

On Clause 30,

Mario Simard moved, — That Bill C-49, in Clause 30, be amended by adding after line 24 on page 16 the following:

“(1.1) Despite subsection (1), no exploration licence or production licence is to be issued 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: Charlie Angus, Mario Simard — 2;

NAYS: John Aldag, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 9.

Clause 30 carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 10;

NAYS: Mario Simard — 1.

On Clause 31,

Mario Simard moved, — That Bill C-49, in Clause 31, be amended by adding after line 17 on page 17 the following:

“(1.1) A call for bids shall not be made 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, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 10.

Clause 31 carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 10;

NAYS: Mario Simard — 1.

Clause 32 carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 10;

NAYS: Mario Simard — 1.

Clause 33 carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 10;

NAYS: Mario Simard — 1.

Clause 34 carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 10;

NAYS: Mario Simard — 1.

Clause 35 carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 10;

NAYS: Mario Simard — 1.

Clause 36 carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 10;

NAYS: Mario Simard — 1.

Clause 37 carried on the following recorded division:

YEAS: John Aldag, Charlie Angus, Julie Dabrusin, Ted Falk, Yvonne Jones, Viviane Lapointe, Jeremy Patzer, Brad Redekopp, Clifford Small, Francesco Sorbara — 10;

NAYS: Mario Simard — 1.

On Clause 38,

Clifford Small moved, — That Bill C-49, in Clause 38, be amended

(a) by adding after line 26 on page 20 the following:

“89.1 The Regulator may make a call for bids only in relation to an area that has been identified for potential development following a regional assessment conducted under section 138.017 that

(a) was conducted less than five years prior to the call for bids;

(b) included a study of the regional and cumulative impacts of development of the type and quantity that is to be proposed under the call; and

(c) included all the prescribed information and prescribed studies.”

(b) by adding after line 21 on page 21 the following:

“(4) The call for bids shall also include a description of the area's suitability for development.”

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

YEAS: Ted Falk, Jeremy Patzer, Brad Redekopp, Clifford Small — 4;

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

At 5:31 p.m., the committee adjourned to the call of the Chair.



Alexandre Vassiliev
Clerk of the committee