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Impact Assessment Act and Canadian Energy Regulator Act

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Impact Assessment Act and Canadian Energy Regulator Act
Parliament of Canada
  • 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
CitationImpact Assessment Act and Canadian Energy Regulator Act, S.C. 2019, c. 28
Passed byHouse of Commons of Canada
PassedJune 20, 2018[1]
Passed bySenate of Canada
PassedJune 6, 2019[2]
Royal assentJune 21, 2019[3]
Legislative history
First chamber: House of Commons of Canada
Bill titleC-69
Introduced byMinister of Environment and Climate Change Catherine McKenna
First readingFebruary 8, 2018[4]
Second readingMarch 19, 2018[5]
Third readingMay 8, 2018[6]
Committee reportMay 29, 2018[7]
Second chamber: Senate of Canada
Bill titleC-69
Member(s) in chargeGovernment Liaison in the Senate Grant Mitchell
First readingJune 20, 2018[8]
Second readingDecember 12, 2018[9]
Third readingJune 13, 2019[10]
Committee reportMay 28, 2019
Repeals
Canadian Environmental Assessment Act, 2012
National Energy Board Act
Amended by
Canada–United States–Mexico Agreement Implementation Act
Related legislation
Oil Tanker Moratorium Act
Status: Amended

The Impact Assessment Act and Canadian Energy Regulator Act (French: Loi sur l’évaluation d’impact and Loi sur la Régie canadienne de l’énergie), also referred to as Bill C-69, are two acts of the Parliament of Canada passed together by the 42nd Canadian Parliament in 2019. The Acts gave authority to the federal government to consider how climate change might be impacted by proposed natural resource projects when undergoing federal approvals, while also being attentive to safeguarding market competitiveness.[11]

History

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The bill, which was introduced by the Minister of Environment and Climate Change Catherine McKenna, had its first reading on February 8, 2018,[4] its second reading on March 19,[5] and its third reading on May 8.[6] It passed in the House of Commons of Canada on June 20, 2018[1] and in the Senate of Canada on June 6, 2019.[2] Bill C-69 received royal assent on June 21, 2019.[3] The Acts were introduced together as Bill C-69 and entitled 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.[12]

Repeals

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C-69 repealed the Canadian Environmental Assessment Act, 2012[13] and the National Energy Board Act.[14][15]

Reception

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C-69 was heavily criticized by Conservatives and the Canadian Association of Petroleum Producers, who feared that the new regulations would stifle investments to natural resources extraction in Canada.[16] A June 20, 2019 National Post article called Bills C-69 and C-48 "controversial".[17] The Post said that natural resources sector and some provinces had fiercely opposed the bills for over a year before its passage.[17] Some critics of the bill say that it attacked the oil and gas sector in Canada, according to the Post.[17] Alberta Premier Jason Kenney dubbed C-69 the "No more pipelines act".[18]

Professors Martin Olszynski and Mark S. Winfield believe these criticisms are overblown. Winfred points out that the pre-2019 regulatory framework is much weaker than the one that existed for 40 years in Canada before it was axed in 2012. C-69 brought back some of the consultation requirements from that period, and according to Winfield, "the legislation is a relatively minor adjustment to what already existed". In fact, Olszynski believes that this bill would make it easier for projects to go forward, as project critics would be included in the decision-making process, and thus less likely to resort to litigation to make their voices heard.[16]

The passage of Bill C-69 was widely viewed by industry as a negative.[19]

Amendments

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The Canadian Energy Regulator Act was amended by the Canada–United States–Mexico Agreement Implementation Act, which was ratified on April 3, 2020, to replace references within the act to the North American Free Trade Agreement with references to the newer United States–Mexico–Canada Agreement.[20]

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Alberta Premier Jason Kenney submitted an appeal with the Alberta Court of Appeal in 2021 alleging that Bill C-69 was an attack on the province's "vital economic interests" and that it has resulted in job loss.[11] The lawsuit claims the bill is federal overreach in provincial jurisdictions and has a negative effect on future major oil and gas projects.[11] On May 10, 2022, the Court of Appeal of Alberta (ABCA) found the Impact Assessment Act and the Canadian Energy Regulator Act, were unconstitutional.[21]

On October 13, 2023, the Supreme Court of Canada upheld the Albert Court of Appeal's decision in Reference re Impact Assessment Act and ruled "the federal impact assessment scheme is unconstitutional in part."[22] The Court found the Impact Assessment Act, 2019 was "not directed at regulating 'effects within federal jurisdiction' as defined in the Act, because these effects do not drive the scheme’s decision-making functions" and that "the defined term “effects within federal jurisdiction” does not align with federal legislative jurisdiction."[22] However, sections 81 to 91 of the Act, "which establishe[d] an impact assessment process for projects carried out or financed by federal authorities on federal lands or outside Canada," was found to be constitutional.

See also

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  • Oil Tanker Moratorium Act (Bill C-48)

References

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  1. ^ a b "Impact Assessment Act" (PDF). Parliamentary Debates (Hansard). Canada: House of Commons of Canada. June 20, 2018. p. 21345.
  2. ^ a b "Impact Assessment Bill, Canadian Energy Regulator Bill, Navigation Protection Act" (PDF). Parliamentary Debates (Hansard). Canada: Senate of Canada. June 6, 2019. p. 8430.
  3. ^ a b "Royal Assent" (PDF). Parliamentary Debates (Hansard). Canada: Senate of Canada. June 21, 2019. p. 8845.
  4. ^ a b "Impact Assessment Act" (PDF). Parliamentary Debates (Hansard). Canada: House of Commons of Canada. February 8, 2018. p. 16915.
  5. ^ a b "Impact Assessment Act" (PDF). Parliamentary Debates (Hansard). Canada: House of Commons of Canada. March 19, 2018. p. 17695.
  6. ^ a b "Impact Assessment Act" (PDF). Parliamentary Debates (Hansard). Canada: House of Commons of Canada (ENVI). June 20, 2018. p. 21345.
  7. ^ Committee Report No. 15 - ENVI (42-1) - House of Commons of Canada (Report). Committee Report. Canadian House of Commons Standing Committee on Environment and Sustainable Development. May 29, 2018. Retrieved May 13, 2022.
  8. ^ "Impact Assessment Bill, Canadian Energy Regulator Bill, Navigation Protection Act" (PDF). Parliamentary Debates (Hansard). Canada: Senate of Canada. June 20, 2018. p. 6216.
  9. ^ "Impact Assessment Bill, Canadian Energy Regulator Bill, Navigation Protection Act" (PDF). Parliamentary Debates (Hansard). Canada: Senate of Canada. December 12, 2018. p. 7326.
  10. ^ "Impact Assessment Bill, Canadian Energy Regulator Bill, Navigation Protection Act" (PDF). Parliamentary Debates (Hansard). Canada: Senate of Canada. June 6, 2019. p. 8430.
  11. ^ a b c Rieger, Sarah (January 23, 2021). "Alberta's legal challenge of Bill C-69 is part of a list of grievances against Ottawa". CBC News. Retrieved May 13, 2022.
  12. ^ "Government Bill (House of Commons) C-69 (42-1) - First Reading - 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 - Parliament of Canada".
  13. ^ "Canadian Environmental Assessment Act". Laws.justice.gc.ca. Archived from the original on 2011-01-05. Retrieved 2012-10-19.
  14. ^ Government of Canada (2014-04-01) [Enacted 1985], National Energy Board Act (R.S.C., 1985, c. N-7), Department of Justice, retrieved 2014-11-03
  15. ^ Tasker, John Paul (February 8, 2018). "Ottawa to scrap National Energy Board, overhaul environmental assessment process for major projects". CBC News. Retrieved February 8, 2018.
  16. ^ a b Lake, Holly (November 9, 2018). "Environment and economy face off in battle over marine-protection bill". iPolitics. Retrieved May 31, 2019.
  17. ^ a b c Snyder, Jesse (June 20, 2019). "Controversial bills C-69 and C-48 to become law, one day after Senate enforces Arctic offshore oil ban". National Post. Retrieved May 13, 2022.
  18. ^ Dryden, Joel (13 October 2023). "Supreme Court rules environmental impact legislation largely unconstitutional". CBC News.
  19. ^ O'Rourke, Patrick. "The Bill C-69 Aftermath - Understanding Canada's new regulatory framework". ATB Capital Markets. Retrieved 5 May 2024.
  20. ^ "Statement by the Deputy Prime Minister on Canada's ratification of the new NAFTA". Government of Canada. April 3, 2020. Archived from the original on February 14, 2021. Retrieved April 13, 2020.
  21. ^ (Court of Appeal of Alberta May 10, 2022) ("In the Matter of 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, SC 2019, c 28 and the Physical Activities Regulations, SOR/2019-285 And in the Matter of a Reference by the Lieutenant Governor in Council to the Court of Appeal of Alberta under the Judicature Act, RSA 2000, c J-2, s 26"), Text.
  22. ^ a b Canada, Supreme Court of (2023-10-13). "Supreme Court of Canada - 40195". www.scc-csc.ca. Retrieved 2024-01-20.
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