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Impact Assessment Bill—Canadian Energy Regulator Bill—Navigation Protection Act

Motion in Amendment Negatived

June 6, 2019


Hon. Pierre-Hugues Boisvenu [ + ]

Therefore, honourable senators, in amendment, I move:

That Bill C-69, as amended, be not now read a third time, but that it be further amended in clause 1, on page 3, by replacing line 4 with the following:

“more efficiently, and the importance of respecting the constitutional rights of Canada’s provinces, including those laid out in section 92A of the Constitution Act, 1867;”.

The Hon. the Speaker [ + ]

Are senators ready for the question?

Hon. Pierre J. Dalphond [ + ]

I have a question for Senator Boisvenu.

The Hon. the Speaker [ + ]

Senator Boisvenu, would you take a question?

Senator Boisvenu [ + ]

Absolutely, Mr. Speaker.

The Hon. the Speaker [ + ]

Senator Boisvenu’s time has expired. Are you asking for five minutes, Senator Boisvenu, to answer questions?

Senator Boisvenu [ + ]

Please.

Senator Dalphond [ + ]

Senator, you referred to the Constitution Act of 1866, but it was of course 1867. Here’s my question. Based on your proposal, if a government wanted to create an energy corridor across Quebec, would Quebec carry out the environmental assessment for the federal project?

Senator Boisvenu [ + ]

First of all, I’m not sure if your hearing is poorer than mine, but I did say 1867. If I said 1866, I apologize. I also mentioned that those powers were rolled over when the Canadian Constitution was revised in 1982.

When I refer to those bills, I’m referring to projects carried out in the province. I believe that is all clearly set out on page 27 or 28 of the bill, which talks about projects carried out in the Province of Quebec that would be subject to impact assessments in accordance with this bill.

Senator Dalphond [ + ]

Therefore, as I understand your answer, the amendment you are proposing would not apply to the construction of an interprovincial pipeline.

Senator Boisvenu [ + ]

Obviously.

I’d like to ask the senator — and I apologize for not asking en français — is the senator aware that the environmental assessment legislation that is proposed in Bill C-69 does not, in fact, apply in the Yukon? Under the Umbrella Final Agreement, which recognizes Indigenous rights throughout the Yukon for those who have signed the land claims agreement, that Umbrella Final Agreement calls for a developmental assessment process to take into account the Yukon environmental and socio-economic assessment concerns of any project and to provide advice to the regulatory body.

With the Yukon Environmental and Socio-economic Act, which is federal legislation, Bill C-69 will not apply in the Yukon. The suggestion that provinces and territories are against Bill C-69 is not, in fact, correct when it comes to the Yukon. Is the senator aware of that?

Senator Boisvenu [ + ]

All I can say is that I would be very pleased if this bill did not apply in Quebec.

The Hon. the Speaker [ + ]

Are senators ready for the question?

The Hon. the Speaker [ + ]

In amendment, it was moved by the Honourable Senator Boisvenu, seconded by the Honourable Senator Patterson, that Bill C-69 be not now read — shall I dispense?

The Hon. the Speaker [ + ]

Is it your pleasure, honourable senators to adopt the motion?

The Hon. the Speaker [ + ]

All those in favour of the motion will please say “yea.”

The Hon. the Speaker [ + ]

All those opposed to the motion will please say “nay.”

The Hon. the Speaker [ + ]

In my opinion, the “nays” have it.

The Hon. the Speaker [ + ]

I see two honourable senators rising.

Do we have agreement on a bell?

Senator Plett [ + ]

Forty minutes.

The Hon. the Speaker [ + ]

The vote will take place at 5:45 p.m, following which the bell will ring for 15 minutes for the deferred vote from yesterday.

Call in the senators.

The Hon. the Speaker [ + ]

Honourable senators, pursuant to rule 9-6, the bells will now ring for 15 minutes to call in the senators for the deferred vote. The vote will take place at 6:07 p.m.

Call in the senators.

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