Senator Miville-Dechêne questions ministers on Bill C-39 during Committee of the Whole

By: The Hon. Julie Miville-Dechêne

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The Senate resolved into a Committee of the Whole in order to study the subject matter of Bill C-39, An Act respecting certain measures to strengthen the economy.

Senator Miville-Dechêne: Good afternoon to all three of you, and thank you for being with us.

I have a fairly short and specific question. In Division 6 of Part 1 of Bill C-39, you’re amending the Species at Risk Act by reserving the right to disregard the impact assessment if the conditions imposed on the proponent are not technically, economically and practically feasible.

What does this mean in practical terms for endangered species? Does it mean that they will be sacrificed if protecting them is too complicated?

I believe this question is for Mr. LeBlanc.

Mr. LeBlanc: Thank you, Mr. Chair.

I know that Minister MacKinnon will be able to add to my answer because, in some cases, certain species come to mind in a port context. British Columbia is one example, but it’s an issue all across the country.

You’re absolutely right, senator. I understand the importance of protecting species at risk. I acknowledge that you raised a technical aspect of the act, but I don’t agree with your interpretation of the example you used. You suggest that protecting species at risk could be sacrificed on the grounds that the project is too complex for certain proponents. That is not at all what we have in mind.

On the contrary, we deliberately asked federal authorities to work faster, but to work with proponents from the moment they submit their application to ensure that the mitigation hierarchy is applied. Our colleague has often talked to us about this. It’s a critical part of making good decisions.

Moreover, if I may, with respect to the consultations we conducted over the summer, as my colleagues will recall, the document released in May included a provision that would have completely exempted projects from the application of the Species at Risk Act. The House of Commons removed that provision from the bill you are currently considering in your pre-study. We listened and understood that very reasonable concern. We removed the government’s ability to completely exempt projects from the application of that act. When the Impact Assessment Agency of Canada conducts an assessment, my colleague, the Minister of Environment, Climate Change and Nature, will have access to the data and the obligations created by the act. I can’t imagine a situation where the decision would be made the way you have —

The Chair: Thank you, minister.

Senator Miville-Dechêne: Thank you.

 

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