Private Member’s Bill C-245 DEFEATED: Would Entrench Climate Change Into Canadian Infrastructure Bank

Last year a Private Member’s Bill was defeated, and it wasn’t widely reported. This is interesting because of the subject matter, namely, embedding climate change into the agenda of the Canada Infrastructure Bank. This would have allowed the C.I.B. to become even more of a giant slush fund, doling out money for eco causes.

It was introduced February 8th, 2022, by N.D.P. M.P. Niki Ashton of Manitoba. It was soon defeated in Parliament, on June 22nd.

Of course, the usual disclaimer must be added in: just because this particular Bill was defeated, that doesn’t mean it won’t be reintroduced. Nor does it mean that it won’t be embedded into some larger legislation at some point in the future.

1 Section 6 of the Canada Infrastructure Bank Act is replaced by the following:
.
Purpose of Bank
6 The purpose of the Bank is to invest in infrastructure projects in Canada or partly in Canada that are end in the public interest by, for example, supporting conditions that foster climate change mitigation or adaptation, or by contributing to the sustainability of infrastructure in Canada.

3 Section 7 is amended by adding the following after subsection (1):
Priority
(1.‍1) In carrying out the functions set out in subsection (1), the Bank must give priority to:
(a) investments from public institutions, all levels of governments and Northern and Indigenous communities;
(b) infrastructure projects that propose measures aimed at mitigating or adapting to climate change; and
(c) infrastructure projects that are not harmful to the environment.

4 Section 8 of the Act is amended by adding the following after subsection (1):
Membership
(1.‍1) The membership of the Board must include at least
(a) one person recommended by an Indigenous organization that represents the interests of First Nations;
(b) one person recommended by an Indigenous organization that represents the interests of the Inuit; and
(c) one person recommended by an Indigenous organization that represents the interests of the Métis.

Worth noting as well: had this Bill passed in its original form, it would have put racial quotas into the Board of the C.I.B.

  • Canadian Climate Institute
  • Environmental Defence Canada
  • ONE Global (Canada)

Environmental Defence Canada is an interesting group to lobby Parliament. Why? Because Nathaniel Wallace, one of their lobbyists, was a Parliamentary Assistant (part Time) for Niki Ashton. No conflict of interest here.

Again, just because this specific Bill was voted down, that doesn’t mean that it won’t come back in some form. Stay vigilant.

Sources:
(1) https://www.parl.ca/legisinfo/en/bills?page=3
(2) https://www.parl.ca/legisinfo/en/bill/44-1/c-245
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-245/first-reading
(4) https://www.ourcommons.ca/Members/en/niki-ashton(36037)
(5) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/cmmLgPblcVw?comlogId=536746
(6) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=358871&regId=922011&blnk=1
(7) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=13022&regId=931577

Private Member Bills In Current Session:
(A) Bill C-206: Decriminalizing Self Maiming To Avoid Military Service
(B) Bill C-207: Creating The “Right” To Affordable Housing
(C) Bill C-219: Creating Environmental Bill Of Rights
(D) Bill C-226: Creating A Strategy For Environmental Racism/Justice
(E) Bill C-229: Banning Symbols Of Hate, Without Defining Them
(F) Bill C-235: Building Of A Green Economy In The Prairies
(G) Bill C-250: Imposing Prison Time For Holocaust Denial
(H) Bill C-261: Red Flag Laws For “Hate Speech”
(I) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(J) Bill C-312: Development Of National Renewable Energy Strategy
(K) Bill C-315: Amending CPPIB Act Over “Human, Labour, Environmental Rights”
(L) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(M) Bill S-243: Climate Related Finance Act, Banking Acts
(N) Bill S-248: Removing Final Consent For Euthanasia
(O) Bill S-257: Protecting Political Belief Or Activity As Human Rights

Private Member’s Bill C-315: Amending CPPIB Act Over “Human, Labour And Environmental Rights”

New Democrat Member of Parliament Alistair MacGregor recently introduced Bill C-315, to amend the Canada Pension Plan Investment Board Act. At least, his name is on it. It’s unclear if he actually wrote this legislation.

On the surface, this is a Bill to get Canada’s national pension plan to move away from certain activities, at least as far as investing is concerned. To the novice reader, there’s nothing objectionable. It’s short, and (apparently) straight to the point.

But, at its core, this is a form of economic warfare against certain industries. Companies (or sectors)

Preamble
Whereas the Canada Pension Plan is a major pillar of Canada’s retirement income system and the Canada Pension Plan fund is one of the largest sovereign wealth funds in the world;
.
Whereas capital markets can have a tremendous impact and influence on environmental and social outcomes;
.
And whereas Canada, having a long history as a defender of human rights and freedoms, is committed to promoting responsible business practices and holding to account those who violate human, labour and environmental rights;

1 Section 35 of the Canada Pension Plan Investment Board Act is renumbered as subsection 35(1) and is amended by adding the following:
Considerations
(2) The investment policies, standards and procedures, in order to take into account environmental, social and governance factors, shall provide that no investment may be made or held in an entity if there are reasons to believe that the entity has, in performing acts or carrying out work,
(a) committed human, labour or environmental rights violations;
(b) produced arms, ammunition, implements or munitions of war prohibited under international law; or
(c) ordered, controlled or otherwise directed acts of corruption under any of sections 119 to 121 of the Criminal Code or sections 3 or 4 of the Corruption of Foreign Public Officials Act.

In fairness, it’s nice that this is transparent about its intent. The CPPIB Act is to be amended to use its financial power to influence social change.

Admittedly, this Bill isn’t entirely bad. It does make sense not to do business with companies that are engaged in arms manufacturing if they may be a threat to Canada.

However, some of the more subjective areas leave opportunities for double standards to take place. Who decides if “environmental rights” have been violated? Considering vaccine passports were a recent issue, what qualifies as “human rights” violations? What about “labour rights”? Would it be illegal to bring in replacement workers? Since none of this is clearly defined, how could any sort of consistency be applied?

This is a common problem in these kinds of bills. Since key terms are undefined, then everything becomes subjective, and impossible to enforce in any uniform matter. Politicians may vote on them, but then it is up to unelected bureaucrats to work out the details.

Sources:
(1) https://www.parl.ca/legisinfo/en/overview
(2) https://www.ourcommons.ca/Members/en/alistair-macgregor(89269)
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-315/
(4) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-315/first-reading

Private Member Bills In Current Session:
(A) Bill C-207: Creating The “Right” To Affordable Housing
(B) Bill C-219: Creating Environmental Bill Of Rights
(C) Bill C-226: Creating A Strategy For Environmental Racism/Justice
(D) Bill C-229: Banning Symbols Of Hate, Without Defining Them
(E) Bill C-235: Building Of A Green Economy In The Prairies
(F) Bill C-250: Imposing Prison Time For Holocaust Denial
(G) Bill C-261: Red Flag Laws For “Hate Speech”
(H) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(I) Bill C-312: Development Of National Renewable Energy Strategy
(J) Bill S-243: Climate Related Finance Act, Banking Acts
(K) Bill S-248: Removing Final Consent For Euthanasia
(L) Bill S-257: Protecting Political Belief Or Activity As Human Rights

Private Member’s Bill C-312: Development Of A National Renewable Energy Strategy

Bill C-312 is about developing of a national renewable energy strategy, or so it’s claimed.

This Bill (supposedly) was written by New Democrat Member of Parliament Don Davies. However, he seems to be writing the United Nations’ dictates and trying to implement them into Canadian law. Remember how all these international agreements were supposed to be “non-binding”?

To add the usual disclaimer: Private Bills often don’t become law on their own. That being said, the contents can later be slipped into other, larger pieces and get passed with little to no debate.

The text of the Bill says “develop and implement” a national strategy. It’s doesn’t simply want a plan drawn up. The logical conclusion one could draw from this is that it will force closure of industries and businesses that don’t go along with the plan.

Preamble
Whereas the Intergovernmental Panel on Climate Change has been clear that averting catastrophic climate change requires global net human-caused greenhouse gas emissions to fall by 45% from 2010 levels by 2030 and reach net zero by 2050;
.
Whereas, on a national scale, jobs in the clean energy sector are projected to grow nearly four times faster than the average in other sectors between 2020 and 2030, and the sector’s contribution to gross domestic product is set to increase at more than double the average over the same period;
.
And whereas Canada must accelerate its transition to a clean energy future to meet the federal government’s target of reducing greenhouse gas emissions by 40% to 45% below 2005 levels by 2030;

Development of national strategy
3 The Minister must, in consultation with the provincial government representatives responsible for energy matters and with Indigenous governing bodies, develop and implement a national strategy to provide that, by December 31, 2030, 100% of electricity generated in Canada must be from renewable energy sources.

Objectives of national strategy
4 The national strategy must include measures designed to achieve the following objectives:
(a) the initiation in each calendar year of twice as many renewable energy production projects as non-renewable energy production projects;
(b) an increase in investment in the research and development of renewable energy technologies;
(c) cooperation between the federal government and provincial governments in the establishment of new large-scale public electric utilities; and
(d) the creation of a renewable energy economy and renewable energy jobs.

Incentives
5 (1) Within one year after the day on which this Act comes into force, the Minister, together with the Minister of Finance, must design and implement incentives to encourage the development of, and investment in, renewable energy projects related to solar, wind, tidal or biomass electricity generation and to encourage homeowners and businesses to retrofit their properties with new or more efficient renewable energy technologies to increase the proportion of electricity used by these properties that is derived from renewable energy sources.

This Bill, if implemented, will kill of the oil & gas industry in Canada. And it appears designed to do so.

There is a quota system, where there would be at least twice as many “renewable” energy projects started as non-renewables. They would also be subsidized, making them appear artificially cheaper.

This is essentially the “Green New Deal” that Alexandria Ocasio-Cortez pushed back in 2019. Of course, she wasn’t the original author of that plan, and was simply advancing a scheme developed over a decade earlier.

Isn’t it interesting how so much Canadian legislation can actually be traced back to foreign actors with their own agendas?

Sources
(1) https://www.parl.ca/legisinfo/en/overview
(2) https://www.parl.ca/legisinfo/en/bill/44-1/c-312
(3) https://www.ourcommons.ca/Members/en/don-davies(59325)
(4) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-312/first-reading

Private Member Bills In Current Session:
(A) Bill C-207: Creating The “Right” To Affordable Housing
(B) Bill C-219: Creating Environmental Bill Of Rights
(C) Bill C-226: Creating A Strategy For Environmental Racism/Justice
(D) Bill C-229: Banning Symbols Of Hate, Without Defining Them
(E) Bill C-235: Building Of A Green Economy In The Prairies
(F) Bill C-250: Imposing Prison Time For Holocaust Denial
(G) Bill C-261: Red Flag Laws For “Hate Speech”
(H) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(I) Bill S-243: Climate Related Finance Act, Banking Acts
(J) Bill S-248: Removing Final Consent For Euthanasia
(K) Bill S-257: Protecting Political Belief Or Activity As Human Rights

Private Member’s Bill C-226: Creating A Strategy To Address “Environmental Racism”

Green Party Leader, Elizabeth May, has introduced Bill C-226. This would compel the Government to create a national strategy to address “environmental racism”.

Most Private Bills don’t become law, at least not right away. However, the content may later get slipped into larger pieces, and get passed with little to no debate. Therefore, it’s worth knowing about all the Bills that are being introduced. This one is about to enter Third Reading in the House of Commons. This could very well pass.

May’s connections with various environmental N.G.O.s has been covered previously, and is worth another look. Being a member of the Trudeau Foundation is only the beginning.

Preamble
-Whereas the Government of Canada recognizes the need to advance environmental justice across Canada and the importance of continuing to work towards eliminating racism and racial discrimination in all their forms and manifestations;
-Whereas a disproportionate number of people who live in environmentally hazardous areas are members of an Indigenous, racialized or other marginalized community;
-Whereas the establishing of environmentally hazardous sites, including landfills and polluting industries, in areas inhabited primarily by members of those communities could be considered a form of racial discrimination;
-Whereas the Government of Canada recognizes that it is important to meaningfully involve all Canadians — and, in particular, marginalized communities — in the development of environmental policy and that racial discrimination in the development of environmental policy would constitute environmental racism;
-Whereas the Government of Canada is committed to assessing and preventing environmental racism and to providing affected communities with the opportunity to participate in, among other things, finding solutions to address harm caused by environmental racism;
-And whereas the Government of Canada recognizes that collaboration and a coordinated national strategy are key to promoting effective change and achieving environmental justice;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

There are many problems with this, one of them being that this Bill is so vague. It seems to imply that racism is entrenched in major decisions, and that environmental harm is being used to inflict damage on certain groups. However, there are no specifics on anything within the Bill. “Environmental justice” isn’t defined either, and that’s a major part of this legislation.

It invites the option of people gaslighting with accusations of racism, done under the pretext of protecting the environment. It’s difficult to imagine that such a thing could be written like this, unless it was done: (a) to pander; or (b) to cause chaos and division.

Sources:
(1) https://www.parl.ca/legisinfo/en/bills?page=3
(2) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-226/first-reading
(3) https://www.parl.ca/legisinfo/en/bill/44-1/c-226
(4) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-226/first-reading
(5) https://canucklaw.ca/whos-pulling-elizabeth-mays-strings/
(6) https://elizabethmaymp.ca/
(7) https://www.ctvnews.ca/politics/elizabeth-may-elected-green-party-leader-again-plans-to-co-lead-with-jonathan-pedneault-1.6160600

Private Member Bills In Current Session:
(A) Bill C-207: Creating The “Right” To Affordable Housing
(B) Bill C-219: Creating Environmental Bill Of Rights
(C) Bill C-235: Building Of A Green Economy In The Prairies
(D) Bill C-250: Imposing Prison Time For Holocaust Denial
(E) Bill C-261: Red Flag Laws For “Hate Speech”
(F) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(G) Bill S-243: Climate Related Finance Act, Banking Acts
(H) Bill S-248: Removing Final Consent For Euthanasia
(I) Bill S-257: Protecting Political Belief Or Activity As Human Rights

Private Member’s Bill C-235: Building Of A Green Economy In The Prairies

Bill C-235 has received Royal Assent, which is to be the building of a green economy on the Prairies. As the name implies, this legislation ties development in the West to the climate change agenda.

It was brought in by Liberal Jim Carr, who died of cancer in December 2022. He was the Member of Parliament for Winnipeg South Centre. Nonetheless, this Bill did eventually go through.

Content
(3) The framework must include measures that promote economic sustainability and growth and employment in the Prairie provinces by
(a) addressing the limited or non-existent transportation options in small cities and communities, and advancing innovative solutions for public transportation services in those cities and communities;
(b) fostering job creation and skills transfer, as evidenced by increased employment, in Prairie regions that rely on traditional energy industries to enable them to build a net-zero emissions green economy and mitigate their impact on climate change;
(c) prioritizing projects that generate natural infrastructure and a clean environment, such as tree-planting initiatives, solar energy projects and environmental management of the boreal forest, and that make use of all sources of energy, including nuclear energy;
(d) supporting the continued development of clean energy in fields such as agriculture, forestry, transportation, manufacturing and tourism;
(e) establishing programs and projects that stimulate a green economy, in a way that takes into account local circumstances, and the participation of local businesses, governments and civil society organizations; and
(f) preparing infrastructure projects that facilitate adaptation to climate change and mitigation of its adverse effects.

On the surface, all of this sounds fine. However, the details of how this would be implemented are pretty sparse. Would industries that are deemed inconsistent be shut down? Would they be starved financially?

Hearings in the House of Commons took place from September to November 2022, and it involved calling 17 witnesses.

  • Thursday, September 22, 2022
  • Thursday, October 6, 2022
  • Monday, October 17, 2022
  • Thursday, October 20, 2022
  • Thursday, November 17, 2022

The Senate also briefly considered the Bill in Committee on December 14, 2022.

So, what happens now that it’s passed? Guess we’ll have to see in the coming months and years. Potentially, it could lead to the further crippling of industries such as oil and gas.

Sources:
(1) https://www.parl.ca/legisinfo/en/bills?page=3
(2) https://www.parl.ca/legisinfo/en/bill/44-1/c-235
(3) https://www.ourcommons.ca/Members/en/jim-carr(89059)
(4) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-235/royal-assent
(5) https://www.ourcommons.ca/DocumentViewer/en/44-1/INDU/report-7/
(6) https://www.ourcommons.ca/Committees/en/INDU/StudyActivity?studyActivityId=11727447

Private Member Bills In Current Session:
(A) Bill C-207: Creating The “Right” To Affordable Housing
(B) Bill C-219: Creating Environmental Bill Of Rights
(C) Bill C-250: Imposing Prison Time For Holocaust Denial
(D) Bill C-261: Red Flag Laws For “Hate Speech”
(E) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(F) Bill S-243: Climate Related Finance Act, Banking Acts
(G) Bill S-248: Removing Final Consent For Euthanasia
(H) Bill S-257: Protecting Political Belief Or Activity As Human Rights

Private Member’s Bill C-219: Introducing “Canadian Environmental Bill of Rights”

Private Member’s Bill C-219 has a number of interesting parts, which should make people wary about the intent and purpose of it. It was introduce by N.D.P. M.P. Richard Cannings. As always, it can’t be assured that this won’t become law, or be embedded into other legislation at some point.

This Bill is to enact the Canadian Environmental Bill of Rights. Sounds harmless enough, doesn’t it? Let’s see what it says.

Paramountcy of Principles of Environmental Law
Environmental law principles
5 Every enactment must be interpreted consistently with existing and emerging principles of environmental law, including

(a) the precautionary principle according to which where there are threats of serious or irreversible damage to the environment, lack of full scientific certainty must not be used as a reason for postponing measures to prevent environmental degradation;

(b) the polluter-pays principle according to which polluters must bear the cost of measures to reduce pollution according to the extent of either the damage done to society or the exceeding of an acceptable level of pollution;

(c) the principle of sustainable development according to which development must meet the needs of the present without compromising the ability of future generations to meet their own needs;

(d) the principle of intergenerational equity according to which present generations of Canadians hold the environment in trust for future generations and have an obligation to use its resources in a way that leaves that environment in the same, or better, condition for future generations; and

(e) the principle of environmental justice according to which there should be a just distribution of environmental benefits and burdens among Canadians, without discrimination on the basis of any ground prohibited by the Canadian Charter of Rights and Freedoms.

To be blunt, this sounds somewhat Communistic. It gives the Government the right to act, even if there isn’t really a scientific or informed basis for doing so. Taken to its logical outcome, property could be seized, or businesses could be shut down in the name of protecting environmental rights.

The “polluter pays” is a reiteration of the climate change/Carbon tax initiatives that are ongoing, and is just wealth redistribution. If Carbon Dioxide is considered pollution, then almost anything can be.

All of this talk about equity and environmental justice also sounds like redistribution, but with language designed to conceal what’s really going on.

Things get interesting when you realize that anyone (at least in theory) can bring a Court challenge to protect their “environmental rights”.

Right of access to courts
9 (1) Every person residing in Canada has the right to bring a matter regarding the protection of the environment before a court or tribunal regardless of whether or not they are directly affected by the matter.

No challenge to standing
(2) The Government of Canada must not challenge the standing of a person residing in Canada to bring a matter regarding the protection of the environment before a court or tribunal on the sole ground that the person is not directly affected by the matter.

Right to request review
10 Every person residing in Canada has the right to request the Auditor General to review, in accordance with section 22 of the Auditor General Act, any Act of Parliament respecting the environment, any instrument made under the authority of such an Act or any environmental policy of the Government of Canada to determine whether, in order to ensure respect for the rights conferred under this Act, it should be amended, repealed or revoked.

Anyone familiar with the Court system knows that you need “standing” to bring a challenge. This means private interest standing (impacts you directly), or public interest standing (impacts society). This Bill would imply that public interest is automatic, so there’d be no need to prove a direct impact.

Also worth noting is that it says anyone “residing in Canada”. It doesn’t specify Canadian citizens. It also doesn’t say that people bringing such challenges have to be in country legally.

It would also amend the Canadian Bill of Rights by adding this section:

Canadian Bill of Rights
37 Paragraph 1(a) of the Canadian Bill of Rights is replaced by the following:
(a) the right of the individual to life, liberty, security of the person, including to a healthy and ecologically balanced environment as defined in section 2 of the Canadian Environmental Bill of Rights, and enjoyment of property, and the right not to be deprived thereof except by due process of law;

But here’s where that may get tricky: yes, the Bill of Rights mentions property rights. However, when anyone has public interest standing to bring a legal challenge, how secure are your property rights? How would we realistically decide which rights prevail?

And what happens if the Government decides to appropriate your property in some way on the grounds that it violates other people’s rights to a healthy environment?

The Bill’s sponsor, Richard Cannings, is listed 375 times in the Lobby Registry of Federal officials. In fairness though, many of these have nothing to do with the issue at hand.

Cannings’ recent meetings include representatives from:

  • Canadian Association of Physicians for the Environment Foundation
  • Canadian Parks and Wilderness Society
  • Climate Action Network Canada
  • Ecojustice Canada
  • Environmental Defence Canada
  • Greenpeace Canada
  • Nature Canada
  • The Nature Conservancy of Canada
  • World Wildlife Fund Canada

There’s considerable overlap with Rosa Galvez’s Bill S-243.

It’s fair to ask who wrote Bills C-219 and S-243.

As we’ve seen with the 2005 Quarantine Act, and various Provincial Public Health Acts, harmless sounding legislation can be used as a basis to trample rights. While this environmental “Bill of Rights” seems great at first glance, how would things actually work?

(1) https://www.parl.ca/legisinfo/en/bills?chamber=1
(2) https://www.parl.ca/legisinfo/en/bill/44-1/c-219
(3) https://www.ourcommons.ca/Members/en/richard-cannings(89327)
(4) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-219/first-reading
(5) https://laws-lois.justice.gc.ca/eng/acts/c-12.3/page-1.html
(6) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/advSrch
(7) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/advSrch?V_SEARCH.command=navigate&time=1675642237504

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