OTTAWA - More than 50 of Canada’s top scientists and scholars are warning that Prime Minister Mark Carney’s marquee legislation aimed at fast-tracking major projects needs to be amended, or the federal government is risking “costly and potentially irreversible harm,” to the environment. In an open letter published Thursday, 56 fellows from the Royal Society of Canada outline six specific amendments they say need to be made to Bill C-39, the Building Canada Strong Act. The scientific experts write that while they support the bill’s central aim of streamlining project assessments, there are several clauses within the legislation that need to be altered or scrapped entirely. They say the changes are needed for the government to keep its promise to protect species at risk, delicate ecosystems, natural resources and human well-being. “Bill C-39, as drafted, really puts aside a lot of the environmental regulations and laws that we have in place in Canada to protect nature and protect our waters, protect our air,” said Dr. Sarah Otto in an interview with CTV News. Otto, one of the signatories and a zoology professor at the University of British Columbia, said the speed at which the bill is moving was a key motivator for the coalition to come together over the past week and produce the letter. It has since been submitted as a brief to key parliamentarians. “These harms, oftentimes can’t be fixed, and so we’re really borrowing from the natural resources of future generations to pay for our economic growth right now,” she said. While the open letter was signed by Royal Society fellows, the organization was not involved in organizing or mobilizing it, a spokesperson told CTV News. “We are proud to be an organization that brings together many of Canada’s leading scholars, and we support our members in drawing on their expertise to contribute to important public discussions and work toward better outcomes for Canada,” said Royal Society of Canada President Françoise Baylis in an emailed statement. Alarms sounded, but bill speeding ahead The omnibus legislation proposing to accelerate the regulatory approval process for nation-building energy and infrastructure projects while addressing labour uncertainty, was tabled on the first day of the fall sitting. Three weeks later it cleared its first parliamentary hurdle. When it was presented, in a press release, the government touted the bill as “the most comprehensive and ambitious reform to Canada’s ability to get big things built in a generation.” Despite assertions from senior government officials and federal ministers that the bill upholds environmental standards and Indigenous rights, there’s been considerable pushback. “That’s not what this bill does,” Otto said. “It does not maintain our environmental standards. It lowers them, sidesteps them, or allows ministers to dismiss the conditions that are imposed on projects to make sure that they don’t damage and harm our environment.” In the days following Bill C-39 being introduced, climate activists brought their discontent right to Parliament Hill, resulting in several people including seniors being arrested for trespassing. “The prime minister is rightly considering how do we balance our books, how do we make sure people are employed and that is really important across this country. But there’s also environmental books, our natural heritage, what sustains us and the species that we share this country with,” said Otto. “Those are the environmental books, and I don’t think those are being balanced.” Labour groups have sounded alarms over changes to the Canada Labour Code rules around collective bargaining included in the bill, which they say will have adverse consequences for workers and strip them of their right to strike. However, business and industry stakeholders have welcomed the legislative package, which also proposes to create zones of “national interest,” and ensure federal assessments of new projects take no longer than one year and are co-ordinated under a new streamlined process. So far, it’s largely been these pro-commerce and manufacturing voices that have been given a platform to speak to the bill, in front of the special committee struck to study it on an accelerated timeline. Otto said the experts behind the letter have requested to appear as witnesses, but they haven’t been invited, yet. MP panel studying C-39 lacks opposition The bill has been sent to a specially-constructed House Committee, where MPs will focus exclusively on the legislation and no other issue, unlike standing committees, which must juggle multiple bills and studies at the same time. Given the legislation’s split focus, creating a dedicated committee rather than sending it to the labour, environment, finance or energy-focused committees appears to be an effort by the government to take the path of least resistance. Of the 12 members tasked with studying the legislation, 11 of them have already voted in favour of it. The sole member of Parliament that voted against the legislation at second reading is Bloc Quebecois MP Gabriel Ste-Marie. Both the Liberals and Conservatives are fully backing it. Neither Green Party MP Elizabeth May nor any NDP MPs were invited to join the committee, despite seeking an exception that would allow them to participate without official party status. “The only vehicle open to us as parliamentarians is to amend the bill, but that process is severely limited,” said NDP Parliamentary Leader Don Davies in an interview with CTV News. “The committee stage is the only stage of the process where Canadians get to weigh in… and it’s a very vital part because very often, through listening to Canadians, you understand the flaws of the bill, and that can often form the basis for amending it to improving it.” However, in this case the Liberals have limited the amount of time to hear from witnesses they haven’t hand-selected, to eight hours. Davies said the “inescapable” conclusion from the decision is that Carney isn’t interested in hearing opposition. “Carney has called this legislation the most consequential legislation of this Parliament… then Parliament should take its time,” he said. “We should open the doors to hear from the full range of Canadians, from environmentalists to Indigenous people to labor groups to business groups to everybody who’s affected to make sure we get it right.” Failing to do so opens a huge risk for the government that the stated aim of the bill – building big things faster – won’t be possible due to a lacking societal buy-in, potential court challenges, or protests, he said. “That’s no way to govern, and I think it’ll backfire on the government,” Davies said. Per the workplan MPs agreed to, any proposed amendments to Bill C-39 are due to the committee clerk by 5 p.m. ET on Nov. 4, with clause-by-clause consideration taking place mid-month. CTV News asked Minister of the Environment, Climate Change and Nature Julie Dabrusin’s office for comment on both the specific scientific concerns and the reservations about the committee process. In an emailed response, Dabrusin’s office reasserted that Bill C-39 will not compromise on environmental standards. “The scope of environmental assessments remains the same and will continue to consider a broad set of factors, including environmental, health and social effects, as well as Indigenous and traditional knowledge. Any project will continue to be subject to legally-binding conditions and mitigation measures,” said her press secretary Amy Falkner. Falkner also said that the government has been open to receiving public feedback about the legislation “and are committed to doing so as bill C-39 moves through Parliament.”
