Bill C-49 · 44th Parliament · Justin Trudeau
An Act to amend the Canada—Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to other Acts
Government bill. Became law.
- IntroducedMay 30, 2023
- Debated in principleOct. 17, 2023
- Studied by a committeeDone
- Passed its first chamberMay 29, 2024
- Passed the second chamberOct. 1, 2024
- Became lawOct. 3, 2024
Leading supporters
Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.
- Justin TrudeauPrime Minister
Who carries this bill
Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.
What it set out to do
On 30 May 2023, the Minister of Natural Resources introduced Bill C-49, An Act to amend the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to other Acts, and it was given first reading. Bill C-49 amends the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act to, among other things, (a) change their titles to the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act and the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act, respectively; (b) change the names of the Canada–Newfoundland and Labrador Offshore Petroleum Board and the Canada-Nova Scotia Offshore Petroleum Board to the Canada–Newfoundland and Labrador Offshore Energy Regulator and the Canada–Nova Scotia Offshore Energy Regulator, respectively (“the Regulators”); (c) establish the Regulators as the regulating bodies for offshore renewable energy projects; (d) establish a …
Summary by the Library of Parliament.
Where members stand
Votes and debate for this bill have not been read yet.
How it changed on the way
36% of the text as introduced was changed or removed by the time it became law (71,916 words introduced, 56,027 passed). A committee amended it.
substantial changeintent mostly kept
The core purpose of expanding the accords to cover offshore renewable energy and renaming the boards as regulators remained intact. Parliament added new operational rules on staffing, fees, costs, and hearings that expanded the regulator's framework beyond the introduced text.
- New rules allow regulator staff to count prior service for public-service mobility after two years.
After: “Mobility of staff (4) For the purpose of being eligible for appointment to a position in the public service by an appointment process under the Public Service Employment Act , (a) any person who, immediately prior to being employed by the Regulator, was employed in the public service shall be deemed to be a person employed in the public service in the Department of Natural Resources in the location where that person is performing duties for the Regulator and in a position of an occupational nature and at a level equivalent to the position in which that person is employed by the Regulator;”
- New clause requires Canada to pay half the regulator's operating costs each year.
After: “Payment of operating costs (4) Subject to subsection (4.1), the Government of Canada shall pay one-half of the aggregate of the expenditures set out in the budget or revised budget in respect of each fiscal year.”
- New authority lets the regulator charge fees for applications and licences under the Impact Assessment Act.
After: “(b) respecting the fees or charges, or the method of calculating the fees or charges, in respect of any of the Regulator's activities under this Act or the Impact Assessment Act , that are to be paid by (i) a person who makes an application for an authorization under paragraph 138(1)(b) or subsection 138.01(1) or an application under subsection 139(2), or (ii) the holder of an operating licence issued under paragraph 138(1)(a) or an authorization issued under paragraph 138(1)(b) or subsection 138.01(1);”
- New power allows the regulator to hold public hearings on any of its duties.
After: “Public hearings 44.1 The Regulator may conduct a public hearing in relation to the exercise of any of its powers or the performance of any of its duties and functions under this Act.”
How precisely it is written
vagueChallenging the law: EasyDisputing a charge: Moderate
The text relies heavily on subjective opinions of ministers and the Governor in Council plus open-ended phrases like 'for any purposes' and 'reasonable time'. Defined terms and fixed distances exist but do not constrain the broad discretionary powers.
Open to argument
“in the opinion of the Governor in Council, may be identified”
Uses ministerial opinion and future possibility rather than an objective, existing designation.“for any purposes and under any conditions set out in the order”
Grants unlimited purposes and conditions without statutory limits.“if appropriate, accommodate any adverse impacts”
Subjective 'appropriate' test left to the Regulator with no defined standard.“within a reasonable time”
Undefined reasonableness standard invites prolonged argument over timing.
Clear-cut
“extending, at any location, as far as (i) any prescribed line, or (ii) if no line is prescribed at that location, the outer edge of the continental margin or a distance of two hundred nautical miles”
Supplies fixed geographic limits and a clear fallback measurement.“not later than 120 days before making the amendment”
Provides an exact numerical deadline.
Discretion. Ministers, the Governor in Council and the Regulator retain wide power to prohibit activities, cancel interests, set conditions and decide compensation through orders, regulations and opinions with minimal statutory constraints.
Challenging the law itself. Broad phrases such as 'any purposes' and repeated 'in the opinion of' create vagueness and overbreadth risks under the Charter doctrines referenced in the query.
Disputing a charge under it. A person facing a prohibition order could readily argue that the subjective 'opinion' or 'reasonable time' tests were not met, though the wide wording makes success uncertain.
Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.
Did it work?
no evaluation found
Who lobbied on it
No lobbying registration naming this bill is loaded.
Stages and dates from LEGISinfo.