An Act to amend the Criminal Code (alcohol ignition interlock device programs)

This bill was last introduced in the 37th Parliament, 1st Session, which ended in September 2002.

Sponsor

Anne McLellan  Liberal

Status

This bill has received Royal Assent and is now law.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Canada Foundation For Sustainable Development Technology ActGovernment Orders

February 19th, 2001 / 12:45 p.m.
See context

Bloc

Serge Cardin Bloc Sherbrooke, QC

At the outset, I would like to congratulate you, Mr. Speaker, on your appointment, and the new Speaker on his election. I am sure you will show fairness and impartiality in your work.

This is my first time speaking in the 37th parliament. I would have liked to rise before, but I was unfortunately gagged during the debate on Bill C-2. I wanted to speak on behalf of my constituents from Sherbrooke, but unfortunately I was unable to do so.

I would also like to salute my constituents and to thank them for the trust they put in me last November. I know many members talked about their majority when they rose for the first time and I will limit my comments to the fact that I increased mine 11 times. Figures should be interpreted when they are most favourable.

The bill before us today had been introduced before parliament was dissolved. It was then know as Bill C-46. The new Bill C-4 aims at establishing a foundation to fund sustainable development technology. Incidentally, the word foundation is reminiscent of the sad chapter of the millennium fund.

At the beginning of this session, it is difficult to see in what direction the government is aiming. Of course, the throne speech and its promises could provide interesting leads. We realize that all that can be found in that document looks like déjà-vu.

In fact, the legislative program looks the same as what it was before the election was called. Just consider the legislation concerning young offenders and the employment insurance program. Even with regard to Bill C-3, a minister's assistant said only the cover page was changed. That is a nice program. Even the Cabinet remained unchanged. The old federal reflexes of interfering in everything and anything are likely to carry on.

Let us put things briefly in context. Bill C-4, formerly Bill C-46, sponsored by the Minister of Natural Resources, would create a corporation, the Canada Foundation for Sustainable Development Technology. The objects and purposes of that foundation would be to provide funding for projects to develop and demonstrate new technologies to promote sustainable development, including technologies to address climate change and air quality issues.

The establishment of the Canada Foundation for Sustainable Development Technology is one of the initiatives that the federal government announced in its February 2000 budget to promote environmentally desirable technologies and practices. The foundation would operate as a not for profit organization. It would consist of a chairperson, six directors and eight members, some of them appointed by the government.

The foundation would have to table in parliament an annual report of its activities. The foundation would also have to administer a sustainable development technology fund, which would be provided with an initial amount of $100 million.

According to the backgrounder entitled “Canada Foundation for Sustainable Development Technology”, which was released by the government when the bill was introduced, the foundation would provide funding in two dominant areas: new climate-friendly technologies that hold the potential to reduce greenhouse gas emissions, and technologies to address clean air issues. This undertaking is not as clear in the bill, however.

The funding would be for specific projects. In order to benefit the maximum number of innovative sources, the foundation would accept proposals from existing and new collaborative arrangements among technology developers, suppliers and users, universities, not-for-profit organizations, and organizations such as industrial associations and research institutes. Small and medium size enterprises would be strongly encouraged to participate and lead projects supported by the foundation.

The foundation's activities would complement other government programs encouraging technological innovation, such as the Technology Early Action Measures component of the Climate Change Action Fund, and Technology Partnerships Canada in the case of environmental technologies.

The creation of a funding agency responsible for promoting the development of ecological technologies was recommended by the Technology Issues Table. In its December 10, 1999, report on the development of technological innovations to reduce greenhouse gas emissions, the Technology Issues Table recommended the creation of a fund to develop climate change technologies in order to encourage the development of target technologies with the potential to reduce greenhouse gas effects and stimulate international sales.

The technology issues table called for an initial investment of $20 million annually, to be increased to $200 million annually starting in the fifth year. It also recommended that 50% of the funding come from federal sources, 25% from provincial sources and 25% from private sources, although it felt that this could vary from one project to another.

Noting that one of the major challenges of innovation is the initial introduction of new technologies and new services in the market, the issue table also recommended the creation of a climate change technology demonstration program that would offset some portion of the financial risks involved in early domestic commercialization of greenhouse gas mitigation technologies.

According to the issue, this option should ramp up from $60 million per annum for year one to $300 million per annum for year five. The federal government should provide, on a portfolio basis, up to 30% of the investment, with the remainder originating from provincial and industry sources. The federal component would be repayable.

In this context the government decided in its budget 2000 to create the Canada Foundation for Sustainable Development Technology, which would support both development and demonstration activities but would not limit itself to climate change technologies.

Instead, it would fund various projects aimed at promoting technologies that contribute to sustainable development. Thus, this is a category of much larger projects.

While the government said it intended to put the emphasis on the funding of new technologies relating to climate change and clean air, the bill does not reflect this priority. It simply deals with the funding of sustainable development technologies, particularly those that are aimed at bringing solutions to climate change and air pollution issues.

Under the definition of “eligible project” in clause 2, the bill does not give express priority to the latter type of projects. Therefore, it might be up to the foundation alone to determine, under clause 19, what types of projects relating to sustainable development it would be prepared to fund.

It is important to note that the definition of eligible recipient in clause 2 refers to an entity that meets the criteria of eligibility established in any agreement entered into between the government and the foundation. It is not clearly indicated if this power, whose concrete aspects are not defined anywhere in the bill, could be used by the government to restrict the definition of “eligible recipient” to those claimants that carry on specific types of projects, thus influencing or restricting the foundation's funding decisions.

In other words, could the government and the foundation agree on eligibility criteria that would impact on what is an eligible project? It would be appropriate to get some clarification on that point, particularly since the government said that the foundation will not be an agent of Her Majesty.

The round table on technologies recommended initial funding of $80 million for the two phases of the projects, that is $20 million for development and $60 million for demonstration. It also recommended that this amount be increased to $500 million after five years, or $200 million for development projects and $300 million for demonstration projects.

Under the bill, the foundation would get an initial amount of $100 million to support development and demonstration projects. Now, since the foundation's mandate goes beyond the financing of technologies linked to climate change, one could come to the conclusion that the financing provided is insufficient, at least for the initial period.

I would also like to talk about some Liberal commitments regarding the environment. I would like to remind the House of some promises made by the Liberals during the last election campaign and contained in the third edition of the red book. However, the events of last week have shown the real usefulness of such documents. They do not seem to stand the test of time, since the authors of the promises contained in the red book voted against a motion containing one of those promises word for word.

Here are some of those promises which are directly linked to the subject matter of today's debate. Again, these are promises made by the Liberal government. They are the following:

(1) A new Liberal government will help the private sector by maintaining R&D tax credits that are already among the most generous in the world, and by working to commercialise discoveries made in government and university labs.

(2) A new Liberal government will act to significantly improve air quality for all Canadians. We will make special efforts to clean-up the air of our cities, where the population and the pollutants are most highly concentrated.

(3) A new Liberal government will continue to support the development of cleaner engines and fuels, and we will strengthen emissions standards for vehicles. We will greatly reduce sulphur in diesel fuel.

(4) A new Liberal government will attack the problem on several fronts under our Action Plan on Climate Change. We will promote increase energy efficiency in industry and in the transportation system. We will fund the development of new energy technologies, such as fuel cells, and help farmers to reduce agricultural emissions through improved farming methods.

Those are promises still. I continue:

We will increase Canada's use of renewable energy, such as electricity from wind and ethanol from biomass. We will encourage consumers to buy more energy-efficient products by providing information and setting high product standards.

That makes a lot of promises. In the throne speech, the government essentially repeated the same things. It said, for instance.

As part of its efforts to promote global sustainable development, the Government will ensure that Canada does its part to reduce greenhouse gas emissions. It will work with its provincial and territorial partners to implement the recently announced first national business plan on climate change.

I am not going to comment on these statements and promises one by one. A number of them, however, were already known. For instance, the action plan on climate change was announced last October 6.

In the 1997 and 1999 throne speeches, the Liberals announced that they would make the environment one of their priorities, that they would address the matter of climate changes and commit to promoting sustainable development on an international scale. Yet the budget allocated to the environment has done nothing but decrease since 1994-95.

How then can the Liberals be believed? We have no choice but to conclude that there is a lot of difference between talking the talk and walking the walk. For example, Environment Canada announced several months ago that it was going to call for tenders for the design of an import-export policy for PCB contaminated waste. This was made necessary by budget cuts at Environment Canada. As a result of these cuts, the private sector was entrusted with the mandate of designing policies on the import and export of hazardous waste. Really now.

I have, nonetheless, retained a few words from the vocabulary used in the promises and the throne speech: “on several fronts”, “provincial and territorial partners”.

Several fronts suggests a shotgun approach, in all directions and none at the same time. I presume that the government has good intentions and is acting in good faith. However, what does such concern hide? We saw the government move on several fronts in the case of the millennium scholarships and other initiatives in the education area, but its partners are given very little consideration. The federal government always acts as if it was the holder of absolute truth.

Let us now turn briefly to what the environment and sustainable development commissioner said. If the federal government really wants to take the path of sustainable development, it should start by examining its own operations to identify the areas it could improve before telling people that they should consume more ecological and energy efficient products. In his report for the year 2000, the Commissioner of the Environment and Sustainable Development said:

Since 1990, the federal government has made commitments to Canadians that it would green its operations. Yet, a decade later, there is a lack of rudimentary information about government's vast operations, the costs of which are likely more than $400 million annually for water, energy and waste disposal. We found that the government does not have complete and accurate data on the annual cost of running its buildings and on the environmental impacts of its operations.

When compared to Liberal commitments, this statement by the commissioner reveals that what is probably lacking the most at the federal level is concerted action. After the fiasco of the heating bill visibility operation we see clearly that the government does not have a long term vision.

Also, I would be remiss if I did not underline the recent findings of the auditor general on various appointments. The establishment of a foundation necessarily implies the appointment of a board of directors. I hope that the ministers who will make the appointments will base their decision more on the competence of the candidates than on their political allegiance.

Another point is the fact that Canada clearly will not fulfil its Kyoto commitment. Not only does Canada not appear to be on the way to reducing its greenhouse gas emissions, but it actually appears to be increasing them.

In the February edition of Le Monde diplomatique , it is reported that Canada is part of group of countries called the umbrella group. Reference is made to the November 2000 conference held in The Hague, which ended in failure due to these countries' intransigence.

These countries are attached to loopholes such as the unlimited emission rights instead of reducing greenhouse gas emissions and insist on taking forests into account in the determination of efforts made by each country. Organizations have already denounced the hypocrisy of Canada, which is hoping to boost its reactor sales by trying to include nuclear energy among clean tools of economic development.

At the Vancouver environment and natural resources ministers conference, Ottawa tried to address only public awareness measures and investment projects in less energy consuming technologies. And yet, if the trend holds, greenhouse gas emissions in Canada could be 35% above what they should be.

We must therefore conclude from these examples that what Canada is lacking is the firm political will to significantly reduce greenhouse gas emissions. Resorting to its age old strategy of invading provincial jurisdictions rather than developing a joint strategy, Canada will not be able to meet its international commitments.

The establishment of foundations and other similar initiatives will only ease the Canadian government's conscience without leading to any tangible result.

Would this be a new hobby aiming at shrinking the provincial role? Quebec does not need anybody's advice. As Mr. Pierre Elliott Trudeau used to say:

One way to offset the attraction of separatism is to put time, energy and huge amounts of money at the service of federal nationalism.

No doubt, the environment will be the next area to be invaded by the federal government to try and shrink Quebec's role even more. After the Canadian millennium scholarships, education, the health minister's plans for a family medicine program, the new federal hobby may well be the environment.

In this respect, the bill under consideration, which establishes a foundation to develop and demonstrate new technologies to promote sustainable development, appears to belong to the Canadian government's continued effort to have its way in many spheres of human action. What will the foundation do? How much money will it have at its disposal? The news release announcing the bill states:

The new Foundation will administer the Sustainable Development Technology Fund for the development and demonstration of new technologies, in particular, those aimed at reducing greenhouse gas emissions and improving air quality.

We are told as well that the foundation will have a budget of $100 million. How will the federal government reconcile the many efforts being made in the area of climate change and sustainable development? How will the money allocated for this foundation differ from the climate change action fund? Part of this fund is intended for cost effective technological projects promoting a reduction in greenhouse gases.

The Liberals have a long tradition of unfulfilled promises with respect to the environment. More specifically, in the area of greenhouse gases, not only is Canada not sufficiently reducing its greenhouse gas emissions, it is significantly increasing them. Rather than making a serious commitment to reduce them, Canada is now one of the group of countries that is looking more for loopholes in the Kyoto protocol than it is for sustainable ways to reduce emissions.

In this regard Quebec's energy choices are exemplary, and Quebec is resolutely committed to reducing greenhouse gases.

Will this foundation support initiatives in the nuclear sector? We could think so, since Canada has lobbied vigorously to have nuclear energy considered green.

In our election platform we noted that an investment of $1.5 billion was required for the environment. The federal government must attack this problem seriously. Had it not implemented the policy of $125 for heating oil, for example, it could have saved $1.3 billion. Will the foundation's $100 million be enough? Only the future will tell.

The Bloc Quebecois of course would support this bill because our party is concerned about the environment.

We would support the bill if it were amended on six factors giving rise to concern and opposition from the Bloc.

The first one is the division of powers. We see this as an underhanded way for the federal government to intrude once again in provincial jurisdiction.

The second one is that Quebec already has such a foundation. The creation of this foundation comes as a surprise, since a $45 million action fund for sustainable development already exists in Quebec.

Instead of creating this foundation, the federal government should transfer the money to Quebec's agencies, which are already working along the lines recommended by the table and which have a good understanding of the issue.

Concentration of powers is another factor. Practically all the directors of the foundation are appointed by the governor in council. Under the bill, the governor in council, on the recommendation of the minister, appoints seven of the fifteen directors. However, the eight other directors are appointed by the very members appointed by the governor in council.

Finally, the chairperson and all directors may be removed for cause by the governor in council. This method of appointment seems to be a roundabout way of allowing the federal government to interfere in an area under provincial jurisdiction and to have control over an organization that is not accountable to parliament.

The fact that the governor in council has the authority to enter into agreements with the foundation to set eligibility criteria regarding eligible recipients shows that this organization would not really operate at arm's length from the federal government. The latter would, in a roundabout way, have a say as to how funding is granted to eligible recipients.

Another factor is the dangerous definitions contained in the bill. For example, since the term “eligible project” deals with technologies that include, but are not restricted to, those to address climate change and air quality issues, this could allow funding for nuclear technology projects justified as a means of reducing greenhouse gas emissions, which would be contrary to the commitments made by the federal government in Kyoto.

The fifth factor to consider is the disparity between the recommendations from the table and the bill. The foundation would be responsible for managing funds to support technologies to promote sustainable development. It is certainly a lofty goal, but it is rather vague when used in a bill.

The establishment of such a foundation would not reflect the main recommendation of the table which was to allocate money for the development of technologies to reduce greenhouses gas emissions and to stimulate international sales.

The bill does not reflect the general direction of the recommendations of the technology table, mainly because it does not include a goal oriented implementation strategy. Also, the bill does not promote co-operation between the federal government, the provinces and industry and does not contain a qualitative definition of the benefits and factors contributing to our quality of live for each of the options.

The bill only focuses on two of the eight options brought forward by the technology table.

The last factor has to do with the level of funding. We are concerned about the small amount allocated to the reduction of greenhouse gas emissions. In 1998, the Anderson strategy had a budget totalling $1.3 billion over a period of five years to fight this problem.

On December 10, 1998, the table released a report on the development of technological innovations to reduce greenhouse gas emissions, in which it recommended that a fund be set up, with an initial contribution of $80 million for both stages, development and demonstration, and that the funding be increased to $500 million after five years.

Since the terms of reference of the foundation are not limited to technologies addressing climate change, the funding for the initial phase is not enough.

In conclusion, I would say that, through its environmental policy, the Bloc Quebecois does support positive and proactive actions, provided they take into account the fact that Quebec is an important stakeholder.

Therefore, we will be moving amendments at committee stage.