Bill C-57 (Historical)
Westbank First Nation Self-Government Act
An Act to give effect to the Westbank First Nation Self-Government Agreement
This bill was last introduced in the 37th Parliament, 2nd Session, which ended in November 2003.
Sponsor
Bob Nault Liberal
Status
Second Reading and Referral to Committee
(This bill did not become law.)
Elsewhere
All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.
Westbank First Nation Self-Government Act
Government Orders
November 7th, 2003 / 1:50 p.m.
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Canadian Alliance
Maurice Vellacott Saskatoon—Wanuskewin, SK
Madam Speaker, I believe you would find unanimous consent to pass Bill C-57, an act to give effect to the Westbank First Nation self-government agreement, at second reading and refer it to a committee without debate or amendment.
Bob Nault Kenora—Rainy River, ON
Madam Speaker, I rise on a point of order. I would like to put the question based on unanimous consent that Bill C-57, an act to give effect to the Westbank First Nation self-government agreement, be deemed to have been read a second time, referred to and reported from a committee, without amendment, concurred in at report stage and read a third time and passed. I seek consent of the House for that.
André Bachand Richmond—Arthabaska, QC
Madam Speaker, I am pleased to rise today in what is probably the last day in the current session to speak to an extremely important bill.
During our life as parliamentarians, we often make mountains out of mole hills even though there are no mole hills in this dignified House. But here we are dealing with an extremely important bill in the dying days of a session.
Regrettably Bill C-56 was put forward at the very last minute. It could already have been reviewed in committee and disposed of, sent to the other place where it could have been reviewed, amended if necessary, and passed.
A political agenda has taken over a humanitarian agenda. This is what is going on here. For the past few days, even weeks, various opposition parties, several government members and some ministers also, I hope, various stakeholders in Bill C-56, including brand name drug companies and generic name drug companies, as well as humanitarian and community groups involved in this issue have been urging the government to go ahead.
As a matter of fact, the office of the Minister of Industry had invited members to a briefing session on the bill, but it was postponed and was only held this week. It makes one wonder.
This week, the Prime Minister answered a planted question on Bill C-57, reading a prepared text saying that it was a priority. We might stop sitting very soon. Yesterday, the government House leader, before leaving for a warmer climate as a result of an appointment, said good bye to parliamentarians although Bill C-56 has not passed yet. Once again, the partisan agenda has taken over the humanitarian agenda.
For several weeks now the government has tried to blame the drug industry as well as the opposition parties, including the Progressive Conservative Party, the sponsor of the Drug Patent Act, accusing them of delaying matters. The holdup is not with us; it is with the government.
I will not talk about the benefits of Bill C-56, as everybody is in agreement on that. However, as my Bloc Quebecois colleague said, now that Bill C-56 can be discussed, as we are doing now, we see that there are people on both sides who have reservations, be they the brand name drug companies or the generic drug companies, humanitarian groups or non-governmental organizations.
We are ready to take a few hours or a few days to study the bill in committee, very quickly. We will not be the ones holding the process up. The problem is that every time there is a delay, there are more deaths in these countries, every day.
Let us imagine the possible and probably scenario of an adjournment and a prorogation in the next few weeks. We should be called back sometime in February. However, if there is a prorogation, all the bills will die on the Order Paper, unless there is an agreement among the parliamentary leaders of all the parties represented in the House. This could represent a delay of three or four months.
I would not want to hit a nerve here, but how many hundreds of thousands of people will contract these diseases, tuberculosis, malaria or AIDS, in that period? How many hundreds or thousands of people will die? It could be interesting to air the Liberal convention in Africa next week to make sure people realize that, because of a leadership convention, everything is being put on hold while people are dying.
We all agree with the bill. Yes, we support the pharmaceutical companies, and we also support the Patent Act since we introduced it. As one of my colleagues was saying earlier, what is interesting in all this is that we can be compassionate while doing business.
We can do it. The big bad World Trade Organization was able to arrive at a compromise, to strike a delicate and complex balance. It can be done.
That being said, we are stuck in a situation that we cannot control. The four opposition parties are in agreement about speeding up the process, but not at any cost. Our party does not have on its agenda a leadership convention that will be broadcast on all major Canadian networks on November 14 and 15.
We are lawmakers. We are here to finish any job that we start. Certain bills are frivolous. In fact, they exist just to make a minister or a government look good.
Bill C-56 is a very important bill. The Minister of Industry has made a number of blunders when he was justice minister and when he was health minister. We all remember the blunders he made on the hepatitis issue. At least here, with the credibility given to this file by the Minister for International Trade, he had a chance to speed up the process. But no. We are getting a new prime minister.
People dying in Africa are not a priority after all. Surely something can be done. We, in the Progressive Conservative Party, are in contact with our colleagues and our leader in the Senate. He and the PC team in the other place are ready to do the job quickly, but properly.
Will we have time to finish the job? While reading a letter, the current Prime Minister was boasting about the fact that we are the first country to legislate on the WTO decision, but the legislation may not be passed because of the partisan agenda of this government.
Yes, maybe it is time we had a new leader. Yes, maybe it is time we had a new prime minister. I agree with that, but surely there can be better planning. It is so important. Surely it would be possible to give the House, the committee and the other place the opportunity to look at this issue.
House leaders on this side met and they had discussions with the government House leader, or at least the person who will be in that position probably for another few hours. Rumour has it that he is going to Brazil. They can send him wherever they want. The fact remains that he always was a good soldier for the Liberal Party.
However, what are we going to do now? We will be back in our ridings next week. In my riding, I have organizations lobbying to have this bill passed. In Quebec there are organizations lobbying to have it passed. They are going to ask us what we are doing. And we will have to answer that we are currently on break. Their next question will be, “So will you be able to deal with it next week?”
We do not know whether or not we will come back. Regardless of the fact that the Order Paper is calling us back on November 17, we do not know if that is what is going to happen. We are ready. I am ready, as a member of the Standing Committee on Industry, Science and Technology, to come back next week to review the bill, to bring in people concerned with Bill C-56 and speed up the process.
We can do it. However, in some respects, we wonder if we should lend credibility to the Liberal partisan agenda. Should we do it? They tried to put the blame on us, “We know full well that the Conservatives favour the big drug companies. In the 1990s you introduced the Patent Protection Act and so on and so forth. You are against it. You are the bad guys in this Parliament.”
We are not the bad guys in Parliament. The bad guys are those who are unable to get their priorities straight with regard to their own legislative agenda. That is the problem.
With better planning and cooperation when they introduced Bill C-56, it could have passed today. Today, we are realizing that the big mean drug companies are not the only ones to have reservations. The generic drug companies also have reservations regarding the implementation of the bill. As I said earlier, without sounding like I am repeating myself and rambling on, organizations have reservations regarding Bill C-56. We would like to hear from them in committee. I can guarantee we will speed up the work, but we will do it.
If it were only pharmaceutical companies that had reservations, I would not be making this speech today. But stakeholders on both sides have reservations about the application and the applicability of this legislation.
Members of the Standing Committee on Industry, Science and Technology discussed this issue, and we would like to see the regulations. A bill is often 3, 4 or 5 pages long, whereas regulations are often 3, 4 or 5 inches thick. We would like to see what would be in there.
We must protect tens of thousands of jobs in Canada. In fact, we must protect the delicate balance between Canada and the United States with regard to pharmaceutical research and the distribution of pharmaceutical products.
Therefore, this bill must go to committee quickly. I am sure that, on this side of the House, we would agree to do this right now. Members on this side of the House, or at least members of the Progressive Conservative Party, are ready to sit down in committee and do a good and credible job.
Today, we can help those who are suffering, those who have had enough and those who will contract these diseases. We can tell them that Canada's commitment is more than a statement made by a Prime Minister at the end of his reign. Parliament will take its responsibilities.
At the same time, if the government has not done a good job in terms of legislative planning, that is its problem. It is not the opposition that is the big bad wolf here, but the government.
Bill C-56 is one of those bills that gives goose bumps. Yesterday, we were watching the Prime Minister who was boasting about Bill C-20. It gave me goose bumps, but not for the same reason. It gave me a negative feeling, whereas Bill C-56 gives me a positive feeling. If everybody agrees, we could look at this as early as next week, unless the partisan agenda prevails again over the humanitarian agenda, unless the government is willing to wait three or four months and have a few thousand more sick or dead people on its conscience. We are ready to move quickly to do a credible job.
Bob Nault Kenora—Rainy River, ON
Madam Speaker, I rise on a point of order. I think you would find unanimous consent that Bill C-57, an act to give effect to the Westbank first nation self-government agreement, be deemed to have been read a second time, referred to and reported from a committee without amendment, concurred in at report stage, and read a third time and passed.
Business of the House
Oral Question Period
November 6th, 2003 / 3:05 p.m.
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Glengarry—Prescott—Russell
Ontario
Liberal
Don Boudria Minister of State and Leader of the Government in the House of Commons
Mr. Speaker, I am pleased to answer all these questions.
This afternoon, the House will proceed to the report stage of Bill C-19, the first nations fiscal legislation. If this is completed in time, we will call Bill S-13, the census bill.
Tomorrow morning the business will be Bill C-51, the amendments to the Canada Elections Act. In the afternoon, pursuant to the offer made by the hon. member and others, we will proceed with Bill C-57, for our aboriginal community of Westbank, and hopefully will do all stages.
There have been discussions among House leaders. I understand that we could also, pursuant to the outcome of further negotiations, deal with Bill C-56.
We would then return to Bill C-52, the radiocommunication bill.
On our return from the remembrance week break, we will return to the unfinished business from this week. We will also commence report stage of such anticipated legislation as Bill C-38, the marijuana bill.
May I in conclusion thank all House leaders for the excellent cooperation they have given me throughout the last several years. Of course I will get to say that when we come back in November. I thank the right hon. Prime Minister as well.
John Reynolds West Vancouver—Sunshine Coast, BC
Mr. Speaker, I would like to ask the government House leader to indicate what business is scheduled for the rest of today and tomorrow.
Mr. Speaker, all opposition parties have agreed to pass at all stages, Bill C-57, which is the enabling legislation to bring into effect the Westbank first nation self-government agreement of October 3, 2003 and the Westbank first nation constitution.
My party has also agreed, and we hope others will, to pass Bill C-56 at all stages. Bill C-56 amends the Patent Act and the Food and Drugs Act to facilitate access to pharmaceutical products, to address the public health problems affecting many developing nations, especially those resulting from HIV-AIDS, tuberculosis, malaria and other epidemics.
Could the government House leader advise us whether we will put those through the House before we leave on Friday? With great anticipation, could he also tell the House what business we will be dealing with on November 17?
Westbank First Nation Self-Government Act
Routine Proceedings
November 6th, 2003 / 10:20 a.m.
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Kenora—Rainy River
Ontario
Liberal
Jean-Yves Roy Matapédia—Matane, QC
Mr. Speaker, I want to remind the House that the bill before us, which I began speaking about briefly yesterday, is the former Bill C-57. After prorogation of the House, it became Bill C-4. This is essentially the same bill granting businesses wanting to invest in nuclear energy a privilege that we consider excessive and that exempts them from any responsibility.
From the outset, we completely disagree with this bill for one simple reason. I strongly believe that the current government should have invested more in clean energy such as wind energy, instead of once again giving nuclear energy another chance. I am convinced that the community and most citizens —and my hon. colleague from Sherbrooke mentioned public consultation on this issue yesterday— would like to get rid of this energy and see it eliminated from the Canadian and Quebec landscape.
The second reason, which I alluded to earlier, is that the Bloc Quebecois believes that, if backers find this investment too risky, there is no reason why it should be any different for society.
I am having trouble figuring out where the government is going with this bill. It absolves investors of any obligation by saying “What we want as a government is to ensure that people can invest in nuclear energy without having to get involved if there is a problem”. If there were a disaster and the site needed to be decontaminated, it would again be up to the people, in other words the government, to clean up the mess. I am convinced that, because of the high costs of site remediation, the companies responsible would probably go bankrupt and disappear into thin air. Again, the government would have to deal with the problem. The State and its citizens would have to pay to have the site decontaminated. This bill leaves the door wide open to this kind of abuse.
The third reason is that, despite everything being said, we believe that there are significant risks associated with nuclear energy. The main risk of course has to do with waste disposal. We could remind the House of the Chernobyl disaster. Some will say “Yes, but our nuclear power plants are different. They do not use the same technology. Candu reactors are used at our plants”.
We have exported our Candu technology throughout the world. In fact, we have even gone as far as selling it to dictatorships when Eastern Europe was still under Soviet rule.
In spite of all that, I believe that nuclear energy is dangerous. We saw that a few years ago, two or three years ago, when we toured Canada's nuclear generating stations, whether in Ontario or in New Brunswick, where the Pointe-Lepreau nuclear generating station is located. We realized that nuclear generating stations, particularly in Ontario, were not well maintained and could pose significant risks for society as a whole and for those living near these stations. Of course, because of the size of our continent and because of the dominant winds, if ever there were a nuclear accident in one of these stations—and I could also talk about nuclear generating stations located in the state of New York—we would be affected in Quebec. And the same goes for all of central Canada and even for the east coast.
These are the three reasons why we will oppose this bill. However, I would like to go back to the treatment of nuclear waste. Investing $6 billion in Atomic Energy of Canada without knowing how nuclear waste will be disposed of is a typical example of a society's failure to think.
As a society, it is irresponsible to produce this type of energy without knowing what we will do when the time comes to treat nuclear waste, to dispose of it in an appropriate manner and to decontaminate the sites where these generating stations are located.
I would like to quote from the press release that was put out by the former Minister of Natural Resources when he introduced the bill. It accurately reflects the spirit of the bill as well as our fears:
These companies must have access to commercial credit to finance their needs, like any other enterprise, said Minister Dhaliwal. This amendment will allow the nuclear industry to attract market capital and equity. At the same time, we can continue to ensure that nuclear facilities are managed in a safe and environmentally sound manner.
Continuing:
The Act's current wording has been interpreted to extend site remediation liabilities beyond the owners and managers to also include lenders—
I would stress, these are the minister's own words.
creating for them unknown financial obligations that may exceed by far their commercial interest. The consequence has been to discourage private sector interest in lending to the nuclear industry.
Here we have the minister introducing a bill and making such an incredible statement. He is telling us “Yes, but the private sector does not want to invest in nuclear energy, because the risk is too great and is an unknown”.
So, we are just going to absolve them of responsibility. Is the risk not also a major one for society as a whole? Is what is now being done not just bringing the risk here, before this House, so that the entire community will have to assume that risk, rather than lenders?
We cannot in any way support such a bill. In my opinion, this is a mistake that must be corrected. I am convinced anyway that, if we were to require businesses, lenders, to be liable for an accident, none of them would invest in nuclear energy.
What point is there in this, if the private sector refuses to invest in nuclear energy, in this type of energy?
In recent days there has been much talk of the Kyoto protocol. The government wants to see it passed, but we could also talk about this government's past record as far as clear energy is concerned. If we no longer invest in nuclear energy, a replacement must be found. In my opinion, it will need to be replaced by new energies, and there must be heavy investment in these energies.
I would describe the federal government's track record, as far as investment in new energy is concerned, as shabby and irresponsible.
Simply consider the proposed investments in wind power. I was telling you earlier that more than $6 billion was invested in the Atomic Energy of Canada program. What is the federal government doing to help develop wind power, particularly in our regions? We know that regions like the Gaspé are great places to develop this kind of energy.
The existing federal government program gives us access to $17 million per year over 15 years to develop wind power. This is simply ridiculous, if you compare it to the $6 billion invested in atomic energy.
We could also look at other sectors when fossil fuels are concerned. The Hibernia project in Newfoundland alone received $3.8 billion in assistance. Currently, we are discussing the Kyoto protocol. We are being told that it is essential to ratify Kyoto and reduce greenhouse gas emissions. The government invested $3.8 billion in the Hibernia project for oil and gasoline, which is a highly polluting fossil fuel energy and a big producer of greenhouse gas.
Direct subsidies of $1.22 billion, $1.66 billion in loan guarantees and a $300 million interest assistance loan were granted to the Hibernia project in Newfoundland. Ottawa also financed 65% of the total project cost, and now look at how much currently goes toward developing wind power.
Did the federal government do the same with hydroelectricity? It did not invest one penny in this sector. Fossil energies were developed, when we had the capacity to develop clean energies such as hydrolectricity. This government never invested one penny in hydroelectricity in Quebec, when it was pouring huge amounts of money into the other provinces.
I could also have talked about what happened regarding the Athabasca tar sands. Since 1970, the federal government has invested $66 billion in fossil energies such as oil and gas. Let us try to imagine what would have happened if, in addition to the $6 billion invested in atomic energy, that money had been invested in clean energies. If we had had $72 billion to develop clean and alternative energies, today the Kyoto protocol would be a mere formality. We would probably be ahead of the other countries of the world. We would produce a lot less greenhouse gases.
I want to go back to wind energy. We talk about it a lot right now because of the Kyoto protocol, but we could also do it because of what the government is proposing. Over the past six years, wind energy has experienced an annual growth of 30% worldwide.
Germany is the number one user of this form of energy. It has 40 times more installed power than Canada. Europe alone has almost 75% of the world's wind generators. Yet, we all know that, at one time, Europe was a major developer of atomic energy. Today, it is doing everything it can to get rid that form of energy, because it is not, in its opinion, a truly cost-effective form of energy, considering the costs involved and its end result, namely the waste that it produces. Moreover, current technology does not allow us to get rid of the waste produced by atomic energy.
Consequently, the European Union wants 22% of its electricity generation to come from renewable sources, wind energy in particular. A large part would come from this type of energy, as I mentioned. Denmark is currently meeting 13% of its energy needs through wind energy. Even the United States has significant incentives, including a 2.7 cent per kilowatt-hour subsidy, to meet an objective of over 500,000 watts.
Let us look at what the current government is offering in the area of wind energy. This $17 million per year comes from a program that spans several years and sets out a 1.2¢ per kilowatt-hour contribution for projects set up in 2002, a 1.1¢ per kilowatt-hour contribution for those started in 2003, and so on, all the way to a 0.8¢ per kilowatt-hour contribution in 2007. This is being called an incentive, this $17 million a year to develop clean energy here. Personally, I do not think that this amounts to much. I think the government has the responsibility to invest more in wind energy.
The Bloc Quebecois proposed a $700 million federal wind energy investment program. That may seem like a lot of money, but I remind those listening that if we look at the amounts that were given to the oil and nuclear industries in recent years, it adds up to more than $72 billion. We are talking about $700 million compared to $72 billion. I do not think that it is too much to ask for a real program to promote wind energy. It would be fully in line with ratification of the Kyoto protocol.
We know very well that wind energy is a clean source of energy. It produces no greenhouse gases. Therefore, it does not constitute a danger for our society, nor for the society we will leave for our children.
We, in the Bloc Quebecois, are proposing a $700 million program over five years. I might add that this is a minimum. If we decided tomorrow morning to develop wind energy just in eastern Quebec and particularly in the Gaspé Peninsula, we could create 15,000 jobs in short order, including on the North Shore and along the Lower North Shore. Nuclear energy could never do that. It could never do that for our regions.
Fifteen thousand jobs could be created in Quebec if $700 million was invested in the development of wind energy. This would involve developing a made-in-Canada technology rather than an imported one. It would be all ours, adapted to our climate, adapted to our environment. We would be creating a high tech industry, with worthwhile jobs, and could later export the technology. We have a particular climate and therefore need to develop technology that is tailored to that climate.
As I said, this is what the Bloc Quebecois is proposing. When we first proposed this, the objective was to create a minimum wind power capacity of 1,000 megawatts in Quebec alone, mainly the Gaspé region. That is why the program we are proposing would target component manufacturing plants. As I said, it is not just a matter of setting up wind generators, or of just purchasing the technology and sticking up some poles with blades on them on some mountain. That is not what will create jobs. That is not what will help us make technological advances over other countries. That is not what will allow us to develop, particularly in a region like the Gaspé.
I should perhaps point out at this time, given the local socioeconomic situation, and the possibility of a cod moratorium, that we stand to lose another thousand jobs in the Gaspé. In Newfoundland alone, there will be 11,000 jobs lost. If a substantial investment were made in wind power, the economies of these regions could be given a real boost.These regions could develop by turning to high tech, instead of being totally dependent on natural resources.
It is important for this government to realize that this would be a major input for developing our economy. In recent days, moreover, what has been called for unanimously, in Quebec, in the Gaspé, on the North Shore, in Newfoundland and the maritime provinces as well, is a true program to jump start the economies affected, particularly those that will be hit by the potential cod moratorium. Some economies were virtually totally destroyed by the 1992 moratorium. By adopting measures in favour of developing clean energies, energies to replace fossil fuels or nuclear energy, we have an opportunity—
Jean-Yves Roy Matapédia—Matane, QC
Madam Speaker, before I begin, I want to ask a question of the hon. member from the Alliance who has spoken often in this debate. The subject is nuclear energy, but there are also energy alternatives.
I would like to know if he understands the difference when wind power is discussed, for example. Does he understand that it is the wind that turns the turbines and not the turbines that create the wind? I do not think that he truly grasps the meaning of this bill, which takes the responsibility away from lenders with regard to the nuclear industry.
This bill is saying to lenders, “You can support nuclear energy. No matter what happens, you are not responsible. You will not be responsible if there is an accident or if a site becomes contaminated”.
By doing this, we are telling lenders to the nuclear industry, who refuse to invest in this energy because they think it is too risky and too dangerous, “No problem, you can invest with no problems; we guarantee that, from now on, you are not responsible”. So we are taking responsibility away from the private sector.
My hon. colleague from the Alliance claimed earlier that the private sector was currently being granted privileges because in comparison to the public sector, the government invested $6 billion in the atomic energy program alone. It is like saying that the private sector does not want to invest because the risks are too great and, therefore the government has to invest.
In my opinion, neither the private sector nor the government should invest in nuclear energy. It is a form of energy that should disappear. There should perhaps be investment in an area that aims at finding a way to get rid of nuclear energy, to eliminate it and replace it as soon as possible. It is especially important to find ways to dispose of nuclear waste and to treat it in such a way that this type of waste will not have to be dealt with for centuries to come, so that our children and grandchildren, and their grandchildren, will not be forced to solve this problem.
You will understand that we are completely opposed to the bill before us today. I would like to remind the hon. members that this bill was called Bill C-57 prior to prorogation of the House and that it is now called Bill C-4. Nonetheless, it is exactly the same bill and it conveys the exact same intention by the government.
The government's intention is simple, as I mentioned earlier. In fact, it is giving the green light to backers by saying, “Henceforth, you will no longer be responsible”. This is unacceptable to me.
The government has a very bad record in terms of investment in fossil fuels or nuclear energy. Why did it invest—
Jean-Yves Roy Matapédia—Matane, QC
Madam Speaker, I want to thank my colleague from Sherbrooke for his speech which I found very well documented and excellent, as well as my colleague from the New Democratic Party who just spoke.
The NDP member talked about wind energy and investments in nuclear energy. I will remind him of a few numbers. The nuclear program alone accounts for investments on the order of $6 billion.
As for wind energy, the federal government is only committed to investing $17 million a year over 15 years, for a total of approximately $260 million. There is no comparison between investments in nuclear energy and those in clean energies such as wind energy.
I would just like to read to the member what the former Minister of Natural Resources said when this bill was introduced for the first time. It was then Bill C-57. In a press release the minister said:
These companies must have access to commercial credit to finance their needs—
This amendment will allow the nuclear industry to attract market capital and equity.
The minister went on and mentioned lenders. Previously, there were obligations regarding site remediation and the act made it possible to involve lenders in remedial actions.
The news release also said:
Lenders were faced with unknown financial obligations that might have exceeded by far their commercial interest.
The minister himself is stating that investment in nuclear energy is an unknown risk. Not only is it an unknown risk, but we know full well that we cannot get rid of nuclear waste.
Could my colleague explain to me how the government, which itself recognizes that nuclear energy is an unknown risk, can grant such a privilege to lenders. The government is saying: “We will not loan money to the nuclear sector because it cannot be trusted. Should a disaster occur, the risk is way too high for us”.
When the minister responsible makes such a statement, how can the government commit to investing in nuclear energy and granting privileges to lenders?
