Bill C-474 (Historical)

Federal Sustainable Development Act

An Act to require the development and implementation of a Federal Sustainable Development Strategy and the development of goals and targets with respect to sustainable development in Canada, and to make consequential amendments to another Act

This enactment provides the legal framework for developing and implementing a Federal Sustainable Development Strategy that will make environmental decision-making more transparent and accountable to Parliament.
The enactment gives a committee of the Queen’s Privy Council for Canada responsibility for overseeing the development and implementation of the Federal Sustainable Development Strategy. It also provides for the creation of the Sustainable Development Office to develop and maintain systems and procedures to monitor progress on implementation of the Strategy and for the creation of the Sustainable Development Advisory Council to offer the Government of Canada advice on the Strategy.
It requires certain departments and agencies to develop and implement sustainable development strategies that contain objectives and action plans for each department and agency, that comply with the Federal Sustainable Development Strategy and that contribute to the attainment of the Strategy’s objectives.
It also amends the Auditor General Act to give the Commissioner the mission to monitor the progress that these departments and agencies make in implementing the Federal Sustainable Development Strategy and to assess the Sustainable Development Office’s report of the implementation of the Strategy. As well, it sets out the Commissioner’s powers and obligations.

Federal Sustainable Development Act

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Madam Speaker, I am very pleased to rise in the House to speak to Bill C-57, which amends the Federal Sustainability Act. This is a very important issue, which I will get to in a little bit.

I want to start by saying that it is unfortunate and disgusting that we are once again under a gag order as we debate issues that are so very important not only to us as a society, but also to the future of our planet. Once again, the government is limiting the amount of time we have for debate. It is preventing parliamentarians from debating and improving this bill, to ensure that we have a strong plan for sustainable development. the Liberals are once again breaking a clear promise they made during the election campaign. They are limiting debate times, imposing a gag order on members of Parliament, and not giving us enough time to have a serious debate. Today is Friday, and this is the fifth time this week alone that the Liberals have moved a time allocation motion. For those who are not familiar with the jargon, a time allocation motion means that the government is imposing a gag order a limiting the amount of time for debate.

I think that topics like sustainable development, the United Nations goals, and global warming should be taken seriously by the Liberal government. It should give us enough time to have a thorough, honest debate on this bill, so that we can address all of the details.

It is so important that I am personally convinced, and many of my colleagues here share my opinion, that the environmental issues, the protection of biodiversity, and the fight against climate change are truly the challenge of our generation.

Our children and grandchildren will judge us on our ability to deal with these challenges, our ability to ensure that we maintain a healthy environment, and our ability to prevent global temperatures from increasing by more than 2%, since that could have catastrophic consequences. I do not say that lightly. It has been scientifically proven that the earth's temperature is rising. It has also been proven that the actions of human societies, including our production and consumption activities, are mainly responsible for global warming. Our actions and our decisions are causing global warming and there are many consequences to that, including what is known as extreme weather. In some places, it is much hotter than it used to be, while in others it is much colder. On average, it is much hotter, and there has been an increase in the number and intensity of so-called natural disasters. That means there have been more floods, droughts, forest fires, and hurricanes, and those hurricanes are stronger and cause more damage. We have already seen this sort of thing in Canada. It has been documented and there are reports on the subject. Extreme weather and natural disasters are costing us more and more.

We often hear about cost, about putting a price on pollution and the cost of making greener, more environmentally responsible choices. However, I want to make it clear that there is also a cost to doing nothing and sitting on our hands while disasters break out all around us. This is not just a financial or economic issue, it is a human issue.

I would remind everyone here that former U.S. vice-president Al Gore won a Nobel Peace Prize for his environmental advocacy and actions. Why did the Nobel committee decide to award a Nobel Peace Peace to someone who works on environmental and sustainable development issues? There does not seem to be a link, but in fact, there is one. In addition to extreme weather, we are now going to start seeing climate migrants. Mr. Gore was awarded a Nobel Peace Prize because it is a well-known fact that drastically higher temperatures in certain regions, deforestation, and lack of access to water will cause population displacement around the globe and turn millions of people into climate migrants.

Environmental migration can lead to conflict, even armed conflict. That is why the folks at the Nobel committee decided to recognize Al Gore on his work a number of years ago and issued a statement saying that preventing global warming might get us just a bit closer to world peace.

Global warming also has an impact on our ecosystems here. One of our colleagues from northern Canada, the author of Bill C-262, noted that Quebec's far north now has species of birds and insects that it did not have before and that can trigger dangerous changes in the balance of certain ecosystems. Even in Rosemont—La Petite-Patrie, where there are not that many ecosystems, we were forced to cut down dozens of trees because of the ash borer, an insect that did not previously exist back home. Climate change has caused the ash borer to migrate north and now it is attacking the trees.

I was talking to a winemaker in the riding of Berthier—Maskinongé recently. He says climate change could affect wine production in Quebec because of a vine-destroying insect called phylloxera native to France and Europe. Phylloxera cannot survive our winters, but that could change as our winters warm and we get periods of milder weather. It may begin to attack our vines. Periods of milder weather have other significant impacts, too. For example, if there is a major thaw in January, the vines think spring has come and start to bud, then they freeze and die for the rest of the season.

I wanted to share those details with the House, but I will now turn to a situation happening a long way from home. This morning on Radio-Canada, I had a chance to listen to an interview with documentary filmmaker Matthieu Rytz, who directed a documentary called Anote's Ark. Anote is the leader of a small nation, a unique population living on Kiribati, an atoll in the middle of the Pacific.

Like many other Pacific atolls, their island is only about a metre above sea level, and sea level is already rising. If we do not meet our Paris Agreement targets and slow down global warming, the glaciers at the North and South poles will melt, causing the sea level to rise everywhere. For the people of Kiribati, it is almost too late already.

There are other countries where we hope to avert disasters. I am thinking in particular of Bangladesh, which is already below sea level, but which may have more resources to protect its coastline. The Netherlands and Holland already have an entire infrastructure for that, but the people of Kiribati do not. It is most unfortunate.

The documentary is called Anote's Ark because all these people plan on leaving. They are looking for somewhere else to live. They may move to Fiji, for example. They are already in negotiations to relocate to other countries. It is so tragic. Their entire way of life will disappear. It could also lead to complications and tension.

The climate migrants I mentioned earlier are a clear and typical example of the fact that this phenomenon will grow. If they are moved to another country, will a state be created within the host country, or will they simply be assimilated into the existing population? These are serious issues. What can we do to prevent this cultural diversity from disappearing? Biological diversity is important, but so is cultural diversity. We see the type of problems that this will cause.

Before I go into the specifics of the bill, I want to point out that the Liberal government promised to put an end to oil subsidies. After two and a half years in power, it has done absolutely nothing about this. On the contrary, I believe it has just handed out the largest oil subsidy in Canada's history by writing a $4.5-billion cheque to a U.S. company to purchase a 65-year-old pipeline that is leaking, by the way.

However, Canada pledged to participate in an accountability process adopted by the G7 and G20 to track each country's progress in reducing and gradually phasing out oil subsidies. We have received an invitation. We have already been invited to pair up with Argentina to examine each other's actions and decisions to see if we are serious and making progress. What is absolutely incomprehensible is quite simply that the Liberal government did not even respond to Argentina's invitation. Argentina is still waiting for Canada to say that it wants to partner up. As they say in Argentina, it takes two to tango, but Canada is refusing to get on the dance floor.

More specifically, we have a government that, once again, is saying one thing but doing the opposite. The oil subsidies are a blatant example. It is sad. I would like to quote a report from the environment commissioner that clearly states that this government is not going in the right direction and that it will likely fall well short of meeting the weak targets it has set, where it even set any, that is. That is another problem. It is unfortunate that, despite the Liberals' campaign promises, they set exactly the same greenhouse gas reduction targets as the previous government and kept the very same game plan, and yet it seems Canada will not even meet those targets.

I would like to quote the environment commissioner's report directly. It reads:

On the basis of current federal [and] provincial...policies and actions, Canada is not expected to meet its 2020 target for reducing greenhouse gas emissions. Meeting Canada’s 2030 target will require substantial effort and actions beyond those currently planned or in place.

It seems pretty clear to me that we are going to miss the boat. We are going to miss the boat on what is probably the greatest challenge of this Parliament, this government, at a time when it should be leading the way and making tough decisions. It is not only the Commissioner of the Environment and Sustainable Development who is saying so. The United Nations and the OECD share the same concerns and have said that Canada will not reach its targets for 2020 or 2030. There is nothing to be proud of or to brag about here. Giving great speeches in Germany, in New York, and at the UN is all well and good, but if the government is not willing to walk the talk, there is no point. It is nothing but hot air, nothing but words, as Dalida would have said.

As for the Federal Sustainable Development Act specifically and the fact that Canada has officially committed to achieving the United Nations' 17 sustainable development goals, once again, a report released in April by the Commissioner on Environment and Sustainable Development sounded the alarm that we are not on track to achieve them. One of the federal government's major commitments to the UN is likely to remain mere empty rhetoric if Ottawa does not take meaningful action to honour those commitments.

At a news conference in April, Julie Gelfand said that it is always worrisome when a government says that it will do something and does not do it. In one of her three annual reports, she noted that Canada is not on track to meet the 17 sustainable development goals it has promised to implement on two separate occasions since 2015. The Prime Minister himself reiterated this promise when he appeared before the UN General Assembly in September 2017.

However, five departments responsible for implementing these goals by 2030 still have no targets and no system for monitoring progress. This is absolutely ridiculous. Ms. Gelfand also noted that there is no framework for coordinating these efforts at Indigenous and Northern Affairs Canada, Global Affairs Canada, Status of Women Canada, Employment and Social Development Canada, and Environment and Climate Change Canada. It is unreal.

We are not on track to meet the goals and will not fulfill our international commitments, and the departments are so inept that they cannot establish targets or tracking systems themselves. Furthermore, one of these departments is the Department of the Environment. What a terrible message. What a joke. This is why the government's credibility on the environment leaves a lot to be desired, in spite of all their fine words.

Bill C-57 makes a few small changes, but it is still not enough. We are missing the boat. I will come back to this if I have any time left, but this bill is basically a copy of Bill C-474, which was introduced by Liberal Party member John Godfrey and passed in 2008. The overall framework of the bill before us is extremely weak. What I am about to say may seem a bit technical, but rather than give the government an incentive to achieve a series of sustainable development targets based on certain principles, Bill C-57 merely sets out a legal framework for developing a strategy.

That means that, once again, a framework will be created, consultations will be held, and everyone will talk about big ideas for this strategy. In the meantime, however, the concept of setting targets and figuring out how to meet them has fallen by the wayside even though those steps are key if we want to take this seriously and make things happen. Instead, they are building castles in the air, ignoring the targets, and pretending what they are doing will be good enough. We think this is a missed opportunity that could have been used to achieve so much more.

Initially, the bill introduced and passed in 2008 proposed establishing an independent commissioner position to act as an environmental auditor general, which we currently do not have. There is no one who is entirely independent to oversee, as an auditor general does, what the government is doing on the environment. Regrettably, instead of creating that position, the bill aims simply to create a sustainable development office at Environment and Climate Change Canada, but without any real plan. Thus, the person responsible for monitoring progress on achieving the objectives will be part of the same organization that should already be tracking it anyway. I would not put a fox in charge of the henhouse. This is laughable.

Basically, we see a few steps in the right direction, but we think it is unfortunate that the Liberals did not act on all the recommendations of the Standing Committee on Environment and Sustainable Development, despite what the minister said earlier today.

[Mark Warawa, Conservative, Langley—Aldergrove, BC]

Madam Speaker, it is an honour to speak to Bill C-57.

I want to begin by addressing some comments made recently by a Liberal colleague about climate change. Statements that the previous government did not consider climate change a serious problem are absolutely false. The fact is that the targets we set to reduce greenhouse gas emissions are the targets that the Liberals are using. The position of the previous government was that every country has to be part of the solution. That is what science tells us. If it is just Canada and a few select countries that are doing their fair share, we cannot address the issue of growing greenhouse gas emissions. The targets that the previous government set are the targets that are being used by the Liberal government.

In speaking to Bill C-57, my concern is not about the bill and the text of the bill. It is whether the government will act on the bill, and whether change is necessary.

Bill C-57 came about exactly 10 years ago. I was parliamentary secretary to the minister of the environment. The minister was John Baird. The Liberal member who was retiring and leaving this place was John Godfrey. As the parliamentary secretary in that structure, I was tasked with meeting with John. We talked. There was work with the David Suzuki Foundation and others. What was proposed was considered, and there was give-and-take. We ended up with a bill, Bill C-474, and the government, under the minister of the environment, John Baird, supported that. We ended up with a good piece of legislation that everyone could support, and we moved it forward as a Parliament in 2008.

That gives us a glimpse into what happened under a previous Conservative government. In the committee structures, how did things work back then? There was work between the government in power and the opposition members. Unfortunately, we do not see that in the current government. It is sad. That is one of the reasons why there is a lack of trust. The government says that it will work with the opposition, but that is not what happens.

In the committee, members are not even permitted to ask questions. It was last week that the ministers came to answer questions about how they were going to spend the $7 billion of discretionary funds in the main estimates. The ministers came and made their speeches, and then down came the gavel to end the meeting so that the opposition members could not ask any questions. It was so undemocratic and so shocking.

That is how the Liberal government runs the House. In one day, it brought closure three times, and in the committees it does not permit the opposition members to do their work, representing Canadians and keeping the government accountable. The government refuses to let that happen in committees. It is very sad.

That did not happen in 2008, when we worked with a Liberal member, John Godfrey, and permitted him to introduce his bill. There was give-and-take, and we came up with what we could both agree on. The David Suzuki Foundation was part of that consultation.

We ended up with a good bill, the Sustainable Development Act. There are three parts to it. What we said, and what the current government is saying, is that we can have a healthy environment and we can have a healthy economy. We can do it, but there has to be social buy-in. Canadians have to buy in. The key to that is having all three. There has to be trust. Unfortunately, what is missing in Bill C-57 is trust.

There is a third body. There is the Commissioner of the Environment, who will do an assessment of what is happening. Is the government doing what it needs to? The Commissioner of the Environment gives us a report card. How is Parliament doing? How is the government doing?

As was noted previously, the spring 2018 audit by the commissioner stated:

...we found that the federal government is not ready to implement its commitments on sustainable development....

First, the federal government does not regularly balance the three pillars of sustainable development.

That is one of the reasons why it is failing. It then states:

Second, there is a lack of leadership for many sustainable development activities.

With respect to the lack of leadership, where is that source? What is the commissioner talking about? It is the government. It is the Prime Minister. It is the minister. There is no leadership. If the problem with the lack of sustainable development is that lens, why is it not happening? The commissioner is saying it is because of a lack of leadership. The government is not using the tools it has. That is the third reason he cites as follows:

the federal government has not implemented the tools it already has to assess the impacts of policy decisions on sustainable development.

The minister and the Prime Minister need to do their job. The government needs to work with members of the opposition and all parties. There needs to be respect and trust. Then what we already have in place would be working.

Under Liberal governments, we have seen a legacy of disrespect for Parliament and not getting it done. I am looking at reports by the Commissioner of the Environment done year after year. I do not have the time to go through all of them.

The 2002 report stated, “The Liberal government's sustainable development deficiency continues to grow.”

The 2003 report noted, “There is a gap between what the Liberal government said it would do and what it is actually doing. Good intentions and great announcements are not enough.”

The 2004 report asked, “Why is progress so slow after all the mandates and commitments were there? I am left to conclude that the reason is that there is a lack of leadership, a lack of priority and a lack of will.” It sounds like what was announced just weeks ago.

The 2005 report stated, “When it comes to protecting the environment bold announcements are made and then forgotten as soon as the confetti hits the ground.”

We have a problem. Because of lack of leadership, we are missing a sustainable development lens that includes a healthy environment; a strong, growing economy; and social buy-in. That is what the Commissioner of the Environment is saying. Can members imagine for a moment what the economy, the environment, and the social buy-in for a healthy economy and environment would look like if we had a Conservative government or a minister of the environment like the member for Abbotsford? I can only imagine how good it would be.

We became government in 2006. In 2011, we had efficiencies, appliances, and vehicles in place that helped reduced greenhouse gas emissions. The fact is it was in 2008, 2009, and 2010 that emissions were going down because of efficiencies resulting from policies brought in by the previous Conservative government. I can only imagine that emissions would continue to go down when we get a change of government, when we get a Conservative government that respects Canadians, that works with Canadians, and uses common sense to create a growing environment and a growing economy. It is achievable and it will happen from 2019 onwards. I am excited because I know that with a Conservative government, we are going to get it done.

Report Stage

[Celina Caesar-Chavannes, Liberal, Parliamentary Secretary to the Minister of International Development]

Mr. Speaker, I am pleased to have an opportunity to address my hon. colleagues here in the House today. I would like to speak about the principles of sustainable development and Bill C-57 and how those will help advance the government's commitment to a clean environment and a strong economy.

Let me start with a bit of history. In 1993, the General Assembly of the United Nations established the World Commission on Environment and Development, which was chaired by then Norwegian prime minister Gro Harlem Brundtland. In 1987, the commission published Our Common Future, known as the Brundtland report. The report put sustainable development on the global agenda. It also coined and defined its meaning, as follows:

Humanity has the ability to make development sustainable to ensure that it meets the needs of the present without compromising the ability of future generations to meet their own needs.

That is often referred to as the standard definition of “sustainable development”, and indeed, that is how sustainable development is defined in our current Federal Sustainable Development Act.

The Brundtland report paved the way for an unprecedented 1992 United Nations conference in Rio de Janeiro, better known as the Earth Summit. I want to make a special point of noting that it was the late Maurice Strong, a distinguished Canadian, who led the organization of that event.

The Earth Summit brought together more countries and heads of state than any previous event. It established enduring and lasting mechanisms for international co-operation, following through on Gro Harlem Brundtland's vision of a sustainable future.

Among these important agreements were the United Nations Framework Convention on Climate Change, the UN Convention on Biological Diversity, and the development of the Commission on Sustainable Development. Canada was there. We supported the 1992 Rio declaration, and we have championed sustainable development since that time.

In 1995, following Rio, Canada became one of the first countries in the world to create a commissioner for sustainable development. Since 1997, government departments have been required to produce sustainable development strategies, in compliance with the 1995 amendments to the Auditor General Act.

In 2008, under the leadership of the Hon. John Godfrey, his private member's bill, Bill C-474, passed and became law as the Federal Sustainable Development Act. The act provides a legal framework for developing and implementing a federal sustainable development strategy every three years. It also requires 26 departments and agencies to prepare their own sustainable development strategies that comply with and contribute to the federal strategy.

Let us move forward to 2015, which was a watershed year for sustainable development globally. In September, Canada was among 193 countries to adopt the 2030 agenda for sustainable development. The 2030 agenda set out a global framework of action for people, the planet, prosperity, peace, and partnership, with the ultimate goal of eradicating poverty and ensuring that no one is left behind. The 17 sustainable development goals and their 169 associated targets built on the previous millennium development goals. They were universally applicable and fully integrated social, economic, and environmental dimensions of sustainable development. Just a few months later, in December of 2015, Canada was among the parties to the United Nations Framework Convention on Climate Change, which adopted the historic Paris agreement.

The Federal Sustainable Development Act is part of a legacy that began with the Brundtland report and the Earth Summit and that is still relevant today as we advance the government's commitment to a clean environment and a strong economy. It provides the framework to develop and implement the federal sustainable development strategy, a guide to the Government of Canada's environmental sustainability priorities.

The most recent strategy for the period from 2016 to 2019 was tabled in the House on October 6, 2016. It sets out 13 long-term aspirational goals. In response to a recommendation of the standing committee, the strategy's goals are Canada's reflection of the United Nations' sustainable development goals, with a focus on the environmental dimensions.

We are continuing to move forward to improve what we are already doing. Bill C-57, an act to amend the Federal Sustainable Development Act, seeks to strengthen our commitment to sustainable development, further building on the Brundtland Report and Rio as well as on the 2030 agenda for sustainable development goals and the Paris agreement.

As in the past, principles have been the foundation of all our sustainable development commitments, and today I would like to take a few minutes to tell my colleagues about the principles we are proposing in Bill C-57, principles our government believes will strengthen the Federal Sustainable Development Act. I also want to acknowledge the important work of our colleagues on the Standing Committee on Environment and Sustainable Development, who, in their June 2016 report on the Federal Sustainable Development Act, highlighted the importance of modernizing our sustainable development principles.

Bill C-57 proposes to include the principles of intergenerational equity, polluter pays, internalization of costs, openness and transparency, involving indigenous people, collaboration, and results and delivery.

The principle of intergenerational equity is the essence of sustainable development. It is the recognition that the decisions we make are not just about today and about us but about the future and those who will be here after us.

The principles of polluter pays and the internalization of costs reflect our understanding that we need to move beyond conventional ways of thinking. To be sustainable, economic growth must take into account the damages imposed on the environment. Polluter pays means that those who generate pollution must bear the cost. Internalization of costs means that goods and services should reflect all costs they generate for society, from their design to consumption to final disposal.

The principles of openness and transparency are intertwined with the purpose of the Federal Sustainable Development Act to make decision-making related to sustainable development more transparent and subject to accountability to Parliament.

From the very first day we took office, our government has been committed to a renewed relationship with indigenous people based on the recognition of rights, respect, co-operation, and partnership. We are working to correct the injustices that have persisted and have contributed to an unacceptable socio-economic gap. That is why we are involving indigenous people. We want to underscore that this commitment is supported by important provisions in the proposed act to increase the number of indigenous representatives on the Sustainable Development Advisory Council to better reflect the breadth of indigenous groups represented and the challenges they face here in Canada.

The principle of collaboration emphasizes the role parties must play to achieve sustainable development. We need to work together.

Last, the principle of results and delivery is about making sure that we get there. We need to ensure that we have the right objectives and strategies to meet all the goals, but we also need good indicators to measure progress and make sure that we report on the progress in a way people can understand and be proud of.

The principles set out in Bill C-57 reaffirm that we are up to the challenge before us. We are ready to seize the opportunities before us and to be bold. Sustainable development means growing a diversified, low-carbon economy while reducing emissions and generating good-quality jobs for Canadians.

Federal Sustainable Development Act

[Lloyd Longfield, Liberal, Guelph, ON]

Mr. Speaker, I am pleased today to have an opportunity to address my hon. colleagues in support of this new legislation.

I would like to speak to the principles of sustainable development in Bill C-57 and how these would help to advance the government's commitment to a clean environment and a strong economy.

Guelph has a long history of enacting sustainable development policies. Personally, I worked for five years on the mayor's task force for sustainability and have since focused my goals in the House around the triple bottom-line approach in balancing economic, environmental, and social development. Guelph is a living monument to our government's mantra that we cannot separate success in the environment and success in the economy. They are, in fact, one and the same. Guelph is known for its economic success, including low unemployment and a rapid growth in our economy. In fact, Guelph is one of the fastest-growing economies in Canada, but it is also one of the most environmentally conscious. We have the highest rates of waste diversion from landfills, at 68%. We have the lowest water consumption per capita, with a goal of reaching Norway's level. As we grow our population by 50%, we are looking to reduce our electrical consumption by the same amount so that we do not require more power for the 50% more people coming in.

Another key objective of Bill C-57 is poverty reduction. Guelph is actively working to eliminate poverty, with a focus on homelessness and mental health. Currently, the Guelph and Wellington task force for poverty elimination is a shining example of our community's dedication to eliminate poverty in our community. Its three-year strategic plan, from 2014 to 2017, addresses issues like food and income security, housing, and dental health. These social objectives are essential to sustainable development, as was acknowledged by the UN in the early 1980s. It all connects.

Let me continue with some global history. In 1983, the United Nations General Assembly established the World Commission on Environment and Development. It was chaired by Norwegian Prime Minister Brundtland, and in 1987 the Brundtland commission published its report, “Our Common Future”, known as the Brundtland report. That report put sustainable development squarely on the global agenda. In its own words, “Humanity has the ability to make development sustainable to ensure that it meets the needs of the present without compromising the ability of future generations to meet their own needs.” That is often referred to as the standard definition of sustainable development. Indeed, that is how sustainable development is defined in our current Federal Sustainable Development Act.

The Brundtland report paved the way for an unprecedented 1992 United Nations conference in Rio de Janeiro, better known as The Earth Summit. I want to make a special point of noting that it was a very great, distinguished Canada who helped to organize that event, the late Maurice Strong. The Earth Summit brought together more countries and heads of state than any previous event. It also established enduring and lasting mechanisms for international co-operation, following through on Gro Harlem Brundtland's vision of a sustainable future. Among these important agreements were the UN Framework Convention on Climate Change, the Convention on Biodiversity, and the development of the Commission on Sustainable Development. Canada was there. We supported the 1992 Rio Declaration on Environment and Development.

We have championed sustainable development since then. Following the Rio summit, in 1995, Canada became one of the first countries in the world to create a commissioner for sustainable development. Since 1997, government departments have been required to produce sustainable development strategies in compliance with the 1995 amendments to the Auditor General Act. In 2008, under the leadership of the Hon. John Godfrey, his private member's bill, Bill C-474, passed and became law as the Federal Sustainable Development Act.

The act provides the legal framework for developing and implementing a federal sustainable development strategy every three years. It also requires 26 departments and agencies to prepare their own sustainable development strategies that comply and contribute to the overall federal strategy.

The year 2015 was a watershed year. In September, Canada was among 193 countries to adopt the 2030 agenda for sustainable development. The 2030 agenda sets out a global framework of action over the next decade and a half for people, planet, prosperity, peace, and partnership; to eradicate poverty; and to leave no one behind. The 17 sustainable development goals and 169 associated targets build on the previous millennium development goals. They are universally applicable and fully integrate the social, economic, and environmental dimensions of sustainable development.

In December 2015, Canada was among the parties to the United Nations Framework Convention on Climate Change, which adopted the historic Paris Agreement.

The Federal Sustainable Development Act is part of the legacy that began with the Brundtland report and earth summit and is still relevant today as we advance the government's commitment to a clean environment and a strong economy. It provides the framework to develop and implement the federal sustainable development strategy, the complete guide to the Government of Canada's environmental sustainability priorities.

The most recent strategy, for the period 2016-19, was tabled in the House on October 6, 2016. It sets out 13 long-term, aspirational goals. In response to a recommendation of the standing committee, the strategy's goals are a Canadian reflection of the United Nations' sustainable development goals, with a focus on their environmental dimensions.

Today I would like to take a few minutes to tell my colleagues about the principles we are proposing in Bill C-57, principles this government believes will strengthen the Federal Sustainable Development Act. I also want to acknowledge the important work of our colleagues on the Standing Committee on Environment and Sustainable Development, who, in their June 2016 report, highlighted the importance of modernizing our sustainable development principles.

Bill C-57 proposes to include the following principles: intergenerational equity, polluter pays, internalization of costs, openness and transparency, involving indigenous peoples' collaboration, and results and delivery.

The principle of intergenerational equity is the essence of sustainable development. It is the recognition that the decisions we make are not just about today and about us but also about the future and those who will be here after us. The Brundtland report set out the following principle on intergenerational equity: “States shall conserve and use the environment and natural resources for the benefit of present and future generations.”

It was also recommended in the standing committee's June 2016 report that the principle of polluter pays be adopted, that we look at a new way of thinking, and that sustainable economic growth take into account the damages imposed on the environment.

Polluter pays means that those who generate pollution should bear the cost of having created pollution. Internalization of costs means that goods and services should reflect all the costs they generate for society, from their design to their consumption to their final disposal. The principles of openness and transparency are also intertwined with the purpose of the Federal Sustainable Development Act, ensuring that decision-making related to sustainable development is more transparent and is subject to accountability to Parliament.

That is why Bill C-57 proposes a principle on involving all peoples and being transparent to all peoples. I also note that the government's commitment is supported by provisions in the act to ensure and expand aboriginal representation on the Sustainable Development Advisory Council.

Finally, the principles we set out in Bill C-57 reaffirm that we are up to the challenge. Canada, like Guelph, is ready to seize the opportunities before us and to be bold. Sustainable development means growing a diversified, low-carbon economy while reducing emissions, generating good jobs for Canadians, and having a society we can all be proud of.

Private Members' Business

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, I rise on a point of order. I would ask for your patience in that I hope to get through two issues dealing with points of order raised earlier.

First, I am rising on a point of order respecting four bills on the order of precedence that require a royal recommendation. These bills include Bill C-315, respecting the conservation of national historic sites account; Bill C-343 , an act to establish the office of the federal ombudsman for victims of criminal acts; Bill S-205, to appoint an inspector general of the Canada Border Service Agency; and Bill S-229, an act respecting underground infrastructure safety.

Without commenting on the merits of these bills, I submit that these bills contain provisions that infringe upon the financial prerogative of the crown.

Members will note that section 53 of the Constitution states that:

Bills for appropriating any Part of the Public Revenue...shall originate in the House of Commons.

Section 54 of the Constitution requires that bills that appropriate any part of the public revenue must be recommended to the House by the Governor General.

Standing Order 79(1) states that:

This House shall not adopt or pass any vote, resolution, address or bill for the appropriation of any part of the public revenue, or of any tax or impost, to any purpose that has not been first recommended to the House by a message from the Governor General in the session in which such vote, resolution, address or bill is proposed.

I submit that all four bills stand in contravention to the Constitution and, more important for you, Mr. Speaker, to Standing Order 79(1).

Additionally, I would cite page 769 of the second edition of House of Commons Procedure and Practice, which states, “An amendment intended to alter the coming into force clause of a bill, making it conditional, is out of order...”.

Bourninot, fourth edition, page 407, refers to the financial initiative of the crown as a constitutional obligation and states that “No principle is better understood than the constitutional obligation that rests upon the executive government, of alone initiating financial measures...”.

Erskine May, 21st edition, page 691, defines the financial initiative of the crown as the “long established and strictly observed rule of procedures, which expresses a principle of the highest constitutional importance, that no public charge can be incurred except on the initiative of the Crown...”.

The procedural authorities are clear. Bills that seek to appropriate monies for a new and distinct purpose must originate in the House and must be recommended to the House by the Governor General through a minister of the crown.

I therefore submit that the two aforementioned Senate public bills should be ruled out of order and the two private member's business bills should not be put to a vote at third reading absent a royal recommendation.

Both Senate public bills in question, as well as Bill C-343, contain a provision that prohibits the coming into force of the bill unless the appropriation of monies for the purposes of the act has been recommended by the Governor General and such monies have been appropriated by Parliament.

By including such a provision, it is an explicit acknowledgement that the bills require a royal recommendation.

Let me quickly review the provisions in each of these bills that would result in a new and distinct spending request.

Bill S-205 provides for the appointment of an inspector general of the Canada Border Services Agency.

Subclause 15.12(3) provides for the salary and expenses for the inspector general. Subclauses 15.12(4) and (5) provide for the pension benefits and other benefits under the Government Employees Compensation Act and regulations. These proposals are not authorized by any statute or appropriation.

Clause 17 of Bill S-229, an act respecting underground infrastructure safety, authorizes the minister to enter into agreements, including funding agreements, that the minister considers necessary for carrying out the purposes of the act. Subclause 17(2) provides greater detail around the operation of such funding agreements between the federal government and the provincial governments. These specific purposes are not authorized by any statute or appropriation.

Bill C-343, An Act to establish the Office of the Federal Ombudsman for Victims of Criminal Acts and to amend certain Acts, would provide for an appointment of a federal ombudsman for victims of criminal acts. The bill would also provide for remuneration, the payment of expenses related to duties and functions, and the hiring and remuneration of staff to assist the ombudsman in the discharge of his or her duties. These purposes are not authorized by any statute or appropriation.

Precedents clearly state that the establishment of a new body requires a royal recommendation. For example, the Speaker ruled on July 11, 1988, on the report stage amendments for Bill C-93, an act for the preservation and enhancement of multiculturalism in Canada, that two report stage motions were inadmissible because they would have established a new government department, which in turn would have resulted in significant new spending.

Precedents also show that a royal recommendation is required for the establishment of a new office. The Speaker ruled on February 11, 2008, on Bill C-474, respecting the Federal Sustainable Development Act, that:

Clause 7 of the bill provides for the governor in council to appoint 25 representatives to the advisory council. Section 23 of the Interpretation Act makes it clear that the power to appoint includes the power to pay. As the provision in Bill C-474 is such that the governor in council could choose to pay a salary to these representatives, this involves an appropriation of a part of the public revenue and should be accompanied by a royal recommendation.

With respect to the use of a provision in the bill to elude the requirement for a royal recommendation, the Speaker has ruled that this approach is unacceptable. On November 9, 1978, the Speaker ruled on Bill C-204, which included a clause stating:

Nothing in this act shall be construed as requiring an appropriation of any part of the public revenue.

The Speaker ruled that:

...the House should be cautioned that the Chair could not interpret the incorporation of such a clause in a private member's public bill as an acceptable way of eluding the requirement for a royal recommendation where such a recommendation is required.

I submit that the approach of eluding the requirement for a royal recommendation by tying it to a coming-into-force clause is a clear attempt to accomplish something indirectly that cannot be accomplished directly.

With respect to Bill C-315, respecting the conservation of national historic sites account, I submit that the bill's proposal to create a conservation of national historic sites account requires a royal recommendation.

Proposed subsection 22.1(4) would authorize that payments may be made out of the account. The creation of an account within the consolidated revenue fund requires a royal recommendation. The royal recommendation for such a fund would cover the purposes of the fund and the authority to make credits to the account as well as the authority to make payments out of the account.

The member may be attempting to assert that the fund would be separate from the consolidated revenue fund, but precedents demonstrate that all separate accounts are only notionally separate and are in fact part of the consolidated revenue fund. For example, the employment insurance operating account was established in accounts of Canada by the act. All amounts received under the act are deposited in the consolidated revenue fund and credited to the account. The benefits and the costs of administration of the act are paid out of the consolidated revenue fund and charged to the account.

On June 13, 2005, the Speaker ruled on Bill C-280, An Act to amend the Employment Insurance Act (Employment Insurance Account and premium rate setting) and another Act in consequence. He said:

I have carefully reviewed the submissions to determine whether Bill C-280 in clause 2 does anything more than rearrange the method of accounting for public funds.... On close examination, it seems to the Chair that clause 2 in Bill C-280 involves more than accounting methodology.

...Bill C-280 effects an appropriation by spending or authorizing the spending of public funds by transfer of the funds from the Consolidated Revenue Fund to a separate EI Fund with the result that these monies are no longer available for other appropriations Parliament may make.

What Bill C-315 contemplates is the creation of a fund within the accounts of Canada for the purposes of spending to maintain national historic sites. The creation of such a fund and the authority to spend to preserve such historic sites would be a new and distinct purpose that is not specifically authorized in any statute or appropriation. Therefore, without a royal recommendation attached to the bill, it should not be put to a vote at third reading.

The procedural authorities and the precedents are clear that bills that seek to appropriate monies for a new and distinct purpose must originate in the House and must be recommended to the House by the Governor General through a minister of the crown.

[Julie Gelfand]

The original bill was Bill C-474. I have a copy, and I could just leave it with you if you wish. I haven't marked it up already. The committee could look at that, and compare it to the final act, so that they can see the differences in terms of content, and then Mr. Godfrey and Mr. McDougall could probably talk about some of the process issues.

[John Godfrey]

In short, it was more luck than good management or brilliant planning, but then luck is what you make of it. Because I had a private member's bill coming up, in 2007 I was approached by the David Suzuki Foundation and asked if I would sponsor a draft bill they had prepared to create, as it was at the time, a national sustainable development strategy for Canada. I agreed and this long, detailed, and ambitious bill became the template for what eventually emerged as Bill C-474.

My first collaboration was working very closely with the David Suzuki Foundation and its talented representative in Ottawa, Pierre Sadik, to make sure that the extensive amendments and compromises that inevitably emerged in committee were still acceptable to the original sponsors.

The second important collaboration was with the then minister of the environment, John Baird, and his office. This was not an easy time in Parliament, as Nathan Cullen will recall, or in the standing committees of the House of Commons. But by being transparent and co-operative, by appealing to the Conservatives own stated ambition for greater accountability, by avoiding partisanship and political stunts, and by building trust, we eventually arrived at a bill that the government accepted and embraced when it came into force.

The third collaboration was with the other opposition parties on the committee, the NDP and the Bloc Québécois. We listened carefully to suggestions from them and, where possible, incorporated their ideas into the bill. For example, the Bloc objected very strongly to the word “national” in national sustainable development strategy—as you might have guessed—so we changed it to “federal” sustainable development strategy to remove any suggestion that we were dictating to provinces.

The fourth major collaboration was with the office of the commissioner of the environment and sustainable development to make sure that in designing the bill, we were creating an appropriate and functional role for the commissioner. Here I would like to pay tribute to the interim commissioner of the day, the late Ron Thompson, a great civil servant of integrity and strength who played a pivotal role in advancing the bill.

Finally, I must emphasize the importance of close and respectful collaboration with the Senate, the crucial role of which in passing effective legislation is too often misunderstood and neglected by standing committees of the House.

Honourable members, I tell you all this in the hope that the same spirit of respect, consultation, and co-operation may guide your future work. Whether it is in committee of the whole or in the cause of advancing your own private member's bill one day, it is a far more productive way of getting good and useful things done in Parliament.

As for the act itself, it has produced a living document, the federal sustainable development strategy, the third iteration of which, for the period 2016-19, is now before you. When I read the 2015 progress report on the last version of the strategy and then the new proposed strategy, planning for a sustainable future 2016-19, I believe you have the opportunity to strengthen the strategy through your thoughtful consideration and comments, particularly in the area of climate change.

I currently serve as full-time special adviser for climate change to the Government of Ontario. My comments today do not represent the official views of Ontario; rather, they are my own observations based on my recent experience.

The big challenge for governments, national, provincial, and municipal, is that the three major elements of climate change policy, mitigation, adaptation, and economic opportunity, are each whole-of-government or boundary-spanning problems for which current government structures are ill-designed. Merely adding the words “climate change” to an existing line ministry, such as Environment, will not solve any of the three elements of climate change, each of which has its own set of relevant government departments and its own unique challenges.

Instead, I would invite the committee, and indeed the federal government itself, to use the opportunity offered by the review of this new, third version of the federal sustainable development strategy to reflect on how better to deal with the whole-of-government problem. For example, might it ultimately make more sense to house the sustainable development office, currently at Environment and Climate Change, in a central agency, such as the Privy Council Office, the Department of Finance, or the Treasury Board?

Indeed, the committee might wish to reflect on the two-dimensional nature of this challenge. Not only must there be greater horizontal action for climate change across ministries, agencies, and departments at the federal, provincial, and municipal levels, but there also must be greater vertical co-operation and coordination among the three orders of governments themselves.

The challenge of responding to climate change is so great and so urgent that Canada must mobilize all of its governments for the fight, as it did during the Second World War. Using the review of the new federal sustainable development strategy for the committee to focus on this whole-of-government or, more aptly, whole-of-governments challenge would, in my view, be an appropriate and timely response to the crisis.

Thank you.

An Act to amend the Federal Sustainable Development Act (duty to examine)

[Francine Raynault, NDP, Joliette, QC]

Mr. Speaker, Canada has had a deplorable environmental record for quite some time. When compared to other OECD countries, Canada is ranked second last. It is very urgent that we adopt a set of measures to help us do better. That is primarily what Bill C-481 would do if it were passed.

The situation is urgent and although some would prefer to ignore the scientific evidence behind global warming, it is a factor that could adversely affect our economy, our health and the future of our children.

Since 1948, the average temperature in Canada has increased by 1.3°C and much more quickly than in other parts of the world. To get a sense of what that means for the economy, the National Round Table on the Environment and the Economy estimates that this will cost $5 billion by 2020 and between $41 and $43 billion by 2050.

Of course, a number of us will not be around in 2050 to see the impact for ourselves. That is precisely why sustainable development is important. I will say it again: sustainable. With all the scientific tools available, not only is it irresponsible to take no action to counter global warming, but it is also unfair because it deprives our future citizens of a world that we enjoyed.

That may be difficult for some to understand, but we have an urgent duty to attack a problem that will go down in history as one of the greatest challenges of our time. One day, our children and grandchildren will ask themselves, what did we do?

First, we must recognize that the House passed Bill C-474, Federal Sustainable Development Act unanimously in 2008. Thus, we can say that everyone agrees that something must be done. As for exactly what to do and how far to go, not everyone agrees on how to handle the challenge of climate change.

Bill C-474 did not stop the Conservative government from getting rid of dozens of climate research scientist positions, from getting rid of the Canadian census form, or from subsidizing a polluting industry at enormous cost to the taxpayers. As the saying goes, you have to walk the talk. When the House says it is going to do something, it would be good if the general public could actually see something happen.

Unfortunately, at this point, this is not the case. The Commissioner of the Environment and Sustainable Development, a position created by virtue of Bill C-474, states that Canada is not doing what it should to establish real sustainable development practices. It was to respond to this problem that my colleague from Brome—Missisquoi introduced C-481, which in fact does nothing more than give real power to Bill C-474. If Bill C-474 is the talk, Bill C-481 is the walk. It only remains to be seen whether this government will dare to put on its shoes.

There is nothing magical about Bill C-481. In fact, it is really only logical. It would make it possible for the justice minister to draw the attention of the House to any inconsistency between bills that have been passed and the Federal Sustainable Development Act. This way we would have a tool for measuring our commitment to sustainable development, so that we might take tangible steps toward making Canada greener, fairer and more prosperous.

In my view, the principal argument in favour of the bill currently under consideration is the fact that the justice minister already verifies all the bills. Making it possible for him to report any potential inconsistencies with the Federal Sustainable Development Act will not require any additional resources and will make it possible for the bill to be something more than just window dressing.

It must be said that sustainable development covers a great deal. It can be used for almost everything, without much regard for its real meaning. However, if we thought about this a little more, we would see that it is a vision of development that is likely to encourage green, job-creating industries, as well as increased citizen participation in public affairs.

The three pillars of this theory are as follows: a vision of economic justice, a balanced social perspective and, of course, the conservation of nature for future generations. By applying this reasoning to all our legislation, we could make a promise to our children that they too will be able to enjoy a world where there is room for everyone and where there are the resources they need to live.

In the current circumstances, I think it is urgent to improve the Federal Sustainable Development Act, because we believe that it does not have any real teeth. For instance, how is the government meeting its commitments when it gives money to the oil industry, which is already rich? How is this good for the environment? Has any consideration being given to the fact that development of the oil sands artificially inflated the value of the dollar and resulted in the loss of tens of thousands of jobs in the manufacturing sector? Have the communities that live near oil sands developments even been consulted?

Unfortunately, all too often the answer to these many questions is no. The omnibus bills introduced recently by the Conservative government have proven that the government does not listen to anyone and that it is not even living up to its own commitments.

Many measures included in these bills would fail miserably if they were put to the test of the Federal Sustainable Development Act. For instance, people can no longer oppose the installation of a pipeline for environmental reasons unless the pipeline goes directly through their property.

The government is ignoring the concept of the common good and trampling on our communities' ability to mobilize by allowing the democratic process of a vote only once every four years. Just because the government won a majority with 38% of the vote does not make this a democratic country; quite the contrary. Claiming so much power with so little support is appalling enough, but preventing communities from having their say when it really counts is completely unjustifiable from a democratic standpoint.

Since many of the Conservative government's decrees are bad for the economy, the environment and the survival of Canadian democracy, I strongly urge the House to give this country a regulatory tool, a safeguard, that will bring us closer to our goal of sustainable development.

Accordingly, I fully support Bill C-481, which will help Canada to better meet its own commitments and allow us to give our children a society in which they will want to live, thrive and participate actively.

Let us give ourselves the means to be responsible, and we will finally be able to say that we did what was needed to ensure the sustainability of our communities. At the risk of repeating myself, any attempt to limit enforcement powers regarding the environment makes anything that could be said on the matter sound superficial.

We have a serious responsibility to the future. I would like to be able to tell myself that we are doing everything we can to ensure that Canada moves in the direction of sustainable development, which will provide new opportunities that are worthy of a developed economy in the 21st century.

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

moved that Bill C-481, An Act to amend the Federal Sustainable Development Act (duty to examine), be read the second time and referred to a committee.

Mr. Speaker, I am honoured to present Bill C-481. Years ago, I joined an increasing number of Canadians who have become aware of the urgent need for action on the environment. It is now absolutely crucial to develop sustainable development policies to address the many challenges of our time.

I also want to pay tribute to our environment critic, the member for Halifax, who works so hard to defend our world and the quality of life of her constituents. She is a role model who inspires me every day. As for me, I was elected in 2011 to make Canada greener, more prosperous and fairer for all.

Some people would say that Bill C-481 does not go far enough. However, I feel it is a step in the right direction. My colleagues on the other side and I should support it. Indeed, it is an amendment to an act that the Conservatives themselves passed unanimously in June 2008.

My bill seeks to ensure that any future acts and regulations introduced by a federal minister comply with the principles of the Federal Sustainable Development Act. The Minister of Justice will then report any inconsistencies to the House of Commons, at the earliest possible opportunity. The Department of Justice already has an obligation to examine all bills and regulations before the House to verify compliance with the Canadian Charter of Rights and Freedoms. All that Bill C-481 does is link this process with what has already been created by the Federal Sustainable Development Act.

I would point out there was nothing in the throne speech on sustainable development. However, the idea that human activity can cause serious and lasting damage to our ecosystems is now a key part of policy.

My bill is a reminder that Canadians want sustainable development to be included in the decision-making process of their representatives in the House of Commons. Placing sustainable development at the heart of all federal public policy is the best way to make Canada greener, more prosperous and fairer for all.

What is sustainable development? It means creating policies that meet the needs of the present without compromising the needs of future generations. Sustainable development must also be guided by long-term thinking that takes into account the inseparable nature of the environmental, social and economic impacts of development activities. Unfortunately, we are leaving our children with the worst economic, social and ecological debt in the history of this country. We cannot afford to let this situation continue.

The planet's temperature is already rising. This is an undeniable reality that is hitting Canada hard. Since 1948, the average annual temperature in Canada has risen by 1.3^oC, a rate of warming that is higher than in most other parts of the world. Heavy precipitation and flooding have increased in most Canadian cities. Researchers with the National Round Table on the Environment and the Economy have noted an increased number of heat waves in every major Canadian city as well as more droughts, particularly in the west. There have also been more forest fires. Moreover, the serious lack of water is affecting land productivity, and that will only get worse.

Insurance plans are not adapted to these situations. In Quebec alone, the compensation paid by insurance companies as a result of storms and flooding has increased by 25% since 2001.

Lastly, scientists have documented deteriorating biodiversity conditions in all of the main types of ecosystems in Canada. Biodiversity is a cornerstone of Canadian competitiveness. It is key to continued growth in ecotourism and recreation. Falling behind on the protection of land and wildlife could lead to the disruption of valuable resource sectors like forestry and fisheries.

Our trading partners see Canada as a steward of globally significant resources. Canada’s success as a trading nation depends on continued leadership in meeting international expectations for environmental protection, expectations that are increasingly enshrined in international trade agreements.

Negligence is getting expensive. The effects are being felt across the country, and it will only get worse if we do not act now. For many years, a number of provinces have said repeatedly how important it is that Canada take a leadership role in establishing sustainable development policies. Sustainable development means creating policies that meet the needs of the present without compromising the needs of future generations. This principle must be extended to all decisions made by the federal government, especially those made in the House.

Informing people and building awareness alone will not make Canada greener. We need leadership. The government and MPs must foster change that stimulates progress and prosperity in our communities.

My bill will give Canada a mechanism that encourages MPs to act in accordance with sustainable development principles. Bill C-481 is one more step in the right direction toward placing these principles at the centre of our decision-making process. By encouraging MPs to develop bills that are in line with the federal sustainable development strategy, Bill C-481 will help them make good decisions and build a greener, more prosperous and more just Canada.

The Federal Sustainable Development Act was the outcome of a private member's bill, Bill C-474, which was passed unanimously in June 2008. In passing the bill, the Government of Canada recognized the importance of making decisions that take environmental, economic and social factors into account. The bill set up a legal framework for the development and implementation of a federal sustainable development strategy.

The purpose of the strategy is to make the decision-making process more transparent in terms of the environment. It is updated every three years with a progress report and public consultations. Within a year of the strategy coming into effect, the main federal departments have to prepare their own sustainable development strategies. These must comply with the guidelines in the federal sustainable development strategy, which has four priority themes.

The first is about addressing climate change now that weather events have become more frequent and severe. We must also improve air quality to combat the growing number of respiratory illnesses.

The second is about maintaining water quality and availability, because even though our bank account is full and oil resources are everywhere, water quality is still the most critical factor for life.

The third is about protecting nature, plants and animals. The fourth is about shrinking the environmental footprint, beginning with government. The goal is to reduce polluting emissions, recycle, and set a good example for the private sector and individuals.

As it stands now, this legislation does not do much, since the current government lacks any political will.

This fall, the Commissioner of the Environment and Sustainable Development's report criticized the government for missing most of its targets. Most of the targets lack clarity and measurability, which makes it difficult to assess progress over the short and long term.

Well thought-out strategies and effective action to implement them are fundamental to both the credibility and the impact of the strategies. Although the Federal Sustainable Development Act is weak and does not have teeth, I think it provides an excellent tool for us to coordinate our massive bureaucracy in order to implement sustainable development policies.

Bill C-481 will help strengthen this act by ensuring that the House of Commons knows whether a bill is in line with the federal sustainable development strategy. The Commissioner of the Environment and Sustainable Development noted that the efforts to integrate the sustainable development strategy are incomplete. Bill C-481 would fix that.

We want to show Canadians that we take sustainable development into account in our decisions. If Bill C-481 passes, bills that are inconsistent with sustainable development will pay a political price. I hope that members of the House of Commons will make more of an effort to include sustainable development in their bills.

We must not be leaving environmental, economic and social debts for future generations. We must be concerned with the quality of life of our constituents; focus on prevention instead of repression; provide value-added for small businesses by giving them green infrastructure; promote buying local, which stimulates the regional economy and reduces our greenhouse gas emissions; and there are many more examples. Together, we will build a fairer, greener and more prosperous Canada.

In conclusion, I would like to share a quote from Frédéric Back's film The Man Who Planted Trees. This film served as an inspiration to me in developing this bill. Here is an excerpt:

...It is a desert no more. In these [formerly] arid regions...magnificent forests have slowed the winds, retained water and restored life. All this is the result of the quiet perseverance of a single man.

On that note, I urge all members to vote in favour of my bill.

Federal Sustainable Development Act

[Bernard Bigras, Bloc, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I am very pleased to speak today to Bill S-210, which we will naturally support, along with all the other parties in this House. This essentially administrative bill was presented in the Senate on April 30, 2010, and it would amend two acts: the Federal Sustainable Development Act and the Auditor General Act. It would ensure that when the environment commissioner provides a report on the progress of sustainable development, this report is tabled in both the House of Commons and the Senate. That is the first amendment.

The second amendment would give the environment commissioner more latitude to decide when it is necessary to table reports on sustainable development. The Federal Sustainable Development Act, which is in its infant stages, since it was just recently passed, was the result of a bill introduced by one of our former colleagues, John Godfrey. He thought it was very important for Canada, and more specifically the federal government, to have a sustainable development strategy. I will come back to this shortly.

Mr. Godfrey worked with all of the parties to ensure that Bill C-474 would be passed. The Bloc Québécois did not like the bill in its original form because it proposed only a national sustainable development strategy. In addition, this bill interfered significantly in the provinces' areas of jurisdiction, such as agriculture and recycling. It was a national, coast-to-coast strategy that would not have produced results at the end of the day.

Following talks, the parties have decided that it is important for Canada to have a federal sustainable development strategy that falls within its own areas of jurisdiction. Thus, Canada will be able to meet the Rio targets and truly put in place a sustainable development plan using resources that already exist in its various departments. This strategy would also aim to increase greening of public services and provide Canada with the means to reach its international environmental goals.

That is how Bill S-210 was introduced. It will ensure that the commissioner has more flexibility in reaching the set targets. We need greater accountability and the environment commissioner must be able to report more frequently. Over the past weeks and months, we have come to realize that the environmental strategy presented by the federal government in order to comply with Bill C-474 contained targets that were vague, weak and insufficient.

Clearly, the government was just paying lip service to the ideas of reducing greenhouse gas emissions and protecting ecosystems and oceanographic resources. We need a transparent sustainable development strategy with clear goals. However, that is what was missing from the strategy that has been developed.

The commissioner will be responsible for assessing whether the government has met those targets. The targets are inadequate, so, naturally, the commissioner will have a hard time in the coming years figuring out whether Canada is keeping the promises made to Parliament.

We need more transparency, more accountability and greater responsibility to ensure that the government is reaching its international targets. That is almost certainly what Parliament has been lacking these past 10 or 14 years. The government was unable to achieve its environmental targets at the international level because there was no oversight and no accountability with respect to Canada's commitments.

The best example of this is the fight against climate change. Since 1997, successive governments have introduced greenhouse gas reduction plans that were supposed to be in line with Canada's greenhouse gas reduction targets. But we are a long way from reaching those targets.

In 1997, Canada promised to reduce greenhouse gas emissions to 6% below 1990 levels by 2012. Where do we stand now? Our greenhouse gas emissions have risen by more than 25%.

Why have we failed to reach our targets? One of the main reasons is that there have been no progress reports. There has been no way to determine whether the measures, plans, policies and programs implemented are taking us in the right direction. The government can set greenhouse gas reduction targets, but without the right plans, policies and programs in place, those targets will not be achieved. The environment commissioner needs more power to present more frequent reports. That is one of the goals of this bill.

We have already given the environment commissioner a greater role. A few years ago, the Liberal Party's Bill C-288 gave the environment commissioner more power with respect to accountability for reduction targets.

We support this bill. We believe that the environment commissioner must play a greater role in efforts to reach the targets set by Canada and the federal government by focusing on three basic objectives: transparency, accountability and responsibility.

Royal Recommendation--Bill C-568

[Tom Lukiwski, Conservative, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, I rise on a point of order regarding Bill C-568, An Act to amend the Statistics Act (mandatory long-form census).

Without commenting on the merits of the bill, it is my submission that the bill alters the conditions and qualifications for appropriations for Statistics Canada. The bill therefore requires a royal recommendation under Standing Order 79.

The Statistics Act sets out the duties and functions of Statistics Canada and the Chief Statistician of Canada. While this mandate is broad with respect to statistical matters, much of the activities are discretionary in nature and the act prescribes very few statutory obligations.

In fact, there are only two specific surveys or censuses required by the Statistics Act, a census of population as required by subsection 19(1), and a census of agriculture as required by section 20.

Further, the act provides few requirements for these censuses. The only requirement is set out in subsection 19(2) which requires the census of population to include the population counts for each electoral district.

What is more, all of the activities contemplated by the Statistics Act are under the direction of either the minister or the Governor in Council.

For example, under subsection 21(1), the Governor in Council is authorized to prescribe the questions to be asked in the census of population or agriculture. Section 22 of the act states that the Chief Statistician shall collect and compile statistics under the direction of the minister.

Section 8 of the act states that the minister may, by order, authorize a voluntary survey. Section 7 of the act states that:

The Minister may, by order, prescribe such rules, instructions, schedules and forms as the Minister deems requisite for conducting the work and business of Statistics Canada, the collecting, compiling and publishing of statistics and other information and the taking of any census authorized by this Act.

To sum up, the Statistics Act requires two censuses and says next to nothing about the nature of the questions to be asked in these censuses. The Governor in Council establishes the questions and the minister is responsible for the taking of the census.

I now turn to clause 1 of Bill C-568, which would amend the Statistics Act to provide two new requirements.

First, each population census must include a long form census questionnaire distributed to at least 20% of all households, or to whatever percentage the Chief Statistician has determined to be appropriate.

Second, the long form census questionnaire must conform substantially, in length and substantive scope, to the questions in the 1971 census.

This is a new obligation. While there has always been statutory authority to include a long form census, it has always been discretionary on the part of the Governor in Council. This is therefore a new obligation that alters the conditions and qualifications for the mandate of Statistics Canada.

This new obligation also requires expenditures. For example, Statistics Canada estimates that a long form census in 2011 would cost a minimum of $50 million. Under the current legal framework, the government has the discretion to decide whether or not to spend this $50 million. Under Bill C-568, the government would be obliged to appropriate the necessary funds to carry out its legal duties.

My point is not simply that Bill C-568 would require the expenditure of funds, but also that it does so in a way that alters the conditions and qualifications of Statistics Canada's existing mandate.

On page 834 of the second edition of the House of Commons Procedure and Practice states:

A royal recommendation not only fixes the allowable charge, but also its objects, purposes, conditions and qualifications. For this reason, a royal recommendation is required not only in the case where money is being appropriated, but also in the case where the authorization to spend for a specific purpose is significantly altered. Without a royal recommendation, a bill that either increases the amount of an appropriation, or extends its objects, purposes, conditions and qualifications is inadmissible on the grounds that it infringes on the Crown's financial initiative.

On February 11, 2008, the Speaker ruled on Bill C-474, Federal Sustainable Development Act, that:

...clause 13...would impose additional functions on the commissioner that are substantially different from those foreseen in the current mandate. In the Chair's view, clause 13 thus alters the conditions set out in the original bill to which a royal recommendation was attached.

Other precedents clearly establish that a change in purpose requiring new expenditures must be accompanied by a royal recommendation.

On October 20, 2006, the Speaker ruled on Bill C-286, the witness protection bill, that:

...the bill proposes to carry out an entirely new function. As a new function, such an activity is not covered by the terms of any existing appropriation. As the House knows, funds are approved by Parliament only for purposes covered by the accompanying royal recommendation, as explicitly stated in Standing Order 79(1). New functions or activities must be accompanied by a new royal recommendation.

On November 8, 2006, the Speaker ruled on Bill C-279, the DNA identification bill, that:

...clause 2 amends the purpose clause of the DNA Identification Act to include the identifying of missing persons as one of the purposes for maintaining the data bank...the addition of this new purpose to the act would require significant new expenditures by the government.

I recognize that not all changes to an organization's mandate will always require a royal recommendation and that departments have the ability to reallocate funds in order to meet their legislative requirements.

As you recently noted, Mr. Speaker, on October 26, 2010, in your ruling on Bill C-300:

Bill C-300 does require the Ministers of Foreign Affairs and International Trade to examine bona fide complaints concerning possible contraventions of the guidelines to be established under clause 5, but the bill is silent with respect to the manner in which such examinations are to be conducted. The respective ministers appear to have entire discretion in this regard.

In contrast, Bill C-568 removes all discretion from the minister and Governor in Council in deciding whether to include a long form census questionnaire with each census.

For this reason, Bill C-568 would add a new statutory obligation to the Statistics Act and would alter the mandate of Statistics Canada, thereby changing the conditions and qualifications of the royal recommendation that accompanied that act.

I submit, therefore, Mr. Speaker, that the bill requires a royal recommendation.

Bill C-300—Speaker's Ruling

[The Speaker, Liberal, Peter Milliken]

I am now prepared to rule on the point of order raised on Monday, September 20, 2010, by the hon. Parliamentary Secretary to the Leader of the Government in the House of Commons concerning the need for a royal recommendation to accompany Bill C-300, An Act respecting Corporate Accountability for the Activities of Mining, Oil or Gas in Developing Countries, standing in the name of the hon. member for Scarborough—Guildwood.

I would like to thank the Parliamentary Secretary to the Leader of the Government in the House of Commons for having drawn this matter to the attention of the House as well as the hon. members for Scarborough—Guildwood and Mississauga South and the Parliamentary Secretary to the Minister of International Cooperation for their comments.

In raising this issue, the Parliamentary Secretary to the Leader of the Government in the House of Commons argued that Bill C-300 established a new, quasi-judicial function regarding Canadian companies engaged in mining, oil or gas activities in developing countries to be exercised by the ministers of foreign affairs and international trade. He also contended that the framework required to implement the provisions of the bill was not foreseen by the Department of Foreign Affairs and International Trade Act and that considerable expense would be required to put it in place. In supporting this point, the Parliamentary Secretary to the Minister of International Cooperation noted that during 2009 the World Bank had expended $3.3 million conducting what he described as “parallel investigations” to those he believed would be required by Bill C-300.

The hon. Parliamentary Secretary to the Leader of the Government in the House of Commons noted that in other cases, the Speaker had found that bills mandating an expansion of the functions of an existing department or agency required a royal recommendation. He referred in that regard to the ruling concerning Bill C-280, An Act to amend the Employment Insurance Act (Employment Insurance Account and rate setting) Debates, June 13, 2005, pages 6990-1, as well as to the ruling concerning Bill C-474, National Sustainable Development Act, Debates, February 11, 2008, but I will not cite the pages.

It is in that context that the Parliamentary Secretary to the Leader of the Government in the House of Commons maintained that the terms and conditions of the Department of Foreign Affairs and International Trade Act were therefore being altered by Bill C-300 and that funds would need to be appropriated to carry out the new function imposed by the bill. He concluded that for these reasons, a royal recommendation would be required for Bill C-300.

In his remarks, the hon. member for Scarborough—Guildwood asserted that the bill had been carefully drafted with a view to avoiding any requirement for a royal recommendation. He acknowledged that some reorganization of existing resources would be necessary, but that new resources would not be required.

The Chair takes very seriously the need to respect the requirements for a recommendation of the Crown to accompany any legislation requiring new expenditures. The Chair has therefore examined with care the details of Bill C-300, An Act respecting Corporate Accountability for the Activities of Mining, Oil or Gas in Developing Countries, as well as the precedents enumerated by the parliamentary secretary.

The case of Bill C-280, cited by the Parliamentary Secretary to the Leader of the Government in the House of Commons, involved the creation of a new employment insurance account outside the consolidated revenue fund. Bill C-474, to which he also referred, assigned new functions to the Commissioner of the Environment and Sustainable Development, including the assessing of provincial performance in the meeting of sustainable development goals, which was clearly a significant expansion of the existing mandate.

The Parliamentary Secretary to the Leader of the Government in the House of Commons was correct in saying that both Bill C-280 and Bill C-474 required a royal recommendation. In the first instance, the bill created an employment insurance account outside the consolidated revenue fund as well as several other proposals. These included lowering the threshold for becoming a major attachment claimant; setting benefits payable to 55% of the average weekly insurable earnings during the highest paid 12 weeks of the 12 month period preceding the interruption of earnings; reducing the qualifying period before receiving benefits; and removing the distinctions made in the qualifying period on the basis of the regional unemployment rate. From a mere listing of the measures in the bill, one must clearly conclude that the bill had the effect of authorizing increased expenditures from the consolidated revenue fund in a manner and for purposes not currently authorized.

As for Bill C-474, it sought among other things, to modify the mandate of a new independent Commissioner of the Environment and Sustainable Development. Specifically, it sought to develop “a national sustainability monitoring system to assess...the state of the Canadian environment, nationally and by province” as well as “...the national and provincial performance in meeting each sustainable development goal...” listed in the bill. There is no doubt that extending the commissioner’s mandate into the provincial arena was clearly a significant expansion of the existing mandate.

Thus, we are in agreement on the issues raised by these two bills, however, it seems to me that the situation presented by Bill C-300, the case now before the House, is not analogous to the circumstances just described.

Bill C-300 does require the Ministers of Foreign Affairs and International Trade to examine bona fide complaints concerning possible contraventions of the guidelines to be established under clause 5, but the bill is silent with respect to the manner in which such examinations are to be conducted. The respective ministers appear to have entire discretion in this regard. Furthermore, the Chair is of the view that the examination of such complaints is not a departure from or expansion of the current ministerial mandate under the Department of Foreign Affairs and International Trade Act to carry out such examinations. Bill C-300 may put forth more stringent requirements, but it does not expand the mandate per se. Hence, a parallel cannot be made to Bill C-474.

In addition, Bill C-300 does not actually call for the establishment of the quasi-judicial process referred to in testimony by departmental officials. Nor does it require that investigations be carried out in other jurisdictions. It may be that a reorganization of resources or even additional funds would be required, however, it appears these would be operational in nature. In short, there is little ground for comparison of Bill C-300 with Bill C-280 and Bill C-474.

Consequently, from a strictly procedural point of view, the Chair cannot find that Bill C-300 requires the expenditure of public funds for a new and distinct purpose. I therefore rule that there is no requirement that the bill be accompanied by a royal recommendation. The House may continue to consider it in accordance with the rules governing private members' business.

I thank hon. members for their attention.

Corporate Accountability of Mining, Oil and Gas Corporations in Developing Countries Act

[Tom Lukiwski, Conservative, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, I rise on a point of order regarding Bill C-300, An Act respecting Corporate Accountability for the Activities of Mining, Oil or Gas in Developing Countries, introduced by the member for Scarborough—Guildwood.

I submit that the bill contains provisions which would require new spending for purposes not currently authorized in statute and therefore should be accompanied by a royal recommendation.

Bill C-300 would add new functions to the Department of Foreign Affairs and International Trade Act by requiring the ministers of Foreign Affairs and International Trade to establish a new, quasi-judicial function regarding Canadian companies engaged in mining, oil or gas activities in developing countries. Currently, the Department of Foreign Affairs and International Trade Act does not authorize spending for that new function.

The government did not raise a point of order on the bill prior to second reading. However, during committee consideration of the bill, the issue of new spending was raised, and I now want to bring that to your attention. On December 1, 2009 officials from the Department of Foreign Affairs and International Trade stated in committee:

The mechanism itself would require...the set-up of a whole new procedural framework that is not currently in existence within DFAIT and is not foreseen in the DFAIT Act.

Let me explain why this would require new spending. Clause 9 of the bill would amend the Department of Foreign Affairs and International Trade Act to compel the ministers of Foreign Affairs and International Trade to ensure that mining, oil and gas activities by Canadian corporations in developing countries are consistent with the guidelines in clause 5 of the bill.

Clause 4 of the bill sets out a formal complaints process to require the ministers of Foreign Affairs and International Trade to receive complaints and conduct investigations on whether the guidelines have been contravened.

In a case where the ministers determine that activities contravene the guidelines, the ministers would be required to notify the president of the Export Development Corporation and the chair of the CPP Investment Board that a Canadian corporation's mining, oil or gas activities are inconsistent with the guidelines.

In such a case, the EDC would not be able to enter into, continue or renew a transaction with a Canadian corporation found to have contravened the guidelines and the CPP Investment Board would have to ensure that assets are not invested in any corporations that have been found to be in contravention of the guidelines.

Bill C-300 would alter the terms and conditions in the Department of Foreign Affairs and International Trade Act by adding a new quasi-judicial function. The need for a royal recommendation for a new function is explained on page 834 of the second edition of House of Commons Procedure and Practice. It states:

A royal recommendation not only fixes the allowable charge, but also its objects, purposes, conditions and qualifications. For this reason, a royal recommendation is required not only in the case where money is being appropriated, but also in the case where the authorization to spend for a specific purpose is significantly altered.

On June 13, 2005 the Speaker ruled on Bill C-280, An Act to amend the Employment Insurance Act (Employment Insurance Account and premium rate setting) and another Act in consequence, stating:

Second, clause 2 significantly alters the duties of the EI Commission to enable new or different spending of public funds by the commission for a new purpose--

On February 11, 2008, with respect to a new role or function for an existing organization or program, the Speaker ruled on Bill C-474, the National Sustainable Development Act, stating:

Bill C-474 also proposes a new mandate for the commissioner.

However, clause 13 of Bill C-474 would modify the mandate of this new independent commissioner to require, namely, the development of “a national sustainability monitoring system...The clause 13 requirements would impose additional functions on the commissioner that are substantially different from those foreseen in the current mandate. In the Chair's view, clause 13 thus alters the conditions set out in the original bill to which a royal recommendation was attached.

I have explained how the new function proposed in Bill C-300 would alter the terms and conditions of the original royal recommendation for the Department of Foreign Affairs and International Trade Act.

In keeping with the precedents I have mentioned, I therefore submit that Bill C-300 requires a royal recommendation.

Canadian Environmental Bill of Rights

[The Deputy Speaker, Conservative, Andrew Scheer]

I am now prepared to rule on the point of order raised on May 6, 2010, by the Parliamentary Secretary to the Leader of the Government in the House of Commons concerning Bill C-469, An Act to establish a Canadian Environmental Bill of Rights, standing in the name of the hon. member for Edmonton—Strathcona.

I would like to thank the parliamentary secretary for having raised this matter, as well as the hon. member for Edmonton—Strathcona for her comments.

In raising his point of order, the parliamentary secretary set out two grounds on which he considered Bill C-469 to infringe the financial prerogative of the Crown. First, he argued that the bill creates potential new legal liabilities for the government because it allows the Federal Court to order that the government pay for the restoration or rehabilitation required by environmental harm or for the protection or enhancement of the environment generally. He pointed out that not only procedural authorities but also a number of previous Speakers' rulings make it quite clear that the imposing of liabilities on the Crown requires a royal recommendation.

His second point dealt with the role which the bill assigns to the Auditor General. He noted that clause 26 of the bill would require the Auditor General to review every regulation or government bill in order to determine whether or not they were consistent with the provisions of Bill C-469. This role would, according to the parliamentary secretary, shift the role of the Auditor General from one of simply auditing to that of reviewing policy proposals that have not yet been approved. He regarded this as an inadmissible expansion of the Auditor General's mandate. In support of his view, he noted that, in a ruling given on February 11, 2008, Debates pages 2853-4, concerning Bill C-474, the Federal Sustainable Development Act, an expansion of the role of the environment commissioner to include a national sustainability monitoring system had been found to represent a change of mandate that required a royal recommendation.

In addressing the point of order, the member for Edmonton—Strathcona argued that the bill does not create a new liability for the government, but merely provides legal standing for actions to be brought should the government fail to assert its existing jurisdiction and legislated powers. She also drew the attention of the House to the fact that statutory authority to make payments exists under the provisions of the Crown Liability and Proceedings Act, should the government fail to carry out its duties.

With respect to the mandate of the Auditor General, the member for Edmonton—Strathcona pointed out that the Office of the Commissioner of the Environment and Sustainable Development falls under the authority of the Auditor General. She indicated that a broad mandate is given to the commissioner and that, in her view, none of the requirements of Bill C-469 went beyond the authority already provided to the commissioner by the Auditor General Act. She also noted that any increased expenditure would be operational in nature and would not involve a new activity or function.

The Chair has examined Bill C-469 carefully, as well as the authorities and precedents cited. There are essentially two points which the Chair is asked to address: first, does the bill authorize new expenditures of public funds by creating new or contingent liabilities for the Crown and, secondly, does the bill alter the role of the Auditor General by expanding her mandate beyond that currently provided for in the Auditor General Act.

In his remarks, the parliamentary secretary cited two cases in which an extension of Crown liability was ruled to require a royal recommendation. In one case, concerning the Farm Improvement Loans Act, it was proposed to raise the loan ceiling from $25,000 to $40,000. In the other case, a bill sought to amend the Bankruptcy and Insolvency Act in a way which would have increased the government's liability under the Canada Student Loans Act. In both of these cases, the government, as guarantor of the respective loans, would have been exposed to increased liability.

While the requirement for a royal recommendation in cases concerning loan limits and loan guarantees is well established, not all types of liability are subject to the same requirement. It is important in this context to distinguish between a liability for new payments under an existing program and a liability arising by reason of a court judgment rendered against the Crown. The rulings to which the parliamentary secretary has referred relate to a liability of the first kind. Erskine May, 23rd edition, at page 888 states that no recommendation is required from the Crown where: “—such a liability arises as an incidental consequence of a proposal to apply or modify the general law.”

The parliamentary secretary has argued that new liabilities are created by Bill C-469. The Chair is not convinced of this. The bill provides a new means by which the Crown can be proceeded against where it has failed to meet its legal obligations. This is simply a new means of being called to account, not to a creation of a new responsibility for which additional expenditures of public funds will be required.

The Chair is also of the view that creating a new basis for legal actions against the Crown does not extend the Crown's liability as it currently exists under the Crown Liability and Proceedings Act. In the absence of an expansion of a liability for the new payments under an existing program, there does not appear to be a basis for the claim that the objects and purposes of that act are being extended to where an authorization is being given to make new expenditures of public funds.

The Chair would now like to turn to the question of whether or not Bill C-469 seeks to expand the mandate of the Auditor General.

As the member for Edmonton—Strathcona pointed out, the Office of the Auditor General includes the position of Commissioner of the Environment, who reports to Parliament through the Auditor General. The Commissioner is given a broad mandate with respect to the content of that office’s reports, as set out in paragraph 23(2) of the Act, which reads, in part:

The Commissioner shall, on behalf of the Auditor General, report annually to the House of Commons concerning anything that the Commissioner considers should be brought to the attention of the House in relation to environmental and other aspects of sustainable development—

The provisions of Bill C-469 concerning the Auditor General are limited to the examination of federal bills and regulations. Here again, it does not appear that the bill broadens the mandate of the commissioner, nor does it require the commissioner to undertake any work not already within his purview.

In conclusion, the Chair is unable to find any authorization for a new expenditure of public funds in Bill C-469, nor does the bill appear to assign any function to the Office of the Auditor General that goes beyond the existing mandate of that office. I therefore rule that Bill C-469 does not infringe on the financial initiative of the Crown and so does not require a royal recommendation.

I once again would like to thank the parliamentary secretary for having raised this matter, as well as the member for Edmonton—Strathcona for her comments.

I thank honourable members for their attention.

Bill C-469--Royal Recommendation Requirement

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I wish to reply to the arguments made May 6, 2010 by the Parliamentary Secretary to the Leader of the Government in the House of Commons regarding my private member's bill, Bill C-469, An Act to establish a Canadian Environmental Bill of Rights.

The parliamentary secretary argued that the bill requires a royal recommendation because it would require new spending on the following basis: one, that part 2 authorizes environmental protection actions against the government by enabling Canadians to seek recourse in the Federal Court to protect the environment in relation to any action or inaction by the government which has resulted in significant harm; and two, that part 4 authorizes the Auditor General to review new regulations and bills to ensure consistency with Bill C-469 and to report any inconsistencies to the House of Commons.

I wish first to respond to the argument put forth that part 2, clause 19 of the bill, “would create potential legal liabilities for the government by adding the power to the Federal Court to order the government to pay for the restoration or rehabilitation of the part of the environment, and the power to order the government to pay for the enhancement or protection of the environment generally” and the argument that “clause 19 would result in a potential increase in the government's legal liability since payments resulting from decisions of the Federal Court would be made from the consolidated revenue fund”.

First, Bill C-469 merely establishes standing to bring an environmental protection action against the government. The enactment of this provision would create no immediate or automatic liability on the federal government. In point of fact the overall intent of the law is to encourage action by the federal government to assert its existing jurisdiction and legislated powers to protect the environment in the interests of current and future generations of Canadians.

The bill's purpose is to ensure greater transparency and participation in environmental decision making. The intent is to make the government accountable for the actions it takes or fails to take to protect the environment in the interests of Canadians.

If those broad rights and powers are asserted, then no action would likely be precipitated. Further, if the federal government's powers to protect the environment are exercised with due diligence, then a successful court action against the crown is unlikely. As a consequence, no new liability would arise.

In making his case, the parliamentary secretary referred to, for example, the Senate Speaker's ruling on May 5, 2009, at pages 739 to 740 of the Senate Debates, that Bill S-219, an act to amend the Bankruptcy and Insolvency Act, required a royal recommendation because it would increase the Crown's liability under the Canada Student Loans Act by expanding the range of conditions under which government would have to make good its guarantee of loans under that act.

However, the Senate Speaker in his ruling then went on to quote from the 23rd edition of Erskine May to distinguish those cases that would and would not require a royal recommendation:

While page 888 does state that the Royal Recommendation may not be required if the “liability arises as an incidental consequence of a proposal to apply or modify the general law,” this does not save Bill S-219, since the changes proposed to the student loans regime are not merely incidental to the bill, but its primary purpose.

Based on this analysis, it is submitted, contrary to what the parliamentary secretary has asserted, Bill C-469, which merely provides standing to a defined class of potential litigants to consider seeking a court order would not require royal recommendation. No immediate spending or liability arises from part 2. Any potential liability would arise only as an incidental consequence of an action actually being filed proving failure by the government to fulfill its duties as trustee of the environment, to enforce an environmental law or for violating the right to a healthy and ecologically balanced environment.

Further, the litigant must provide proof of actual or potential significant harm to even file the action. The imposition of new spending by the government is not at all the primary purpose of the bill. No immediate liability arises with the enactment of the bill and most certainly not as a result of part 2.

It may also be noted that Erskine May, 23rd edition at page 888 clearly provides that “Liability on the Crown or local authorities to pay costs, compensation or damages does not require a money resolution if such a liability arises as an incidental consequence of a proposal to apply or modify the general law”.

It is further specified that in the case of widening the jurisdiction of a court, a money resolution is not required even though the proposal may have the incidental consequence of increasing the costs of administration of justice.

The parliamentary secretary referred to the Speaker's ruling on June 12, 1973, that Bill S-5, an Act to amend the Farm Improvement Loans Act required a royal recommendation because it proposed substantial additional liabilities on public moneys.

However, this ruling was subsequently considered by the Speaker on February 12, 1998, on page 3766 in considering Bill S-4, an Act to amend the Canada Shipping Act, who held that there was already statutory authority under the Crown Liability and Proceedings Act to make the payments that Bill S-4 outlined.

It may be noted that many federal environmental laws, including the Canadian Environmental Protection Act, already provide that the Crown is bound. According to Erskine May, 21st Edition at page 717, “No further authorization is required for an expenditure covered by an existing statutory authority, including liability to pay damages covered by existing law”.

By way of example, crown agencies such as the Department of Public Works and the Department of Defence have been held by the courts to be liable to pay damages where they have failed to take appropriate actions to comply with the Canadian Environmental Protection Act.

Further, the provisions in Bill C-469, related to proceedings against the federal Crown, are consistent with the Crown Liability and Proceedings Act, chapter C-5, section 33. Section 3 clearly provides that the Crown is liable for damages for torts committed by a servant of the Crown.

It may be noted that John Mark Keyes in his article, “When Bills and Amendments Require the Royal Recommendation: A Discussion Paper and Guidelines”, Canadian Parliamentary Review, volume 20, number 4, winter 1997-98 at page 8 cites Erskine May, 21st edition, page 717, on cases were a royal recommendation is not needed as including, “Widening the jurisdiction of a court or creating offences although they may have the effect of increasing the costs of the administration of justice”.

Further, any potential liabilities under part 2 of the bill are highly speculative and that they would be substantial is even more so speculative.

For example, government might first avoid a court action or settle such an action if filed by diligently exercising its powers or duties to undertake an environmental assessment or to complete an action plan for a threatened species within the statutorily prescribed timeline or by passing new regulations, or by a myriad of other measures.

Even if an action under Bill C-469 has its day in court, the court is provided a wide range of remedies, including directing the government to implement measures previously announced and budgeted for, or otherwise prescribed by another law. Thus any court-ordered payments under section 19 of the bill are highly speculative and could only occur after the government has made decisions to not avoid or remedy the problem by any other means.

The Speaker similarly rejected such speculation in multiple rulings on September 27, 2006, page 3314; on February 8, 2007, page 6548; and again on February 14, 2007, page 6816. The Speaker found that Bill C-288, the Kyoto Protocol Implementation Act did not require a royal recommendation.

The parliamentary secretary's second argument was based on part 4 of the bill. Section 26 requires the Auditor General to examine proposed regulations and bills for consistency with Bill C-469 and to report any inconsistency to the House. It was the parliamentary secretary's assertion that this role differs significantly from the current duties of the Auditor General under section 5 of the Auditor General Act and would require new government spending.

This section requires the Auditor General, in accordance with such regulations as the governor in council may choose to make, to review any new regulations or bills to ensure consistency with the purposes and provisions of Bill C-469, and to report such findings to the House of Commons.

Let us first consider the mandate of the Auditor General as prescribed in the Auditor General Act. The act also establishes the Office of the Commissioner of Environment and Sustainable Development. Section 21.1 prescribes a broad mandate to the commissioner to provide sustainable development monitoring and reporting including on matters reiterated in the preamble of Bill C-469, inclusive of integrating environment and the economy, protecting ecosystems, and respect for the health of Canadians and the needs of future generations.

Section 23 of that act requires the commissioner to make examinations and inquiries considered necessary to monitor the extent to which specified departments have contributed to meeting sustainable development targets and report to the House actions including exercising the authority of the governor in council. Part of that authority includes the promulgation of regulations, and review and authorization of proposed laws.

The Auditor General Act also requires that the commissioner, on behalf of the Auditor General, report annually to the House of Commons on the progress of the federal government in implementing the federal sustainable development strategy and meeting its targets, which would include consideration of new statutes and regulations.

Thus, Bill C-469 would not create a substantially new or radically different mandate than that already prescribed for the Office of the Commissioner for Sustainable Development within the Office of the Auditor General, as provided in the Auditor General Act.

I further submit that section 26 of Bill C-469 is very similar to that considered in the Speaker's ruling on February 8, 2007, at page 6548 on Bill C-288, Kyoto Protocol Implementation Act. The Speaker in that instance held that the bill did not require a royal recommendation as the new responsibilities placed on the national round table on the environment and the economy by that bill did not meet the test, to quote the Speaker's words, of “whether some entirely new activity or function is being proposed which radically diverges from the activities already authorized in existing legislation”.

It may be noted that in the same ruling, the Speaker also provided, “Now it might be argued that this would increase the workload of the national round table, but even if this were so, an increase to its budget would be sought through existing appropriation arrangements”.

As the Speaker has clearly ruled, it is important to distinguish between an effect of a bill potentially increasing the workload of a department or agency and an effect of establishing distinctly new activity or function. It is my humble submission that the same logic and same conclusion would apply to part 4 of Bill C-469 regarding the role specified for the Office of the Auditor General.

The parliamentary secretary referred to the Speaker's February 11, 2008, ruling on Bill C-474, Federal Sustainable Development Act; however, in that case, Bill C-474, at first reading, originally proposed repealing the sections in the Auditor General Act concerning the Commissioner of the Environment and Sustainable Development and creating a new independent commissioner appointed by the governor in council who would not only assess federal progress on sustainable development but also provincial progress.

At committee stage, Bill C-474 was amended to rely on the existing position of the commissioner established under the Auditor General Act and to add the monitoring and reporting duties on federal progress toward sustainable development granted to the commissioner under that act. The Speaker on June 10, 2008, at page 6819, held that the amended bill no longer needed a royal recommendation. It is that amended Bill C-474 that is analogous to Bill C-469.

Finally, in closing, as a private member's bill can proceed through second reading and committee stage regardless of whether it requires a royal recommendation, in whole or in part, recognizing it may potentially be amended in committee or at report stage, a ruling from the Speaker would be most welcomed in advance of the vote at second reading and referral to the committee. This will inform the committee members whether any amendments may be necessary to be considered to avoid any potential need for a royal recommendation and thus maintain the possibility of a third reading vote.