Bill C-469 (Historical)

Canadian Environmental Bill of Rights

An Act to establish a Canadian Environmental Bill of Rights

This enactment establishes the Canadian Environmental Bill of Rights whose provisions apply to all decisions emanating from a federal source or related to federal land or a federal work or undertaking. The purpose of this enactment is to
(a) safeguard the right of present and future generations of Canadians to a healthy and ecologically balanced environment;
(b) confirm the Government of Canada’s public trust duty to protect the environment under its jurisdiction;
(c) ensure all Canadians have access to adequate environmental information, justice in an environmental context and effective mechanisms for participating in environmental decision-making;
(d) provide adequate legal protection against reprisals for employees who take action for the purpose of protecting the environment; and
(e) enhance the public confidence in the implementation of environmental law.

Canadian Environmental Bill of Rights

[Christian Ouellet, Bloc, Brome—Missisquoi, QC]

Mr. Speaker, I am very pleased to speak to Bill C-469, introduced by my colleague, the member for Edmonton—Strathcona. I congratulate her on this excellent bill. I will start by saying that we are very happy with this bill and we will support it.

I hope that all members in this House will support this bill, even though the member for Papineau just told us that this bill will unite Canada, using the phrase from coast to coast.

We think that the provisions of this bill should apply in every region of the country. In Quebec, we think this bill would be a good idea because of the principles it sets out, which I will be discussing. I think it is important to talk about what is in this bill.

I will be a bit more down-to-earth than the member for Papineau. I will hold back on the rhetoric, but I will talk about this bill that would create a Canadian Environmental Bill of Rights.

This bill states:

Whereas [people] understand the close linkages between a healthy and ecologically balanced environment and [Quebec's and all of] Canada’s economic, social, cultural and intergenerational security;

Whereas [people] have an individual—it is good to clarify that—and collective right to a healthy and ecologically balanced environment;

Whereas action or inaction that results in significant environmental harm could compromise the life, liberty and security of the person and be contrary to section 7 of the Canadian Charter of Rights and Freedoms;

Mr. Speaker, it is quite interesting that in your ruling on the royal recommendation, you also tied this bill to the Canadian Charter of Rights and Freedoms. It seems that doing so makes this already interesting bill stronger.

I will continue to read:

Whereas the Government of Canada has consistently made commitments to the international community on behalf of [everyone] to protect the environment for the benefit of the world;

We know how much this government just ignores these agreements. The previous Liberal government did more or less the same thing and put things off as long as possible in order to do nothing at all.

I will continue:

Whereas the Government's ability to protect the environment is enhanced when the public is engaged in environmental protection;

That is essential and I am pleased to see that it is in the bill.

This bill defines the term “environment” and I would like to look at that, because it is truly well done.

The bill says:

“environment” means the components of the Earth and includes (a) air, land and water;

(b) all layers of the atmosphere;

(c) all organic matter and living organisms;

(d) biodiversity within and among species; and

(e) the interacting natural systems...

I truly applaud my colleague's work on this definition of the environment. I think it is excellent.

Another interesting thing about this bill is that it defines the principles. There is the principle of environmental justice. The bill also defines the precautionary principle. In my opinion, the French translation is not quite right. The French should read, “principe de précaution”. That is the more commonly used term.

This is how the precautionary principle is defined:

“precautionary principle” means the principle that where there are threats of serious or irreversible damage to the environment, lack of full scientific certainty should not be used as a reason for postponing action to protect the environment.

Including such a principle in legislation is unprecedented. Currently, in my own riding, we are wondering about the potential impact of the Trailbreaker project, which would carry oil from the oil sands to the United States.

Such a provision would clearly indicate whether decisions should be made immediately, because of the potential threats.

The bill goes on to talk about the principle of intergenerational equity. We know how important it is that future generations have the resources they need and that life on earth be worthwhile. The bill also refers to the polluter pays principle, which we are quite familiar with. It would finally be written into this legislation, which is extremely complex. We admire how well drafted the bill is. There is one last principle I have not mentioned, and that is the principle of environmental justice.

So there are these five principles. Then there is the conclusion of part 5, which is a masterpiece, in my opinion:

the right of the individual to life, liberty, security of the person, including the right to a healthy and ecologically balanced environment, and enjoyment of property, and the right not to be deprived thereof except by due process of law;

We find this charming. We vote for what is good for Quebec, and we are certain this bill is good for Quebec, so hon. members can be sure we will support the bill.

In conclusion, I want to say that this bill can be applied in very practical ways. Look at what the Secretary-General of the United Nations suggested to the leaders of all countries in 2008: they should adopt a green New Deal, meaning head in the direction of new energies. We, with a Conservative government like our current one, have continued with a brown Old Deal. It is too bad. Many countries responded to this appeal and devoted a considerable share of the funds in their economic recovery plans to green investments.

The Bloc Québécois made some very practical suggestions. None of them was taken into account. In other countries such as Korea, though, 70% of the economic recovery package was devoted to green energy. The United States spent five times as much per capita on green energy in its recovery plan. That is not what was done in Canada because they are not really convinced.

Take the example of Europe. It has something called the 20-20-20 plan. It is amazing. No one believes that the Conservative government might some day adopt this kind of program and align itself with Europe. This 20-20-20 plan means 20% more energy efficiency, 20% more renewable energy, and a 20% reduction in greenhouse gases by 2020. It is realistic, it is doable and we really could set this target.

Bill C-469 could underpin some regulations of this kind. I am sure we could be doing something other than developing nuclear energy and coal-fired plants in Canada. If we set off in the direction of a green New Deal, we would be showing a lot more respect for Bill C-469.

I hope all members of the House will want to defend this bill and everyone will be proud of passing it because it is essential for our environment.

[Justin Trudeau, Liberal, Papineau, QC]

Mr. Speaker, I am pleased to rise today to speak to Bill C-469, An Act to establish a Canadian Environmental Bill of Rights.

Since the beginning of the 21st century, we have become increasingly aware that we can longer claim to keep the economy and environment separate. We understand that the two go together and should be considered as a single element to create prosperity for our country, our citizens and our communities. I would even go further and say that human civilization can no longer be separated from this planet and from this environment that nourishes us.

More of us are living in cities and taking for granted that which nourishes and sustains us. Our food comes from the supermarket. We turn on the tap and the water runs. For energy, we need only go to the gas station and use the pump to get gas or plug in our appliances and use the electricity. We take all of that for granted.

We have taken for granted, to a really troubling level, our planet's capacity to sustain us, to enable us, to give us the means to live these rich and fulfilling lives that we all have. We have done this because over the centuries our planet's capacity has seemed infinite to renew itself, to replenish itself, to heal itself from ills, natural disasters or from human-made shifts and changes.

However, things have changed now in the 21st century and through the latter half of the 20th century. We have begun to fill up our planet, not necessarily with human beings yet, although we are on our way to 10 billion, but with our footprint.

In this chamber right now, all the different members of Parliament sitting here in the clothes that they are wearing, the electronics on their wrists and in their pockets and in the food that is in their bellies, we are now drawing on every corner of this planet for things that seem very local.

We can no longer pretend that we are not deeply connected to the land. We can no longer simply assume what we have up until this point, two basic assumptions we tend to make that we no longer question and that no longer hold true in our civilization and in our society in the 21st century.

The first we have is about space, that we will always have enough space, that there will always be enough room to grow, that there will always be more resources to find and that there will be no consequences once we throw something away because it will just degrade and disappear into the environment. We think this way because we have been successful in thinking this way because we have been successful in thinking this way for the centuries and the millennia that humans have been organized into cities and even before. However, the reality is that we can no longer ignore the consequences of seemingly small actions because, added together, all of our individual actions have tremendous consequences.

Similarly, in our regard to time, we always feel like there is enough time for the planet to replenish itself, there is enough time for us to shift in our behaviours and there will be enough time for us to respond to whatever crisis comes by and react to it. We have always been this way because we have succeeded in this way. We have always felt that nothing we could do collectively would have much of an impact on our planet as a whole.

However, that has now changed. We now can no longer hold to those assumptions. We have to begin respecting and understanding our links to the land.

Canada is an extraordinary country that is defined by its land as much as anything else. We are a vast country that stretches from coast to coast to coast. Our capacity to imagine ourselves and to define ourselves hinges on recognizing the vastness that surrounds us, the size and the distances between communities, and the extraordinary variances we have across this country from the top of the mountains to the forests to the prairie plains to the muskegs and the tundra to the coastal communities.

Everywhere we go in this country we are surrounded by our land and yet in our cities we forget about that. We need to remember that we are linked to the natural processes, to the ecosystem services that sustain us and permit us to live these full and enriching lives. That is something that we could take for granted for an awfully long time but we now no longer can.

If we are defined by our land, we are so, too, defined by the principles and the values that we set forth in our core documents, like the Constitution or our Bill of Rights. The idea that 100 years ago or 500 years ago one would have to enshrine the right to fresh air or clean water would have seemed silly. Obviously everyone has a right to that, there was no need for it. It would be like trying to legislate that people have to obey the law of gravity.

Unfortunately, the reality has changed. We need to take a moment in this space to look at articulating and enshrining these principles that we have always taken for granted that we no longer can.

This discussion on the proposal brought forward by the member for Edmonton—Strathcona is one that is extremely worthy of our fullest consideration. It is a shame to me that we would have to be discussing this, that somehow it would be possible that as a governing body, as a federal government, as a Parliament we would be putting forward laws and bills that would not take into account human beings' rights to live in a healthy, ecologically balanced environment.

Unfortunately, we must consider it now. When we look around the world at the different countries and the different jurisdictions that have brought forward initiatives such as this, stood forward on the possibility and the requirement to consider environmental rights, environmental responsibilities in every piece of legislation passed, we see that there are a number of positive consequences to this. We end up with stronger laws, better implementation, a more engaged public, more active courts and an increased accountability.

Those are the things that we need to start looking at. We need to begin to understand that the environment is not something that happens out there. It is not just about trees, birds and butterflies. It is about human beings who breath, eat, drink, build, dream and hope, and we can only do that if we are building on a strong foundation that respects the world around us.

The Liberal Party is pleased to see this bill come forward so we can discuss it and look at the best ways to implement this, discuss it in committee and ensure that Canada starts founding all of its laws and principles on a healthy respect for a strong environment.

[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.

The House resumed from May 6 consideration of the motion that Bill C-469, An Act to establish a Canadian Environmental Bill of Rights, be read the second time and referred to a committee.

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.

Environmental Bill of RIghts

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I am rising to table a petition from the citizens of Edmonton, St. Albert, Lac La Biche and Spruce Grove, Alberta.

The petitioners call on the House of Commons to enact Bill C-469, an environmental bill of rights, so as to provide the tools for Canadians to hold their government accountable to protect the environment, including the enforcement of environmental laws, and to act on international conventions and obligations, and to give Canadians the right to participate in environmental decision making.

Canadian Environmental Bill of Rights

[Scott Armstrong, Conservative, Cumberland—Colchester—Musquodoboit Valley, NS]

Madam Speaker, I am pleased to have the opportunity to speak today to the issue of environmental rights and Bill C-469, An Act to establish a Canadian Environmental Bill of Rights.

Bill C-469 proposes to create a number of environmental rights and government obligations related to the protection of the environment. The bill stipulates that five emerging principles of environmental law would guide its interpretation: the precautionary principle, the polluter pays principle, the principle of sustainable development, the principle of intergenerational equity and the principle of environmental justice.

Those principles are already supported and implemented through existing government legislation and policies. For example, the Species at Risk Act, the Oceans Act, the Canadian Environmental Protection Act, 1999, and the Canadian Environmental Assessment Act all refer to the precautionary principle. Through this principle, the government may, in certain situations, where there are threats of serious or irreversible damage, take cost effective measures to prevent environmental degradation even if there is a lack of full scientific certainty.

In 2008, Parliament also passed the Federal Sustainable Development Act, which requires the Government of Canada to develop comprehensive federal sustainable development strategies based upon the precautionary principle.

In March of this year, our government presented to Canadians a consultation paper outlining a proposed federal sustainable development strategy for Canada. That strategy will both strengthen how government promotes environmental sustainability and improve the transparency and accountability of how we do it. The proposed strategy constitutes an effective and balanced approach for the government to meet many of the principles and goals advanced by Bill C-469. These include the precautionary principle, transparency and accountability, and the goal of sustainable development.

The proposed federal sustainable development strategy represents a major step forward for the Government of Canada by including environmental sustainability as an integral part of its decision-making processes. It replaces a system that was established in 1995 when amendments to the Auditor General Act required key federal departments and agencies to table in Parliament their individual strategies and other actions for sustainable development. That system lacked an overarching, government-wide strategy. It lacked the key elements for government-wide goals, targets and common ways to measure federal accomplishments.

The three key elements of this strategy represent the first major improvement in the system since 1995. First, the strategy will provide an integrated, whole of government picture of actions to achieve environmental sustainability in Canada. Second, we are linking sustainable development and planning and reporting with the government's core expenditure planning and reporting system. Finally, we are establishing effective measurement, monitoring and reporting in order to track and report on progress to Canadians.

Our government welcomes this opportunity to improve planning and reporting for environmental sustainability. Taking into account international best practices and the purpose of the Federal Sustainable Development Act, Canada's first federal sustainable development strategy will take a pragmatic approach based on key priorities.

The proposed approach is one of responsible, practical progress. It will deliver a significant advance in terms of sustainable development in Canada and will also allow the government to build on it as we learn over time. It will allow the government to address environmental sustainability in a clear and coherent way, while at the same time placing an emphasis on getting the framework correct. It will help Canadians and Parliament identify whether there are gaps in the system and how effective government has been in hitting the targets it has set. It also will become a valuable tool to help governments set ambitious goals that will lead to a more sustainable Canada.

The strategy will streamline the way departments and agencies report and put sustainable development at the heart of government decision-making throughout the body of government. It will enhance transparency for Canadians, hold government departments and the ministers more accountable and will deliver better results.

Our government is also supportive of another principle advanced by Bill C-469, the polluter pays principle. This principle, also known as principle 16 of the Rio declaration, provides that national authorities should endeavour to promote the internalization of environmental costs and the use of environment instruments, taking into account the approach that the polluter should, in principle, bear the cost of the pollution they create with due regard to the public interest and without distorting international trade and investment.

In June 2009, Parliament passed the Environmental Enforcement Act, an act that amends the offence, penalty and enforcement provisions of nine environmental protection and wildlife conservation statutes. These include the Canadian Environmental Protection Act , 1999; the Migratory Birds Convention Act, 1994; Canada's trade in endangered species legislation; and the Canada National Parks Act.

The Environmental Enforcement Act would ensure that enforcement and sentencing of environmental offences achieve the goals of deterrence, denunciation and, of course, restoration. This last goal reinforces the polluter pays principle by ensuring that offenders contribute to the restoration and remediation of the damage that they have caused to the environment.

Reflecting on the polluter pays principle, the Environmental Enforcement Act introduces minimum fines for offences that involve direct harm or risk of harm to the environment and obstruction of authority, not just the harm they caused but the harm they potentially could have caused. The act also adds a purpose clause to the sentencing provisions of the statutes it amends which would set out the fundamental purposes of deterrence, denunciation and restoration of that harmed environment. The act also emphasizes the importance of accounting for aggravating factors when determining appropriate penalties. It ensures that courts take into account damage to both the use and non-use values of the environment, ensuring that polluters pay the full value of any environmental damage they cause.

The Environmental Enforcement Act also directs environmental fines to the environmental damages fund, a special account in the accounts of Canada, from where they will be available to the community and other organizations for environmental restoration, improvement, research and development, and public education and awareness. This is a suiting penalty for someone who causes such degradation to our environment.

In closing, by its proposed federal sustainable development strategy and by the introduction of the new Environmental Enforcement Act, our government has already shown great support for the key principles of environmental law that Bill C-469 proposes to adopt as its guiding principles.

Therefore, our party, would like to see the debate on Bill C-469 continue in order to see how the bill would complement these and other existing measures and laws.

As an elementary school principal, a new school that I built was environmentally friendly. It was called a green school. It was one of the most modern green initiatives built by any federal or provincial government in Nova Scotia. The children who attended that school were versed in the green abilities of that school: the ability to take rain off the roof and use it to flush the toilets; and the ability to hydrate itself by taking moisture out of the air, reconstituting it and putting it back into the air of the school.

The children who go to school in a building like that will emerge from that school, after years of education, with a sound sense of protection of the environment and what a green school can do, what a green country can do, what a green nation can do and what a green world would do.

The next generation is something we need to concentrate on, which is why we are here in Parliament today talking about the environment and about protecting the sustainable development for the future. Anyone who chooses to ignore the next generation and to pollute our environment will have to pay. They need to ensure that any damage they do to our environment is restored by them. They may also have to pay penalties for the harm, not only that they have committed, but the harm they could have potentially committed. Those are the principles our government has put in place in several pieces of legislation. Those are the principles that are also contained in this bill.

On behalf of our government, we wish to see the debate on this bill continue. There are many good principles in this bill, many principles in this bill that our government supports.

However, there is a question we need answered? Would this bill cause redundancy in the other bills that have already been produced, both by our government and previous governments? How would those redundancies be overcome? Would they put unnecessary issues at work so that our government and future governments would have to deal with redundant statutes, redundant bills and redundant policies?

Not only must we ensure that we support the principles contained in Bill C-469, we also must ensure that any redundancies in current legislation or in current statutes do not impact the future of our environment, our children's environment and their children's environment. It is our responsibility to work together in this House to ensure, not only that the environment is safe and green for this generation and the next, but for all future generations in this country. Stewardship is very important.

As a parliamentarian, I ask us all to take a good look at the--

[Glenn Thibeault, NDP, Sudbury, ON]

Madam Speaker, I am very proud to rise in the House to support a historic federal bill, Bill C-469, An Act to establish a Canadian Environmental Bill of Rights. The bill would give Canadians the legal right to a healthy environment.

National governments across the globe are stepping forward to recognize the right to a healthy environment in their national constitutions. International bodies, regional authorities and local municipalities all over the planet are declaring rights to clean air, clean water and uncontaminated land. Environmental rights are enjoyed in over half the countries of the world, either through international agreement or by provisions of national constitutions.

Despite this global trend, environmental rights remain largely unconfirmed in Canada. The Canadian Charter of Rights and Freedoms does not address environmental protection or environmental health. In light of the momentous vote in favour of Bill C-311, the climate change accountability act last night, now is the time for Canada to step up to the plate.

Environmental rights are recognized by only four provincial and territorial laws: Quebec, Ontario, Northwest Territories and Yukon. I would like to congratulate these provinces and territories for being ahead of the federal government on this issue. In fact, Quebec's environmental quality act has been in place since 1978. The act recognizes the right to a healthy environment and to effective environmental protection. It allows for Quebec residents to seek an injunction or to stop unauthorized activity that is harming the environment.

The bill would create a federal and therefore national-wide framework to recognize and seek to protect the quality and health of the environment essential to human life and dignity. The bill recognizes that it is simply not enough to tell people that the government will protect the environment on their behalf. Instead, it would compel the government to protect the environment and it would give Canadians the ability to hold the government to account, not only at election time but whenever environmental offences occur.

Specifically, Bill C-469 would require the federal government to take action to protect the right of all Canadians to a healthy environment. It would ensure access to environmental information and grant the right for all Canadians to participate in environment-related decisions. It would compel the government to investigate and prosecute environmental offences. It would give all citizens the ability to take the government to court if it failed to enforce environmental laws. It would provide whistleblower protection to employees who reported environmental offences. These rights and duties are already found in the laws of over 130 other countries.

Let me provide the House and Canadians watching some examples. The constitution of Argentina recognizes that all inhabitants enjoy the right to a healthy, balanced environment which is fit for human development so that productive activity satisfy current needs without compromising those of future generations, and have the duty to preserve the environment. Damaging the environment generates the obligation to repair it as a priority in the manner that is established by law.

In 2005 France amended its constitution to include a charter for the environment that recognizes, among other things, a person's right to live in a balanced environment that shows due respect for health.

Most recently Ecuador passed a new constitution that recognizes the individual and community right to a healthy environment as well as direct rights for nature.

Recognizing environmental rights in Canada gives a voice and power to those most vulnerable to the harmful effects of environmental degradation.

For example, the Argentinian court ordered the government to provide drinking water to poor families living along the Suquia River after years of ongoing pollution from a malfunctioning sewage treatment plant. A court in the Philippines has ordered the cleanup of the highly-polluted Manila Harbour based on the constitutional right to a balanced and healthy environment.

There is support from the other opposition parties on this bill, in addition to prominent members of the environmental community who helped author this bill: Ecojustice, the Sierra Club and Friends of the Earth. Let us review what these environmental champions have to say about this legislation.

Margot Venton, an Ecojustice lawyer who played an instrumental role in this legislation, stated:

We are calling on our political leaders to rise above the gridlock of a minority government to embrace this transformative piece of legislation. Passing the Canadian Environmental Bill of Rights is both a rare and urgent opportunity for all parties to show political leadership at a time when it is sorely needed.

Jean Langlois, the national campaigns director of the Sierra Club of Canada, stated:

This is a historic opportunity for Parliament. The interests of individual Canadians are compromised when decisions run roughshod over our common natural legacy. Our legal system currently provides limited and costly opportunities for the public to address such injustices. The CEBR [this bill] would finally give all Canadians the tools necessary to protect their environmental rights.

Beatrice Olivastri, CEO of Friends of the Earth Canada, stated:

It’s time that Canada caught up with the rest of the world in recognizing the rights of citizens to a healthy environment. Canadians, everywhere in this country, deserve protection against environmental destruction and its negative impacts on their health.

We must listen and we must show leadership. It is time we caught up with the rest of the world in recognizing the rights of Canadians to a healthy environment.

By voting against Bill C-311 last night, the government again showed its complete disregard for the environment. The government has already weakened the environmental assessment process, silenced scientists who disagree with it and failed to act to protect species at risk. Yesterday, parliamentarians showed they can act when the government will not.

It is vital that we, as representatives of Canadians from coast to coast to coast, work together to act to protect the environment and pass this bill for the future of all Canadians.

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

Madam Speaker, I am very pleased to participate in today's debate, which is very important—fundamental even. I would like to thank the member for Edmonton—Strathcona for having introduced Bill C-469.

First of all, we support the underlying principle of the bill. We need to thank and congratulate a number of civil society groups, such as Ecojustice, which the Bloc Québécois leader and I met with over a year ago. The group helped us understand how important it is to have a Canadian environmental bill of rights.

We wholeheartedly support the five principles stated in this bill because we need to make fundamental changes to what I would call governance. We need to move toward a new form of environmental governance. Bill C-469 clearly moves us toward that goal because it incorporates the precautionary principle. This principle was developed in 1972 as part of the Stockholm convention, and it took root in 1992 at the Rio summit. This principle is fundamental. Lacking scientific certainty in various fields of human activity, we must act according to the precautionary principle.

This issue has been incorporated into some legislation. We would like to see it included in even more laws. Several environmental laws include the precautionary principle in their preamble, but we would like to see it in the laws themselves. That would force departments to make decisions about issues such as genetically modified organisms, for example. The precautionary principle is therefore fundamental.

The polluter pays principle triggers an important debate about what I call a green tax system. We have to ensure that every dollar spent is invested in renewable economies. That is not what Canada has done in the past. Since 1970, over $60 billion has been spent on tax breaks for the oil industry, while renewable energy has received just a few hundred million. We need changes to taxation in Canada; we need a green tax system.

If we undertake this change, we would respect the second principle in this bill, which is the polluter pays principle, and encourage true sustainable development. We have some tools at our disposition. For one, we have the strategic environmental assessment, which was passed in the early 1990s and which is a directive in the Prime Minister's Office. In theory, it forces each department to evaluate its plans, policies and programs to ensure that more than just economic issues are taken into consideration. Social and environmental aspects must be considered as well.

The third main principle in the bill is intergenerational equity. How can we guarantee that the resources we use today will also be available for future generations? We cannot make decisions based on a short-term outlook. We have to look at each decision and ensure that it will allow us to ensure a future, and better intergenerational equity as well as environmental justice.

We agree with part 1 of the bill, which says that every citizen has a right to a healthy environment. That is obvious. It is the right to life. It is the right to live in an environment where the air and water are of the highest quality so as to ensure human survival.

This is a fundamental right in part 1 of the bill.

Second, we agree with the principle in part 2 of the bill, which would put in place various mechanisms allowing for legal and civil action against the federal government and entities under its exclusive jurisdiction. I want to emphasize that. We support this bill because we believe that it and the bills of rights would apply to areas under federal jurisdiction. That is one of the reasons we are supporting this bill.

The third principle is the protection of employees. Mechanisms to protect employees are clearly set out in part 3 of this bill, and they are important. Why? Because scientists who become aware of a situation have to be able to tell the public about it when it poses a threat to humankind or the environment. Europe and especially France have what are known as “whistleblowers”. These people, who are sometimes ordinary citizens but more often scientists who work in government and become aware of something that could have a negative impact on the environment and humankind, decide to speak out publicly. We have to ensure that these scientists and ordinary citizens are not fired the next day, because in becoming aware of a situation they would run afoul of a government approach or ideological policy. So scientists are protected. I would hope that part 3 also protects these whistleblowers so that the public can find out about the real state of our environment.

Part 4 of the bill ensures greater independence by subjecting the government's messages and policies to analysis by independent parties. The Auditor General has a greater role to play. We have seen this in three bills: first, Bill C-288 on the application of the Kyoto protocol; second, Bill C-311 which aimed at following through on the Kyoto protocol; and finally, the sustainable development strategy that was adopted and that gives the Auditor General a clear mandate to independently analyze and verify the government's policies.

This is important because this independence is not always a given. We saw this with the instructions given to scientists. As we saw, scientists were not necessarily allowed to speak up. So this is about allowing independence. In a new environmental governance, independence is important. The media, businesses and scientists must all be independent in order to really engage in this new approach towards a real vision of sustainable development and to give scientists a chance.

I am thinking of GMOs in particular. Over the past several years, successive governments have refused to ask the Royal Society of Canada, an association of Canada's best and most eminent scientists, to assess the impact of GMOs on health and the environment. A government that valued independent thought and allowed scientists to do their work would have referred the GMO issue to the Royal Society of Canada for a truly independent analysis.

I will close with a brief quote from Albert Jacquard's latest book, entitled Le compte à rebours a-t-il commencé?, or “Has the countdown begun?”

For ages, humans have lived as though their time would never run out, as though progress would never cease to make the world a better place for us, as though humans would always grow richer, more beautiful and more capable, as though we could create an infinite number of nuclear bombs without ever having to use them, as though we had the right to plunder the planet's riches at will without ever making a dent in an endless supply. Those days are past. We now know that our time is running out and that if we continue to work against ourselves, we may well create a planet on which none of us want to live.

[Blaine Calkins, Conservative, Wetaskiwin, AB]

Madam Speaker, I was a little puzzled by the answer that my colleague gave to my question. I think her answer to my question was that presumably, if nobody did anything wrong or the government did all it was supposed to do, there would be no cost to the government. This begs the question of why the bill is needed in the first place, but I digress.

I appreciate the opportunity to rise today to speak to the issue of environmental rights and Bill C-469, An Act to establish a Canadian Environmental Bill of Rights.

In 1972, the delegates to the United Nations Conference on the Human Environment recognized the connection between economic development and the environment. Some 15 years later, the World Commission on Environment and Development took this concept further when it defined sustainable development as “development that meets the needs of the present without compromising the ability of future generations to meet their own needs”.

That definition has helped shape public policy, business strategies and individual choices for nearly a quarter of a century. It envisions a world where all decisions, including what we produce, what we buy, where we live and what we value, are informed by the need to take care of our planet. The concept of sustainable development is powerful because it recognizes the need to pay attention to and support three mutually reinforcing pillars: economic, social and environmental.

This is why our government has committed to the protection of the environment while maintaining a balance with the social and economic priorities of Canadians. Particularly in this context of economic recovery, our government wants to ensure that our economy remains one of the strongest in the industrialized world and that Canada is able to succeed in the modern economy. This is why in the last Speech from the Throne our government committed to building the jobs and industries of the future by completing the second year of Canada's economic action plan.

Bill C-469 recognizes in its preamble that Canadians understand the close linkages between a healthy and ecologically balanced environment and Canada's economic, social, cultural and intergenerational security. However, the government is concerned that the bill may not give appropriate emphasis to each of the three pillars of sustainable development. Bill C-469 sets out rights and government responsibilities related to environmental protection and it is not clear whether these are appropriately balanced with other socio-economic goals.

The bill introduces a series of substantive environmental rights. First, it would amend the Canadian Bill of Rights to include the right to a healthy and ecologically balanced environment as an element of the right to life, liberty and security of the person. It would also place an obligation on the government to protect this right. Finally, it would recognize the Government of Canada as the trustee of Canada's environment and oblige the government to preserve it in accordance with the public trust.

Bill C-469 establishes these rights in a much stronger, less balanced way than other similar environmental rights laws. Other Canadian jurisdictions that have adopted environmental rights legislation have taken an approach that allows the government to manage environmental, social and economic priorities together.

For example, the right to a healthful environment in the Quebec Charter of Human Rights and Freedoms is limited to what is provided by the laws of Quebec. Similarly, the protection of the right to a healthful environment, referred to in the Ontario Environmental Bill of Rights is limited to the means provided by the Ontario Environmental Bill of Rights.

In addition to the substantive environmental rights proposed in Bill C-469, the bill proposes a series of procedural environmental rights and obligations meant to improve public participation in environmental decisions and enforcement as well as access to environmental information. These include an obligation on the Government of Canada to ensure effective access to environmental information by making such information available to the public in a reasonable, timely and affordable fashion.

The bill could also oblige the government to ensure opportunities for effective, informed and timely public participation in environmental decision making, the right to request an investigation of an alleged environmental offence, whistleblower protection and the right to take action against offenders who cause environmental harm. It is important to keep in mind that the objectives of public participation in environmental decision making and access to environmental information are already provided for under existing federal legislation and policies.

For example, the Canadian environmental sustainability indicators initiative, renewed in budget 2010, provides Canadians with regular information on the state of our environment.

We have recently passed the Federal Sustainable Development Act, which requires the development of a sustainable development strategy that makes the government more accountable to Parliament for environmental decision-making.

The Canadian Environmental Protection Act, 1999, also provides for many of the rights promoted in Bill C-469, including access to proposed and existing policies, guidelines and regulations through the Canadian Environmental Protection Act, 1999, environmental registry, provisions for public participation in various stages of decision-making under the Canadian Environmental Protection Act, 1999, whistleblower protection and the right to request that the Minister of the Environment conduct an investigation of an alleged offence and potentially to proceed with an environmental protection action against an alleged offender.

The procedural rights provided under existing federal law contribute to the goals of public participation and access to information while recognizing responsible management of government and court resources.

While placing meaningful obligations on government and providing opportunities for recourse to the courts, the existing rights are tailored to ensure that procedural rights do not overwhelm government capacity or judicial resources. In turn, this ensures the three pillars of sustainable development are taken into account.

The procedural rights under existing federal laws are similar to the approach in other Canadian jurisdictions. For example, similar obligations and rights related to access to information and public participation are provided under the Ontario Environmental Bill of Rights.

Bill C-469, on the other hand, lacks similar limitations and could therefore have significant impacts on government resources.

Other procedural rights are also included in Bill C-469. For example, the bill would authorize any resident of Canada or entity that believes that an act, regulation, other statutory instrument or policy should be amended, repealed or made in order to protect the environment, to apply to the Commissioner of Environment and Sustainable Development for a review by the appropriate minister. This raises concerns over the extent and scope of the review to be undertaken, as well as the roles and accountabilities of Parliament, the Commissioner of Environment and Sustainable Development, the governor in council and ministers.

Finally, Bill C-469 would require that government bills introduced in the House of Commons and all new regulations be examined by the Auditor General to identify inconsistencies with the proposed environmental bill of rights. This would fundamentally change the role of the Auditor General by imposing on her a duty to provide legal opinions to Parliament. In contrast, under the Ontario Environmental Bill of Rights the obligation on the government to respond to such a request applies only to prescribed ministers.

In closing, while the government believes in the protection of the environment and the recognition of environmental rights, it is important to stress that the principle of sustainable development includes a balancing of environmental, economic and social goals.

It is also important to stress the existing environmental procedural rights under federal laws. Transparency and public participation in environmental decision-making, access to environmental information, and environmental accountability are already entrenched in our environmental laws in a manner that promotes financial responsibility and access to justice.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Madam Speaker, almost three decades ago, I drafted an environmental bill of rights with the northern Alberta environmental law section of the Canadian Bar Association. Sadly, that bill was squashed by the southern Albert bar.

Since that date, however, more than 130 nations have enshrined the right to a clean and healthy environment in their constitutions. Others have enacted national laws. A number of provincial governments in Canada, to their credit, have enacted environmental rights. Some have enshrined these rights in a stand-alone law, such as the environmental bill of rights in Ontario. Other provincial governments have incorporated an array of rights and duties in their respective environmental laws.

Past federal governments have also incorporated some limited government duties and citizen rights to environmental protection in federal statutes, but no comprehensive law has been enacted at the federal level to accord the right to all Canadians, regardless of where they live in this vast nation, to a clean and healthy environment. Equally rare are any mandatory duties imposed upon federal ministers or officials to take action to protect the environment, or to take precautionary measures to prevent harm to health and the environment.

There have been many public calls for an environmental bill of rights to ensure that all Canadians will receive equal protection for their environment and health. I am appreciative of the many legal experts who helped me in the crafting of this bill. I am also encouraged by the letters of support I am receiving from communities across the country, from Newfoundland to Victoria, from New Brunswick to Saskatchewan, from Alberta to the Northwest Territories.

The key purposes of the bill are the following.

It imposes environmental duties on the Government of Canada and extends clear environmental rights to Canadians. It grants every resident of Canada the right to a healthy and ecologically balanced environment. It imposes the obligation on the Government of Canada, within its jurisdiction, to protect those rights.

What new duties are imposed?

First, the bill imposes a legal duty on the federal government to protect the public trust, defined as the duty to preserve and protect the collective interests of the people of Canada in the quality of the environment for the benefit of present and future generations.

Various federal ministers are currently obligated to take specified actions to protect the environment or to prevent health impacts. For example, under the Canadian Environmental Protection Act, the federal Minister of Health is obligated and mandated to take action when she receives information that toxins may harm human health. Additionally, the federal Minister of the Environment is obligated to take action within specified timelines to protect endangered species.

However, what is groundbreaking about this bill is that it extends the duty to all federal authorities, in all federal decisions impacting the environment, to assert its jurisdiction and powers to protect the environment on behalf of all Canadians.

Where the government knows or suspects that a substance may harm the environment or human health, it should be duty bound to act. Where a species is endangered and in fact listed under federal law, the government should have the duty to act.

Second, the bill compels the government to provide effective, timely and affordable access to environmental information. Clear evidence of the need to make mandatory this duty is found in the recent awarding by the Information Commissioner of an F grade to Environment Canada and Natural Resources Canada.

Just this week, scientists testified before the parliamentary Standing Committee on Environment and Sustainable Development, calling for greater transparency in decisions about recovery plans for threatened species, if only to ensure that scientific information provided is factored into decision-making.

Given timely access to information, potentially impacted communities will be better able to hold federal ministers and authorities accountable to act in their interests to prevent harm or to require action by polluters. Government officials will be obligated to reveal to Canadians the negotiation positions by the government on critical environmental treaties and bilateral agreements.

Associated with this duty is the extension of whistleblower protection for any federal employees who participate in decision-making, who apply for investigations, who provide information, who give evidence, or refuse to act in good faith.

Third, under this proposed law, the federal government must also ensure timely and effective public participation in decision-making on federal laws and policies related to the environment. This enshrines a commitment made by Canada in ratifying the Rio convention and as signatory to the North American agreement on environmental cooperation.

What new rights are accorded or embellished under Bill C-469? The bill enshrines a bundle of environmental rights. It accords the necessary rights and standing to Canadians to ensure access to environmental justice. This includes seeking court intervention where the government fails to comply with legal duties to protect the environment, or human health impacts, or to enforce federal environmental laws.

Any resident of Canada or entity such as an environmental non-government organization will have standing to bring a public trust action against the Government of Canada for failing to meet its duties as trustee of the environment. The courts are accorded broad and innovative powers in a successful action, including restoration, preventive measures, or order for production of a compliance plan, all sensible results. They may suspend or cancel permits or require posting of financial collateral.

Standing is also accorded to bring civil actions against violators of federal environmental laws where the offence has resulted, or may result, in significant environmental harm. Obviously, it adheres to the precautionary principle. This extends the right of standing beyond a more narrow class of persons who may be deemed directly impacted. Any Canadian will have the right to seek the review or enactment of any federal environmental law or policy.

Any resident of Canada will be able to seek the investigation of an offence under any federal environmental law. While this right is provided under some federal environmental laws, such as the Canadian Environmental Protection Act, this would extend that opportunity for all laws, whether related to toxins, fisheries, wildlife, climate change, or environmental assessment.

Recently, the government tabled an omnibus bill to make more consistent enforcement provisions across the law. This would do a similar action in according equal rights and obligations across all environmental statutes. Canadians are also granted the right to seek an interim order to prevent significant environmental harm. Clear criteria are specified for the court to consider in granting such an order. This is consistent with the direction the government has taken in criminal law. Clearly the laws on the environment should also follow a consistent direction. The order may issue a cleanup order, a restoration order, or fines directed to environmental protection for monitoring.

In closing, I would like to share with the House a quote which regularly inspires me in taking action to protect the environment. I have spent more than 35 years in my career as an environmental lawyer representing the interests of the public of Canada and abroad to ensure that they have equal rights and that government is obligated to take action. This is a quote by George Cheever:

The man who can really, in living union of the mind and heart, converse with God through nature, finds in the material forms around him, a source of power and happiness inexhaustible, and like the life of angels.

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

Madam Speaker, I rise on a point of order with respect to Bill C-469, An Act to establish a Canadian Environmental Bill of Rights, sponsored by the member for Edmonton—Strathcona.

Without commenting on the merits of the bill, I submit that it would require new spending not authorized by Parliament. The second edition of the House of Commons Procedure and Practice states on page 834:

—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.

Bill C-469 would establish a Canadian environmental bill of rights. The bill raises problems with respect to new spending in two areas. First, part 2 would authorize environmental protection action 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 environmental harm.

As a result, clause 19 in part 2 would create potential new legal liabilities for the government by adding the power to enable 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. Clause 19 would result in a potential increase in the government's legal liabilities since payments resulting from decisions of the Federal Court would be made from the consolidated revenue fund.

Procedural authorities and precedents indicate that such a measure would require a royal recommendation. The 21st edition of Erskine May states on page 714:

Any proposal whereby the Crown would incur a liability or a contingent liability payable out of money to be voted by Parliament [requires the Queen's recommendation].

On June 12, 1973 the Speaker of the House of Commons ruled that a royal recommendation was required for Bill S-5, an act to amend the Farm Improvement Loans Act. He stated:

It may be said that the proposal in Bill S-5 does not in itself propose a direct expenditure. It does, however, propose substantial additional liabilities on public moneys.

On May 25, 2009 the Speaker of the other place ruled that Bill S-219, an act to amend the Bankruptcy and Insolvency Act (student loans), required a royal recommendation because it would increase the Crown's liability under the Canada Student Loans Act. The Speaker stated:

Bill S- 219 would expand the range of conditions under which the government would have to make good its guarantee of loans under the Canada Student Loans Act. This would change the existing scheme, since payments from the Consolidated Revenue Fund might increase due to the change in possible obligations. As such, the bill should have a Royal Recommendation--

While the Crown Liability and Proceedings Act establishes a general process for settling civil judgments, Bill C-469 would establish a new mechanism for creating civil liability judgments, thereby expanding the objects and purposes of the royal recommendation that accompanied the Crown Liability and Proceedings Act. The sixth edition of Beauchesne's Parliamentary Rules & Forms states on page 183:

—an amendment infringes the financial initiative of the Crown not only if it increases the amount but also if it extends the objects and purposes...expressed in the communication by which the Crown has demanded or recommended a charge.

The second problematic area of Bill C-469 is part 4, which would add additional functions for the Auditor General not currently authorized in the statute, which would require new government spending. Part 4 would require the Auditor General to:

—examine every regulation transmitted to the Clerk of the Privy Council for registration pursuant to the Statutory Instruments Act and every Bill introduced in or presented to the House of Commons by a minister of the Crown, in order to ascertain whether any of the provisions thereof are inconsistent with the purposes and provisions of the Canadian Environmental Bill of Rights and the Auditor General shall report any such inconsistency to the House of Commons at the first convenient opportunity.

Section 5 of the Auditor General Act sets out the powers and duties of the Auditor General. It states:

The Auditor General is the auditor of the accounts of Canada...and as such shall make such examinations and inquiries as he considers necessary to enable him to report as required by this Act.

The act is clear that the Auditor General has discretion in the examinations and inquiries that she wishes to undertake. Bill C-469 would change that by requiring the Auditor General to examine all regulations and bills introduced in the House of Commons.

The role of the Auditor General is an audit function. This means that the Auditor General can examine and inquire into the performance of a program, money spent on a particular program, and examine financial statements. What is not provided for is a perspective analysis of the impact of proposals not yet implemented. Yet, this is exactly what Bill C-469 calls for, to study policy proposals before the House of Commons.

The Auditor General's website is clear on this point. On choosing topics for performance audits, it states:

The Auditor General does not audit topics that fall outside the Office’s mandate. Examples are all policy decisions, which are the prerogative of Parliament and government--

Precedents indicate that substantive mandate changes require a royal recommendation. On February 11, 2008 the Speaker ruled on Bill C-474, National Sustainable Development Act, that:

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

In conclusion, Bill C-469 would increase spending through provisions to increase government liabilities and through provisions to expand the mandate of the Auditor General, and therefore would require a royal recommendation.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

moved that Bill C-469, An Act to establish a Canadian Environmental Bill of Rights, be read the second time and referred to a committee.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

moved for leave to introduce Bill C-469, An Act to establish a Canadian Environmental Bill of Rights.

Mr. Speaker, I would like to thank the member for Halifax for seconding my bill. She is a tribute to the House, and I am delighted that she is here in the House with us. She strives for justice every day in the House.

The bill, the environmental bill of rights, is being tabled for the purpose of safeguarding the rights of the present and future generations of Canadians to a healthy and ecologically balanced environment. It confirms the Government of Canada's public trust duty to protect the environment under its jurisdiction and ensures that all Canadians have access to adequate environmental information, justice and effective mechanisms for participating in environmental decision making.

It provides adequate legal protection against reprisals for employees who take action for the purpose of protecting the environment, and it enhances public confidence in the implementation of environmental law.

(Motions deemed adopted, bill read the first time and printed)