Bill C-383 (Historical)

Transboundary Waters Protection Act

An Act to amend the International Boundary Waters Treaty Act and the International River Improvements Act

This enactment amends the International Boundary Waters Treaty Act to prohibit the bulk removal of transboundary waters. Some definitions and exceptions that are currently found in regulations are transferred to the Act. The enactment also provides for measures to administer and enforce the Act. Lastly, it also makes a consequential amendment to the International River Improvements Act.

Transboundary Waters Protection Act

[Larry Miller, Conservative, Bruce—Grey—Owen Sound, ON]

moved that Bill C-383, An Act to amend the International Boundary Waters Treaty Act and the International River Improvements Act, be read the second time and referred to a committee.

Mr. Speaker, it gives me great pleasure to begin second reading debate on Bill C-383, An Act to amend the International Boundary Waters Treaty Act and the International River Improvements Act. It sounds like a mouthful, but the subject matter of this legislation is straightforward and simple. It is simply to strengthen protections at the federal level to ensure that our waters are protected from bulk water removals.

I would like to thank my hon. colleague from Mississauga South, a relative rookie MP but a great colleague and a member who has a riding that borders on one of the Great Lakes and who realizes the importance of our water. I would like to thank her for her work on that.

Preserving and protecting Canada's freshwater has been a concern of mine for many years. Representing my constituents of Bruce—Grey—Owen Sound, a riding that is defined by Lake Huron and Georgian Bay, which surround it on three sides, I understand very well the significance of freshwater to Canadians.

I am often asked what prompted me to put this bill forward. There are many who have said that I could have waited for the government to put this forth rather than introduce it as a private member's bill. However, I saw a need for the protection of our water and decided to act. I personally live on Georgian Bay and our lakes and waters are extremely important to me. I want to ensure that our freshwater will remain where it belongs: in Canada. I am hopeful that my granddaughters will be able to grow up and know the water in Canada will not be leaving.

For Canadians, water is more than a natural resource. It is one of the symbols that defines our country. Whether it is water found on our glaciers, on the Great Lakes, our large and small rivers and the almost countless lakes, ponds or fishing holes across this country, our freshwater is an important part of who we are and the protection of Canada's water is of paramount importance to Canadians in all parts of the country.

Our government has been committed to protecting our water and has introduced many measures to ensure that our water remains safe. We recently announced measures to protect our Great Lakes from Asian carp. Over the next five years, $17.5 million will be allocated to systems of prevention, early warning, rapid response and management and control against the invasion of Asian carp. We have also created tougher laws on the dumping of ballast water and introduced many other measures to protect our lakes.

Canadians want us to ensure that our waters are well protected. They want to know that Canada's freshwater will remain in Canada, supporting healthy ecosystems and communities. They want to know that both the federal and provincial governments have strong protections in place to protect waters under their jurisdictions from schemes or projects to remove them in bulk. After all, bulk removal would be a permanent loss of water from their ecosystems and communities and would risk upsetting delicate ecological balances, as well as depriving communities of an essential resource.

Before getting into the details of the proposed changes to the International Boundary Waters Treaty Act and the International River Improvements Act that are found in this legislation, let me provide some background on the protections that are currently in place to ensure that our water remains within Canada and protected from the harmful impacts that bulk removal would cause.

I am pleased that the waters in my back yard, Lake Huron, Georgian Bay and all the Great Lakes, are already protected from bulk removals. However, under the International Boundary Waters Treaty Act, bulk water removals are prohibited from boundary waters. Boundary waters are those waters through which the international boundary passes. The statute is explicit in this regard. Section 13 of the act states, “no person shall use or divert boundary waters by removing water from the boundary waters and taking it outside the water basin in which the boundary waters are located”.

Looking at the Great Lakes, I should also add that the provinces of Ontario and Quebec and our neighbours in the United States share the view that bulk diversions of water from the Great Lakes Basin are not desirable and that these waters should be protected. The Great Lakes compact, signed into U.S. federal law in 2008, contains strong protections against bulk diversions of water outside of the U.S. portion of the Great Lakes Basin. The eight Great Lakes states signed a related side instrument with the governments of Quebec and Ontario as part of that compact and they now work closely together on this and other Great Lakes issues.

Our provinces are focused on protecting water resources within their territories and for some time now provinces have had laws, regulations or policies in place to prevent the bulk removal of water. Going forward, therefore, they have a vital role in continuing to protect and maintain this important natural resource. The provinces recognize this. They have different ways of protecting waters under their jurisdictions, but are all committed to ensuring that water resources are protected and maintained for Canadians. I recognize that any way forward involves the federal government working closely with the provinces.

I have provided some background on the protections already in place to prevent the bulk removal of water. However, as I have said, we have good protections but there is an opportunity to go further. Public policy advocates have identified the lack of federal protections for waters, other than boundary waters, and have brought these concerns to our attention. For instance, there are no federal protections to prevent the bulk removal of water from transboundary waters. Transboundary waters are those waterways, such as rivers, that flow across the international boundary with the United States. This area was a focus of our government's previous legislation, Bill C-26, and is now found in Bill C-383. Everyone will know that Bill C-26 died on the order paper when we were forced into an unnecessary election a year ago.

A major focus of the legislation is to bring a coherent federal approach to covering boundary and transboundary waters. The foundation of our existing legislation is the view that water is essential to the functioning of healthy ecosystems and, by extension, to supporting healthy communities. Therefore, any removal of this water in bulk is deemed to be a permanent loss from the basin. Given the dependency of ecosystems and communities within a basin on its supply of water, we consider bulk removable to be unsustainable and having the potential to cause great harm to the environment.

First, Bill C-383 would amend the International Boundary Waters Treaty Act to provide transboundary waters with the same bulk water removal prohibitions as those currently in place for boundary waters. By bringing transboundary waters under the same protections as those for boundary waters, all waters that are covered by federal jurisdiction are brought under the same prohibitions against bulk water removals. In so doing, I must stress that the role of the provinces is respected. As a natural resource, the provinces maintain that jurisdiction over water within their territories. Some criticism of the bill was why it did not go into provincial jurisdictions. I deliberately stayed out of there. Provinces, like Alberta and Quebec, have always been sensitive to intervention by the federal government. When it is unnecessary, as in this case, we should stay out of there. We will leave that up to them. Our waters are protected.

For water on the international boundary, or for those crossing the border, the federal government maintains a jurisdiction as well. Taking this step, the federal government is ensuring that its current jurisdiction is exercised and that all waters under federal jurisdiction are treated equally.

Second, the bill makes further changes to strengthen the International Boundary Waters Treaty Act. Amendments to this act bring some of the definitions and regulations currently found in the international boundary waters regulations into the act itself. This is an additional strengthening of the act because it would now entrench key definitions, such as what constitutes the removal of water in bulk. Moreover, any exceptions of bulk removal would have to be approved by Parliament. By being in the act, the exceptions are clear. They cannot be changed or weakened unless it is the will of Parliament to change them.

I should be clear that the exceptions considered have to do with water used for such things as ballast or water used in a vehicle that transports animals or people outside the basin. The exceptions also allow for the removal of water temporarily for emergency or humanitarian purposes, such as firefighting, but not for commercial purposes. These exceptions are understandable and do not violate the purpose of the bulk water prohibition. I want to ensure that nothing in the act prevents those important exceptions from taking place.

Moving some of the definitions and exceptions from the current regulations into the act incorporates some of the changes promoted by two former senators, Pat Carney and Lowell Murray, who were long-time strong advocates for protecting Canada's waters.

In bills that those two senators introduced in the other place, they expressed the position that these exceptions were reasonable, but they worried that they could be too easily changed if they existed in regulation only.

In former Bill C-26, the government's bill during the last Parliament, these provisions were included, and I believe they should be included in the bill we are debating today. These provisions make the International Boundary Waters Treaty Act a stronger statute. I thank the two senators for their hard work on this issue over the years.

To further strengthen protection, Bill C-383 includes a provision not found in former Bill C-26. We have included an amendment to the International River Improvements Act that would prevent linking non-transboundary waters with a waterway flowing across the border for the purpose of increasing the annual flow of this waterway. This is significant as it would prevent an international river, that is a river flowing from any place in Canada to any place outside of Canada, from being used as a conveyance to move water out of this country.

Finally, I will take a moment to discuss the enforcement and penalty provisions in this bill. Bill C-383 would amend the International Boundary Waters Treaty Act to authorize the minister to designate inspectors for the purpose of verifying compliance with the act. Furthermore, it introduces a sentencing and penalty regime to the act, puts in place minimum penalties for certain offences and substantial maximum penalties, and directs courts to impose additional fines on offenders when the offence involves aggravating factors, such as damage to the environment and when the offender has profited from the offence.

I am pleased to present this bill for debate to the hon. members of this House. While protections currently exist at the federal and provincial levels, there is an opportunity to make these protections stronger.

It is my firm belief that Canada's water should remain in Canada for the use of Canadians. I am committed to ensuring that Canada's water cannot be removed in bulk from our transboundary and boundary waters, and believe that the amendments introduced in the legislation serve to achieve that purpose.

It is fair to note that a lot of members from all parties across the House have indicated their support for this bill, even some individuals who represent small parties, and I appreciate that. I think everyone realizes the importance of this bill and I hope everyone takes due consideration of it. It is a bill in which politics has no part.

Some critics of the bill have expressed concern about there being nothing in the bill that would stop the bottling of water, which would include not just water itself but breweries, soft drink companies, fruit drink companies, et cetera. I deliberately left that out because, in my opinion, that kind of thing is not what one would call bulk water removal. We know the flow of drinks of all kinds, alcoholic and non-alcoholic, make their way across the country and, indeed, around the world and it would be foolish to include that in here.

I thank all my colleagues who have indicated their support for this bill. I again thank the members from the other side of the House who have indicated their upcoming support for this bill. I encourage everyone to get behind this bill.

[Jamie Nicholls, NDP, Vaudreuil—Soulanges, QC]

Mr. Speaker, our party does intend to support the bill at second reading and I applaud the member for introducing it. It is important legislation that would contribute to safeguarding our water.

The member mentioned the $17.5 million put toward protecting Asian carp and yet the parliamentary secretary travels to a foreign capital to urge it to loosen its ballast water regulations. There is a bit of an imbalance in terms of the approach the government is taking, which leads me to my question.

Protecting our water resources requires strong environmental regulation. We have seen from the omnibus legislation that is coming down that those regulations will be loosened. While I applaud the member for this legislation, I wonder how the government will be able to deal with protecting biodiversity, protecting the integrity of our soil, our air and our water. Could the member speak to this? Maybe he has other legislation prepared to fill in the gaps that would be created by Bill C-38?

[Larry Miller, Conservative, Bruce—Grey—Owen Sound, ON]

Mr. Speaker, I thank my hon. colleague for his question and for his positive comments on the bill. As for his comments about a minister's comments on ballast water, I am not familiar with the comments he is referring to. However, I can tell the member that his wording of “loosening” certainly would not be a true statement because we have tightened the ballast laws on incoming foreign ships into the Great Lakes system and other lakes and rivers in Canada, not loosened them. Therefore, he is certainly mistaken there.

As far as Bill C-38, there are all kinds of good stuff in there and fear-mongering by the opposition and others about some of those changes are simply that, fear-mongering.

[Jack Harris, NDP, St. John's East, NL]

Mr. Speaker, I also thank the member for bringing forth this bill. It is very useful legislation.

In my province of Newfoundland and Labrador, a number of years ago there was a proposal to ship water in bulk out of a place called Gisborne Lake.

One of the concerns raised, and this might fall into his fear-mongering category but it was believed by us, was that once we start exporting water in bulk by shiploads, it then becomes a commodity and perhaps subject to the NAFTA rules and then we cannot stop doing it and we turn water into a commodity, which we feared at the time and it was a grave concern.

Does the member share that concern? Is that one of the reasons that he is bringing forth this particular legislation?

[Larry Miller, Conservative, Bruce—Grey—Owen Sound, ON]

Mr. Speaker, the member is exactly right. I agree with him that water is a resource. However, like oil, timber or gold, it is not a commodity and should not be treated as such. The Prime Minister has been very clear on that in the last five or six years.

That is a question that I could have written myself. I thank the member for allowing me the chance to clear that up. I appreciate his support and thank him for realizing that water is not a commodity to be traded like other resources.

[Stella Ambler, Conservative, Mississauga South, ON]

Mr. Speaker, I also thank my colleague from Bruce—Grey—Owen Sound for bringing forward this very valuable legislation.

Does the member believe that this is a bill that would benefit just rural Canadians or would it also benefit Canadians living in urban area, the banning the bulk water transfers?

[Larry Miller, Conservative, Bruce—Grey—Owen Sound, ON]

Mr. Speaker, I thank the member for Mississauga South for her work in support of the bill. She is absolutely right in pointing out that there might be different meanings to our freshwater from rural to urban, but urban ridings and communities like her own probably in some ways have more to gain from that. My drinking water, even though I come from a small community on Georgian Bay, comes directly out of Georgian Bay. Therefore the protection of both its quality and quantity is of the utmost importance, by all means.

We welcome people from her riding to come to my riding and enjoy the water in other ways.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Mr. Speaker, I commend the member for Bruce—Grey—Owen Sound for this legislative initiative intended to better protect Canada's fresh water. The member dares tread where his government has refused to go, namely, toward protecting Canada's fresh water from the future threat of export in bulk.

Bill C-383 highlights the government's continued and stubborn inaction on this vital national issue. However, the fact remains that Bill C-383 is a timid response to four years of Liberal pressure on the Conservative government to show robust federal leadership on pre-empting bulk water exports. In the end, I believe Bill C-383 is intended as face-saving legislation meant to inoculate the government against charges it is not protecting Canada's fresh water.

Liberals nonetheless support sending the bill to committee to examine its shortcomings, of which there are at least five.

First, the bill is incomplete. It fails to cover the vast majority of Canada's fresh water. It leaves out of its scope more than 90% of Canada's water resources.

In retrospect, the government should not have combined with the Bloc Québécois to defeat Liberal Bill C-267, which was comprehensive and watertight legislation covering all water basins in Canada. For the record, two courageous Conservative MPs broke ranks and voted for the Liberal bill.

Bill C-267 was developed by Canada's foremost water policy experts and would have protected Canada's water from export in the event a province decided to lift its own internal prohibition on selling water in bulk outside its borders. At the moment, any province could lift its prohibition against bulk water exports at any time in future in response to economic or political pressures. Unlike Bill C-267, Bill C-383 does not provide a backstop against such an eventuality.

Bill C-383 fails to create an over-arching national prohibition against moving water from anywhere in Canada to the United States or elsewhere that would fill the void should a province lift its ban on water exports. Bill C-267's prohibition on taking water out of its home basin anywhere in Canada so as to protect aquatic ecosystems was such over-arching legislation.

Second, Bill C-383 may be dangerously counterproductive. It may unwittingly leave Canada open to a trade challenge under NAFTA should a province together with, say, an American entrepreneur decide at some point in future to challenge the bill's putative prohibition on water exports by pipeline. In other words, rather than resolving the current uncertainty surrounding the status of fresh water under NAFTA, Bill C-383 may amplify this uncertainty. I will explain in a moment.

In the meantime, I should mention that Bill C-267 avoided the possibility of a NAFTA challenge because it was primarily environmental legislation, not an attempt to create a trade barrier.

Third, Bill C-383's prohibition on moving water to the U.S. through transboundary rivers does not break new ground in protecting Canada's water security and sovereignty. It merely formalizes the core principle in the 1909 Canada-U.S. Boundary Waters Treaty which stipulates that neither country shall do anything to affect water levels on the other side of the border.

Fourth, while Bill C-383 has intuitive appeal because one can visualize rivers flowing into the U.S. acting as conduits for water exports, the fact is that most water export projects will likely involve tanker trucks, tanker ships, water bags, or pipelines.

The grandiose water diversion schemes where northward flowing Canadian rivers are reversed and diverted south to the U.S. appear to be a dream from the past. For example, the GRAND Canal project developed in the 1950s by Newfoundland engineer Tom Kierans is perhaps the most well-known and iconic of these unrealistic water export schemes. It envisioned among other things using transboundary rivers to channel water normally flowing northward toward Hudson Bay southward to the U.S. Not only does Bill C-383 merely consolidate prohibitions on water diversions implied in the boundary waters treaty of 1909, its approach appears to be outdated.

Finally, it bears mentioning that Bill C-383 does not prohibit water exports by tanker truck, tanker ship, or water bags from non-boundary waters, or even possibly by pipeline. For example, Bill C-383 would not have stopped Sun Belt Water's attempt in the 1990s to export water from B.C. coastal streams to Goleta, California in the absence of the fortunate provincial action that followed to block the company's efforts. Nor would it prevent the export of water from Newfoundland's Gisborne Lake should the current provincial prohibition on bulk water exports in that province ever be lifted.

Some would argue that exporting the water from coastal streams carries no negative consequences because such water is lost to the ocean anyway. Coastal streams do support sensitive coastal ecosystems, including spawning grounds.

As Ph.D. student and water expert Janine MacLeod has said, “The outflow of fresh water into the oceans at deltas and estuaries is not 'wasted'”.

With respect to pipelines, which are perhaps a viable means of someday exporting water to the U.S., Bill C-383's attempt to block water exports by such means could prove problematic. It is difficult to fathom that a Canadian law eliminating the possibility of building a pipeline from, say, a Canadian inland body of water into the U.S. would not be viewed by a NAFTA tribunal as a barrier to trade. It is one thing, as the bill does, to ban the construction of a pipeline into a transboundary river that would change the river's water levels in violation of the Canada-U.S. Boundary Waters Treaty, but it is quite another to, as the bill also claims to do, legislate a ban on building a pipeline to carry water for export across the Canada-U.S. border and pretend that such a conduit, at the point where it crosses the border, becomes de facto a transboundary river—in other words, like water flowing in its natural state—and hence falling outside of NAFTA's provisions against erecting barriers to trade, according to some experts.

While some would argue that water in a pipeline is not a product in the strict sense, it is not really water in its natural state either. It is water that definitely has been captured. In conjunction with the fact that in the U.S. water in its natural state is viewed legally as a good because it is used to produce goods, it is not outside the realm of plausibility that a NAFTA tribunal would rule that water crossing the border in a pipeline should be seen as having entered commerce and that any attempt to prohibit such commerce constitutes an illegal barrier to trade under the agreement.

We have had mixed signals from Conservatives on the issue of bulk water exports for years. The current Conservative government, as well as previous incarnations of the governing party, have a history of sending contradictory signals with respect to their interest in and desire to prohibit bulk water exports, beginning with the Mulroney government through to the Canadian Alliance to the current government. Let me explain.

In order to allay fears that free trade with the U.S. would result in Canada eventually having to export its water south of the border, the Mulroney government introduced Bill C-156, which would have banned large-scale water exports. The bill died when Parliament was dissolved for the 1988 free trade election and it was not revived after Mr. Mulroney was returned to power in that election. No wonder there are those who believe the bill was merely a symbolic gesture meant to blunt opposition to the impending Canada-U.S. free trade agreement from those who feared a sellout of Canada's water resources if the agreement came to pass.

Later, in opposition, the Canadian Alliance admitted that NAFTA leaves Canada vulnerable to market-driven bulk water exports. Speaking in the House of Commons at the time, the current Parliamentary Secretary to the Minister of Foreign Affairs thus advocated for reopening NAFTA to insert a specific exemption for water, similar to that which the agreement granted to Canada's cultural industries.

More recently, in its 2008 Speech from the Throne, responding to the earlier introduction of Liberal private member's Bill C-535, a predecessor to Bill C-267, the Conservative government promised to introduce legislation to ban bulk water exports by prohibiting interbasin transfers of water within Canada. This commitment reversed the government's position to that point that federal action on the issue of bulk water exports was unnecessary because of existing provincial prohibitions. However, the government never followed through on its commitment, reversing itself yet again, arguing as recently as this past fall that federal legislation to ban bulk water exports remains unnecessary.

In conclusion, Bill C-383 is a very modest step in the right direction by a member who has obviously grown weary of his government's procrastination on an issue of prime national importance involving our most vital natural resource. The bill appears to have serious shortcomings, including the fact that it could even weaken Canada's ability to control its water future.

We look forward to exploring these possible shortcomings in committee.

[Jonathan Genest-Jourdain, NDP, Manicouagan, QC]

Mr. Speaker, in my constant quest to convey the viewpoint of members of isolated communities, I would like to take the opportunity presented by our examination of this bill in order to inform the entire Canadian population of the destructive impact of indiscriminate extraction of natural resources in remote areas.

I represent a riding that covers over 220,000 square kilometres. It begins at the 50th parallel and goes all the way up to the 53rd parallel. It is also important to understand that my riding is completely covered by forests. There are 22 watersheds—I checked this number—in my riding. I thought it was important to share certain information that has to do with preserving the integrity of this resource.

Industrial vitality is palpable in my riding on a daily basis, as equipment, heavy machinery and workers are forced to roll through the urban centres before heading off onto the land. The urban centres are the cities of Sept-Îles and Baie Comeau. There is only one highway, highway 138. The drilling equipment used for all mining and forestry initiatives—basically, all equipment—comes through on highway 138. The road has suffered the consequences of this heavy traffic.

It is crucial that we pay more attention to the real environmental footprint of these extraction initiatives on traditional Innu and Naskapi lands. I would like to reiterate that these are traditional lands, and I will expand on these comments a little later on.

When I returned to my riding after my university studies, I did legal aid work for two years. After that, my band council, the council of the Innu Takuaikan Uashat Mak Mani-Utenam nation, approached me and offered me a position as a legal advisor to the community management organization, the band council.

Early in my mandate, I was tasked with handling consultation requests from Quebec's provincial department of natural resources and wildlife. About two or three times a week, my band council received consultation requests regarding various mining and forestry development initiatives.

I used the services of a cartographer, Carole Labarre, who is from my riding and my own community.

Each request was recorded and placed on a map to make it easier for everyone in the community to understand. Each initiative that targeted the traditional lands of designated families was placed on the map.

I was asked to carry out a rather summary analysis. When we looked at the map, we saw that these initiatives were mostly located in areas with water resources or watersheds. We realized that the mining industry was putting its equipment and facilities near waterways because it needs water, especially for drilling and lubricating drilling equipment. That is one of the issues I am attempting to highlight.

Over the years, and based on my observations, I criticized the poor management of natural resources by provincial authorities.

I would like to note in passing that the provinces are primarily responsible for the water within their boundaries.

By extension, the shortcomings with respect to the guidelines for and monitoring of the construction of industrial infrastructure in areas with significant water resources lead me to doubt the true extent of government efforts with respect to freshwater resource management.

To support my comments, I will refer to the specific case of Lake Kachiwiss. When I was working for my band council, it received a request for consultation regarding uranium exploration near Lake Kachiwiss, which is located about 10 km from Sept-Îles.

I was asked to go to the site with other representatives of my community to verify the extent of the real footprint of drilling and prospecting in the area. Photos were taken. We were accompanied by experts. We carried out analyses. We also took water samples, which were sent to Quebec City for analysis.

When we arrived at the site, we could clearly see that the drilling sites were very close to water supplies.

There were drilling sites in the mountains and every site was linked to a stream. We also noticed that many containers of fuel and oil had been left at the site and some had spilled. Oil had spilled into the basins on the mountainside. This is an example of the negative impact of the absence or lack of follow-up in these undertakings.

There were risks at the mining exploration stage, not to mention the risks involved in drilling to the water table, since we were talking about uranium. Radon gas might reach the water table. Things were already problematic at the exploration stage.

I thought it would have been better to address the challenges of maintaining the integrity of the surface water in the north before dealing with the issues related to bulk water exports. Even though the bill concerns bulk water exports, I wanted to highlight the fact that preserving the integrity of the resource is essential because, in the end, water is vital to human existence. To even consider economic development, we have to safeguard the quality of the resource.

I do hope that the Conservatives are duly noting what I am saying since they are in charge of the situation.

Considering how vital this prized resource is, it is essential to safeguard its integrity, and to exclude any notion of profit associated with a hypothetical economic potential. We know that this resource has economic potential. However, as I was saying, it is best to make the efforts needed to safeguard the quality of the resource. I submit this respectfully.

[Bob Dechert, Conservative, Parliamentary Secretary to the Minister of Foreign Affairs]

Mr. Speaker, I am pleased to rise today to lend our government's support to my hon. colleague, the member for Bruce—Grey—Owen Sound, and to take a few minutes to discuss what I believe is an important subject for all Canadians. The member for Bruce—Grey—Owen Sound has a long history of working to protect Canadian waters and has been an advocate on behalf of the Great Lakes, for instance, going back many years.

Bill C-383, transboundary waters protection act, aims to prohibit the bulk removal of water from Canadian transboundary waters, which are waters that flow across the border, and to further strengthen protections against bulk removal from boundary waters, which are waters like the Great Lakes that straddle the border. The bill would be an important improvement for protecting Canada's water resources. A similar version of this legislation was tabled in the previous Parliament by the Minister of Foreign Affairs and in the 2008 Speech from the Throne. Our government committed to introduce legislation to ban all bulk water transfers or exports from Canadian freshwater basins. Bill C-383 would achieve just that.

My hon. colleague mentioned earlier today that previous legislation unfortunately died on the order paper as a result of that unnecessary election in May 2011. I have to say, the result was a good one: a strong, stable, national majority Conservative government. It has brought a number of good members to this House, such as the member for Mississauga South, who spoke earlier today, the member for Simcoe—Grey, the member for Yukon and many others. For that, I guess I am grateful for that unnecessary election.

As my hon. colleague pointed out, there are already protections in place at the federal level under the International Boundary Waters Treaty Act to protect boundary waters such as the Great Lakes, but there are also possibilities for improvement. This bill strengthens these protections in several ways.

First, as I have already said, transboundary waters would now be protected in the same manner as boundary waters. Bill C-383, by expanding the protections to transboundary waters, also expands the area covered by a bulk water removal prohibition. Now the protections would extend to transboundary waters throughout the country. The legislation would amend the International Boundary Waters Treaty Act to have these basins named in the act itself and not just in the regulations.

The second area of improvement in Bill C-383 is that the penalty provisions and enforcement mechanisms would be tougher. The bill would provide the Minister of Foreign Affairs the power to designate inspectors to verify complaints with the act. As my colleague previously stated, there are provisions in this bill, including minimum and maximum penalties, for violations of the law.

The bill would improve on current protections by moving certain definitions and exceptions from the regulations into the act itself. This would codify them into the act, ensuring that parliamentary approval would be required to make any future changes to the exceptions.

I carefully watched the House debate on Bill C-267. I know that several members in the NDP expressed their concern about a government being able to rewrite exceptions or definitions almost at will. Well, by moving exceptions and definitions into the statute, Bill C-383 would make it much more difficult to make any such changes. As a matter of fact, it would require parliamentary scrutiny.

Long-time water advocates, such as former Senator Pat Carney and other senators, pressed for this while they were in the other place. These senators, like many others who follow water issues closely, recognize that the exceptions in this act are reasonable. For example, an exception for short-term, non-commercial bulk removal in order to supply water to put out a massive forest fire is not unreasonable, but rather a humanitarian need.

We need these exceptions in the act. We would not want to stand in the way of a humanitarian action by telling our neighbours that we would not allow the removal of water to put out a fire because it is against the law in our country. Instead, we want to ensure that there is a place for reasonable exceptions and that those exceptions are stated clearly in the act and cannot be changed in the same manner that a regulation can be changed.

As I stated earlier, Bill C-383 is similar to Bill C-26, introduced by our government in the last Parliament. However, in this bill, the member for Bruce—Grey—Owen Sound added an important new provision that was not previously found in Bill C-26, which is an amendment to the International River Improvements Act.

The purpose of the International River Improvements Act is to ensure that international rivers, water flowing from any place in Canada to any place outside Canada, are developed and used in the national interest and assures that Canada meets its obligations under the Boundary Waters Treaty.

The specific amendments to the International River Improvements Act proposed in Bill C-383 define international river improvements to include pipelines and prohibit the issuance of a licence for an international river improvement that links non-transboundary waters to an international river, the purpose or effect of which is to increase the annual flow of the river. This is a significant improvement and protection.

We can look at risk areas for potential bulk water removals or transfers and determine areas where we find the greatest risk. One could be the Great Lakes, which some would consider the El Dorado of freshwater in North America, but, as I mentioned earlier, the Great Lakes are already protected from bulk removal by the International Boundary Waters Treaty Act.

Incidentally, I should add that the Great Lakes are also protected on the U.S. side of the basin due to the Great Lakes compact. Ontario and Quebec are partners with the Great Lakes states as part of a side agreement to that compact. Both of these provinces have legislation to prevent bulk water removals from their territories. Thus, all eight Great Lakes states are in agreement with us in Canada. No one wants to see Great Lakes water transferred out of the region. The Great Lakes are protected by the provinces on the U.S. side and federally in Canada under the International Boundary Waters Treaty Act.

Besides bulk water removals from the Great Lakes, another worry could be the potential use of a river flowing across the international boundary as a means of conveyance to transfer water in bulk outside Canada. Although this type of transfer is not occurring, we have been told that this is a potentially efficient way to move water across the border. The fear is a possible scheme that would seek to link, for instance, a body of water to an international river and this increased flow of water would then be the bulk transfer. To prevent this, Bill C-383 would amend the International River Improvements Act to prohibit the issuance of a licence for this type of activity.

I once again would like to thank the hon. member for Bruce—Grey—Owen Sound for introducing this legislation. This is in keeping with the direction that the government pursued during the last Parliament and remains the best way to proceed to protect Canada's water from bulk removal.

Bill C-383 would respect the role of the provinces in protecting water within their jurisdiction. By supporting it, members of the House can ensure that water under a federal jurisdiction, boundary and transboundary waters would also be protected from bulk removals and that this protection would be consistent throughout the country.

I am thankful for this opportunity to discuss Bill C-383. We understand the need to protect this vital resource and this legislation would do just that. I urge all members of the House to support this bill.

[Hélène LeBlanc, NDP, LaSalle—Émard, QC]

Mr. Speaker, according to a report by the Conference Board of Canada, Canadians use an average of 300 litres of water a day. Three hundred litres a day when, according to one report, the world average is 20 litres per day.

Of the 16 OECD countries, only Americans consume more water than Canadians. The Conference Board of Canada gave Canada a D for its feeble efforts to conserve its water resources.

If it seems we have an insatiable thirst for water, our thirst for energy and profit is just as bad. It takes 3 to 4.5 barrels of water to produce one barrel of bitumen. This figure does not include the water that is used to refine the crude oil. Shale gas uses 4,000 cubic metres of water for each step of the hydraulic fracturing process, not to mention the other types of energy we use.

Southern Canada's streams, lakes and rivers are polluted. Municipal waste water infrastructure cannot meet the demand. Waste water that is untreated or that has received only primary or secondary treatment is dumped into our watersheds. This has disastrous consequences for aquatic life and the entire ecosystem. Urbanization and surface impermeability also have an impact by increasing the amount of polluted water that runs off into waterways or is directed to overburdened infrastructure. The intensification of agriculture has also increased the erosion of farmland and agricultural runoff, which carries sediment that is high in phosphorous. As a result, cyanobacterial blooms are suffocating our lakes and waterways.

This is what Canada is doing with one of our greatest resources, which is now called blue gold. Canada has a large percentage of the earth's drinking water, 9% of which is considered renewable. Some of that water is trapped in glaciers, which, by the way, are melting into the oceans. An abundance of precipitation means that this resource is renewable in part. However, water is not like other resources. It is essential for life, like the air we breathe.

The reason why this bill is so close to my heart is that, when I worked as an agronomist, I was a project manager responsible for improving the quality of water for agriculture. I was able to see first-hand the state of our waterways and the challenges Canada faces in preserving this valuable resource.

Furthermore, the southern border of my riding of LaSalle—Émard runs along the St. Lawrence River and the Lachine Rapids, the largest rapids within an urban environment. The Parc des Rapides, which surrounds the Lachine Rapids in the LaSalle borough, is one of the six main urban parks in Montreal and is part of the greater Montreal parks network. The park, which has an area of 30 hectares, is the perfect place to view the famous Lachine Rapids and has been a refuge for migratory birds since 1937. The site has remarkable diversity and has more than 225 species of birds, including the great blue heron, which is a protected species, and 1,000 nests of three species of herons. The biodiversity does not stop there, since the park also houses 80 species of fish, including some that are at risk.

The Lachine Rapids are located in the St. Lawrence watershed. The St. Lawrence is the cradle of our history, and also a hugely diverse aquatic and shoreline environment. I believe that the member for Bruce—Grey—Owen Sound thinks that the Georgian Bay watershed in his region must also be preserved.

Bill C-383 would amend the International Boundary Waters Treaty Act to prohibit the bulk removal of water and to improve current protections.

This bill would amend the International River Improvements Act by prohibiting the issuance of licences for projects that link non-boundary waters to an international river where the purpose or effect of the project is to increase annual flow to the United States. This amendment will prohibit the issue of a licence to construct, operate or maintain a canal or pipeline channeling Canadian water into an international river.

We know that large-scale removal of water from lakes and waterways would negatively affect their ecosystems by increasing pollution concentrations. Water removal will dry up waterways, upset ecosystems and endanger plants and animals that depend on water and shorelines. This bill is a step in the right direction, a step toward preserving and protecting Canada's transboundary waters.

Still, the Canadian Water Issues Council is critical of the fact that this bill covers just 10% of Canada's fresh water while Bill C-267 went farther. This bill also fails to prohibit bulk water exports. This private member's bill proves once again that the Conservative government does not consider water to be a national priority and is not at all interested in developing a national water strategy in co-operation with its provincial counterparts.

New Democrats have been consistent in calling for a ban on bulk water export. We see a ban as an essential part of a comprehensive national water policy, something Canada lacks. Such a policy would establish clean drinking water standards and strong environmental protection for Canada's water resources, including recognition of water as common right. Passing forward-thinking legislation that recognizes a healthy and ecologically balanced planet is the most important gift we can give to future generations of Canadians.

A number of massive bulk water diversion plans, in the form of water corridors, have been proposed over the past four decades. These water corridors would have transferred massive amounts of water to the U.S. from Canada. For various reasons, none of these projects has gone forward, but the potential for such projects remains, hence the need for strong legislation to prevent them.

My message is clear. First, water, the source of life, is not like other resources. Second, we must urgently reduce our consumption of water and preserve the quality of our watersheds. Third, we must prohibit bulk water exports. This should begin with the establishment of a national water strategy with our partners to ensure that we have standards for safe, potable water, solid environmental protection measures, and conservation measures for Canada's water resources.

Bill C-383's intentions are valid and that is why I support sending this bill to protect boundary waters to committee for examination. This bill calls on the political class and thus all Canadians, reminding us of our responsibility to use water rationally and conscientiously in an overall vision, an ecosystem vision, of our watersheds. We are the guardians of water, which is a public good and a fundamental human right. We must demonstrate leadership in preserving and conserving water, the source of life.

[The Acting Speaker, Conservative, Bruce Stanton]

Before I recognize the hon. Parliamentary Secretary to the Minister of Human Resources and Skills Development and to the Minister of Labour on resuming debate, I will let her know that we will need to interrupt her at about 2:18 p.m., about four minutes from now, this being the end of time allocated for private members' business today.

The hon. Parliamentary Secretary to the Minister of Human Resources and Skills Development and to the Minister of Labour.

[Kellie Leitch, Conservative, Parliamentary Secretary to the Minister of Human Resources and Skills Development and to the Minister of Labour]

Mr. Speaker, I am pleased to rise today to lend my support to the private member's bill of my colleague, the member for Bruce—Grey—Owen Sound, which seeks to ensure that all waters under federal jurisdiction are protected from bulk water removals. Protecting Canada's water resources is an issue that I believe in strongly and that our government is committed to. I believe all of us in this House agree that Canada's sovereignty extends to our natural resources, including fresh water. This is the position of the majority of Canadians. It is something I hear from my own constituents in Simcoe—Grey, especially those bordering Georgian Bay.

Water is an emotional issue for Canadians. It is something that defines us. There is a reason we and visitors to our country see images of crystal blue lakes and pristine mountain streams when we think of Canada, and it strikes us as the essence of Canada.

However, beyond the symbolic issue, there are numerous reasons to prohibit bulk removal of waters. First, the ecosystem and the people who live in a watershed are best served by keeping water within the basin from which it originates. Removal of water in bulk deprives that basin of that water, potentially causing harm to the environment and to ecosystems as well as to the people living in these areas, now and in future generations. The prevention of bulk transfers of water between basins along international boundaries is also an important environmental concept to help in the fight against invasive species.

Although there are several different ways to approach preventing the bulk removal of water, Bill C-383 works to amend two acts: the International Boundary Waters Treaty Act and the International River Improvements Act. In crafting this legislation, there is the recognition that the federal government cannot do this alone, as water in much of Canada is under provincial jurisdiction, so in order to ensure the protection of water, it is necessary for the federal government to work together with the provinces to prevent bulk removals of water. The good news is that the provinces understand very well that we need to protect waters under their jurisdictions, and they oppose the concept of transferring water in bulk outside of their territories.

It is important to note that Bill C-383 is aimed at waters within federal jurisdiction, namely boundary and transboundary. This bill would strengthen protections in place against bulk removals from boundary waters, those bodies of water through which borders run, and create a prohibition against the removal of water in bulk from transboundary waters, waters which flow across the border.

These prohibitions would be backed by strong penalties and enforcement provisions in this bill that are in line with those in the Environmental Enforcement Act.

Provisions found in Bill C-383 amending the IBWTA closely follow the regimen from the Environmental Enforcement Act in terms of the fine schemes, sentencing provisions and enforcement tools available. These provisions would include minimum and maximum penalties for violations of law and would create categories depending on whether the offences are committed by individuals, small-revenue corporations or corporations.

Each of the categories would face stiff penalties for violations. For examples, an individual could face up to $1 million in fines and a corporation up to $6 million. Fines for contravening the law would be cumulative, meaning a violation that continues for more than one day would be seen as a separate offence for each day that it continues.

I make it abundantly clear that the Government of Canada will not allow a project aimed at increasing the flow of an international river at a boundary as a means of transfer of water in bulk outside of the Canadian basin, and, for the sake of this clarity and to ensure that this prohibition is solid and covers all bodies of water where the federal government has jurisdiction, this amendment to the International River Improvements Act has been added to Bill C-383.

Once again I offer my thanks to the member for Bruce—Grey—Owen Sound for introducing this legislation. As I have said, this is a great bill. It reflects our government's long-term policy and delivers on the promises we have made to Canadians. I hope all members of this House will support Bill C-383.

[The Acting Speaker, Conservative, Bruce Stanton]

The hon. member for Simcoe—Grey will have six minutes remaining for her remarks when the House next resumes debate on the motion.

The time provided for the consideration of private members' business has now expired and the order is dropped to the bottom of the order of precedence on the order paper.

It being 2:18 p.m., the House stands adjourned until next Monday at 11 a.m., pursuant to Standing Order 24(1).

(The House adjourned at 2:18 p.m.)

The House resumed from June 8 consideration of the motion that C-383, An Act to amend the International Boundary Waters Treaty Act and the International River Improvements Act, be read the second time and referred to a committee.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Speaker, the NDP is pleased to rise in the House to support Bill C-383.

I would like to thank all of the Canadian activists who have been pushing for years to ensure that we do not have water exports or interbasin water transfers. Canadians across the country have been concerned about this.

This is an issue that has been raised in the House repeatedly, certainly since I first came here in 2004. There were throne speeches in 2008 and 2009 that raised the issue. When the Conservatives were first elected, they committed to this action and brought forward a bill. As members know, even though they brought forward a bill, they did not actually do anything to bring it to the House for consideration. They tabled it, did some spin and paid some lip service to this extremely serious issue, but they did not do anything.

The fact that this private member's bill is coming forward now I think is indicative of the pressure that so many Canadians have put on the government over the last few years. There has been a very strong public response. Canadians are saying that the government should not be playing around with the water resources that we have. As a result, I think it is fair to say that we now have Bill C-383 before us for consideration.

NDP members do a lot of the heavy lifting here and we are very proud of that. I would like to pay tribute to two former members of Parliament who have done a phenomenal job of raising this issue both in the House and in the public domain.

The Hon. Bill Blaikie raised this issue while he was a member of Parliament for many years. The member for Winnipeg Centre is quite right to applaud Bill Blaikie's work. In 1999, Bill Blaikie brought forward an opposition motion that led to a moratorium on bulk water exports. At the time, he had a key role in both the federal moratorium as well as the actions of Canadian citizens right across this country.

Provincial governments from time to time, such as British Columbia and Newfoundland and Labrador, sought to move forward on bulk water exports. However, it was the work of activists on the ground who made a difference. They pushed back on what was a very clear intent by those non-NDP governments to promote water exports.

Another NDP member who raised the issue of bulk water exports and interbasin transfers was Catherine Bell, the former member of Parliament for Vancouver Island North. She very eloquently raised concerns around bulk water exports.

These are two former NDP MPs who have played key roles. Also, the member for Parkdale—High Park, myself and a number of NDP MPs have also played key roles in raising this issue. Finally, after many years of promises, although it is in the format of a private member's bill, we finally have some action from the government. Of course, we support the bill because it is a phenomenally important issue.

I think David Schindler, the noted water expert from the University of Alberta, put it best when he said that even though Canada has about 20% of the world's freshwater resources, it is like a bank account that has a very small interest rate. The interest rate, or the renewable percentage of that fresh water, is only about 5%.

Therefore, we have 20% of the world's freshwater resources locked in northern Canada in the muskeg and in our lakes, which cannot be renewed once depleted. The 5% renewable rate, which is actually the extent of renewable freshwater resources in this country, is equivalent to the freshwater renewable rate in the United States.

We know about the chronic water shortages now occurring in the United States. We are aware of the fact that changes have to be made by our American friends and neighbours because, ultimately, with the depletion of the aquifers, with the depletion of the freshwater available in the United States, they simply cannot continue to misuse the water in the way they have been. Canada has relatively the same percentage of renewable fresh water. If we ever went the route of bulk water exports or interbasin transfers, we would find ourselves in a similar situation extremely quickly.

It is simply not appropriate. It is simply not responsible, with our water resources, to envisage bulk water exports or to envisage interbasin transfers. To think that we will solve the problems that are occurring now worldwide by the simple act of transferring more water out of our country is simply not true. When we talk about this issue, we are talking about a fundamentally important one for the stewardship that we have over that incredible resource.

There is no doubt this legislation falls short of what we would like to see. We are looking to see amendments when the bill moves to committee.

The issue of interbasin transfers, which I mentioned earlier, is included in the bill. One issue that is not included though, and one that is extremely important and was raised both by Bill Blaikie and Catherine Bell and many NDP MPs in the House, is the issue of bulk bottled water. The difference between bulk water exports and smaller container bulk water exports is a thin one.

This is a relevant and pertinent issue given the world water shortages that we are seeing. It is something that we would expect to see amended when the bill is sent to committee. There is no doubt that would make a difference in completing the bill. The bill is good enough for us to support it at second reading, but there is no doubt that improvements could be made.

There is also the issue of the technical amendment that has been raised by the Canadian Water Issues Council, and this is something that we would also seek to see amended at committee.

The bill is a good first start but this is certainly in no way the end of the consideration that it should be given.

More important is the issue of how the government will react to the passing of the bill, assuming that it has support from both sides of the House. We support sending it to committee where we will propose the kind of strong and reasoned amendments that we always move but it may not surprise the House to know that sometimes our strong and reasoned and thoughtful amendments are not received by the other side. We hope this will not be the case this time because of the work that we have done on this issue. We have been doing all the heavy lifting. We are pleased to be joined by at least one Conservative colleague now. We intend to carry that heavy lifting right through the process.

The other issue is a greater issue as the House is well aware and that is the issue of water in general. This is something that I addressed in a bill that calls for a comprehensive water strategy. I would just like to touch on that before I conclude.

We are looking to have the government develop and present a comprehensive water policy based on the public trust, which would recognize that access to water is a fundamental right. It would recognize the UN Economic and Social Council finding in “General Comment No. 15” on the International Covenant on Economic, Social and Cultural Rights that access to clean water is a human right. My bill would prohibit those bulk water exports and implement strict restrictions on new diversions.

The bill also talks about introducing legislation on national standards for safe, clean drinking water and implementing a national investment strategy to enable all of those municipalities, and first nations communities particularly, to upgrade the infrastructure that they need around water. Those are considerations that we will bring forward at a later date in the House.

Needless to say, the NDP will continue to work to ensure that the water resources in this country are, as a human right, made accessible to all Canadians.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, this is a wonderful opportunity for me to express a number of concerns regarding waterways and the impact not only in Canada but, more specifically, in the province of Manitoba.

Whenever we see legislation of this nature there is a bit of hope generated. There is a huge concern in Manitoba, particularly in Winnipeg, with regard to our waters. A lot of it deals with the exportation and also the sheer volume of water that comes into our province every spring, particularly from the United States. There is this huge expectation that different levels of government are trying to deal with the whole issue of water management, which is so critically important to our country. Specifically for me, in the province of Manitoba, given the amount of water that we have, with our hundred thousand plus lakes and rivers, there is a great deal of concern from many different stakeholders, whether environmental groups or just young students in classrooms.

I have had the opportunity over the years to have wonderful exchanges dealing with the whole water management issue. It is an issue that comes and goes. It really comes to a peak when the Red River starts to peak in the springtime. We get so much water coming into the province of Manitoba, there are literally hundreds, if not thousands, of people who start looking at what we can do to somehow funnel that massive amount of water and minimize the environmental damage.

There are a number of concerns that we have with Bill C-383. At the end of the day, we suspect that it will be sent to committee, so we need to look at the possibility of amendments. It is important to recognize that the Liberals were one of the first to appoint a critic in this area, because we see the value of water.

Bill C-383 is a reaction, I would suggest, from one of my colleagues. It is a bill that we had explored and we had discussions regarding the whole idea of the water basin transfer and many other aspects. We applaud the government for looking at what the members of the Liberal caucus have been saying. I suggest that other political parties inside the chamber would do well in recognizing the need for Liberal critics and more attention being given to the water file.

In Manitoba, we have a huge concern that has been brought to the government's attention year after year, not only here in Canada but also in North Dakota. It has made it to Washington. Presidents and prime ministers have been involved. Obviously the premier of Manitoba has been involved and many others. That is the whole Devils Lake project in the United States.

The amount of water that flows from the states to Canada is a great concern in terms of how we can minimize the environmental damage by coming up with some sort of screening method to provide filtration to a certain degree and minimizing the amount of manure and fertilizer on farms that ultimately seeps into our waterways. When we get serious flooding, the amount of foreign fertilizers and other mixtures that end up in Lake Winnipeg is really quite profound.

Lake Winnipeg is of critical importance not only to the province but, indeed, to our country. When we look at the cutbacks with respect to the Experimental Lakes Area project, there are a good number of Manitobans who believe we cannot afford to lose the technology and research being done there because of the impact it has on water quality, whether in our lakes or rivers. There has been a very high level of interest in the cutbacks that are taking place there. We need to ensure that research council remains truly independent and, most important, that it continues to do the type of research that is of critical importance for preserving and improving the quality of our water tables and the health of our rivers and lakes.

I have had presentations presented to me showing the types of impacts on fish populations when we are not doing the right thing. Some of the work that has been done on acid rain is amazing, for example, and the other types of nutrients that ultimately end up in our lakes and waters and why it is so important for us to understand the impact of that. Our aquatic system is very important. Something that happens on the land does have a direct impact on it. Flooding plays an important role in how we can control flooding and minimize its negative impacts.

When I was in the Manitoba legislature I recall another issue that we talked a lot about was the exportation of water. There has been a great deal of concern about how we will do that. Freshwater is in huge demand and it is expected that the demand will continue to grow. Many industries across Canada are very interested in how that will occur and what types of regulations and laws Canada will put in place to protect our water supply to ensure that we will not just be shipping freshwater down south or into other communities without some sort of controls or mechanisms. That is one of the issues that will be talked about in the years ahead as different levels of government come together to come up with agreements on what is and is not appropriate.

I would suggest that the most important thing must be our water management strategy. We do need to have both interprovincial and international water strategies that put water quality first and, obviously, the impact that has on the environment.

The second issue is what we do with the vast amounts of freshwater that Canada has. There will be an increasing demand on that water. Citizens as a whole are concerned that the government has been neglecting that particular file. It is interesting to note that this is a private member's bill. Where is the government itself on trying to develop that international-interprovincial water strategy that deals with the environment, water quality and the whole issue of the exportation of water? The federal government does have a stronger role to play in that area. It needs to work with the provincial governments. Some governments have a stronger vested interest in the issue.

I would suggest that the Prime Minister have talks about issues such as the impact of Devils Lake and the exportation of water. He should work with the provinces and follow the lead of the Liberal caucus in recognizing the importance of this issue to the degree that we now have a Liberal member taking on the role of water critic.

[Dean Allison, Conservative, Niagara West—Glanbrook, ON]

Mr. Speaker, I am pleased to have the opportunity today to speak in support of Bill C-383, sponsored by my colleague from Bruce—Grey—Owen Sound. The protection of Canadian waters is important to him, as it is for all members of the House, and, to that extent, all Canadians.

During a previous debate on the bill, I was pleased to hear that colleagues on the other side of the aisle expressed their support for this important and timely legislation.

Environment Canada points out a number of important courses of action. Managing Canada's water resources, which represents about 7% of the world's renewable freshwater or about 20% of the world's freshwater is found in Canada, and everyone is responsible. We want to ensure that our water resources are used wisely, both economically and ecologically.

Also, we want to manage the resource because various users are competing for the available supply of freshwater to satisfy basic needs, to enable economic development, to sustain the natural environment and to support recreational activities.

Environment Canada is also correct in its indication that it is necessary to reconcile these needs and promote the use of freshwater in a way that recognizes its social, economic and environmental benefits.

I am sure all members of this House will attest to the notion that the waters that surround and are encompassed within Canada are of the utmost importance to Canadians. They play a deep role in our country's birth and its continued success economically, culturally and nationally.

During my tenure on the Standing Committee on International Trade, as well as presently serving as chair of the Standing Committee on Foreign Affairs and International Development, I have come to understand and appreciate the protections we have in place for our water supplies.

The transboundary waters protection act would amend two acts, the International Boundary Waters Treaty Act and the International River Improvements Act. Through the amendments to the International Boundary Waters Treaty Act, Bill C-383 would strengthen prohibitions against bulk removals of water and improve upon protections currently in place.

At the federal level, a prohibition currently exists against the bulk removal of boundary waters; waters shared with the United States, such as the Great Lakes. The new amendments in Bill C-383 would add transboundary waters, those that flow across the border, to these protections.

The changes found in Bill C-383 would ensure that all waters that are under a federal jurisdiction are protected from bulk water removals. They complement provincial protections that are in place to protect waters under their jurisdictions.

It is important to note that there are other elements in Bill C-383 that would strengthen protections against bulk water removals. Penalties and enforcement mechanisms would be strengthened under the International Boundary Waters Treaty Act. Violations would bring penalties ranging from up to $1 million for an individual to $6 million for a corporation. These penalties would be cumulative, meaning that every day the violation occurs is considered a separate violation. Therefore, penalties can increase rapidly. While these fines provide a strong deterrence for violations of the act, there is also the potential for further penalties that would allow the courts to add penalties for aggravating factors, such as damage to the environment or profiting from any actions. These provisions would bring this act in line with amendments made by our government to nine other environmental protection statutes in 2009 through the Environmental Enforcement Act.

Bill C-383 would improve on current protections by moving certain definitions and exceptions from the regulations into the act itself. Bringing these definitions into legislation would ensure that parliamentary approval would be required to make any future changes to the exceptions or definitions.

Bill C-383 would also make changes to the International River Improvements Act to prevent the linking of boundary or non-boundary waters with a waterway flowing across the border for the purpose of increasing the annual flow of this waterway. This would prevent an international river, that is a river flowing from any place in Canada to any place outside of Canada, from being used as a conveyance to move water out of this country.

I would like to point out that the following introduction of government Bill C-26 during the last Parliament, the Canadian Water Issues Council wrote to the Minister of Foreign Affairs in June 2010 and, among other things, highlighted the concept and potential threat of the transfer of water from a non-transboundary basin into a transboundary river. I am happy to say that an amendment to the IRIA found in Bill C-383 would prevent this from happening. This is a valuable addition to the bill. These changes, along with the protections that the provinces have in place, would provide strong protections against bulk water removals.

During the previous debate, some members raised questions about the trade and export of water. I assure my colleagues that their concerns have been addressed. Bill C-383 and the International Boundaries Water Treaty Act would regulate and protect water in its natural state as found within its basins. Water, in its natural state, is not considered a good or a product. Therefore, water in its natural state is not subject to the provisions or obligations of the trade agreement, including the North America Free Trade Agreement.

Water in its natural state is like other natural resources, such as trees in the forest, fish in the sea or minerals in the ground. They can all be transformed into saleable commodities through harvesting or extraction but, until that step is taken, they remain natural resources and outside the scope of international trade agreements. Because they are natural resources, governments are free to decide whether they should be extracted and, if so, under what circumstances.

This point is clearly demonstrated in the fisheries industry where governments have the discretionary power to decide whether to allow fishing, when and where fishing is allowed and the total quantity of fish that can be caught, even though the harvesting of fish and treating the caught fish as a commodity is a long-standing practice in Canada and around the world. Therefore, in this case, we would be regulating water as a natural resource. Due to the potentially negative impacts of bulk water removals, we would prohibit its removal in bulk. I want to assure all members that none of our trade obligations prevent us from doing this.

It has been suggested that by allowing some water to be exported as a commodity, it automatically means that all water is a commodity and subject to international trade rules. The fisheries analogy provides a good illustration. Those familiar with the fishing industry would not suggest that because some fish are caught and sold as commodities, it would mean that Canada has lost the ability to regulate this industry from a resource management perspective and, by doing so, runs afoul of trade rules. So it is with water. While it is in its natural state, it is considered a natural resource and, therefore, remains outside the trade rules.

Our government is committed to protecting Canada's freshwater for the communities and ecosystems that depend upon it. We believe that Canada's sovereignty extends to our natural resources, including our freshwater. That is why I am pleased to support my colleague's bill which would achieve these objectives.

I thank members of the House for their support of the bill and their desire to see it pass second reading and be referred to the Standing Committee on Foreign Affairs and International Development. As I have described, this bill would: improve our existing bulk water protections; add transboundary waters to the protections already in place for boundary waters; strengthen penalties to ensure that violations are met with the appropriate punishment; and moves exemptions and definitions from the regulations into the body of the act, ensuring that any future changes would be undertaken with the scrutiny of Parliament.

This bill would provide the protections we need to prevent the harm that could result from the permanent loss of water from Canadian ecosystems. I am grateful that the member for Bruce—Grey—Owen Sound took a leadership role to advance this issue. I look forward to continuing a discussion of this bill during the committee stage.

[Anne Minh-Thu Quach, NDP, Beauharnois—Salaberry, QC]

Mr. Speaker, water is without a doubt our most precious resource. Without water, humankind cannot survive. Some 75% of the earth's surface is made up of water, which is a unique situation in our solar system. The small blue sphere that astronauts see from space and describe so passionately must be protected. Water is essential to the equilibrium of this planet. Meanwhile, there is increasing pressure on our water resources. For instance, global warming is increasing the frequency of droughts and floods. Rising temperatures are causing increased evaporation of water resources and causing water levels to fall in our lakes and rivers, as was the case this summer in the St. Lawrence River and the Great Lakes.

An increasing global population is also adding to the demand for drinking water. The demand for water is increasing not only in terms of individual consumption, but also for the production of many consumer products. Four litres of water are needed to extract one litre of oil from the oil sands; 10 litres are needed to produce one sheet of paper; 30 litres for a cup of tea; 40 litres for a slice of bread; 70 litres for an apple and 75 litres for one glass of beer.

We are therefore facing a problem. Fresh water is more and more in demand, yet it is also more threatened by pressures related to population growth, climate change and industry. Some people believe that we are heading toward water wars. I hope that is not the case. However, one thing is for certain: water has become the blue gold of the 21st century.

Canada will thus have a key role to play in the coming years since our country holds 7% of the world's fresh water. The United States has been coveting our water supply for a number of years, particularly in times of drought. Many of the southern states are facing serious water shortages and have had to import water. Other emerging countries, such as China and India, will need larger quantities of water in the coming decades. States that have insufficient water will turn to those that have an abundance. We regularly hear about proposals to export fresh water by tanker. Concerns heightened with the implementation of the North American Free Trade Agreement or NAFTA in 1994. NAFTA considers water to be a consumer product, and some provisions of the agreement could open the door to the export of water.

The purpose of Bill C-383, which was introduced by the hon. member for Bruce—Grey—Owen Sound, is to strengthen the prohibitions against bulk water removal. In fact, it corrects some of the shortcomings of Bill C-26, which was introduced by the government in 2010 and died on the order paper. The purpose of Bill C-26 was to prohibit the removal of water from transboundary and boundary waters; however, the bill did not take into account the most plausible threat to Canadian waters: the removal of water via interbasin transfers.

Bill C-383 will prohibit the issuance of licences for projects that link non-boundary waters to an international river where the purpose of the project is to increase annual flow to the United States. If the bill is passed, constructing a canal or pipeline channeling Canadian water into an international river, such as the Red River, will be prohibited.

This bill is a step in the right direction to protect our waters, but the official opposition is of the opinion that this bill will not completely resolve the issue of water management in Canada. Clearly, this private member's bill does not prohibit all types of bulk water export. It is also necessary to ensure the protection of surface water, regulate future exports of water by tanker, respond to threats presented by NAFTA and, above all, prohibit the export of bottled drinking water.

Last year, my colleague from Burnaby—New Westminster moved a motion in favour of a national water strategy, and we are very thankful for that. We believe that access to water is a fundamental right, that we must prohibit all commercial exports and that we must not privatize water services. Why? Because water is not a product; it is a common property resource. It is essential to the survival of our species and all other species. The UN General Assembly declared access to water a fundamental right in 2010. Unfortunately, Canada, led by the Conservatives, abstained and said that the right to water was not codified under international law.

It is time for Canada to play a key role with respect to access to water. Some entrepreneurs will say that we must export our water to the countries that need it. However, this commodification of water will not solve the problem, especially since the poorest people will not have the means to purchase this imported bottled water.

In addition, it is not simply a matter of export and supply; it is a matter of distribution.

Large quantities of water are wasted by the richest members of society—a minority—at the expense of the poorest.

It is estimated that, in developing countries, daily water needs vary between 20 and 30 litres a day, and some very poor individuals consume only three or four litres. In Canada, the average person consumes 300 litres of water a day, which is the equivalent of three full bathtubs. That is double the amount consumed by a European. Canada is the second-biggest waster of drinking water after the United States.

Before talking about exports, we should talk about conservation. Our overconsumption of manufactured products, the exploitation of natural resources under conditions that are not mindful of the environment, and waste all have disastrous consequences on our water management.

We must also remember that old water systems that are not maintained or repaired can cause huge leaks and a lot of waste. We must repair the pipes and filtration systems, which are now a municipal responsibility.

Lacking resources, municipalities are turning to private investors to finance the work. However, water is a matter of public health and safety and it should be managed by the government, which is accountable to the community. When for-profit businesses control the water, the quality decreases and costs increase.

The federal government should help the municipalities upgrade their water supply infrastructure.

It is all well and fine for the Conservatives to announce new wastewater treatment regulations, but the fact remains that the municipalities need to have a decent budget. What is more, the municipalities are still waiting for the budget that is yet to be announced by the federal government.

We must also recognize the importance of preserving the quality of our water. The cuts to the environmental monitoring programs and the changes to the Fisheries Act will have a catastrophic impact on our waters. Fish habitat will no longer be protected, there will be fewer environmental assessments of industrial projects—the number of assessments already went down by 3,000 this summer—and the public will not be consulted as it used to be.

All of this is a result of the omnibus Bill C-38, which passed in June. In addition to weakening our environmental laws, this Conservative government is cutting water monitoring and research programs. It is axing programs such as the Municipal Water and Wastewater Survey, which collected data on water sources, water use and wastewater treatment levels.

The government is also abolishing environmental effects monitoring studies, a scientific tool to detect changes in aquatic ecosystems affected by effluent.

All these cuts will have an impact on water quality. Need I remind hon. members that in 2000, seven people died in Walkerton, Ontario, when drinking water was contaminated by E. coli?

Do we want to see poor water quality management cause other similar tragedies? Who will want to import Canadian water if there is any doubt about its quality and safety?

In closing, I would like to say that it is wrong to believe that Canada is protected from a water shortage. A quarter of Canadian municipalities have already dealt with water shortages, and a third of them rely on groundwater to meet their current needs.

We must have a national water strategy, as my colleague from Burnaby—New Westminster proposed in 2010.

The bill introduced by the hon. member for Bruce—Grey—Owen Sound is a step in the right direction, but it is does not go far enough.

The environmental crisis we are experiencing requires fundamental changes to our lifestyle and our resource development policy.

There is no room for ideology or partisanship. We need pragmatism, initiative and leadership on the national and international levels.

We must not leave our children and grandchildren with a social and environmental debt. The time to act is now.

[Joe Preston, Conservative, Elgin—Middlesex—London, ON]

Mr. Speaker, I rise today to lend my support to Bill C-383, the transboundary waters protection act. This bill, introduced by my colleague from Bruce—Grey—Owen Sound, would prohibit the bulk removal of water from transboundary waters, waters that flow across borders. This would strengthen the protections against bulk water removals from boundary waters, waters shared with the United States such as the Great Lakes.

As members know, in May 2010, our government introduced Bill C-26. That bill, like the one we are debating today, would have amended the International Boundary Waters Treaty Act. At the time, we introduced that important legislation after reviewing options for improving and strengthening protections for the purpose of preventing bulk water removals. Unfortunately Bill C-26 died on the order paper when Parliament was dissolved.

This issue did not go away with the election call and, as we all know, protection of our waters is an issue of critical importance to all Canadians. I am confident it is something all members in this House will agree with, no matter on which side of the aisle they sit.

Why is this the case? It is clear from an environmental standpoint that the bulk removal of water is both environmentally and ecologically damaging. It removes water from the basins that depend on it. It deprives those living in the basin and the ecosystem itself of a critical resource. It also increases the risk of invasive species transfer if previously separated water basins are connected. It is this environmental component that is critical. The potential harm this could cause to the environment led our government to introduce Bill C-26, and I am happy to see the member for Bruce—Grey—Owen Sound has taken up the cause and introduced this legislation, which I would like to call Bill C-26-plus.

In a few minutes I will explain what I mean by Bill C-26-plus, but now I will discuss why the approach found in Bill C-383 is the appropriate way and the best path forward. In previous parliaments we have seen multiple bills aimed at preventing bulk water removals. These bills may take different approaches to addressing the issue, but the goal is the same: prohibiting the bulk removal of Canada's water and protecting Canada's fresh water for the communities and ecosystems that depend on it.

We have recently debated another bulk water bill, Bill C-267, introduced by my Liberal colleague from Lac-Saint-Louis. That bill takes the approach of banning all inter-basin transfers. Bill C-383 takes a similar approach but focuses on water within federal jurisdiction. This difference recognizes that the provinces have a key role to play in the protection of Canada's water. Water is a natural resource, and so we must recognize that the provinces have their constitutional jurisdiction. They take this role seriously. They have protections in place to prevent bulk removal of water in their territories and from their territories. They have the same commitment to the protection as the federal government and as Canadians in general. Our government intends to keep working with the provinces to ensure that these protections remain robust and that all jurisdictions take care of waters under their purview.

As we all know, there are already strong protections in place at the federal level to prevent bulk removals from boundary waters, those that straddle the international boundary as I mentioned earlier. This obviously includes the Great Lakes, but transboundary waters, which are those that flow across the border, are not protected federally. Bill C-383 aims at bringing these same prohibitions to transboundary waters, which are also under a federal jurisdiction. This would bring much-needed consistency and would ensure all of these types of waters are protected.

Looking at the approach taken in Bill C-383 to prohibit bulk removals, I emphasize that this legislation focuses on water in its natural state in lakes and rivers. We view this as being the best way to protect water. Other approaches that are mentioned from time to time, such as export bans, would not provide the same level of protection as dealing with water in its natural state. We believe that taking an approach that focuses on the sustainable management of water in its basin as a natural resource is the best way to ensure it remains there.

While on the subject, I will take this opportunity to clarify the issue of NAFTA, the North American free trade agreement, and water. Water in its natural state, such as a river or a lake, is not a commodity and has never been subject to any trade agreement.

Although this has been stated from time to time, given the confusion over the issue, it is worth repeating. Nothing in NAFTA, or for that matter in any of our trade agreements, prevents us from protecting our water. These agreements do not create obligations to use water. Nor do they limit our ability to adopt laws for managing our water resources.

The status of fresh water under NAFTA was reaffirmed in 1993 when Canada, the United States and Mexico declared that the agreement created no rights to the NAFTA resources of any party to the agreement and that unless water had entered into commerce and became a good or a product, it would not covered by the provisions of any trade agreement. Further, it was agreed that nothing in NAFTA would oblige any party to exploit its water for commercial use or to begin exporting water in any form.

Finally, it was declared that water in its natural state was not a good or product, it was not traded and therefore it was not, and never had been, subject to the terms of any trade agreement.

As we have said, Bill C-383 is similar to Bill C-26 in terms of the added protections provided to water under federal jurisdiction. However, as I said early, it is Bill C-26-plus, and here is why.

As mentioned by previous speakers, this bill contains an amendment to the International River Improvements Act, which would ensure that the waterways flowing from Canada across international boundaries could not be used to deliver water coming from other sources out of the country.

For example, there would be a prohibition to linking non-transboundary waters to an international river for the purpose of increasing the annual flow of that river. An international river is one that flows from any place in Canada to any place outside of Canada. This increase in annual flow would be bulk water transport and would be forbidden.

When our government introduced Bill C-26 last Parliament, some groups stated that we did not do as much as we could in protecting our waters. What my colleague from Bruce—Grey—Owen Sound has done in his bill is add an additional protection by including this amendment to the International River Improvements Act. By prohibiting the use of an international river to transport water originating from outside its watershed, the legislation would prevent what could be a potentially efficient way to transport water long distances from being used for bulk removals.

This small change from Bill C-26 is a significant protection and I hope that groups in our country, which have been long-time proponents on behalf of protecting Canada's water, will recognize that Bill C-383 is worthy of their support.

Finally, I would like to briefly touch on the penalty and enforcement provisions included in Bill C-383. These provisions are in line with those found in the other environmental statutes, which are amended through the Environment Enforcement Act of 2009. This includes an enforcement regime that would allow the Minister of Foreign Affairs to designate enforcement officials for the purpose of verifying compliance with the act.

The penalties for violations are steep, such as up to $1 million for an individual and $6 million for a corporation. These penalties are cumulative, meaning that each day the violation occurs will be considered a separate violation. In addition, courts will be able to impose additional fines on offenders where there are aggravating factors, including environmental damage.

I would like to once again thank my colleague from Bruce—Grey—Owen Sound for introducing the bill. He comes from an area surrounded by the Great Lakes, the rugged shores of the Bruce Peninsula, sandy beaches like Sauble Beach in Oliphant. He recognizes not only recreationally but economically what water can be for Canada. Coming from a riding on the Great Lakes myself, I commend him for what he has done.

I believe the approach taken in Bill C-383 will ensure that Canada's waters are protected and that bulk removals of water from Canada will never take place. The legislation covers waters under federal jurisdiction and recognizes the good work that the provinces have undertaken over the years to prohibit bulk removals of water from their territories.

Both federal and provincial governments understand the potential harm that bulk removal can have on the environment and our government is committed to doing its part to protect our waters. I encourage all members of the House to support the member for Bruce—Grey—Owen Sound on Bill C-383.

[François Pilon, NDP, Laval—Les Îles, QC]

Mr. Speaker, thank you for giving me the opportunity to share my views regarding the bill before us, Bill C-383, introduced by the hon. member for Bruce—Grey—Owen Sound.

This bill has to do with our water resources, and as a member of the Standing Committee on the Environment and Sustainable Development, I have a special interest in this issue. I am therefore pleased to be able to add my two cents to the debate.

With just one exception, Bill C-383 is identical to Bill C-26, which was introduced by the government in 2010 following its promise to bring in legislation to ban all bulk water transfers or exports from Canadian water basins.

On the positive side, the bill before us today addresses a large gap that existed in the previous bill and was pointed out by the Canadian Water Issues Council, specifically, that Bill C-26 did not address the most plausible threat to Canadian waters: the threat of transfers from a water basin that is neither a boundary nor transboundary water body from Canada into the United States.

This bill would amend the International River Improvements Act to prohibit the issuing of permits for projects that link non-boundary waters to an international river when the purpose of said projects is to increase the annual flow towards the United States. This important change would prohibit the issuing of a permit to build, operate or maintain a canal or pipeline transporting Canadian water to an international river.

Although Bill C-383 does have some strengths and represents a step in the right direction, it is obvious that it does not prohibit all bulk water exports. Consequently, because water is considered a commodity, NAFTA has long been a threat to Canada's sovereignty over water resources.

To counter this threat, in June 2007 the New Democratic Party introduced a motion sponsored by the hard-working and extraordinary member for Burnaby—New Westminster asking the government to initiate talks with its U.S. and Mexican counterparts to exclude water from the scope of NAFTA. This motion was adopted by the House, but the government has not followed up with these countries.

In 2010, the government introduced Bill C-26, which was mentioned earlier. The bill did not progress past first reading.

In 2011, our brilliant colleague from Burnaby—New Westminster raised the issue again with a new motion for a national water strategy.

I hope that Bill C-383 comes to fruition, unlike Bill C-26 and the motions of the member for Burnaby—New Westminster. I hope that this time the government will take Bill C-383 seriously and implement it.

[The Acting Speaker, Conservative, Bruce Stanton]

Accordingly I now invite the hon. member for Bruce—Grey—Owen Sound for his five minute right of reply.

[Larry Miller, Conservative, Bruce—Grey—Owen Sound, ON]

Mr. Speaker, it is a pleasure to finally get to second reading on my private member's bill. My riding of Bruce—Grey—Owen Sound, like yours, borders on beautiful Georgian Bay as well as Lake Huron on the west. Therefore, this is very important to me and a lot of other members in the House, including you. I want to thank my colleagues today who have all stood to speak to this, including the opposition.

This is an issue that carries on, as has been pointed out many times, Bill C-26 tabled by the government in 2010. In the throne speech of 2008, the government made a commitment to address this issue, but we ended up going to an election. I thank the opposition for that because I probably would not have had a chance to bring this bill forward.

One thing that needs to be pointed out, and has been pointed out by a couple of members today, is that this bill is be stronger than Bill C-26. Some issues were raised by some different groups and organizations at the time. Showing that we want to get along and address all the issues, that amendment has been addressed. I know the comments from those groups have been very positive and they thankful for that.

The Prime Minister has said many times that our water is not for sale. I do not know how many times he has to say that before people get it, but this bill really fortifies that. Yes, water is a commodity, but it is not a commodity like oil or minerals, or trees or lumber. It is something that has to be treated differently. It cannot be sold on the market in the same way. It has to be protected, as pointed out by my colleague across the way.

That same colleague wanted to know if the government would treat this bill differently from Bill C-26. I think it is very clear to anybody who has a clear mind on this that Bill C-26 would have gone through had the opposition not been intent on an election. Therefore, we had to shove that one aside.

I was glad the member for Burnaby—New Westminster rose to speak in favour of the bill. I have not had any recent reason to doubt him in any way. However, his leader is on record as being in favour of the sale of bulk water. I will take his word for it that on Wednesday, when we vote on the bill, his leader will be here and will vote in favour of it. I guess until that night comes, I will not know for sure.

Bill C-383 stays out of provincial jurisdiction. Some people wanted to know why it did not go further. Provinces like Alberta, Quebec and others do not like it when we step into their jurisdiction, and with good reason. The bill is deliberately designed to stay out of their jurisdiction We are looking after our jurisdiction. We know they will look after theirs. This needs to be pointed out.

I want to personally thank my colleagues from Elgin—Middlesex—London and Niagara West—Glanbrook for their support. They both have ridings that border the Great Lakes. I certainly appreciate their support.

With no further ado, it appears as though I will have widespread support for this bill, as I should. It is a bill that is not partisan in any way. I think it looks after water, which is vital to all of us for life. I certainly thank members for their support on Wednesday night and as this bill carries on to third and final reading.

[The Acting Speaker, Conservative, Bruce Stanton]

The time provided for debate has now expired. Accordingly the question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Acting Speaker, Conservative, Bruce Stanton]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Acting Speaker, Conservative, Bruce Stanton]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Acting Speaker, Conservative, Bruce Stanton]

In my opinion the yeas have it.

And five or more members having risen:

Pursuant to Standing Order 93 the division stands deferred until Wednesday, October 3, immediately before the time provided for private members' business.