Mr. Speaker, I am pleased to speak today, at this stage in the study of Bill C-9, An Act to amend the Canadian Environmental Assessment Act, known as the CEAA.
Both the House and the committee worked very hard and have shown a great deal of goodwill in order to amend this bill to bring it into line with Quebec's longstanding environmental conditions and claims.
Let us recall the major elements of this bill. First, there are two new objectives: to promote cooperation and coordinated action between federal and provincial governments with respect to environmental assessment processes for projects; and to promote communication and cooperation between responsible authorities and aboriginal peoples with respect to environmental assessment. It would also subject the Canadian International Development Agency, CIDA, to the process and establish a federal environmental assessment coordinator for projects that involve several federal authorities or provinces. It also authorizes the use, as an assessment criterion, of local knowledge, aboriginal knowledge and traditions. The bill broadens the minister's discretionary power to get involved in projects in Quebec. It extends the participant funding program to comprehensive studies.
Allow me to talk about the issues for the Bloc Quebecois. Bill C-9, as it now stands, is not a bad bill. It is a considerable improvement on the Canadian Environmental Assessment Act, particularly by extending its application to CIDA and certain crown agencies.
Participant funding and the consultation of aboriginals are other very interesting features of this bill.
However, the problem lies with the very principle of the bill. The Canadian Environmental Assessment Act interferes in Quebec's fundamental jurisdictions.
When it was introduced in 1992, the legislation was interpreted as an attempt by the federal government to reintroduce some discretionary leeway in its environmental assessment process.
Clause 22 of the bill clearly broadens the federal government's authority to interfere in one of Quebec's areas of jurisdiction. The minister reserves discretionary power for himself by adding:
Where no power, duty or function referred to in section 5 is to be exercised or performed by a federal authority in relation to a project that is to be carried out in a province and the Minister is of the opinion that the project may cause significant adverse environmental effects in another province, the Minister may refer the project to a mediator or a review panel in accordance with section 29 for an assessment of the environmental effects of the project in that other province.
Clause 8 provides for the creation of the position of federal environmental assessment coordinator. This shows clearly that the federal government wants to insinuate itself into Quebec's process. it is because the federal government intends to act in Quebec's area of jurisdiction that it has to create the position of coordinator. If the federal government stuck to its own area of jurisdiction, coordination would not be required.
Initially, some provincial governments, including Quebec and Alberta, were the leaders. They criticized the Canadian legislation and demanded major changes that would have made possible for provincial processes to be used in place of federal assessments, but there were few federal concessions.
The bill appears to introduce discrimination between the promoters of projects associated with federal authorities and those that are not. For example, a partially federal-funded project would be covered by the law, but as soon as the federal level is not involved, another system clicks in.
Let us turn now to Quebec's opposition. In 1992, under Mr. Bourassa's government, the National Assembly passed a unanimous resolution denouncing the federal government which was acting unilaterally without taking into account Quebec's representations. The motion read:
That the National Assembly stronly disapproves of the federal government bill, ...an Act to establish a federal environmental assessment process, ...because it is contrary to the higher interest of Quebec, and the National Assembly opposes its passage by the federal Parliament.
Quebec is also against duplication of the process by the federal government. This federal process can take place in addition to the environmental evaluation from the BAPE. It is a waste of resources which could be used more efficiently for environment.
One has to remember this historical event. It is important to remember what our position was at that time, in Quebec, in an effort to understand what we went through with the current legislation, which is now to be amended.
Bill C-78 became Bill C-13, the Canadian Environmental Assessment Act. I have here documents from 1992 where the Government of Quebec was saying, with regard to the Canadian Environmental Assessment Act, and I quote:
There is indeed a risk that the latter will constantly be duplicated, disputed or subordinated to the application of the federal process. Yet, the Quebec procedure has been well established for ten years already; it is well known by the general public and the promoters from Quebec; and it has proven itself.
Let me repeat this quote:
There is indeed a risk that the latter will constantly be duplicated, disputed or subordinated to the application of the federal process. Yet, the Quebec procedure has been well established for ten years already; it is well known by the general public and the promoters from Quebec; and it has proven itself.
The Government of Quebec added that the areas where the federal authority can get involved are somewhat limitless. Therefore, in the view of the Government of Quebec of the time, the scope of this Canadian Environmental Assessment Act was limitless, given all of the provisions the bill contained to force obligatory reviews of projects by the federal authority.
That was our view, in Quebec, of Bill C-13, which became the Canadian Environmental Assessment Act, which we are amending today. At the time, Quebec was also worried that this environmental assessment process would create duplication. It did say that if Bill C-13 was passed as written—and I want to stress this because it is the basic legislation that we are amending here today—it would mean subjecting to federal assessment many environmental projects with an environmental impact, which have already gone through the environmental assessment and review process in Quebec. This situation would therefore create a serious duplication problem in Quebec.
The scope of our Bureau des audiences publiques sur l'environnement, or BAPE, is expanded to include various issues, and not only specific projects from proponents, something that is not possible in the federal process, which was enacted a few years ago and which we are amending today.
Therefore, the significance of the Quebec process must be recognized. As I said, Quebec did not sign the Accord on Environmental Harmonization because it was afraid at the time that there would be some bills that are not really intended to improve cooperation. As people often say, with an accord or a bill like that, you do not need to be married. Under these circumstances, we do not want to be partners. True partnership involves cooperation.
We do not see how the Government of Quebec could find a way to get application of these elements of the federal environmental assessment process delegated to it, although the process it has had in place in recent years is acknowledged as the most effective in the world. Not only do we say so, others do as well. Why undo what is being done well? If Quebec were not proactive as far as environmental assessment is concerned, I might just about be able to understand the Canadian government's desire to develop a federal process, because of the Quebec government's lack of stringency as far as environmental assessment is concerned. But why do they want to duplicate it when the Quebec process is recognized as working?
This is evidence of an increasingly centralist government in Ottawa, despite its preaching of cooperation and harmonization. People cannot say one thing out of one side of their mouths, and its opposite out of the other. They cannot say that cooperation and collaboration are necessary and then turn up with bills that could not be more centralist.
Political consistency is the one and only thing that will restore public confidence in the political system. Inconsistency and an approach of this type is what leads to Quebeckers and Canadians to lose interest in politics and politicians. To my mind, consistency is vital.
So why not give full rein to a Quebec process that allows a comprehensive study? That is what I cannot understand. Since the Quebec process allows comprehensive study, why, if the federal government wants to achieve good environmental assessment, not let this process be used to its full extent,since it does provide comprehensive study? But no, they want to consolidate a bill.
There is another fundamental problem. The Canadian Environmental Assessment Act adopts a process of self-assessment, in that the federal authorities assess their own projects, unlike the situation in Quebec where we have our own Bureau des audiences publiques sur l'environnement to do environmental assessment. Often, under the Canadian legislation, departments do their own assessments.
So they are both judge and defendant. It is as if the oil industry or an industrial developer were told, “You will conduct your own environmental assessment”. What would happen? It would result in biases. What we really need is not a self-assessment process, but a truly independent process as afforded by Quebec's Bureau d'audiences publiques sur l'environnement.
We have some serious criticisms of several clauses of Bill C-9. First, clause 22 clearly gives the federal government greater authority to interfere in one of Quebec's jurisdictions. By adding “of the opinion”, the bill gives the minister discretionary power. So, the minister has the discretion to intervene.
Second, in clause 8, the whole part about the federal environmental assessment coordinator clearly shows that the federal government wants to interfere in Quebec's process. The federal government has to create this position because it intends to operate in one of Quebec's jurisdictions. If it stayed in its own jurisdiction, it would not need to do this.
Quebec is not opposed to a federal environmental assessment process, just as it did not oppose the federal species at risk legislation. Why was it not opposed to such legislation? Because, since 1990, Quebec has its own such legislation. It took the federal government 13 years to decide to adopt federal species at risk legislation and, 13 years later, we are being told that the federal legislation might eliminate Quebec's process and legislation.
The process in Quebec is more at arm's length, as compared to that approach. It excludes fewer projects, thus ensuring more comprehensive protection of the environment. It is less complex than the federal process. It is also more uniform, hence more predictable, since it comes under just one entity instead of various federal departments. Finally, it provides clearly set time limits, contrary to the federal process, which never gives any precise time limit.
I am not convinced that our fellow citizens are happy with the federal process, under which only 1% of projects are subject to a comprehensive study. I would be curious to ask the question to Canadians and I would be happy to do a public opinion poll to ask those who used the federal process if they are happy with the fact that only 1% of projects were subject to a comprehensive study, which means that 99% underwent a screening. I would ask them: are you happy with that? Do you believe that the process is transparent? Do you think that the self-assessment philosophy of the federal government is right? I am convinced that the results would be different.
It seems obvious to me that the federal government is trying to force a process on Quebec, which already has an effective process. This is my opinion, but it is also the opinion of others.
I also wish to say that in committee we strived to have the special status given to the Cree people in Quebec and recognized under article 22 of the Baie-James Convention, which provides for a distinct environmental assessment regime and process, recognized under the Canadian Environmental Assessment Act, as it is under the environmental quality legislation in Quebec. This was one of the major demands of the Grand Council of the Crees, namely thate this special status be given and that article 22 of the convention be recognized.
Their proposal on energy sates:
In order to guarantee Quebecers the hydro supply they will need in the near future, we intend to speed up hydro project development by quickly reaching an agreement with federal authorities in order to harmonize, and even delegate to Quebec the environment assessment process.
The Government of Quebec wishes to reduce waiting tperiods, among other things, for hydro projects. Hydro is the main economic generator in Quebec.
The past is an indication of what the future holds in store. Look at what this government has done with the environmental assessment project in the Toulnustouc project on the North Shore. It is important to remember that the interference of the federal government in the hydro-electric generating station on the Toulnustouc River in 2001 caused delays of several months on this key project for the region.
After reviewing the environmental assessment of the project, after public consultations in Baie-Comeau and Betsiamites, after 13 hearings involving some 650 people with 31 briefs having been presented, the BAPE gave the project its approval in June 2001. This hydroelectric power plant was going to generate employment for 800 people per year.
The federal government decided to enforce the federal process, skeptical of the BAPE's environmental assessment under Quebec's system, thereby delaying a sustainable development project for Canada, and also violating the principles of sustainable development.
The environment and society are equally important. I think that the proposal of the current Liberal government, to have environmental reviews delegated to Quebec, is completely warranted.
I find this reassuring and I have the following observation. We have often been blamed here in the House for not understanding anything. The Government of Quebec was often blamed for not understanding the situation and for not wanting to cooperate or harmonize environmental measures, because it was a PQ government, sovereignist and separatist—as the members opposite call us. Now, we can see that there was not just the issue of the fiscal imbalance that the Government of Quebec could not agree on. The current Liberal government in Quebec does not agree on this issue either.
I am truly convinced that when the newly elected government in the National Assembly sees this bill and studies and evaluates these major amendments, it will be consistent with Robert Bourassa's position in 1992 and support the drive to patriate these powers and have one single environmental review process for all projects.
In the end, I am convinced that the new government will remain faithful to Quebec's past demands and to the best interests of Quebec, as all of the governments in Quebec have done for decades.