Canada National Marine Conservation Areas Act

An Act respecting the national marine conservation areas of Canada

This bill was last introduced in the 37th Parliament, 1st Session, which ended in September 2002.


Sheila Copps  Liberal


This bill has received Royal Assent and is now law.


All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.

Canada National marine conservation areas ActGovernment Orders

November 20th, 2001 / 3:20 p.m.
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Robert Lanctôt Bloc Châteauguay, QC

Mr. Speaker, normally I would not use the two minutes that I have left, because I had many opportunities to speak this morning. However, given the importance of Bill C-10, to which we are opposed, I will use those two minutes.

Before oral question period, I was saying that there is confusion within the government's own departments, whether it is Fisheries and Oceans, or Environment Canada. Now, in addition to these two, Canadian heritage wants to be responsible for certain areas, this strictly for Canadian unity reasons.

With this much confusion within the federal government itself, it is easy to imagine the confusion there would be at other levels of government. To whom would a provincial government such as Quebec go in connection with the administration of a protected zone? I have no idea.

This confusion gives rise to another problem as well. The problem is a fundamental one. If the departments of a government cannot work together, how can we expect provincial governments to co-operate? It is understandable that the Government of Quebec would refuse to co-operate in this project. The federal government is unable to tell us clearly and precisely why this bill comes from Canadian heritage, when Fisheries and Oceans Canada already has a marine area protection program. The Bloc Quebecois cannot but oppose such an incredible administrative muddle as this.

The way this bill is to be implemented is not clear; it cannot be clear, because of the very nature of its objectives. Canadian heritage is trying to take over jurisdictions that are not its own. It is also trying, with this bill, to take over areas that are not its areas, and thus to meddle once again in provincial jurisdictions and in Quebec's jurisdiction, under cover of the environment. How far will the federal government go in taking over jurisdictions that belong to Quebec and the other provinces?

I reiterate my opposition to Bill C-10 on protected marine areas for several reasons, including the overlap of the responsibilities of departments and especially because of the indirect approach taken in appropriating jurisdictions that belong exclusively to Quebec and the other provinces.

Once again, the federal government has chosen to introduce a bill that ignores action already taken, and successfully. I am talking of course about the agreement regarding the Saguenay—St. Lawrence marine park.

I fear for the future of people who believe in this government, which takes no account of their interests. I fear for the future of our environment when the objectives of a bill put before us ignore its primary focus, the environment.

In closing, I want people to understand what we are saying here. The Bloc Quebecois is in favour of protecting the environment, but we cannot be naive to the point of agreeing to pass this bill. The government tried to get the House to pass similar legislation in previous parliaments through Bill C-8 and Bill C-48. Now we have Bill C-10, which creates overlap and through which the government is trying to use crown lands.

Canada National Marine Conservation Areas ActGovernment Orders

November 20th, 2001 / 1:50 p.m.
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Robert Lanctôt Bloc Châteauguay, QC

Madam Speaker, following the moving of the amendment to the amendment, I would like to rise again today because I believe it is very important that I make the following comments.

Once again today I am addressing the House, not only as a member of parliament, but also as a citizen concerned with protecting the environment.

Like my colleagues in the Bloc Quebecois, I am in favour of legislation aimed at protecting the environment and of measures focusing on environments at risk, on land or under water. Is it necessary to remind this House that the Bloc Quebecois supported the bill creating the Saguenay—St. Lawrence marine park?

Our support, however, is neither blind nor naive. We will continue to support pro-environment bills, but not at any price, not in just in any way. Hence our opposition to Bill C-10.

Our primary objection is that the federal government's intention is to use this bill to appropriate the lands and areas of jurisdiction belonging to Quebec and the provinces by creating marine areas.

As I explained earlier today, for the federal government to be able to take over everything, several critical elements must be present including as a prerequisite that it has clear title on the submerged lands. But it does not own them.

This is not only because the Constitution Act, 1867 says that the management and sale of public lands are an area of provincial jurisdiction, but also because Quebec's legislation on public lands applies to all public lands in Quebec including the beds of waterways and lakes as well as the bed of the St. Lawrence river, the estuary and the gulf of the St. Lawrence river, which belong to Quebec by sovereign right.

The Canadian heritage backgrounder mentions three areas: the St. Lawrence River, the estuary and the gulf of the St. Lawrence. The government wants to apply the bill to three areas under provincial jurisdiction.

The federal government would contravene section 92 of the Constitution Act, 1867, which provides that the management and sale of public lands are within the jurisdiction of Quebec and the provinces and not the federal government. The federal government cannot use an environmental protection measure to appropriate lands belonging to Quebec and the provinces. Rather it should seek the provinces' co-operation.

This is yet another example of the federal government's stubbornness about a process that works well. Again, the establishment of the Saguenay—St. Lawrence marine park is the result of co-operation and partnership.

Why does the government refuse to listen to reason? It was the case with the young offenders legislation. The Quebec approach, which is based on rehabilitation and reintegration, has proven effective, but the federal government continues its push for a hard line approach. Today, I realize that the government is using the same process with this bill in that it wants to pass it first and then look at the issues.

I fear for the future of intergovernmental relations because we cannot trust a process that does not respect the public interest and, more importantly, because we cannot trust a government that does not respect its own departments. The Department of Fisheries and Oceans already has a program of marine protection zones in place. I stress the fact that this program is already in effect.

The result of all this is a state of confusion, and particularly of lack of respect. This is a case where the winner will be the one that will manage to gain the upper hand. Within the same government, we could end up with a duplication of tasks and skills. Why do they want duplication? How can the government justify this duplication? Why is it necessary? How many levels are required? How far will the federal government go in its quest for duplication? What worries me about this scenario is the rivalry that will result.

On the one hand, we have the Department of Fisheries and Oceans, which has expertise in this area. There is the Department of the Environment, which also has expertise in this area. And, now, we have Canadian heritage, whose mandate is limited to promoting Canadian unity. Which of them can we trust? Which of them should we trust?

Canadian heritage uses the environment for national unity purposes, while fisheries and oceans manages our marine natural resources. Can we trust the federal government to make the right choice in this case? Sometimes, I wonder whether the government has any judgment left, let alone common sense.

My main concern about the bill is the flagrant lack of co-operation within the government itself. I strongly doubt whether such behaviour would reassure the other levels of government regarding the introduction and enforcement of a bill whose intentions are noble, but which really boils down to unhealthy rivalry.

This brings me to another question: who will have the upper hand in the event of conflict? Which department will have the last word? If the federal government answers this, it will be tantamount to revealing its true objective and its true nature as far as the purpose of this bill goes. This could easily become a double edged sword.

On the one hand, the government insists that the environment is a priority, while on the other it takes advantage of this fine principle to flog national identity, using Canadian heritage which, I would remind hon. members, possesses no expertise whatsoever as far as the environment is concerned.

The result is pitiful. Even if we do not go so far as to call it a downright dangerous appropriation of funds and resources, there is confusion, total and insurmountable confusion. There is such confusion that even those in charge of the various departments are lost themselves. There is no way of sorting it out. Confusion reigns among the departments.

If there is confusion amongst the departments, it is easy to imagine what confusion there would be among the key stakeholders. Which department will be the one to really administer this protected zone? Which one will really be in charge of the stakeholders? Which will penalize those breaking the law?

All of these questions remain without answers, and no answers will be forthcoming, for there is no one capable of answering without sinking into a morass of duplicating and overlapping policies.

Canada National Marine Conservation Areas ActGovernment Orders

November 20th, 2001 / 1:20 p.m.
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Progressive Conservative

Scott Brison Progressive Conservative Kings—Hants, NS

Madam Speaker, it is a pleasure to speak to Bill C-10, an act respecting the national marine conservation areas of Canada.

I very much enjoyed hearing the comments of my colleague from Edmonton North. She mentioned the pleasure she derived from driving her Honda GoldWing through Canada's national parks, always on the pavement though, not through the woods and trails. That would not be possible in one of Canada's new marine parks. While it would not be possible, it would not be politically advisable either to do it on a Sea-Doo or perhaps a pumpkin, but that is another story.

The legislation in general makes a great deal of sense. For generations we have recognized the importance of protecting our parklands and national parks. These have been a source of pride for Canadians, as we recognize the importance of protecting our ecosystem and our natural environment, not simply for the sustainability of that environment but also for the pleasure that we and future generations derive from that national environment.

We recognize that we have the same responsibility over our coastlines and our water areas as we have over our lands. If we compare our responsibilities up to the 200 mile limit with those responsibilities we have over our terrain, they are almost identical. It is only intuitive that we move in the direction of recognizing the importance of protecting marine conservation areas in the same way we protect our national parks in Canada.

This is particularly important as we enter an age where ecotourism is becoming increasingly important. Many people who travel to Canada and its coastlines are not coming for theme parks or shopping. However, with the Canadian dollar having been bludgeoned so consistently by this government, perhaps shopping would not be a bad alternative.

In many cases, tourists who come here from other parts of the world come because of our unique, important and very special ecosystem and environment.

We have seen many examples of bad environmental policy in Canada in the past, in part, because we have taken for granted the wealth of our natural resources. Canada has wide open spaces and much natural beauty. In many ways we have taken that for granted over the years. We have seen bad environmental policy ultimately become bad economic policy. The cost to fix some of the catastrophic effects of decades of neglect does not take into account the sanctity of our lands and our natural resources.

Canadians can be united under the vision that bad environmental policy ultimately is bad economic policy. This becomes increasingly self-evident as ecotourism becomes a more important industry in Canada. That is certainly the case in our national parks and their surrounding areas and is obviously will be the case in our marine conservation areas.

I heard some concerns expressed in the House today, including some by the member for Dewdney--Alouette who has stewarded this legislation at committee for our caucus.

Some concerns that I share are the degree to which the federal government has a habit of consistently running roughshod over provincial jurisdictional boundaries. Instead of working with the provinces or with some subnational governments in a pre-emptive way to develop legislation that fully respects the sanctity of provincial and subnational jurisdictional boundaries, the government tends to create the legislation. Then, during the post-implementation period, it determines exactly how far it can push and trample on the legitimate jurisdictional responsibilities of provinces and other governments.

It would make far more sense for the government to sit down with provinces and subnational governments, consult pre-emptively and develop legislation as partners, as opposed to presenting legislation and ultimately creating what would and could very easily become an adversarial environment. It is unfortunate the government does not take that opportunity and take its responsibility more seriously to consult with and work with the provinces in a more genuine way.

The member for Edmonton North made a great point earlier. She said that if the federal government took a proactive role and worked with the provinces, this could be an initiative of which all Canadians could feel proud and which would be a uniting initiative as opposed to what ultimately can be a divisive initiative of the government.

Some other concerns I have heard expressed in the House have been addressed by the government. The government has moved somewhat and there has been some success at the committee level and beyond.

In terms of order in council powers, this government, more than any government before it, has abused those powers and that authority. As the power has become increasingly concentrated, not just in cabinet any more but in the Prime Minister's Office, we have seen a significant reduction in the role parliament and in the role of members of parliament in determining the priorities of legislation like this and in helping shape this type of very important legislation. That is unfortunate not just for members of the House, but it is unfortunate for every Canadian represented by members in the House. When we reduce the rights of parliament and the rights of individual members of parliament, we ultimately reduce the democratic rights of individual Canadians.

If there is something that can unite almost every member of the House, regardless of whether they are on the government side, in the back benches or in opposition, it is the need for greater parliamentary input. This is not just lip service to legislation to make the television viewers happy when watching our deliberations. It involves genuine input that shapes legislation which will have a significant effect on future generations. Institutional reform is something to which we ought to devote far greater effort.

We support in principle the direction of the legislation. It makes a great deal of sense at this juncture to move in this direction. However we believe that the provinces and other subnational governments should have been, and should be, consulted in a more vigorous way prior to the formation of this legislation. If we expect the subnational governments to be part of the solution, we cannot impose this type of legislation on them. We need to work with them to build legislation that will impact significantly on their general business.

Canada National Marine Conservation Areas ActGovernment Orders

November 20th, 2001 / 1:10 p.m.
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Antoine Dubé Bloc Lévis-Et-Chutes-De-La-Chaudière, QC

Madam Speaker, I am pleased to speak to Bill C-10.

Bill C-10 is a rehash of two predecessors, identified at the time as Bills C-8 and C-48. This raises the following question: why did the government not pass C-8? Why did the Liberals, in their third mandate, not pass C-48?

There are a number of reasons why. In the latter case, it is because the Prime Minister decided to call a hasty election in order to catch his adversaries by surprise, particularly the new leader of the Canadian Alliance. He put vote-getting ahead of a number of bills, and this one, along with 22 others fell by the wayside. I remember, because one of those was a private member's bill on shipbuilding.

Now we are only a few weeks away from the anniversary of that election call, at which time that bill on shipbuilding had gone through all the stages, second reading, clause by clause examination in committee and report stage. All that remained was third reading, but the Prime Minister preferred to call an election. I know that my bill was not the only reason; it was primarily to gain political advantage, one might say.

There is another question. If the government had not yet passed this bill on marine conservation areas, it is certainly not because it was a priority. If it was not a priority during the two previous mandates, is it really a priority now? I doubt it. I would tend to believe that the government does not have much to offer to the House in terms of a legislative agenda while the anti-terrorism legislation is still in the planning and consultation stages. In the meantime, it gives us this bill to discuss.

As I recall, when we were dealing with Bill C-8 and Bill C-48, on each occasion I took part in the debate and spoke against those bills for the very same reasons.

We in the Bloc Quebecois often bring up the fact that there is duplication between the federal and provincial governments. This is another case in point. Under the Constitution, natural resources and public lands come under provincial jurisdiction. It is a proven fact.

Nevertheless and in spite of warnings, in spite of the opposition, and in spite of the result of botched consultations, we have this bill before us. If an independent firm were asked to report on the kind of consultations that were carried out on the bill, it would not be very likely that the same company would be hired again. The data is not conclusive.

Moreover, this duplication is, I do not know how to say this, “intrafederal”. We are talking about creating marine conservation areas which would come under the Department of Canadian Heritage, but we already have marine protection areas under the responsibility of the Department of Fisheries and Oceans. We also have marine wildlife areas under the responsibility of the Department of the Environment.

It bears repeating: marine conservation areas, marine protection areas, and marine wildlife areas.

This, as my father would say, is a lot of hogwash. It is incomprehensible. By trying too hard to protect natural resources, the government may actually harm them, and I wonder about their motives. Apparently conservation is what they have in mind, but conservation in terms of heritage. I suppose that fish could be admired for their beauty or like any other typically Canadian item.

But these things are related and, during the consultations, people said “Yes, but there is a very distinct possibility when there is a desire to protect natural species for heritage reasons in the same areas as fisheries and ocean's marine protection areas”. But fisheries and oceans officials want there to be more fish and fisheries products to feed us, as well as provide work for people in regions such as the Gaspé or the maritimes. The Department of the Environment is also concerned because all this is very closely related.

And precisely because it is closely related, should these three kinds of areas not come under the jurisdiction of one federal body? Imagine the situation for people in Quebec or in other provinces trying to manage projects or areas under the authority of one or the other of these three departments. The federal government is in the process of inventing a weapon by which it can attack provincial jurisdictions from three different angles. One would think we were in Afghanistan, so intense is the bombardment. This will not do. It is intrafederal duplication.

The member for Chicoutimi—Le Fjord is laughing, but I know that he agrees with me. He too thinks it is ridiculous. But now, he can no longer say so because he is sitting with the Liberal majority. He is obviously forced to toe the party line. But when he was on this side of the House, he was in favour. Then, he was right to support the creation of the Saguenay-St. Lawrence marine park.

Why was that a good project? Because there was an agreement between Quebec and the federal government intended not just to protect but to develop this beauty, which the member for Chicoutimi—Le Fjord could still develop.

I could give another example of co-operation that took place, but that is not moving as quickly as we would hope. I am referring to the St. Lawrence action plan, which concerns primarily the shores of the river. Many projects are waiting for funding and money. I saw the tremendous work done by priority intervention zones. The zone in my region is called the Zone d'interventions protégées de Chaudière-Appalaches. Several projects are waiting for money to develop and protect the environment, and to help the ecosystem.

But instead of that, what we have before us is a virtual bill, since it does not target a specific territory. This is an omnibus bill that would allow the government to get involved in jurisdictions that, again, belong to the provinces, this within a framework that does not include public lands alone, but also natural resources that belong to the provinces. This is being done after a rushed consultation process.

When we want a copy of the supposedly 300 pages on the outcome of these consultations, we are given 73. It is as if the protection of these areas were a military secret. It is almost forbidden to say where these areas will be located, as if this were a highly strategic piece of information. If this were a priority, the government would have included it the first time, in Bill C-8, and the second time, in Bill C-48. But it did not do so.

Now that things are quiet and that the government is not ready to go ahead with Bill C-36 because consultations are still going on, it is making us debate this issue in parliament.

I say that it is too bad for the Liberal government. Every time, we tell the government the same thing and say “You are getting involved in provincial jurisdictions. Instead of doing that, put money in your own jurisdictions, in national parks”.

Instead, a report from the auditor general talks about negligence and insufficient staff and funds, before adding that it is an ill-protected area. And the government wants to develop more areas. This just does not make sense.

Canada National Marine Conservation Areas ActGovernment Orders

November 20th, 2001 / 1 p.m.
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Canadian Alliance

Deborah Grey Canadian Alliance Edmonton North, AB

Not on a motorbike, that is true. We want to be able to celebrate marine areas whether they are oceans, lakes or whatever. We have a marvellous heritage and beautiful waterways. We need to celebrate them and make sure that their safety and sanctity remain in place.

The bill would allow for the creation of future marine parks or the enlargement of existing parks by order of governor in council. Members will know that governor in council is a tremendously powerful tool. It can be used for good but it is also an amazing temptation to use for power because one does not need to mess around with all the to-do of having to go through parliament.

It is important to make sure that the House knows, accepts and endorses any changes that would take place regardless of what kind of legislation it is. We are currently working through the anti-terrorism bill after the events of September 11. We know how important it is that parliament be allowed and enabled to speak on it.

We have reservations about governor in council because we must make sure that it does not run roughshod over the democratic process.

A proposed amendment would be tabled in each House and referred to committee which would have the option of reporting back to the House. In order to defeat the proposed amendment the committee would have to report to the House that it disapproved of the amendment. If no such motion were proposed in either House after 21 sitting days the amendment could be made, thereby creating or enlarging an MCA.

It is important to bring things before the House. We are not here for the fun of it. It is not that we all love to debate although I am sure that is a characteristic most of us share. Nonetheless things should not be hived off through a backroom process and people should not whip things through. These things need to see the light of day. Canadians must be ensured that they know exactly what is going on.

The marine conservation areas could include seabeds, including the waters above them and species that occur within them, as well as wetlands, estuaries, islands and other coastal lands.

I am not a serious scuba diver. My husband and I have taken it up in the last few years and we enjoy it. How special it is to be able to appreciate not just what God has created overland and on the ocean but underneath as well. We saw some magnificent things while scuba diving in Mexico and St. Thomas in the U.S. Virgin Islands. They were unbelievable experiences we were allowed to share and we are very grateful for them.

We are concerned about the environment and about the ecosystem under the ocean. It is essential to make sure we protect them. When I look at the bill I want to make sure that it is safe and environmentally sound for creatures under the sea, for people who will be scuba diving, and for people who will be participating on the water or underneath it.

The concern I raised related to flight and boating patterns for people flying over or boating across conservation areas. We need to ensure that the legislation takes into consideration the concerns of commercial ventures and not simply environmental issues.

There have been some technical and minor substantive changes when I compare the bill to Bill C-8. Some of my concerns and reservations have also been addressed.

Bill C-10 includes the following changes from Bill C-8 which was introduced in the second session of the 36th parliament. There is a stipulation in subclause 2(2) that nothing in the legislation would abrogate or derogate from existing aboriginal rights. Those are things that are essential as well. We want to make sure that the aboriginal communities are consulted and not just having things announced to them. We want to ensure that the ecosystem is very balanced and in place.

There is an explicit requirement in subparagraph 5(2)(b) for provincial consent in the establishment or enlargement of a national marine conservation area. That is important because the provincial governments are the level of government that is closer to the people. Then one has municipal governments which are the closest level to the people, period.

I was at the Alberta urban municipalities association government luncheon in Edmonton on Friday talking to town councillors. All members can be assured that if a sewer backs up or if a dog is barking people do not phone their member of parliament. They phone their town councillor or their county reeve, the level of government which is most closely associated with the people.

The provincial government is just one level closer. It is essential for provincial governments to be able to buy into that. That is very wise. If a federal government ever goes over the head of a provincial government it runs the risk of ostracizing people and pushing people aside. No one stands to gain anything from that.

There is an allowance in subclause 4(4) for zones for sustainable use and for high protection of special features and fragile ecosystems within these marine conservation areas. That is good as we need to have sustainable environmental controls on it.

I will comment on the whole idea of economic development. These are essential things to a commercial airline such as Harbour Air on the west coast of British Columbia. It has been flying over these areas for years. We do not want any government going to an extreme and specifying that there can no longer be commercial flights.

We need sustainable use, economical development and environmental impact studies. All these things have to go together and they should complement each other not be at odds with each other.

There is a requirement in clause 7 for an interim management plan when government tables in parliament a proposal for the establishment of a marine conservation area. We must acknowledge how important this place is to the debate and implementation of those things and how important it is that government be wide open with its intentions.

People across Canada would then feel safer, more special and consulted. They would certainly buy into with a sense of ownership and pride any matter regarding a national marine conservation area. It is not that people are against it. They are nervous about what the government will do. They have had many experiences where an order in council was brought through and a regulation happened.

It is not as if they were asked if this was all right. They were not consulted to work something through together with government. Rather there was some great pronouncement from on high that this would be the way it was. Some claim they are from the government and are there to help them. That makes people more nervous than confident.

I am pleased to see that the government made some changes. I am looking forward to making sure that the bill is not only sustainable but that it celebrates our unbelievable commitment not just to yap about it but to look after our environment, national parks and national marine conservation areas.

Canada National Marine Conservation Areas ActGovernment Orders

November 20th, 2001 / 1 p.m.
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Canadian Alliance

Deborah Grey Canadian Alliance Edmonton North, AB

Madam Speaker, I rise to address the bill again. It has been in the House for quite some time, as we know.

This is Bill C-10 in its latest incarnation. Members will recall that it was Bill C-8 in a previous session. I had serious concerns with Bill C-8 and obviously concerns about this one as well. It looks like the government had some second thoughts about the bill. I am pleased to say that the government is moving in the right direction.

The bill would create four marine conservation areas representing five of the twenty-nine marine regions. I had several people in my office last year who were explaining and showing me maps of the marine regions. I know that we have national parks in the country.

I live in Alberta and we celebrate our national parks there. There is nothing more beautiful than riding a Honda GoldWing across Banff, Yoho and Jasper national parks. It is a tremendous experience. My husband Lew and I were able to do that this summer and we really enjoyed it.

If we are able to celebrate that in terms of national parks on land, we want to be able to celebrate the sea and marine heritage as well.

Canada National Marine Conservation Areas ActGovernment Orders

November 20th, 2001 / 12:50 p.m.
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Diane Bourgeois Bloc Terrebonne—Blainville, QC

Madam Speaker, I am happy to rise in the House today to express my concerns about the legislation respecting the national marine conservation areas of Canada, Bill C-10, which brings back the former bills C-8 and C-48 introduced during the 36th parliament.

Of course, I was not in the House when these bills were introduced during the 36th parliament. However, this legislation easily attracted my attention and should be studied in-depth because Quebec was among the first to ensure public access to its waterways, as it so desires.

Protection of the environment has been a constant concern for the Bloc Quebecois. I remind those listening and the government that the Bloc Quebecois supported the government when it introduced its legislation to create the Saguenay-St. Lawrence marine park in 1997. That legislation provided for the creation of the first marine conservation area of Canada.

Unfortunately, this time, we cannot support such a legislation. I will only give three reasons why the Bloc Quebecois cannot agree to this legislation.

First, in Bill C-10, instead of focusing on working together, as it did in the case of the Saguenay—St. Lawrence marine park, the government is giving itself the right to establish marine conservation areas with no regard for Quebec's jurisdiction over its territory and environment.

Bill C-10 does not respect Quebec's territorial integrity. My colleagues from Manicouagan and Châteauguay were saying that it is under the Constitutional Act, 1867, that we have this territorial integrity. At the time, the provinces, including Quebec, were guaranteed exclusive jurisdiction over the management of crown lands.

At the same time, Quebec legislation concerning crown lands applies to all crown lands in Quebec, including the beds of waterways and lakes and the bed of the St. Lawrence river, estuary and gulf, which belong to Quebec by sovereign right.

However, according to the notes provided by Canadian heritage on this famous bill, marine conservation areas are planned for the Gulf of St. Lawrence, as well as the river and estuary, three areas where the seabed comes under Quebec's jurisdiction.

This is a very clear example of federal meddling in a provincial jurisdiction. I find it terrible that, as Quebecers, we are once again subjected to provocation and lack of respect by the government, which wants to do only what it wants.

It is clear that this government is working to create almost voluntarily an explosive climate for Quebecers. It continually infringes areas exclusively under Quebec's jurisdiction and is endlessly trying to impose unreasonable legislation, whose content and effect Quebecers consider an insult to their intelligence.

There is another reason why we are not supporting this bill. Canadian heritage as is its practice all too often is proposing to put a new structure in place, the marine conservation areas, which will duplicate the marine wildlife reserves of Fisheries and Oceans Canada and the marine areas of Environment Canada.

Canadian heritage has done a poor job protecting ecosystems. Its decisions will take precedence over regulations already established under the Fisheries Act, the Coastal Fisheries Act, the Canada Shipping Act, the Arctic Waters Pollution Prevention Act, the Navigable Waters Protection Act and the Aeronautics Act.

It will be readily understood that this practice can only lead to a whole raft of problems with respect to marine protected areas, marine wildlife reserves and marine conservation area with regulations for each and other regulations superimposed by Canadian heritage.

We might quote from the testimony of Patrick McGuinness, the vice-president of the Canadian Council of Fisheries, who totally opposed this initiative because it is “ineffective and encumbers the administration of public affairs”.

Third, we could talk about Canadian heritage's great achievements in protecting the ecosystems of existing national parks and its expertise in the field along with its role as leader in protecting our ecosystems.

They are far from brilliant. I will quote a few of the findings reported by the Panel on the Ecological Integrity of Canada's National Parks. This panel released a public report and urged the government to make the ecological preservation of parks a priority once again.

The same panel found that, in some national parks, the stress on the resource was so great that some species were disappearing. In Fundy park, in New Brunswick, three species have disappeared since the park was created. Only one of the 39 national parks of Parks Canada does not experience this stress. The situation is worse than what the panel of scientists expected. To make matters worse, there is a dramatic lack of scientists in national parks to evaluate ecosystems.

Allow me to doubt that Parks Canada and Canadian heritage can preserve marine conservation areas, since they do not have the minimal resources needed to protect national parks today.

A sensible and responsible government would have adopted a more logical approach, that is ensuring that only one department deals with the protection of our ecosystems and that departments involved arrive at an agreement in which they would transfer their responsibilities to the department in charge. Would that not make more sense?

In this case, I believe it would have been better to centralize all activities in one department, to give it the necessary resources to do its task and to ensure an adequate protection of marine conservation areas, administered and implemented by expert and competent people.

Moreover, the government is not only intruding unduly into provincial fields of jurisdiction—something that is extremely important for me—it is also squandering the money of Canadian and Quebec taxpayers in a tangle of complicated and endless legislative and administrative measures.

That is why the Bloc Quebecois will not support this bill. It is an act that is unrespectful of Quebec, legislation for which there has been no real consultation with stakeholders and that does not take into account the recommendations made by the government's own experts, who advised the government to solve the more urgent problems before doing anything else.

Canada National Marine Conservation Areas ActGovernment Orders

November 20th, 2001 / 12:40 p.m.
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Ghislain Fournier Bloc Manicouagan, QC

Madam Speaker, as the member for Manicouagan, I am pleased to rise today to support my Bloc Quebecois colleagues regarding Bill C-10, an act respecting the national marine conservation areas of Canada.

First, I want to reiterate the fact that our party supports environmental protection measures. I should mention that the Bloc Quebecois fully co-operated and supported the government when it introduced the act establishing the Saguenay—St. Lawrence marine park. This is an example that should be followed.

Also, the Quebec government initiated actions to protect the environment and the seabed.

It only makes sense to protect the environment, but all stages must be completed in co-operation with provincial governments. This time, contrary to what it did with the Saguenay—St. Lawrence marine park, the federal government is about to decide alone the rules to establish marine conservation areas, without taking into consideration Quebec's jurisdictions over its territory and its environment.

This is one of the fundamental reasons the Bloc Quebecois is opposed to this bill. The government does not seem to take into account the whole issue of partnership. The government, through Canadian heritage, is now proposing to set up a structure, namely marine conservation areas, that will interfere, as my colleagues pointed out, with marine protection areas in Quebec. We are talking about fisheries and oceans and marines areas, but there is the whole issue of ecosystems in existing national parks, which Canadian heritage is currently not able to protect.

This bill shows to what extent the federal government is about to get involved in provincial jurisdictions, even though the beds of waterways largely belong to the provinces. By this I mean that they belong to the provinces affected, namely Quebec.

Bill C-10 does not respect the territorial integrity of Quebec. As the hon. member for Châteauguay pointed out, the Constitution Act, 1867, provides that “the management and sale of crown lands are matters of exclusive provincial jurisdiction”. It could not be clearer.

Furthermore, Quebec's legislation act on public lands provides that the bed of the St. Lawrence river and gulf belongs to Quebec by sovereign right.

This act provides that Quebec cannot transfer its lands to the federal government. As for the protection of habitats and fauna, it is a matter of joint federal and provincial jurisdiction. As a matter of fact, the government of Quebec plans to establish a framework for the protection of marine areas in the near future.

Moreover, according to Canadian heritage backgrounder on the bill before us, marine conservation areas are planned for, first, the St. Lawrence river, second, the St. Lawrence estuary and third, the gulf of St. Lawrence. These are three areas in which the ocean floor is under Quebec's jurisdiction.

Moreover, this bill will create a real cacophony because there is a lot of overlap. The federal government wants to establish marine conservation areas through Canadian heritage, marine protection areas through Fisheries and Oceans, and marine wildlife areas through Environment Canada. We would see the establishment of several superimposed areas; it does not make any sense.

I would like to highlight the rather skewed consultation process conducted by Canadian heritage. We are told that a consultation paper was sent to 3,000 groups across Canada. According to Canadian heritage, over 300 pages of answers and comments were submitted. But when the Bloc Quebecois asked for a copy, we only received 73 pages.

On top of that, the government is planning to pass framework legislation allowing it to establish 28 marine conservation areas without referring back to parliament. Opposition parties are asking that each future marine conservation area be put to a vote in parliament.

It should also be noted that the three opposition parties put forward amendments to prevent the federal government from acting unilaterally. But the Liberal members rejected these amendments alleging that they involved a provincial veto, even when the territory is under federal jurisdiction.

The Bloc Quebecois asked that the federal government be required to work with the province, which is normal, if that province has legislated with regard to the protection of marine areas as was the case with the Saguenay—St. Lawrence marine park.

A number of other amendments were put forward by a coalition made up of all opposition parties. The government turned down every single one of them.

Essentially, the federal government is attempting to appropriate marine subsurfaces, submerged lands under the St. Lawrence and in the gulf.

I believe that my colleagues have amply highlighted the fact that we should be following the example set by the Saguenay—St. Lawrence marine park, which, at the time of its creation in 1997, was the first marine conservation area in Canada. This marine area was created following the adoption of what is known as “mirror legislation”, by the federal and Quebec governments. In this exemplary case, the park was created by both governments at the same time, without any transfer of territory.

As well, both governments continue to oversee their areas of responsibility. A co-ordinating committee was struck, made up of federal and provincial ministers. The Bloc Quebecois believes that this first marine conservation area should have served as a model for the federal government in establishing other marine conservation areas.

The Constitution Act, 1867 clearly sets out that the environment is a shared jurisdiction between the federal and Quebec governments. Furthermore, this bill by Canadian heritage comes at a time when there is a severe criticism of the rationalization of the fishery, which fails to take into consideration the needs and the reality of the industry and the communities affected by the fishery moratorium. I know something about this, because the people in my riding of Manicouagan depend on the fishery as one of their mainstays for survival.

Yet, the industry still remains unaware of the Minister of Fisheries and Ocean's vision as regards its future. How many people will remain employed? The government has also been criticized for its poor management of the fishery and for its responsibility in the collapse of ground fish stocks. So just how does the government intend to get coastal communities to co-operate in order to find viable solutions to establish marine conservation areas, zones and marine wildlife reserves?

In order to protect ecosystems, the government will need to have the co-operation of coastal communities, including the residents of my riding. First, the people of Manicouagan need economic assistance in order to survive and to feed their families, then they will be able to think about co-operating in establishing marine conservation areas.

This bill will not serve the interests of marine conservation areas and will only create disorder among all of the stakeholders.

For these reasons, the Bloc Quebecois will be voting against the bill.

Canada National Marine Conservation Areas ActGovernment Orders

November 20th, 2001 / 12:30 p.m.
See context

Canadian Alliance

Bob Mills Canadian Alliance Red Deer, AB

Madam Speaker, as the chief environment critic for the Canadian Alliance, it is my pleasure to speak to Bill C-10. I will broaden the base and talk not only about marine conservation areas, but also about the environment as it applies to a bill like this one and as it could apply to other bills.

I start off by commending our critic, the member for Skeena. As a new member he has done a wonderful job of presenting the views of his constituents and of a much broader constituency of Canadians who are concerned about the environment, the marine aspects of that environment and particularly concerned about parks and the creation of parks.

I did not serve on the committee and hear all the witnesses, but I did go through the legislation. Much of the legislation is like a lot of environmental legislation. It is much like the species at risk legislation that we are talking about in the environment committee. We basically say that this is good and we like to have parks. We think we should preserve species. We think we should have marine areas set aside. The problem is in the details. When we actually get into the details of what the government is planning to do, we find where the flaws and problems are. Today I will try to broaden that base and talk about those problems from a broader environmental aspect.

First of all, there is the area of co-ordination, the co-ordination of bureaucrats and acts that are already enacted by the Government of Canada. We have heard others mention that. For the most part overall we could conclude that heritage, environment, natural resources, fisheries and a number of other departments do not really know what each other is doing. There does not seem to be a co-ordinating mechanism. Some members might argue that it is up to the Prime Minister and his cabinet to co-ordinate these activities, but that does not seem to be happening.

We have an Oceans Act that allows for marine protection areas, but obviously that comes under a different minister. The Canadian Environmental Protection Act would allow for the protection of species, for environmental impact studies and for all sorts of things. I believe that is being amended by Bill C-19 which will come before the House soon. It generally is a good piece of legislation which allows the environment minister to do a great deal when it comes to setting up areas like these.

The species at risk bill will be coming before the House for report stage and third reading very soon. The bill very specifically allows for the protection of endangered species. After months and months we have spent in committee listening to witnesses and working on the legislation it certainly is far reaching and allows for the protection of habitat and the protection of any species that might be endangered.

We have old acts such as the Migratory Birds Convention Act and the Fisheries Act. Both are very powerful acts which are used within Canada and which can be used right across the country and certainly would apply here.

There seems to be a turf war between various ministers who have to get pieces of legislation put on the table so they can lay claim to some aspect or other. I do not know whether it is a power trip or like a university professor who has to turn out so many papers every year. That is almost what the bill appears to be. It seems to be that heritage has not done much for a while so it had better come up with a piece of legislation that can be put before the House and the minister can then take credit for it.

Most Liberal members and most people who consider themselves Liberals think they have halos around their heads when they talk about the environment. The problem is that we see very little action. We hear lots of talk about the environment, that they are going to do great things about the environment, that yes, they care about the environment and yes, they are environmentalists but then they do not do anything.

There is all this confusion. There is a lack of consultation with coastal communities, provincial governments, scientists, the aboriginal society and so on. There is all this vague posturing with halos on but we see very little action.

When it comes to the environment it always comes down to trade-offs. We talk about natural areas versus a quality of life situation. I often use the comparison that there are two extremes in environmental concerns. There are those who would say let us keep everything natural and let us not impact on anything. Of course if we really wanted to carry that to the extreme, I guess all of those people would prefer to live in a cave and not have all of the modern conveniences that we enjoy. On the other side there are those who would probably pave the entire world and really would have no care for our air, water, soil and so on. Those are the extremes. I think most members of the House would agree that somewhere in the middle is the right ground and the ground Canadians would like to have.

It is like when we talk about oil exploration. We all could say that environmentally we are opposed to that. Yet when we have strict regulations that are enforceable, when we have the new technology and are conscious of the timing and the safety precautions, probably we could allow some of that exploration which then adds to our quality of life and does very minimal damage to natural areas.

As well we have to put forward in the House that we as small c conservatives care about the environment. All too often it is said that one has to be a fanatic, or sometimes a socialist, to care about the environment. That could not be further from the truth. It is a totally wrong concept.

Looking around the world we can find major coalitions where environmentalists together with corporations and with conservatives have done a great deal and have actually formed governments. We might look to Vincente Fox in Mexico. It was a coalition between him and the conservatives that resulted in the Government of Mexico that does care about the environment and has in fact put forward a great many environmental conditions.

I got back from Germany rather late last night. It is a perfect example. The green party is in coalition. The minister of the environment, whom we met with for three days, is actually from the green party. There are various coalitions around the world which put the environment into an important role. To try to label people as being pro or anti environment obviously is very wrong.

Again the Liberals talk a lot, but the Liberals do not do very much. I have a good example. Last month I was in a city in B.C. talking to a group of citizens about the Sumas plant which is being built in Washington state. There were no Liberals present at those hearings. The project affects a great many people in the Fraser Valley and in the Vancouver area. No Liberals were there, yet that was the perfect issue where they could have been involved.

What we have then is Liberal legislation coming forward with little consultation. The Liberals basically leave the details to the regulations and very little details in the bill itself. It is a concept of trust them, trust their bureaucrats and there is nothing there.

What we really need to talk about is consultation, co-operation and compensation. I move:

That the amendment be amended by adding:

“and that the committee report back to the House no later than the first sitting day in 2003”.

Canada National Marine Conservation Areas ActGovernment Orders

November 20th, 2001 / 12:20 p.m.
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Robert Lanctôt Bloc Châteauguay, QC

Madam Speaker, the Bloc Quebecois wants to protect the environment, but is it necessary to ensure that protection by duplicating jurisdictions and services?

The creation of marine conservation areas meets the objectives of numerous international forums, such as the World Conservation Strategy of 1980. However, how can we not turn away from such an objective, as commendable as it may be, if it has the effect of bypassing the appropriation of our respective jurisdictions? It should be highlighted that Quebec has exclusive jurisdiction over the management and sale of public lands. That is what is provided in section 92 of the British North America Act, 1867. Why redo what has already been done?

It is unacceptable for the federal government to use environmental protection legislation to take over provincial lands and Quebec lands. It would be better to promote and encourage co-operation between Quebec and the federal government. It is time that this government would stop using a steamroller and a centralizing approach.

Besides, in Quebec, the legislation on public lands covers all lands, including the beds of rivers and lakes. Quebec has legislative jurisdiction over this area. It is exercising its legislative power and it respects the Constitutional Act. Why then have some federal legislation that would deny the exclusive jurisdiction of Quebec and the provinces? Is Quebec not competent enough to meet conservation objectives?

Let us not forget that the management of the bed of the St. Lawrence River is a Quebec jurisdiction by sovereign right. The protection of habitats and fauna is a matter of joint federal and provincial jurisdiction. In this respect, the Quebec government has already acted by establishing a framework for the protection of marine areas. It is also possible to protect habitats and fauna through co-operation.

The Bloc Quebecois would rather promote an attitude of co-operation, as was shown with the bill establishing the Saguenay-St. Lawrence marine park in 1997. Yet, despite this successful co-operation, once again we are seeing the federal government stubbornly opposing a process that is working well. Why is the federal government once again refusing to respect the Constitutional Act, and Quebec by this very fact?

I am concerned about the future of intergovernmental relations in crucial areas like the environment. How can we trust a legislative process that does not respect the public interest, and a government that does not respect its own departments? Let us not forget that the Department of Fisheries and Oceans already has a marine area protection program, and I want to insist on the fact that this program is already in place. Why are we creating a new one?

This bill is another example of pernicious interference on the part of a centralizing federal government in exclusive jurisdictions of Quebec and other provinces, and another example of the methods used by the federal government, which ignores other partnership experiences that were very successful. Why not follow a process that has worked very well and that would certainly work very well once again? Will the federal government respect Quebec some day?

The outcome of such a bill is obvious: confusion, but above all a lack of respect. It could result in a duplication of tasks and jurisdictions, within a government that does not even see it or that sees it and acts deliberately nonetheless, which is even more worrisome. How can the federal government justify this useless duplication?

How will we find our way through all these terms to protect the environment? With this bill, the government wants to create marine conservation areas through Canadian heritage, when there are already marine protection areas under the responsibility of Fisheries and Oceans Canada, and marine wildlife areas under Environment Canada. Again, how will we find our way through all this?

Even the government seems completely lost and conveniently forgets that programs to protect habitats and fauna are already in place.

There is a question that comes to mind: who will take precedence if there is conflict? Who will have the last word? Which department will be the one willing and able to respond to the questions and to deal with the discrepancies in application? The government will certainly not want to answer this, because that would be tantamount to putting one department on a lower footing than another. Would that be the intent of this bill?

Duplication and overlap are double-edged swords to the government. On the one hand, the government insists that environment is a priority, while on the other it exploits the environment in order to use a bill to foster national identity—imagine—and thus deny the true objective of this bill. Who, outside of Canadian Heritage itself, can tell us that Canadian heritage is defined as having environmental expertise?

The confusion that is certain to ensue will lead to a dangerous appropriation of resources, and will quickly become insurmountable. Even the staff of the various departments will be caught up in it. It is mind-boggling. We will not be the only ones to understand not a bit of it. It is easy to imagine just how this overlap is going to lead to confusion among the key stakeholders.

Who, really, will be administering the protective zones? Which department are people to contact in the event of conflict? Which department will really hold the means of dealing with offenders? Who is going to be able to find their way through the labyrinth of duplications, of overlapping departmental policies? These are just some of the questions that remain unanswered.

With this risk of confusion within one government, one can easily imagine what confusion there will be for other levels of government and for all stakeholders. If departments cannot work together within one and the same government, how will they be able to do so with Quebec and the provincial governments?

It is easy to understand why the Government of Quebec would refuse to co-operate with this bill. First of all, it is in flagrant disrespect of the exclusive jurisdiction of Quebec. Second, it is impossible for the federal government to provide any kind of precise answer as to the reasons this bill comes from Canadian heritage when Fisheries and Oceans already has a program in place.

The Bloc Quebecois is opposed to this bill because the federal government is planning to use it to appropriate lands that fall under the jurisdiction of Quebec and the provinces, by designating them as marine areas.

In addition, this bill does not respect the division of exclusive areas of jurisdiction as stipulated by section 92 of the British North America Act of 1867.

The Bloc Quebecois opposes this bill because it can only lead to endless administrative problems. It can truly be said at this point that the left hand does not know what the right hand is doing. The stakes are too high to be taken lightly. The effects are serious and will, in some cases, be irreversible. Therefore, respect for the division of exclusive jurisdictions is essential to preclude all ambiguity. Co-operation must be encouraged to avoid unnecessary and harmful duplication.

The Bloc Quebecois opposes this bill, because Canadian heritage is trying to take over jurisdictions other than its own. It is unacceptable that Canadian heritage should attempt to have legislation passed to acquire land, and under cover of the environment.

In short, the federal government, through Canadian heritage, is once again attempting to meddle in areas of Quebec's and the provinces' jurisdiction under cover of the environment.

Finally, the Bloc Quebecois opposes Bill C-10 because of the duplication of responsibilities among the various levels of government and departments within the same government.

The Bloc Quebecois wants the Liberal government to be forced to work in partnership and in co-operation with Quebec and all the provinces that have legislated in this area, thereby repeating what has already been successful, that is the Saguenay—St. Laurence marine park. In spite of all that, our amendment was turned down. It is for all those reasons that we are opposing this bill.

I would like to add that if we want the federal government to create and establish marine areas, there is an essential prerequisite. The government must own that territory.

As I already said, under section 92 of the Constitution Act, 1867, the management and sale of crown lands are matters of exclusive provincial jurisdiction. Furthermore, Quebec legislation on crown lands applies to all crown lands in Quebec, including the beds of waterways and lakes.

Canada National Marine Conservation Areas ActGovernment Orders

November 20th, 2001 / 12:10 p.m.
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Madeleine Dalphond-Guiral Bloc Laval Centre, QC

Madam Speaker, I am happy that the House is sitting today.

Everybody knows that Quebec and the Bloc Quebecois are in favour of measures to protect our environment. However, they will never accept that, in doing so, Quebec's constitutional rights be reduced, particularly because Quebec, as regards the environment, is a model in several respects.

We all remember that the Bloc Quebecois did not hesitate to support the government when it introduced its legislation to create the Saguenay—St. Lawrence marine park in 1997. In fact, that legislation and the one passed by the Quebec government provided for the creation of the first marine conservation area in Canada, and we are proud of that.

Through these pieces of legislation, each government continues to fulfill its respective responsibilities in the Saguenay—St. Lawrence marine park. This park includes only a marine area. Its boundaries may be changed only through an agreement between the two governments, provided there is joint public consultation in that regard. These are some of the main legislative provisions passed in 1997.

The main thing to remember, which the government seems to have forgotten, is that the creation of this marine park is the result of a consultation between the federal government and the Government of Quebec. Unfortunately, the federal government did not think it was useful to follow the same path with regard to Bill C-10. This may be a sign that when things are going well for the federal government, it is time to make some changes.

Other precedents could have been followed, like phase III of the St. Lawrence action plan, which was concluded in the following way.

In June 1998, the federal Minister of the Environment and Quebec's Minister of the Environment released phase III of the St. Lawrence action plan, the financing of which was shared equally between the two levels of government. This is another example of a project that was developed jointly, while respecting the areas of jurisdiction of each level of government.

Should the refusal to apply precedents that have been proven to work be considered as a lack of goodwill, since nowhere in Bill C-10 can we find the slightest element of consultation?

How, then, can the federal government be naive enough to believe that the Bloc Quebecois would support this bill? Instead of focusing on working together, this bill does something dear to this government, namely the unilateral introduction of marine conservation areas without any regard for Quebec's jurisdiction on its own territory and environment.

But there is more. As if this were not enough, far from limiting itself to interfering in Quebec's area of jurisdiction, and apparently believing that ridicule has never killed anyone, the federal government is duplicating its own jurisdiction. As a matter of fact, this bill will confirm the introduction of marine conservation areas, thus creating a new structure at Canadian heritage and bringing about a duplication of pre-existing federal structures, namely marine protection areas under the jurisdiction of Fisheries and Oceans Canada and protected marine areas under the jurisdiction of Environment Canada. This means we are not through with disputes and they will all originate from the same side.

What is clear for everyone is that Bill C-10 totally ignores the territorial integrity of Quebec, given the fact that the federal government is to become the owner of the land where the marine conservation area will be created.

But there is a problem: the 1867 Constitution. Indeed, section 92 provides that the legislature of every province may exclusively make laws in relation to the management and sale of the public lands. Quebec is still a province. Quebec may only be a province, nevertheless it is still a province, nobody will dare say otherwise; a number of Quebecers though would like nothing better than to have a different status.

Quebec legislation on public lands applies to all public lands in Quebec, including the beds of waterways and lakes and the bed of the St. Lawrence river, estuary and gulf which belong to Quebec by sovereign right.

In addition, this same legislation provides that Quebec cannot transfer its lands to the federal government. But the federal government is not intimidated by Quebec legislation, it is a well-known fact. Canadian heritage is planning to establish marine conservation areas in the St. Lawrence, the St. Lawrence estuary and the gulf of St. Lawrence, three areas in which the submerged land is under Quebec's jurisdiction.

Time flies when one is speaking from the heart.

Canadian heritage wants to compel Quebec to give up its exclusive jurisdiction. What a nice example of co-operative federalism. It is very clear that the prerequisite for the creation of marine conservation areas in the St. Lawrence is the transfer of property rights to the federal government. Quebec will never agree to it.

According to Fisheries and Oceans Canada, the same territory could be zoned three different ways and come under three different federal departments enforcing their own specific regulations, all this under three different pieces of legislation.

Only God knows in which waters fish will feel like swimming. As for bureaucrats, I believe Moby Dick's stomach will not be big enough to house them all when they try to come to an agreement.

Again, since 1993 it is not the first time and certainly not the last time I am faced with a dilemma. If federal departments are unable to work together, how can we expect the federal government to be able to work with the provinces?

Marine conservation areas served à la Canadian heritage are like ketchup: I do not want any.

Canada National Marine Conservation Areas ActGovernment Orders

November 19th, 2001 / 6:55 p.m.
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Madeleine Dalphond-Guiral Bloc Laval Centre, QC

I could perhaps read a poem. It would be interesting.

I am rising today at third reading of Bill C-10, an act respecting the national marine conservation areas of Canada. This bill is sponsored, surprisingly, by Canadian heritage — which already has many other subjects of interest. With this bill, Canadian heritage wants to regulate the creation of 28 marine conservation areas that are representative of each of Canada's ecosystems.

In 1987, the Saguenay—St. Lawrence marine park became the 29th marine conservation area. Interestingly enough, this park is not covered by the bill before us because it is the subject of its own legislation.

As this is all the time I have, I will leave off until the next time the House considers this issue.

A motion to adjourn the House under Standing Order 38 deemed to have been moved.

Canada National Marine Conservation Areas ActGovernment Orders

November 19th, 2001 / 6:25 p.m.
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Jocelyne Girard-Bujold Bloc Jonquière, QC

Madam Speaker, I am pleased to rise today on the issue of Bill C-10, an act respecting the national marine conservation areas of Canada.

Before I begin, I wish to congratulate my colleague, the member for Québec, who has spent a lot of energy trying to make the government understand the importance of consultation about this bill. I congratulate her and I say “Well done and continue your efforts. Sooner or later, our position may prevail.” I believe that is a positive way to work and improve bills.

Again, it is unfortunate. Members will recall that I was, for three years, the Bloc Quebecois' environment critic. A similar bill had been introduced during a previous parliament, but it died on the order paper.

During all that time, I thought that the government would have the decency to take into consideration the work done by the committee, in order to see what suggestions we might make regarding a new bill, and thus ensure progress across Canada.

We must admit, however, that this government has not listened to members of parliament, not even its own members. We had very good discussions at the time. We truly were, as is usually said, for the environment, and I believe it is important to be. We were all acting in good faith.

Yet, when I saw the new bill, I said to myself “They have changed nothing. They have changed absolutely nothing from the previous two bills, either Bill C-8 or Bill C-44”. In other words, they have learned nothing.

Consequently, I wish to say to Quebecers and Canadians that this bill, introduced by this government, does not contribute, as my colleague from the New Democratic Party said, to creating harmony favourable to the environmental agenda, namely marine conservation areas. The Liberals are not acting at all, but they are trying, through fine words, to interfere in jurisdictions that do not belong to them.

We must remember that, under the Constitutional Act of 1867, the seabed comes under provincial jurisdiction. That cannot be denied, it is in the Canadian Constitution. With this bill, however, the government wants to take over areas where it should act in harmony with the provinces and talk with them as it did in the case of the agreement it signed with the Quebec government concerning the Saguenay—Saint-Lawrence Marine Park. That was a model to follow.

It is too bad. I was rereading this agreement the other day and I wished the Liberal member had it in his hands. This agreement was made years ago. It has evolved and has now reached phase three. Each government put money in a concerted fashion to advance an issue.

Madam Speaker, I do not know if you have been to my neck of the woods to visit this marine park. I invite you to do so because it is an example to follow. I have always cheered at the fact that we had finally an example of co-operation, of mutual respect, in order to promote very important issues for present and future generations. Instead of taking this agreement as a model, the government is now trying to reinvent the wheel.

This semblance of willingness to do things for the advancement of a society saddens me. As my colleague was saying, I think they are deceiving the population and are deceiving each other. With this bill, not only are they invading areas that are not under their jurisdiction, they are not agreeing with each other.

All the departments concerned with this bill, Fisheries and Oceans Canada, Environment Canada, Parks Canada, have specific jurisdiction and their areas of responsibility clash.

I do not know whether members have read the Auditor General of Canada's report. I read it with interest myself. Nothing has changed, so the 1996 report still applies. The Auditor General of Canada published chapter 31 on the management of national parks by Parks Canada. I would like to highlight what he said in this chapter. It is very important, because Canadian Heritage is the department introducing this bill.

He said:

—in the six national parks we reviewed, Parks Canada's biophysical information was out-of-date or incomplete except for La Mauricie.

This is the auditor general. He also said:

—that, on average, the management plans for the 18 national parks were 12 years old, when they should have been reviewed every five years.

He added that:

The park management plans provide the strategic direction chosen for the protection of park ecosystems.

The auditor general also added:

Delays in preparing management plans and ecosystem conservation plans reduce Parks Canada's ability to preserve the ecological integrity of national parks.

I could go on reading quotes by the Auditor General of Canada about Parks Canada all night. I will quote another passage from his report:

We are concerned that Parks Canada's ability to preserve ecological integrity in national parks and ensure sustainable park use will be seriously challenged.

This was the auditor general's conclusion.

There is another reason, which Quebecers and Canadians should know about, with regard to why we in the opposition are opposed to this bill, and that is that there was no consultation. The minister said they sent 3,000 consultation documents to groups in Canada. That is quite something. I was really happy when I heard that.

Sixty-two people replied. Most of them did not comment on the bill; they gave their address so that they could be reached in future. That being the case, on what grounds can the Canadian government say that there was consultation? They will have to try again. Is this consultation?

Nowadays, there is great interest in the environment and ecology. I think that, right now, there are several groups in society interested in really being consulted on issues that will affect future generations. But if this is the kind of consultation they do, I can only say that it falls far short.

When young children fail in school, what do they do? They open up their notebooks again, they open up their textbooks and they start studying again. The Government of Canada should have said, "You are right, we failed. We are going to do our homework over again. We are going to look into why our consultations did not provide us with the results we were looking for. The answer we put down was incomplete for such an important question". But the government did not do this. They continued. They moved forward and said that they consulted.

What is important to say about this bill is that it has nothing to do with partnerships, nothing at all; it does not involve governments; it does not consult with the population as a whole.

Back home, people use the Saguenay—St. Lawrence Marine Park. People go to see it. This opportunity to create a park came from the grassroots.

I would like everyone to come and see it. We are talking about extraordinary spaces. It is a wondrous area. It is like being in another world. There are valleys and mountains that connect with the St. Lawrence; it is incredibly beautiful. We have no reason to envy other countries given what we have.

This came from the needs of the grassroots. People got together and called on governments and the governments sat down with them, which led to a phenomenal success.

Why not do the same thing with this bill? If the government wanted to draft another bill, why did it not use this model? This was a success. I am sure that for the 28 marine conservation areas that the government wants to create, there would surely be 28 local groups that would have sat down with them to keep their identity. That is important. We managed to maintain the identity of our beautiful little piece of country in Quebec. That is what we managed to do. But this bill works against any real consultation.

Today, November 19, is my colleague's birthday, the member for Châteauguay I wanted to take this opportunity to wish him happy birthday.

Today, we realize that what this government is doing is inappropriate. Sometimes, I ask myself if it is there to fulfill its election promises, to bring about progress in society or simply to reintroduce old bills and to ease its conscience.

It is not true that we should ease our conscience on environmental issues, particularly it they concern marine conservation areas. I do not go into the forest, I am not a fanatic, but I have an only daughter, and it is important to her. Madam Speaker, I am sure it is important for your children to preserve our natural sites, to develop them in their natural environment that evolved during many generations.

That is not what this bill is doing. I have seen and heard so many things. My colleague, the member for Québec, told me what happened in committee. What did the people who appeared before the committee say? That it is impossible that three departments can say that they have the same job to do.

Heritage Canada wants to look after marine areas. Environment Canada is also in charge of ecosystems, and DFO is involved in this as well. The fishing industry is now in a state of great turmoil in Canada. DFO and HRDC have a project that creates an uproar over the nationalization issue, a project that is ill adapted to the real needs of the industry.

With all this going on in the fishing industry, they would like to do the same for conservation areas. The government will have to do its homework, as the Canadian Alliance member is asking in his amendment, which provides that the government should withdraw this bill, and send it to committee so that it can do its homework. I do not agree with this amendment because I support their position, but because the government should do its homework.

Ministers keep talking about September 11. Every time they are asked a question in the House, they talk about September 11 and say that everything has changed since then. It is true everything has changed. So maybe this bill should be approached differently, in a different light.

Let us have discussions to come to an agreement so that all members end up saying more or less the same thing. The Canadian Alliance is defending a certain position. The Bloc Quebecois cares about the environment and wants to protect the exclusive provincial jurisdiction over submerged lands. The New Democratic Party agrees with our views to a large extent. That is our position.

So, how is it that all of a sudden the truth is in the hands of the Liberal members? I do not think anyone knows the truth after what we experienced on September 11. No one knows the truth anymore. I think we have work to do in the communal sense, for the people and we must make it known to this government, not because we do not want marine areas.

It is not that I do not agree, because we succeeded in Quebec, in partnership with the federal government. The agreement is there. I will get you a copy, Madam Speaker, because it is important. You are a member of the Liberal government. I am sure you wonder about this bill. I think many of your colleagues do so as well. I think we should base ourselves on texts people spent years drafting to ensure we reach a positive conclusion.

I never dismiss out of hand an initiative from the community. That community had an idea and, over the years, was able to get the attention of both levels of government. The governments said “Your idea makes sense. We must sit down together to put that plan into action”. That is what they did, and I congratulate them for having succeeded in doing that.

But why then is the government doing the opposite with this bill? I think we have not seen the last of this government's tricks. One day it says yes, the next day it says no. It is too important. There is a lot of money involved in environmental issues.

That is why the Bloc Quebecois is totally against this bill and is asking the government to go back to square one. It has plenty of time to do so; this is not an urgent matter. It will have to resume consultations. It will have to speak to stakeholders and to come to an agreement with the provinces. It has a lot of work to do.

At this time, it is impossible to make any progress. There is simply too much division. I think we should be able to talk and to agree. If the government does what it can to achieve that, I will be the first one to congratulate it.

But congratulations are certainly not in order today. On the contrary, I am accusing the government of being a source of confrontation, of interfering and of not doing what should be done to protect our environment.

Canada National Marine Conservation Areas ActGovernment Orders

November 19th, 2001 / 6:20 p.m.
See context


Madeleine Dalphond-Guiral Bloc Laval Centre, QC

Madam Speaker, I listened with interest to the speech of my colleague from the New Democratic Party. Once again, with Bill C-10, we are faced with what can be considered as a characteristic of the present government, that is a total inability to work in co-operation. Once more, this government will interfere in areas outside its jurisdiction to take over and to show the maple leaf flag, and to pose as the great protector of the environment.

I agree with my colleague when he says that this bill is not about the quality of the environment. I would still like to hear his comments on a topic that I am really concerned about.

Many departments are concerned with marine conservation areas and bodies of water. Fisheries and Oceans Canada deals with the marine protection areas and so is Environment Canada. And Heritage Canada is now joining in.

How can we justify the fact that three different departments are dealing with the same issue when we all know that the government can not work in co-operation with the provinces, and I am not talking only about Quebec, but about all provinces?

I would like my colleague to explain to me how this government could try to act in a united and intelligent fashion to protect the environment.

Canada National Marine Conservation Areas ActGovernment Orders

November 19th, 2001 / 6 p.m.
See context

Canadian Alliance

Werner Schmidt Canadian Alliance Kelowna, BC

Madam Speaker, I commend my hon. colleague for the way in which he analyzed the bill and the things he told the House.

There is one point that comes through loud and clear and I would like him to elaborate on it further. It has to do with the word balance, the balance between economic development and exploration of natural resources, in this case oil and gas, and the preservation of our ecology and our environment.

The hon. member opposite raised some very real questions that were similar to the ones I had. We do not want to destroy the environment. It is so easy to take the position and say that if one is opposed to Bill C-10, one is against the environment and one is against all that sort of thing. That is not the point at all, at least I do not think so, but I would like the hon. member to respond.

How does the hon. member bring about a balance and put that balance into legislation so that every possible step is taken to get that balance in place rather than to have the consultation going one way and the decision going the other way? The power then rests out here, which has nothing to do with the consultation in the first place. Would he care to comment on that?