Species at Risk Act

An Act respecting the protection of wildlife species at risk in Canada

This bill was last introduced in the 37th Parliament, 2nd Session, which ended in November 2003.

This bill was previously introduced in the 37th Parliament, 1st Session.

Sponsor

David Anderson  Liberal

Status

This bill has received Royal Assent and is now law.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Budget Implementation Act, 2001Government Orders

March 11th, 2002 / 5:40 p.m.
See context

Liberal

Irwin Cotler Liberal Mount Royal, QC

Mr. Speaker, today marks six months from September 11, the day the world was changed and where the protection of human security emerged as a central motif in budgetary planning and process which was finally expressed in Bill C-49.

The protection of human security, as I have said in the House, includes not only funding the components of a counterterrorism law and policy. It includes investing in people, in securing and sustaining a healthy and holistic environment, and in improving the health of Canadians by investing in the environment.

Indeed investment in a healthy environment, as in Bill C-49, can confer an economic benefit in job creation and the promotion of technological innovation, a resource and energy benefit in the conservation of energy and increasing the security of energy supplies, and a health benefit in improving the quality of our air and water and in reducing the toxicity of our environment.

For example, it is estimated that air pollution is responsible for 16,000 premature deaths and hundreds of thousands of incidents of illness. There are at least 10,000 abandoned toxic sites across Canada, including some 5,000 within federal jurisdiction.

It can confer a heritage benefit in the protection and conservation of our natural heritage and a political and juridical benefit in permitting us to undertake our responsibilities as global citizens.

One can only welcome, therefore, the investment in tax initiatives in Bill C-49 intended to promote and protect a cleaner and healthier environment, including a partenariat with communities to help the environment and support for communities both urban and rural that actively contribute toward a healthier environment.

Launched last year and administered by the Federation of Canadian Municipalities, part of this partenariat, the green municipal enabling fund and the green municipal investment fund have been effective in stimulating community based feasibility work and investments in more than 100 projects to improve the environment in diverse areas such as energy and water savings, community energy systems, urban transit, waste diversion and renewable energy.

The budget doubles the green municipal enabling fund and the green municipal investment fund at a cost of $25 million and $100 million respectively in the current fiscal year. These funds in addition to the new strategic infrastructure fund and the existing infrastructure fund will help protect our natural heritage while creating jobs, promoting technological information and providing affordable housing.

It will protect air quality and promote energy efficiency through incentives for clean energy and energy efficiency. Renewable energy and reducing energy consumption are essential components of the government's strategy to address climate change and improve air quality.

Budget 2001 supports this objective by investing $260 million in a 15 year program that will offer production incentives for electricity that is produced from qualifying wind energy projects and will encourage investment in these wind energy projects.

Budget 2001 also invests $5 million a year to broaden eligibility for the income tax incentives that apply to renewable energy and certain energy efficiency projects.

It will promote sustainable woodlot management. The budget sets aside $10 million a year to eliminate a provision related to the intergenerational tax deferred rollover for farm property that sometimes led to the premature harvest of woodlots. This will ensure better management of the resource.

The next area is the toxicity of contaminated land. Across Canada as in most countries in the world contaminated land lies unused and unproductive. Such sites known as brownfields may have the potential for rejuvenation, bringing both health and economic benefits to communities.

Therefore a little noticed but very important item in the budget is that in response to the government the National Round Table on the Environment and the Economy has agreed to develop a national brownfield redevelopment strategy to ensure that Canada is a global leader in remediation.

There is a recent series of federal initiatives in support of the environment such as an initial $100 million for the sustainable development technology fund to stimulate the development and demonstration of promising new environmental technology, a contribution of $60 million to the Canadian Foundation for Climate and Atmospheric Sciences to support academic research on climate change and air pollution, $150 million to renew the climate change action fund, $60 million for energy efficiency and renewable energy programs to lay the foundation for future greenhouse gas emission reductions in accordance with the Kyoto protocol by facilitating the development of technology and supporting energy efficiency and renewable energy projects, and $90 million allocated for the national strategy on species at risk to support habitat stewardship programs and other species protection activities.

This leads me to address three important initiatives regarding the promotion and protection of a healthy environment by way of conclusion. The first relates to the Kyoto protocol. As we can appreciate the world's climate is changing at an unprecedented rate. Without government action the long term consequence will be dramatic. In the north of Canada, as the Minister of the Environment has demonstrated, permafrost and sea ice are in retreat or melting. As a result Hudson Bay polar bears are at an increased risk of starvation because of a shorter seal hunting season.

The cost of moving supplies to communities on resource development projects is increasing because the ice road season is shorter and the traditional lifestyle of aboriginal peoples is threatened. We also feel its effects in the south with droughts affecting the agriculture and forestry sectors and the lower water levels of the Great Lakes disrupting our inland shipping routes.

In a word, both domestically and globally climate change is a major environmental problem that has an impact on the quality of life of all. Fortunately this past summer 178 countries finally reached agreement on the primary rules to implement the Kyoto protocol. In Marrakesh, Morocco in November we reached a final agreement on the crucial legal and technical details for the implementation of the protocol.

Canada played a key role in the four years it took to conclude the international rules to implement the Kyoto protocol. We now have a solid agreement that is good for Canada, that is good for the economy, that is good for the environment. We have a deal that will allow Canada and other developed countries to achieve the greenhouse gas emission reduction commitments they made in the Kyoto protocol in ways that are environmentally and economically sound in both the short and long term.

Admittedly there are challenges to overcome in reducing our emissions but there are also opportunities. Canadians have considerable expertise in clean energy and energy efficiency and there will be vast new markets for our know how.

Like the industrial revolution and the information technology revolution we are now in the cusp of the clean energy revolution. Clean sustainable energy can do much more than just reduce the risk of climate change and ensure cleaner air. It can also bring jobs, investment income and a competitive edge.

Similarly we recognize that the actions that need to be taken to achieve our climate change commitments will have costs, but there are also significant benefits such as lower health care costs resulting from cleaner air; job creation through, for example, cost effective building retrofit projects; lower costs for the forestry and agricultural sectors through the adoption of sustainable production methods; lower operating and production costs from energy efficiency; and revenue sources for municipalities from, for example, using landfill gases to generate electricity and the potential for exporting our technology and expertise.

When we hear the fears expressed with regard to the economic costs we should look at it in its total context, not only in terms of the economic costs but the economic benefits and the benefits to the environment, the benefits to health and the benefits to job creation and the like.

This brings me to my second major initiative: the species at risk bill. I support the amendments from the Standing Committee on the Environment and Sustainable Development that were put forward in three respects. The first is strengthening habitat protection in areas of federal jurisdiction. This addresses the most contentious issue of witnesses with Bill C-5, that it does not make the protection of critical habitat mandatory even in areas of federal jurisdiction.

While the committee amended the bill to make habitat protection mandatory in areas of federal jurisdiction, protection is delayed for at least two years after listing until the action plan stage. This will allow ample time for input from provinces, territories, stakeholders and negotiating voluntary stewardship agreements with landowners or companies.

The second amendment I support is ensuring that the decision to list a species is science based and accountable. Bill C-5 allows cabinet complete discretion to decide which species to list at risk. There is no requirement to act based on science, no time limit and no obligation to provide reasons for not listing a species. It is important to note that a decision not to list a species can result in a species extinction.

The committee made three changes to the process for listing species. Cabinet will have six months to decide whether to accept a recommendation by the scientific committee. The recommendation then takes effect if it is not varied or rejected by cabinet and the minister must give reasons if the recommendations are not followed.

These changes were themselves a compromise.

The third recommendation that I would--

Property RightsPrivate Members' Business

March 1st, 2002 / 2:25 p.m.
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Canadian Alliance

Garry Breitkreuz Canadian Alliance Yorkton—Melville, SK

Mr. Speaker, it is regrettable that on a topic which is so fundamental and so important to our society that we cannot even speak an extra few minutes. We cannot vote on it. We cannot refer it to committee. We cannot even talk about it at length here. That is really unfortunate.

I would like to thank all those members who spoke in support of my motion. I would like to quickly counter some of the arguments that the government put forward as to why we should not refer this to committee.

First, it argued that it is a waste of time of the committee. It argued that it was a waste of time of the House. Many people in the country are very concerned that Bill C-5, a bill that is presently before the House, could clearly be a violation of their rights. We need to discuss these things.

We have provinces in Canada that of course have property rights protection. However we need protection in federal legislation against the violation of the rights of private citizens by the federal government. It is not engrained in our laws, as the federal government has tried to intimate. Nor are they in our charter. Some speakers have said that it is in our charter. If they were to read the charter, it is not in there. Even judges have said in their rulings that we do not have property rights protection in our charter. Provincial and environmental laws could clearly violate this and in fact would have serious implications.

Also, I really want to pick up on something else the government said. It said that it would disrupt the current democratic rights. The only thing it would disrupt is the power of the Prime Minister's Office to legislate at will, violating our fundamental rights. We have built these up over 800 years and they are being seriously violated.

The UN declaration of human rights says “No one shall be arbitrarily deprived of his property”. The voters in this country have to know that the federal government, by its own legislation, the legislation government members have supported, condones the arbitrary taking of property in direct contravention of article 17 of the UN declaration of rights. It is hard for Canadians to go to other countries in the world claiming to be defenders of fundamental human rights, when our own country does not defend one of these most fundamental human rights and does not have any constitutional legislative protection for property rights in federal law.

In 1903, Pope Pius X wrote to his bishops. He said:

The right of property, the fruit of labour or industry, or of concession or donation by others, is an incontrovertible natural right; and everybody can dispose reasonably of such property as he thinks fit.

Today we have all heard the proof that our fundamental property rights are under attack and we should not ignore that. Just because a bill is passed in parliament does not make the use and abuse of government force to violate the fundamental property rights and freedom of contract of its citizens a good thing.

I would like to quote one more item here. This is from a book by Ayn Rand entitled Capitalism: The Unknown Ideal . It states:

The concept of a right pertains only to action—specifically to freedom of action. It means freedom from physical compulsion, coercion or interference by others. The right to life is the source of all rights—and the right to property is their only implementation. Without property rights, no other rights are possible. Since man has to sustain his life by his own effort, the man who has not right to the product of his effort has no means to sustain his life. The man who produces while others dispose of his product, is a slave.

Czech President Vaclav Havel also hit the nail on the head when he said “Human rights rank above state rights because people are the creation of God”.

My colleagues, property rights are our most important human right because they allow each of us to provide the necessities of life for our families and ourselves.

Therefore, I respectfully request, with the unanimous consent of the House, to refer my motion to the Standing Committee on Justice and Human Rights for further consideration. That is the whole intent of this. We need to discuss this further. There is absolutely nothing wrong with the committee examining this. I am sure everyone here would agree. Therefore, I would like to seek that consent.

Species at Risk ActGovernment Orders

February 26th, 2002 / 5:15 p.m.
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Canadian Alliance

Rahim Jaffer Canadian Alliance Edmonton Strathcona, AB

Mr. Speaker, it is a pleasure to rise today to speak to the Group No. 3 motions concerning Bill C-5, an act to protect endangered species. I had the chance to work quite intimately on the bill when I was environment critic for our caucus.

We in the opposition have serious concerns regarding the last few groups of motions. A number of my colleagues have spoken quite diligently to all the motions in Group No. 3. I commend the last speaker who spoke to all the motions. He knows the issue quite technically and has followed it closely. The government is wise to listen to the things he has to say. I congratulate him for his intervention today.

For the public who loves to tune in and listen to what we do and talk about in this place the technicality of the motions can be somewhat confusing. I wanted to put the motions in a general category so people at home could follow the themes we may be concerned about with respect to the bill on endangered species.

As I have mentioned in the past, it is clear that Canadians across the nation believe we need endangered species legislation. More than 90% of Canadians want effective legislation when it comes to endangered species. However they have concerns as well. They are concerned that property rights should be protected; criminal intent should be clearly defined; and the various interests of landowners, environmentalists and all stakeholders should be brought together. This is a concern many of my colleagues have raised. It not been dealt with by the government.

The prior groups of motions dealt specifically with compensation. This is an issue about which landowners who are the volunteer stewards of the land have a great concern. The question has not yet been answered with a clear equation. It is not clear how compensation would dealt with if land were confiscated because an endangered species was found on it.

The Group No. 2 motions deal with jurisdictional and criminal intent issues. There are concerns about whether the legislation would affect the jurisdictions of provinces. Would we need a national accord to streamline the environmental policies of provinces in relation to the federal government? Concerning criminal intent, if someone accidentally destroyed habitat on their private land they would be guilty until proven innocent. Even if it was an accident it would be difficult to prove in some cases.

In the Group No. 3 motions some of the main themes concern socio-economic interests. There is also the issue of COSEWIC and how the process of listing species would be determined. Motions Nos. 30, 32, 36, 68, 136, 137 and 138 deal with COSEWIC in some form or another. How we would set national standards ties into the provincial jurisdiction issue. Motion No. 79 deals with the issue. There may be a few others.

We spoke about criminal offences in Group No. 2 but Motion No. 120 makes reference to changes when it comes to punishments and penalties. Public consultation is an important issue to all members of the House if not all Canadians. They should all be able to have input on the bill. Motions Nos. 4, 7, 19 and 36 all deal with the idea of public consultation.

Instead of speaking to the specific motions I have identified I will address the general themes I spoke about and the concerns we in the opposition have with the bill.

Mr. Speaker, you are no stranger to this place. You know the importance the official opposition puts on fiscal responsibility. It is one of our biggest concerns and we have raised it over and over again.

Some of my colleagues spoke about this earlier today. As I tuned in to some of the riveting debate, I heard some of my colleagues say that they were not concerned about the costs associated with the bill. One of my colleagues talked about the gun registration bill and the fact that the government told us one amount that it would cost for gun registration when in fact the actual cost of administering that bill was outrageously overbudget.

Are we going down the same road with this bill? We do want endangered species to be protected and we do want effective legislation but we need to be honest about the cost. We hear different numbers right across the board from provinces and from the federal government which say that it could be more than $45 million a year, but we need to know how much it will really cost. When it comes to the socioeconomic interests of all Canadians, this is something that we fundamentally need to address.

There is another area that has caused a number of concerns for environmentalists. I touched on the motions pertaining to COSEWIC, for which environmentalists definitely have a concern, but it does directly affect this place. The concern is about how we will put together the list when it comes to establishing what constitutes an endangered species and what does not.

While dealing with this particular part of the bill, I remember there was much debate on how science should be left to the scientists and it should be removed out of this place completely. Politics should not be involved in the listing process nor in the actual recovery plans associated with deciding what constitutes an endangered species and what does not.

If I am not mistaken, one of the motions put forward by the official opposition tried to come up with a balance to this problem. This is exactly what we had proposed when we said that we should leave science to the scientists. They could put together a list of endangered species that this place could look over and evaluate, and especially cabinet because ultimately it should have the final say in evaluating the resources attributed to going through the whole recovery plan when it comes to dealing with protecting endangered species.

It would be great for all of us to list the endangered species but the reality is that we need the resources to have an effective recovery plan to protect those endangered species. Cabinet has a role to review the potential list of endangered species but it should not be a political game.

We see a lot of political games from the other side of the House which may be why some environmentalists get concerned about this process. We need a list that is produced scientifically. We need cabinet to review that list and to put together a recovery plan cost analysis on which endangered species can be covered right away and which need some obvious time.

The long term effect is to protect as many endangered species as possible but we cannot do that with the resources we have. We need to be diligent about it.

I would argue that cabinet does have a final role but it should be strictly a resource based role and not a science role. We should not question that. COSEWIC's job is to put together people for that committee or group who can evaluate endangered species.

In the motions I mentioned, we proposed an amendment to find that balance between protecting endangered species and realizing the costs associated with that.

I get quite passionate about endangered species but we need to make the right decisions. Sometimes it is difficult to make decisions in this place that will achieve the best results.

I want to quickly touch on the national standards issue, one that is so important when it comes to how we in this place can effectively produce legislation that does not duplicate what is currently happening in provinces but instead works together with provincial governments to achieve the goals that all Canadians feel are so important.

I hope the government will be encouraged to heed some of these suggestions today because that is the only way we will bring all stakeholders together on this very important bill, which hopefully will achieve the goal of protecting endangered species and not the divide and conquer mentality that the government has.

Species at Risk ActGovernment Orders

February 26th, 2002 / 5:05 p.m.
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Progressive Conservative

John Herron Progressive Conservative Fundy Royal, NB

Mr. Speaker, it is my pleasure to participate in the Group No. 3 round of amendments but before I do so it would be completely inappropriate if I did not compliment you on the extraordinary Latin you advanced in the House yesterday evening.

We in my party have a problem with four principal planks of Bill C-5. First, the compensatory regime lacks clarity. If the government had its act together it would simultaneously table the regulations.

Second, the bill would not provide for mandatory protection of critical habitat on federal lands. How does the government have the moral suasion to deal with private and provincial lands when the minister is of the opinion that it should not look after its own backyard?

Third, transboundary species such as migratory birds are not included in the bill. That is a serious mistake.

Fourth, leading to your latin lesson of yesterday, Mr. Speaker, I find it odd that we are debating whether the list of species at risk should be determined by science or politics. Social and economic implications should come into play in the recovery plan but we should not hide behind the list. Is it not ironic that the some 233 species listed yesterday are being accepted automatically by the Government of Canada but it will not have scientific listing in the future? If it was good for 233 species at one pop why would it not be good on an ongoing basis? The government has contradicted itself 233 times in the bill.

I will speak to the motions we have in play in this group. I will start with Motion No. 5, a motion proposed by the Canadian Alliance. It aims to remove the capacity of the federal government to protect aquatic species. That should be maintained under the purview of the federal government, so Motion No. 5 is not worthy of support.

The Progressive Conservative Party and our DR cousins will support Motions Nos. 7 and 8, the government technical amendments. We have no problem in that regard.

We wholeheartedly have a problem with government Motions Nos. 9 and 10. The government is trying to gut a provision the committee made that would have protected a subspecies of the endangered species community. The amendment would have used a more biologically accepted term by adding the words variety or genetically distinct. This is the language utilized by COSEWIC, the Committee on the Status of Endangered Wildlife in Canada, which thought it was a step in the right direction.

Certain species have evolved over time and through natural selection into different species, whether different communities of wolves or the ponies that live on Sable Island. These animals have developed into genetically distinct species in their own right and their biodiversity should be maintained. The Government of Canada is removing an amendment the New Democrats, the Progressive Conservatives and a myriad of learned Liberal MPs supported. It has chosen to capitulate, gut a good provision and insult the good work of the committee.

Motion No. 14 is an amendment we have a problem with in the same regard. We will therefore not be supporting Motion No. 14.

We will not be supporting Motion No. 15. The hon. member is advocating that the phrase take social and economic implications into account. This speaks to the purpose of the act which is quite clear: to protect endangered species. We should be talking about the bill's socio-economic implications and recovery plans but we should not distract from its primary purpose.

We are on board with the government's technical amendment in Motion No. 19 which would clear up some language.

Motion No. 30 is a technical amendment which we support. We also support Motion No. 32, Motion No. 34 which is a government amendment, and Motion No. 36.

We have a serious problem with Motion No. 35. It would take back one of the principal benchmarks of the Government of Canada with respect to the listing provision that says the government must comment on whether or not species would be added within a six month time frame.

It is quite shameful that the government is gutting this amendment that was passed by members of the committee including New Democrats and Liberals. A compromise amendment was supported by the Canadian Alliance although I may want to check my facts. The government is gutting a provision it could have kept instead of capitulating to backroom bureaucrats who thought for some reason that gutting it was a better way to go. It is an insult to the democratically elected individuals who spent a lot of time at the committee level reviewing those aspects of the bill.

Motion No. 66 is the one we have a major problem with. It would change a clause that deals with enabling legislation to give the competent minister the capacity to make interim measures. It would enable the minister to make interim calls about whether or not a species was at risk. It would give ministers the capacity to protect habitat on an emergency basis. It would enable them to do these things but does not say they would have to. The government has said no, we do not want any responsibility whatsoever so we will take out the provision.

There are other amendments in the group but we in my party think Motion No. 66 is the greatest problem. The provision it proposes to change was supported in committee by members on both sides of the Chamber. It is quite sad that the government has decided to gut it.

Species at Risk ActGovernment Orders

February 26th, 2002 / 4:55 p.m.
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Canadian Alliance

Darrel Stinson Canadian Alliance Okanagan—Shuswap, BC

Mr. Speaker, I rise today on Bill C-5 with a number of concerns. I do not think there is anyone in the House let alone in Canada who does not have concerns in regard to a species that becomes endangered and how to help rectify that if it is possible. Bill C-5 goes far beyond that. If we are to look at this issue in a reasonable way, surely we have to look at the socioeconomic impact.

I am not that old. I am only 56. I was brought up to believe that there was such a thing as private property rights in Canada. A person could go out and spend their hard-earned money, their life savings, or maybe an inheritance that had been left to them by their mother, father, or grandparents, on a piece of property where they could raise their family or perhaps start a small woodlot. That property was theirs. As the old saying goes, that person was a king in his home. As long as the person did not infringe on his neighbour's well-being, everything seemed to be fine.

Then something like Bill C-5 comes forward which does not seem to take into account at all what the social impact will be. This piece of legislation will allow the government to deem a species on a person's property to be endangered and therefore the landowner will be held responsible for the upkeep and well-being of that species for the rest of his existence on that piece of property. Right away would a landowner in a free society that believes there is such a thing as private property rights not think that the government would help offset the cost or look after it itself? Naturally he would. However not in Canada. Not under this legislation. We have to look at the absolute stupidity of this whole philosophy.

I am very proud to be from British Columbia. Forestry is a major industry not only in British Columbia but right across Canada. Let us say we have a large section of forest in British Columbia, 90 square miles. In that industry in that one section perhaps 3,000 people as a rough average are employed. All of a sudden someone comes along and says that there is a little bug that lives in the forest and the whole forest has to be shut down. All of those people will be out of work which will impact on all their families and there will be no compensation.

Let us take that one step further. If a company had invested in that forest, had made its bid, paid its penalties and fees to the government and then was shut down, what would happen? There is no compensation from the government. It could go bankrupt, whether it was a big company or a small company. There are a lot of small companies in the forest industry. Under this legislation, the way it is written, that is exactly what could happen.

Even when the committee looked at it and put forward well over 140 amendments to the government to address some of these concerns, the government turned a deaf ear. What is happening?

It does not matter where people live. It will impact upon them, even if they live in the city. If there is an endangered species in the city, it will impact upon people in the city too. They will be held responsible. If people have a summer home or cottage on one of the lakes in Ontario, this bill could impact upon them. Their neighbour or somebody could decide that a species should be looked at because it could be endangered and the landowner could be held responsible for it.

Will a young person growing up in Canada invest in this great country when there is this type of hammer over his or her head? I could spend $500,000 on a piece of property and two days later somebody could decide there is an endangered species on my property. It would drop the value of my property from $500,000 down to where nobody would want to touch it because they would be responsible for the endangered species.

It becomes a major question with regard to what is going on. We cannot, point blank, pass a piece of legislation like this without looking at the consequences. What will the government do to our farmers, the people who supply our food? What will the government do if it decides there is a species of plant life that has to be saved at all costs? Will it shut down all the farms with no compensation?

I have heard that the government in some countries totally controls everything and no one is allowed to make a living unless the government says they may do so. Is this where we are going? Is this really where the government wants to take us?

Government members can shake their heads all they want. You never addressed one of the amendments put forward by all parties in the House. Not one have you tried to address.

Species at Risk ActGovernment Orders

February 26th, 2002 / 4:45 p.m.
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Canadian Alliance

Gerry Ritz Canadian Alliance Battlefords—Lloydminster, SK

Mr. Speaker, it is a pleasure to rise and speak to Bill C-5, the species at risk act. This is the third or fourth try by the government to bring the legislation to the floor. It seems to create more controversy than substance in a lot of these situations.

Patrick Moore, one of the founding members of Greenpeace, was speaking at the Saskatchewan Cattle Feeders Association meeting in February. He said:

I made the transition from the politics of confrontation to the politics of building consensus.

That is a tremendous quote. That is exactly what the government should be doing with legislation like this. It needs to build consensus with the provinces, landowners, land users and so on in order to make this type of legislation palatable.

Mr. Moore is a native of Vancouver Island. He went on to say that the federal government's proposed species at risk act should be a positive program that should reward not punish farmers for living near these species. He is absolutely right. That is at the crux of the debate. He stated that costs for such programs should be borne equally by both urban and rural people. We all want to protect these species at risk.

This fellow has the right idea on this legislation. He has seen situations where people on Vancouver Island spent huge amounts of time and energy saving eagles. They did it; it worked out very well. They were able to bring back that population of eagles. It is just tremendous to watch them flying around.

The unintended consequence was that the eagles started feeding en masse on blue heron nests. The blue heron was of course an endangered species. They corrected one problem and the eagles started redirecting their feeding habits on to the blue herons so that now they have another problem on their hands. It looks like mother nature is more than able to take care of a lot of this on her own and when people get involved we have these unintended consequences.

I woke up the other morning to the radio and the announcer was talking about flocks of up to 4,000 crows around the city. Everybody knows that a crow is a bit of a pest. They do not just wake us up early. These birds are predators that feed on songbirds. They feed on the nests and the young. We have saved the crows. We are not allowed to shoot them any more or use poisons. Now we have these huge flocks of crows feeding on songbirds, the very birds we want to entertain and bring into the city. When we start to muddle with things there can be unintended consequences.

SARM, the Saskatchewan Association of Rural Municipalities, is having its annual meeting coming up between March 4 and March 6. There are a number of resolutions that have come forward that speak to these unintended consequences.

I know that my counterpart from Selkirk--Interlake this morning talked about a Ducks Unlimited project that was having an adverse effect on areas of his land. He has less hay land to farm. He has plovers that are now endangered because their habitat is being flooded.

We see loons in Saskatchewan being moved off Lake Diefenbaker where the water rises and lowers so much because of the dam at the head of it that there is not a loon population there any more. We have seen adverse effects and unintended consequences.

The RM of Rodgers submitted one resolution. It claimed that some municipalities were concerned about the risk of prairie fires that non-grazed or uncut long grasses presented, and neither the RM Act nor the Prairie Forest Fire Act gave the RM specific authority to direct owners of such land to create or maintain satisfactory fire guards to prevent the spread of fires. They wanted the act to be changed so that the RM would have some intent or some excuse to go in and look after that.

That is directed at some of the areas that are going back to habitat, that species can then carry on in.

There was a resolution submitted by the RM of Three Lakes. It claimed that the best use for arable land in Saskatchewan was for agricultural purposes. Much of the land owned by Ducks Unlimited and the Saskatchewan Wildlife Federation had uncontrolled weed growth, and non-arable land was much better suited for the purpose of Ducks Unlimited and the Saskatchewan Wildlife Federation. They wanted some laws or some sort of regulatory body to control where Ducks Unlimited and the wildlife federation could expand.

We are having problems with weed growth in some of these untended areas where the seeds are blowing out across the rest of the arable land and creating a problem. The species at risk bill does cover grasses and weeds as well so there are unintended consequences there.

The last resolution came from the RM of Langenburg and the RMs of Spy Hill and Churchbridge. They claimed that the municipal land tax base was gradually being eroded by the conversion of agricultural land to wildlife habitat whereas the North American waterfowl management plan, and that is what the member for Selkirk--Interlake was talking about, identified five million acres of land in western Canada that was to be returned to wildlife habitat. That is not all bad. We do have an excess of crop grown in our country.

A lot of people have talked about taking arable land out of production and putting it back into grasses and so on. Perhaps there is something good there. They are also saying that this North American waterfowl management plan has budgeted $2.7 billion Canadian for this task. No one can bid against these folks. They have only spent 21% of the money that is allocated to secure 46% of their target. With a 60 cent dollar, that land is very accessible and very easy to buy out. No one can bid against them.

The work is being done by local and international conservation groups such as Ducks Unlimited, the largest single landowner in the province of Saskatchewan. Farmers and the provinces are making the changes without threat or punishment from the federal government.

Statistics Canada reports an excess of $6 billion benefit to the economy from wildlife and related activities. That has been harmed a little with the long gun registry. The hunters are not out there the way they used to be. It is great to create all these habitat and wildlife areas, but unless there are actual hunters out there, we end up with an excess.

There is a huge problem in Saskatchewan at this time. The chronic wasting disease, CWD, which infiltrated our domestic elk herds has now shown up in wild deer. Hunters and wildlife federation officers are eradicating whole herds of deer. When we start to mess with mother nature, these unintended consequences start to boil over.

We saw that with the government deregulating the use of strychnine to control pocket gophers. There was a huge resurgence of gophers. A family of these little guys will clear off a tonne an acre of forage. We talked about that issue here. We passed a motion to reinstate the use of strychnine to control gophers. I hope the government will follow through on that on the spring seeding. We are looking at another drought in western Canada and gophers are going to be a huge problem again. We will have to have unlimited access to that strychnine in order to get on top of the problem.

There are some unintended consequences when we start to play with poisons. There was a huge hue and cry which actually shut it down the first time. Eagles, hawks, swift foxes and ground owls were feeding on the same poisons. It is very hard to prove that was actually happening.

Studies have been done. A lot of them were done by Senator Herb Sparrow who is a known environmentalist. He has won awards. He has done studies which say that a hawk would have to eat seven to eight gophers at one sitting in order to be harmed by that amount of poison. It is physically impossible. They just cannot digest that great a number. A fox or a coyote would have to eat 35 or 40 gophers. The bulk of them die in the hole so they would not be accessible to begin with.

We have regulated a huge problem in western Canada with respect to the gopher by taking away strychnine because some people said it was poisoning carcasses and that coyotes and the odd eagle were dying. If that is happening, then go after the bad guys. Hit them with every law on the books that can be thrown at them, but please do not throw the baby out with the bath water and regulate us all.

That is what Bill C-5 seeks to do when we do not talk about proper compensation and when we talk about criminal liability and that people are guilty before they have a chance to prove themselves innocent. It is a huge problem.

Years ago I had a lumberyard and I had a truckload of lumber coming from the west coast to my lumberyard. While going through Banff National Park, an elk bull jumped out in front of the truck. The last thing the truck driver wanted at two o'clock in the morning was to have an accident but it happened. Who was at fault? He was on the highway and the elk jumped out of the ditch. It took out the radiator, the front tire and the bumper of my truck. They are expensive repairs when it is a Kenworth truck. The driver spent more time filling out paperwork for the elk that committed suicide than it took for me to get the truck parts from Calgary, bring them out and put the truck back on the road.

The elk is not an endangered species. It just happened to be in the park. That type of thing happens.

The criminal intent outlined in the bill is that a person is guilty until the person can prove that he or she is innocent. We see no compensation and the usage of land is being taken out from underneath the farmer, the rancher, the woodlot owner, the miner, the oil patch and so on.

We really have to look at some of the amendments that have come forward and which are rightfully placed. They are non-partisan in nature. Let us get the government back on track with the right purpose here, to protect endangered species, some of which are farmers out in western Canada.

Species at Risk ActGovernment Orders

February 26th, 2002 / 4:35 p.m.
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NDP

Judy Wasylycia-Leis NDP Winnipeg North Centre, MB

Mr. Speaker, I am pleased to participate in the debate on this group of amendments before the House dealing with Bill C-5. I want to take up where the Alliance member left off and that is the question of how much the government has moved toward a totalitarian regime which is so evident in regard to Bill C-5.

I take umbrage with the member's suggestion when he likens what is happening here to Cuba. Cuba is a pinnacle of light and a bastion of democracy when we compare that country's operations with the actions of the government.

What we are seeing today is an unequivocal and unparalleled attack on democracy. No wonder Canadians are cynical about politics today. No wonder they feel that governments do not represent them and politicians are not doing their jobs when this kind of deliberate manipulation of the democratic process takes place.

We are not talking about a few amendments that the committee presented and that the government then vetoed. We are talking about 125 amendments that came from a committee of the House that worked long and hard for weeks and months. We can go back years on this issue of protecting wildlife species at risk in Canada. This was a committee that was actually working. It was doing the job we all expected committees to do when we were first elected.

It is something I cannot imagine because I am used to a committee system where the minister responsible tells the committee what to do so that we become mere puppets and we are managed and manipulated by the government of the day. I am speaking of the health committee. I do not need to tell members how much that committee has been managed by the former minister of health, I cannot speak for the present one but certainly the former minister of health. We have not been able to contribute to the issues of the day because of that kind of manipulation. My perspective is certainly coloured by the experience I have had for the last five years on the health committee. I hope we can correct that.

It is mind-boggling to think that when we finally have a committee that works, where all parties come together and bring forward a unanimous report to the House, the government of the day can turn around and say forget it. It said to never mind all the hard work, never mind the fact that the committee dealt with some very difficult divisive issues and came together, compromised and made recommendations. We are talking about a committee that looked at 330 amendments. It took a lot of time and effort and then returned with a report with 125 amendments to the present bill that we are dealing with.

That was the result of hard work on the part of the committee members. This was years and years of work by expert groups and concerned citizens across the country who were pressuring, pulling, prodding and pushing the government to finally do something on this vital of area of species at risk, an issue that was long overdue for action.

We can talk about a decade of stalling and dithering by the government of the day on something as fundamental as environmental protection and ensuring that species at risk do not become extinct. We are talking about something very fundamental and basic to our society today and our notion of being a civilized nation. What is more reflective of a civilized nation than what we do in terms of species that are at risk of becoming absolutely extinct?

It is absolutely harmful to the democratic process for this to happen. It is harmful to the whole process involving citizen participation. That is one issue we have to come to grips with in this place.

Let us once and for all deal with this matter in this place. Let us stop the games, the charades, the manipulation of parliamentarians and committees. Let us start to value and treasure the work that we do as parliamentarians, especially at those rare moments when we can come together with one voice and impress upon the government that there are suggestions that can be pursued that were overlooked. There are constructive propositions that are worthwhile and ought to be considered. That is one very important issue.

The other is what this means in terms of the task at hand. The real test of the bill is to protect Canadian indigenous species, subspecies and distinct populations of wildlife from becoming extirpated or extinct. Does Bill C-5 do the job? Does the bill help us as Canadians to ensure that species do not become extirpated or extinct?

By all accounts the bill does not because the government has watered down the bill, ignored the recommendations and bypassed the good work of the committee. What we have before us today is a government that has decided to scrap the work of the committee, scrap the good recommendations and go back to a watered down bill that does not do the job. The bill does not do what is required. It does not do the bare minimum to ensure that species at risk are protected and we as a country do not face the extinction of rare and valuable species.

We can look at a number of aspects of this group of amendments as they pertain to the ability of the bill to protect wildlife species. I will focus on one particular amendment that is covered in the group we have before us today. This has to do with the question of extra protection for the preservation of habitat where wildlife is threatened.

It is very interesting to note that the committee recommended an amendment to Bill C-5 which would provide for broad discretionary interim measures so that the government would have the ability to protect species that were in immediate danger. This is a provision that gives the government some wherewithal, a mechanism to take immediate steps should information be made available and some development occur requiring that kind of immediate intervention to protect the species.

My colleague from Windsor--St. Clair has worked long and hard on this whole process, like others around the House from all sides. He tells me that the government chose to come back with Bill C-5 scrapping entirely this amendment. The government is stripping the bill completely of this provision in order to ensure that the minister and a competent minister would be able to take those steps if necessary.

Why in the world would government, any government, do that? Why would the government give up that ability? It is not something that would be used on a random basis or a whim or at will, but it would be there in the event that immediate action was necessary to protect a species on the verge of becoming extinct.

One can only assume that the government is bent and determined on catering to the demands of industry, landowners, or big developers. We do not know who. The government is catering to someone out there who is putting pressure on it to water down and weaken the bill. It is inexplicable and makes no sense.

What is required of us today is to do two things. First, we must stand up for democracy. That means sending a message to the government that it is absolutely unacceptable for it to veto, bypass, scrap or diminish the work of a committee of the House when it has arrived at a decision that is based on unanimous consent and based on months of hard work.

Second, we must stand up for strong legislation and at least force the government to put back in place those amendments recommended by the committee because they toughen Bill C-5 and ensure that we have got some framework to deal with a serious and growing problem.

The only way we can do both is to oppose this group of amendments, to oppose Bill C-5 as amended by the government, and have returned to us a much tougher, more meaningful bill as recommended by the committee of the House.

Species at Risk ActGovernment Orders

February 26th, 2002 / 4:25 p.m.
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Canadian Alliance

Dale Johnston Canadian Alliance Wetaskiwin, AB

Mr. Speaker, today in speaking to the endangered species act, Bill C-5, I intend to make the case that the government has not taken into account the socioeconomic impact that the bill would have on Canadians.

It is particularly pertinent to note that the minister refers to this as getting into the proverbial swamp and states that they have been given $45 million a year to run this process, yet they do not know for sure if $45 million a year is sufficient to do that or not.

What I contend is that it will cost a whole lot more than $45 million a year and the rest of the money is to come from the very people whose lands house these endangered species. It is sort of a double jeopardy and a double burden on persons who actually own the land when a law is passed that says they must protect the species on the land, but, if land is taken out of production, they will not be compensated for it. Further it says that they have to do this at their own expense. Basically they are being taxed to provide money to put into these government programs, yet if the government program runs short, then the individual landowner can be expected to pick up the slack.

My contention is that the government needs those taxpayers. It has to be a symbiotic relationship. The taxpayer has to make a living to pay taxes. If the bill is going to be so onerous and so restrictive that they will be hampered to the point where they cannot make a living, the government has to look very closely and earnestly at the possibility that the taxpayers will just throw up their hands and say they cannot make a living. If companies or people cannot use their land for which it was intended, for which they bought or leased it, whether it is for farming, ranching, mining, harvesting forestry products or whatever, then they simply will go out of business and the government will lose more taxpayers.

The government cannot afford to lose taxpayers. When it is paying $40 billion a year in interest rates to maintain the interest on our national debt, the government needs every dollar it can drag out of its taxpayers.

I do not think that the government has taken into account the socioeconomic impact that the bill will have. That can be stated over and over again. I hope the government is listening and taking these things into consideration, but I am afraid it has not because we have put forth all kinds of amendments. I understand that my colleagues were able to get agreement on several amendments in committee, yet that was all washed out once the hierarchy got ahold of it.

Here again we have a committee process that is a sham. It looks good on the outside but when we actually look at the workings of it we discover that the Prime Minister and cabinet dictate what the outcome of the committee shall be.

While it is absolutely desirable to maintain our species at risk, to have them flourish, propagate and multiply in a friendly environment, it is also extremely important that the economic stability of the country be allowed to do just exactly the same; to prosper, to expand, to put people to work so they can make some profit and pay their shareholders and their taxes. If they cannot do that, all the good intentions in the world will be for naught because we simply will not be able to maintain our endangered species and we will have an even worse problem. We would not be able to maintain our industries.

I have said this before in the House that, as a farmer, I have grave concerns that the intention of the bill, as laudable as it is, will not be realized under the parameters as written today. It simply has to be amended to take into account that the people who are paying the bills have to have an opportunity to grow and to thrive or else they simply will stop paying the bills. Then what will happen to our endangered species? There will be no one left to protect them. It is important for someone to speak up to protect the people who are actually paying the bills.

Some of my colleagues have spoken previously about the punitive aspects of the bill as well. In British common law it is tradition that we will be innocent until we are proven guilty. In this bill it appears that that is not the case. It appears that there will be a provision in it that whether a person has acted maliciously, recklessly or with criminal intent will not be taken into the situation at all if it is discovered damage has been done to environment which would impose hardship on endangered species; in other words to ruin the environment of endangered species.

By not having to prove that, the crown should have to prove that people either acted recklessly, maliciously or with criminal intent for those charges to stick. If people cannot defend themselves against that, what possibly could be put up for a defence? Could we say, we did not know that the species was endangered? No, that cannot be said because that is no longer a defence. We cannot say we were not aware that the species was living on our lands because that is no longer a defence.

It could be a total accident. I tried to make this point yesterday. If someone were to hit a whooping crane with a car, which is an unlikely possibility, would that person then be guilty under this act of destroying an endangered species? I do not think there is a person in Canada who would not recognize that a whooping crane is one of the endangered species. It is more or less the poster animal for endangered species. However, if someone were to accidentally bump into it, and more likely run into it with an airplane, would he or she be guilty under this act? From my reading of it, I believe the person would be. That is simply not right.

This is setting a tremendously dangerous precedent. We have to allow people charged with things an opportunity to defend themselves. If they do not have an opportunity to defend themselves, then that shows me that we are headed toward a totalitarian regime. I have been to Castro's Cuba and I have seen that the people there do not have an opportunity to defend themselves. If they are charged with something, they go straight to jail. They have no way of defending themselves.

I would say, as I said yesterday, that the bill will not accomplish the very things that it should and could accomplish if it were written correctly, and it is to the peril of endangered species in Canada.

Species at Risk ActGovernment Orders

February 26th, 2002 / 4:05 p.m.
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Canadian Alliance

Carol Skelton Canadian Alliance Saskatoon—Rosetown—Biggar, SK

Mr. Speaker, I am pleased to participate in the report stage of Bill C-5. Enforcement penalties of the bill are of great concern to me and my Canadian Alliance colleagues. I am speaking about government Motion No. 120, clause 97. The government seems to be continuing a trend of making criminals out of law-abiding citizens and turning its back on Canadian agriculture.

First, we have gun registration. That program has out of control costs and no realistic benefits. A farmer owning a shotgun is now a criminal.

Next, the government's cruelty to animals legislation is another example of turning farmers into criminals. Through the definitions outlined in that legislation, farmers and ranchers are at risk of prosecution over necessary and ordinary farming practices.

Now we have Bill C-5, yet again the ordinary Canadian has the opportunity to become a criminal. Due to the language of the bill, the crown does not need to prove intent or even reckless behaviour. Instead, it is up to the accused to prove that he or she has acted with due diligence.

Bill C-5 makes it a criminal act to kill species at risk or damage their habitats. In theory this is a worthy goal. It is the practising of the theory that has me concerned. There is a definite need for protection of these animals and species.

Species at risk legislation is something with which we agree, however there needs to be a balanced approach in the conviction and sentencing of offenders.

According to the bill as it currently stands, one would be required to be an expert in recognizing all species on the list of those that are at risk. It is not the average Canadian citizen who is aware of every one of these animals, let alone who has the ability to identify them and their habitats. To not be aware of every one of these animals and their particular habitats leaves one open for prosecution. I am not saying that ignorance is a defence. What I am saying is that accidents happen.

The enforcement and penalties within the bill must be based on one's reckless behaviour. To make criminals out of innocent people is not the place to start if we truly desire species and their habitats to be saved and protected. However, we do have the government's assurance that the minister will use his own discretion in laying charges. Again, we are asked to trust the minister. To leave the laying of criminal charges to the minister's discretion is not acceptable.

Being charged with a criminal offence is not something that any one of us would take lightly. The bill must contain reasonable guidelines, enforcement and penalties. It is not reasonable to pass a bill like C-5 that has holes and gaps in it. The government would have Canadians be content with the trust me attitude, that the gaps will be filled in by the minister at some later date. This is not acceptable.

If charges are to be laid fairly, the very least that should be provided is basic education and training for property owners and users. They should be entitled to know what their responsibilities are. A basic education plan for property owners would provide them with additional tools in the protection of species and habitats. This would be a benefit to all involved. To leave them in the dark and then charge them later with a crime they do not know they committed is horrific.

The penalties outlined in the bill are severe. There is a fine of up to $250,000 or up to five years in jail for an individual. These are very harsh punishments. Let us say, for example, that a farmer is out in the field and in the course of working the land ploughs under nests belonging to birds listed under the legislation. Is this an indictable offence? Is the farmer truly guilty? What were his or her intentions? Were his or her actions reckless? I do not think this farmer intended to destroy this animal's habitat. Is it worthy of criminal charges? I hardly think so. The farmers and ranchers I know are not about to plough up a bird's nest without thinking.

The legislation must be examined with some common sense. Making criminals out of innocent citizens is not the way to enact this legislation. If the government desires the willing participation of property owners in Canada, the threat of hefty fines and jail time is not the way to involve them. Co-operation is the key to this legislation being effective. Co-operation is possible when all parties involved are viewed as equal. Taking a heavy-handed approach will not work, like this bill.

Farmers and ranchers are among some of this country's finest conservationists. Most of these people understand the necessity of saving endangered species. They understand how fragile our ecosystems are. It would be to the benefit of species at risk to keep farmers, ranchers and landowners as partners in the plan for species protection. Enforcement and penalties need to be included in this legislation, but they need to be applied to those whose behaviour is reckless, whose actions are negligent and whose destruction of species and habitat is intentional.

For example, an individual is driving his or her car through a school zone. The driver is obeying the speed limit and is aware and alert, but suddenly a child darts into the street to retrieve a soccer ball. The driver slams on the brakes but is unable to avoid hitting that child. Is that person viewed as being as guilty as the individual who is driving drunk and at a speed well over the posted limit in that same school zone? Should the punishment for the alert, sober driver be the same as that for the intoxicated speeding driver? A civilized society would say no, that the second driver's behaviour was reckless and showed no concern for the welfare of others.

The bill rejects the thinking of a civilized society. The penalties in the bill must be applied with reason. Assurances of the minister's discretion are not good enough. Penalties must be adequately addressed in Bill C-5 before it is passed.

To have the responsibility of proving one's innocence, and in this case due diligence, flies in the face of western law practices. The onus of proving guilt has always been on the crown. We expect to enter into legal confrontations being innocent until proven guilty. The federal government is now changing those basic practices. A Canadian citizen must now prove due diligence in the face of allegations. This is an awkward approach. The mentality behind it will alienate the participation of the very people needed to help implement this legislation: the property owners.

The enforcement of the bill is also in question. A document released by Environment Canada suggests a need for additional personnel and resources. This request is being made without the bill having been implemented. What will the requests be once it is? As enforcement capabilities by Environment Canada are limited already, what actions will be taken once the bill is passed? This government is notorious for not being able to estimate the costs of its own programs.

The federal gun registry was to have a minimal start-up cost and be self-sustaining afterward. It has now cost the Canadian taxpayers over $700 million. Will RCMP officers now be committed to enforcing environment legislation? The government has cut resources to the RCMP drastically. How can it be expected to enforce this bill?

The majority of property owners in my riding are also farmers. They are good, law-abiding citizens. To think that any one of them could be thrown in jail for inadvertently killing an endangered animal or damaging their habitat frightens me. Farmers and ranchers in the country continue to face hardships. We have seen their determination in the face of challenges such as drought conditions and low commodity prices in recent years. These individuals do not have the financial resources to fight changes that could occur through this present legislation.

The rights of property owners cannot be ignored or overshadowed by the legislation. We must make sure that penalties and fines are applied where necessary. I maintain that there must be the element of reckless behaviour or intent present. Accidents happen and mistakes can be made.

Species at Risk ActGovernment Orders

February 26th, 2002 / 3:55 p.m.
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Bloc

Jean-Yves Roy Bloc Matapédia—Matane, QC

Mr. Speaker, I am pleased to rise to speak to Bill C-5, an act respecting the protection of wildlife species at risk in Canada.

First of all, this bill reminds me of the early 1980s, when I was the mayor of a small municipality of about 4,000 inhabitants. When plans were made to create a national park in an area containing endangered species, our municipality had to invest considerable money in attaining its objectives, with the help of Parks Canada, of course.

The municipality had to clean up its water, because used water was being discharged into the St. Lawrence River at the proposed site of the park. At the time, I, as the mayor, and the council members were seen almost as cranks, people who were going to squander the taxpayers' money to save threatened bird species.

Twenty or so years ago, the environment was perhaps not the important concern for most people that it has become over the years. The bill before us today, which has a very specific objective—to protect species at risk—has undoubtedly been requested by taxpayers. Unfortunately, we cannot support this bill because, once again, the federal government is interfering extensively in provincial jurisdictions.

However, we should perhaps keep in mind the impact this bill may have on endangered species in our societies. We should perhaps also recall how the planet has evolved, how our environment has evolved since there was first life on earth. In fact, the situation today is the result of 4.5 billion years of evolution.

Man, humankind, is undoubtedly the creature which appeared last, but which has had the greatest impact. Over the years, man, by acting as he has done on this planet, is perhaps the being that has contributed the most to the destruction of his environment. Let us not forget that the evolutionary process has provided the human beings on this planet with a large selection of living organisms and natural environments.

We have only to look around us here. Leaving this House, we can go out to parks, along the Ottawa River, into Gatineau Park, and everwhere are surrounded by natural environments we often neglect to pay any attention to.

A decrease or degradation of biodiversity affects us all, and can have unexpected consequences for all human beings, for our living environments, and for our health in particular.

In Canada, as elsewhere, attempts have been made for some years to control the phenomenon of environmental destruction. Since the 1970s international conventions have been signed in order to control the trade in certain animal and plant species, in order to protect them from extinction.

Again this week, television news reports have shown us how certain species are disappearing, in Africa in particular, where people are engaged in trade involving endangered species. At the Rio summit in 1992, a number of countries in the international community, Canada included, signed the Convention on Biodiversity and made the commitment to initiate or maintain the existing legislative and regulatory provisions necessary to protect threatened species and populations.

Not long after, moreover, the government made the promise in its red book to commit to long term protection of the species that populate our planet. In that same vein in 1995, the Minister of Environment of the day introduced a first bill.

This provoked an incredible number of protests and criticisms—from environmental groups in particular, and others—that the environment had not yet really entered into our collective mores.

One of the main criticisms regarding this bill was that it was limited to federal lands. Environmental groups reproached the federal government for only intervening on lands that it owned, when it should have been intervening on all lands that required it. Once again, I repeat, such interventions would have to be done with the agreement of the provincial governments, including Quebec, which already had major legislation in place that protected species at risk to a great extent.

It is important to remember that at the time, only four provinces had laws to protect endangered species. Environmentalists pointed out that it was important for the government to act across the country. Once again, it is important to note that there were only four provinces, including Quebec, that were equipped with legislation to protect endangered species. As usual in the Canadian federation, Quebec was ahead of the others. This is nothing new, this is the case in a host of areas.

In 1996, the federal government proposed a Canada-wide agreement to the provincial and territorial ministers of the environment. This lead to the bill now before us. That agreement was the Accord for the Protection of Species at Risk.

In October 1996, the ministers responsible for wildlife gave their agreement in principle, which means that they finally accepted the principle of the bill and came to an agreement. At the time, Quebec environment minister David Cliche signed the accord, but he did not agree with, among other things, the federal government's interventions, which did not take into account provincial laws and regulations on the protection of threatened species.

In fact, our position and that of Quebec are the same as the one that the Minister of the Environment, Paul Bégin, stated as soon as his federal counterpart's bill was tabled, namely that this legislation was mere duplication. This is why we will vote against the bill.

Again, we agree in principle with the objectives of the bill, but we cannot accept it, since it creates duplication in provincial jurisdictions. In our opinion, this bill is not very useful to Quebec, considering that we already have regulations and laws protecting threatened species.

When the bill was introduced by the federal government, the Quebec minister indicated that this legislation sought not only to create a safety net for the protection of threatened species and their habitat on federal sites, but also on the whole Quebec territory. And we cannot agree with such a measure. We agree that the federal government must be able to take action to protect threatened species. It must do so, but by agreeing with the provinces, by accepting Quebec's jurisdictions, by accepting that Quebec is already ahead in this area, and by working with provincial governments.

The main criticism that we have regarding this bill is that it creates duplication, in that the federal government is once again duplicating regulations that already exist in Quebec. Instead of co-ordinating its efforts, of investing with the province to protect threatened species, the federal government is duplicating, it is creating a new structure and it is adding a new army of public servants to protect threatened species, while Quebec already has the necessary instruments.

Species at Risk ActGovernment Orders

February 26th, 2002 / 3:50 p.m.
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Canadian Alliance

Myron Thompson Canadian Alliance Wild Rose, AB

Mr. Speaker, we do not know what the project would cost any more than we knew what the gun registry would cost. The expert told us it would cost $85 million. That is hogwash. The expert does not know what he is talking about. Even the Minister of the Environment has said he has no idea what the cost would be. He says it could be this much or that much.

We know one thing. Putting Bill C-5 into place would not necessarily look after the needs of the people expected to administer it and look after endangered species. We would not worry about them. We would see what kinds of punishments the government would bring upon landowners if they failed to meet their commitment to the legislation. It would not even be their commitment. It would be forced down on them from the great mighty towers of Ottawa telling them to do it or else. That is the attitude on that side of the room.

The government says there is no connection between what the legislation would do and the suffering that goes on in the agricultural community. That is false. We would be bringing things down on people who do their utmost not only to produce good products from the land but to protect the very endangered species the government is talking about in the legislation. They have done so for years without any legislation or top down enforcement. They have been doing a good job.

The government should give producers credit for what they have done. It should work out co-operative measures to encourage them to continue to do good work and do it even better without penalizing them. However the Liberal government is incapable of doing so. Bill C-5 absolutely shows that.

Our amendments are coming in loud and clear. The government had better start taking care of the people whom it expects to take care of endangered species. When it cannot recognize the problems they are going through because it does not give a darn, what can it expect?

I am fed up with a government that does not care about the people who pay the bills for this place. They are the ones who foot the bill. I have seen producers raise their machines over areas and let crops grow wild because there are nests of endangered species they want to protect. They do not bother trying to get more crops off the land. They do their job. Why can the government not work in a co-operative manner with these people? Why can it not encourage them to continue doing what they have done in the past rather than order them to do so in such a draconian fashion? I say welcome to Canada, the dictatorship of the world.

Species at Risk ActGovernment Orders

February 26th, 2002 / 3:50 p.m.
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Canadian Alliance

Myron Thompson Canadian Alliance Wild Rose, AB

Mr. Speaker, it is too bad the hon. member is so impatient because that was my next comment.

The impatience of the Liberal government is nothing new. The government was impatient to bring in a gun registration program that would only cost $85 million. The government is impatient to bring in legislation to protect endangered species when it does not even know what it would cost. It cares even less because it would pass the costs on to the landowners and users of the affected areas. These people are doing their best to make a living and provide a commodity the country needs desperately. This in turn provides jobs to many Canadians.

The lack of a complete study of the socio-economic impact Bill C-5 would have on the agricultural industry is a disgraceful way to treat taxpayers and citizens of this land. It is absolutely disgraceful. It ignores the fact that most landowners work hard to produce commodities that are necessary in Canada. The government has never set agriculture as a priority. It never has and never will. It does not believe it is important because there are not enough votes in it.

One day the government will wake up and realize how important the agricultural industry is. In the meantime it hinders it with legislation that does not provide answers in terms of what it would cost and the impact it would have on farmers' lives and livelihood. The reason is that the government does not give a darn.

The minister for gun registration is saying give it to them. I know what he is thinking. He was thinking the same thing when he went to the public and asked whether they believed in gun control. Everyone believed in gun control and we therefore had to have legislation called registration which no one in these areas supported. Some 82% of the population supported gun control but did not support registration.

When the government came to this legislation--

Species at Risk ActGovernment Orders

February 26th, 2002 / 3:50 p.m.
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The Acting Speaker (Mr. Bélair)

I think the hon. member was on his way to attaching the comments he has made to the bill we are debating at the moment, Bill C-5. We are anxiously awaiting his statements.

Species at Risk ActGovernment Orders

February 26th, 2002 / 3:45 p.m.
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Canadian Alliance

Myron Thompson Canadian Alliance Wild Rose, AB

Mr. Speaker, I am glad to have the opportunity to speak to the bill with respect to Motion No. 3 which includes a number of amendments regarding exactly how the program would be paid for, who would pay for it, how much it would cost, what the effects would be, et cetera.

Last week I had the opportunity to go across the prairie province of Alberta to visit a number of farmers in areas such as Grande Prairie in the north and a small town called Vulcan in the south. A number of farmers, landowners and different types of agricultural people were present to speak to the committee about the difficulties they face in their professions.

I heard comments regarding the situation in a number of areas where people are having a difficult time with the price and control of their products. They are often unable to transport them because of the costs. An area that comprises part of my riding of Wild Rose and extends into other parts of southern Alberta is suffering a great deal of drought. Many farmers are quite concerned that as we move into a third year of drought there is a good probability many of them will have to close up shop and discontinue growing crops and providing much needed commodities in the land. They are quite concerned about all these things.

Behind all these major concerns was Bill C-5. One farmer commented that it was as if they did not have enough headaches and problems in their business already. These people live on the land, are in charge of being good stewards of the land, and use arable land to produce commodities that are needed not only in our own country but in countries around the world. The almighty ivory towers of Ottawa have once again put together a piece of legislation that indicates what the government thinks of these people. They are having shoved down their throats--

Species at Risk ActGovernment Orders

February 26th, 2002 / 3:35 p.m.
See context

Canadian Alliance

Larry Spencer Canadian Alliance Regina—Lumsden—Lake Centre, SK

Mr. Speaker, I rise to speak to this group of amendments that deal with the socioeconomic impact of the species at risk bill. I want to address my remarks specifically to a couple of those proposed amendments that as we well know will not be a part of the law but to indicate something of what we thought should be a part of the law.

We support the idea of protecting the species at risk. We understand that we are stewards of our environment, our nation, our wildlife and resources. We are not against protecting these kinds of things. We believe in the people of the land and how they need to be protected as well.

Motion No. 15 is a Canadian Alliance amendment. It states:

That Bill C-5, in Clause 6, be amended by adding after line 12 on page 8 the following:

“(2) The purposes of this Act, outlined in subsection (1), shall be pursued and accomplished in a manner consistent with the goals of sustainable development.”

That has to do with the economic impact. The endangered species act would give tremendous discretion to the minister to intervene to defend specific species at risk. It does not give any guidance as to what the minister might do to balance that with other considerations, such as, how it would impact the landowners, the land workers and those who are directly involved with that area of the species at risk. We believe that is a tremendous amount of power without proper balance.

The species at risk working group or SARWG had representatives from a broad range of environmental and industrial groups including: the Canadian Wildlife Federation, Canadian Pulp and Paper Association, Sierra Club of Canada, Canadian Nature Federation, Mining Association of Canada. The group proposed this amendment:

The purposes of this Act shall be pursued to the extent possible while taking into account social and economic interests of Canadians.

That of course is not a part of what we expect in the legislation. We are speaking to that and insisting that we remember the impact. It is one thing to be environmentally friendly, to protect the species at risk, but it is entirely another thing to forget those farmers and landowners who must bear the brunt of this. We feel that we must say these things on behalf of our constituents who are expected to bear the brunt of the cost.

COSEWIC, which is an independent scientific panel called the committee for the status of endangered wildlife in Canada, is responsible for maintaining the list of species at risk. It will take into consideration scientific evidence. This is all well and good and as it should be. We would want those species to be named by those who have knowledge of such matters, that it would be from a scientific point of view and not just simply someone's opinion. We applaud that. However it must be balanced against the real live concerns of property owners, industry and the economic well-being of Canadians.

I will take a few moments to tell a story. Some years ago my wife and I purchased a small farm from her aunt and uncle who were retiring. Not long after we purchased the farm a decision was made by the government of that place to run a four lane highway past the front of the farm. The government issued an order to us that it was going to purchase a strip of land which included the house, garden, parking area, garage and the barn. It wiped out the homestead. Every building on the farm was taken away by the decision to put a road in front of the property.

Let me mention another thing that happened to the same farm later. It was discovered that the land was erodible. It did not stand up to the hard rains. It would wash away and it needed conservation practices.

We found out that the crops being produced on that particular land were being overproduced and there needed to be a way of reducing production of that particular crop. We found out that wildlife in the area needed some way of being protected and conserved, that their habitat was being eroded. We also found out there was natural prairie grass in that area that was disappearing from the landscape and would be gone if not protected.

That piece of property went largely to the highway and to the conservation project. As a landowner am I happy about it? Yes, I am happy. Why? Because there was adequate and fair compensation. That does not sound like Canada does it? That was the program in place that enabled the conservation to take place and that is why we are so adamant about believing that it needs to happen in this case.

The government must do more for property owners, farmers and others who gain their livelihoods from the land and whose prosperity could be affected other than simply saying to trust it. It must stipulate that the commitment to protecting endangered species would be cost effective and respect the economic interests of Canadians.

Motion No. 14 is another amendment put forward by the Canadian Alliance. It reads:

That Bill C-5, in Clause 6, be amended by replacing lines 7 to 12 on page 8 with the following:

“becoming extinct as a result of human activity, to provide for the recovery of wildlife species that are extirpated, endangered or threatened as a result of human activity and to manage species of special concern to prevent them from becoming endangered or threatened as a result of human activity.”

The bill would provide for the recovery of wildlife species that are extirpated, endangered or threatened as a result of human activity. That is a laudable goal. However we feel that it also needs to be a part of choosing and deciding what would be protected, that is, is it a result of human activity?

We believe that all categories should be qualified by the phrase “as a result of human activity”, not just the recovery of those species. We would like to identify and minimize harmful human impact and not necessarily interfere with the natural evolutionary trends that work on species independent of human influence.

Species of special concern should, like the extirpated, endangered or threatened species, be mentioned in the clause and be protected against becoming endangered or threatened as a result of human activity that is in our control.

I was always taught to accurately count the cost before undertaking a major project. What is the cost to the real rural economy? What will be the cost to rural families? What will be the cost to the taxpayer? We have no way of knowing. Is it perhaps something like the cost of registering the farmer's duck and gopher guns? Will it forever rise in exponential numbers? Will it too oppress the already depressed farmer? Has the cost really been counted?