Bill C-288 (Historical)

Kyoto Protocol Implementation Act

An Act to ensure Canada meets its global climate change obligations under the Kyoto Protocol

The purpose of this enactment is to ensure that Canada meets its global climate change obligations under the Kyoto Protocol. It requires the Minister of the Environment to establish an annual Climate Change Plan and to make regulations respecting climate change. It also requires the National Round Table on the Environment and the Economy to advise the Minister — to the extent that it is within its purpose — on the effectiveness of the plans, and requires the Commissioner of the Environment and Sustainable Development to submit to the Speaker of the House of Commons a report of the progress in the implementation of the plans.

The Environment

[John Baird, Conservative, Minister of the Environment]

Mr. Speaker, the very best way to predict future success is to look at past action. The past action of the leader of the Liberal Party and the Liberal government was to do absolutely nothing on the environment by presiding over the biggest increase in harmful greenhouse gases around the world.

They have put forward a plan in terms of Bill C-288, a plan that they have not costed out. It is an irresponsible, reckless plan. If they believe Kyoto can be implemented with absolutely no cost, I challenge them to put this free Kyoto plan before Canadians.

[Dean Del Mastro, Conservative, Peterborough, ON]

Mr. Speaker, earlier this morning, the Minister of the Environment tabled a report with the Senate which said that if the Liberals rammed through their disastrous Bill C-288 environmental plan, the economic impact on Canadian families and businesses, including those in my home riding of Peterborough, would be devastating. I think the Leader of the Opposition should know that families in my riding consider that unfair.

Could the Minister of the Environment tell the House just how the ill-conceived Liberal environmental plan will hurt Canadian families and businesses from coast to coast?

[John Baird, Conservative, Minister of the Environment]

Mr. Speaker, the Liberal Party asked us, through Bill C-288, to present a plan to implement Kyoto because it did not have its own plan. The Liberal Party needs to be honest with Canadians.

I know someone who is being honest. I will read a letter we recently received. It says:

I would like to begin by congratulating you on the important steps you have taken to address climate change by supporting provincial efforts through the ecoTrust Fund and through your financial support of public transit initiatives.

Does the member know who sent this letter? It was someone named D. McGuinty, the Liberal member for Ottawa South.

Climate Change Accountability Act

[Michael Savage, Liberal, Dartmouth—Cole Harbour, NS]

Mr. Speaker, I am pleased to rise to debate Bill C-377, An Act to ensure Canada assumes its responsibilities in preventing dangerous climate change.

This is a big issue. For most of us, sometimes we get sidetracked by other issues but the damage that continues to be inflicted on our planet is a warning to all of us to do something to make a difference and to work together in developing strategies that will make a difference so that we can tackle the issue of climate change. We can no longer afford to be complacent and merely speak about the subject.

A number of things put this issue in perspective for me. I spend a lot of time in schools in my riding of Dartmouth—Cole Harbour, in high schools, junior high schools and elementary schools. While Canadians are focused on a number of different issues, the environment has always been a major issue for young Canadians.

As a parent of two young children I am very concerned about our environment. I want my children and all young Canadians to grow up in a world that places a priority on a clean environment, a world where new technologies are employed to combat climate change. I want them to grow up in a world where Canada honours its commitments, leads the world in tackling the effects of climate change and is prepared to take our responsibility to the planet seriously.

Every day we read about or witness on television or in our own communities the effects of climate change. It is our behaviour as humans that has brought us to the brink. Far too often we put more value on the present than on the future.

As parliamentarians we have no greater obligation than to do what is right. There is no longer any debate on what is causing climate change; it is us. There is no longer a debate as to the validity of the science, and those who dispute the science are often the same people who believe the world has only been in existence for a few thousand years.

Last year, as I suspect all members of the House did, I watched the movie by Al Gore, An Inconvenient Truth. This movie did not have as its goal to entertain the world, though it did. It was not meant to generate box office revenues, though it did. It was meant to alert us, to wake up the world to the crisis that exists with respect to climate change, and it did that as well.

Today we debate Bill C-377. This bill in many ways mimics an earlier bill introduced by my Liberal colleague from Honoré-Mercier. Bill C-288 recently passed with the support of all opposition parties, including the NDP. It seeks to have Canada meet its global obligations to the Kyoto accord. That bill is now before the Senate.

I want to congratulate my colleague from Honoré-Mercier, along with the member for Ottawa South, both of whom have been leaders on the issue of the environment, calling for the government to take serious action to combat climate change. It is our hope that the current government, whose members continue to play politics with this issue, would respect Bill C-288 and honour the Kyoto accord.

We have also had significant successes with another bill that is before the House, Bill C-30, the clean air act. Shortly after the introduction of this bill, it was recognized by most members of the House that it fell short of accomplishing any real measures to combat the crisis of climate change. Shortly thereafter, the government agreed to strike a special legislative committee. At the end of March, after a week of intense negotiations and late night sittings, opposition parties rallied around Liberal amendments to the bill and passed a comprehensive plan.

Having served on a special legislative committee on civil marriage a couple of years ago, I can appreciate the time and effort that all parties put in to rewriting the government's bill. I thank each of them for the hard work that they did on this very difficult issue.

To the surprise of many, the renamed clean air and climate change act was reported back to the House on time. When the clean air act was proposed by the government in the fall, many of us on this side of the House were very disappointed because it offered nothing new in our fight against climate change. The bill appeared to distract us from the fact that the government was not using its tools to negotiate with large industrial emitters, as the Liberal government had done. The Canadian Environmental Protection Act as amended in 1999 is already a very robust toolbox to confront large emitters.

Draft regulations to limit emissions were in place in the fall of 2005, but the Conservatives threw them out of the window when they came into office. When the government referred the clean air act to the special legislative committee, we had hoped the Minister of the Environment would propose improvements to the legislation. In the end, the government did not come up with one single substantive improvement.

Further, when it became obvious that the government was not serious and had no intention of taking substantive measures, our leader proposed a white paper called “Balancing Our Carbon Budget”. It is an aggressive and innovative plan to meet the challenge of real and substantial reductions in greenhouse gas emissions.

Balancing our carbon budget would work in the following way.

A hard cap on greenhouse gas emissions would come into effect on January 1, 2008, for the three largest industrial emitting sectors: electricity generation, upstream oil and gas, and energy intensive industries. The cap would be set at the Kyoto standard of 1990 emissions levels less 6% and would establish an effective carbon budget that companies within these sectors could be expected to meet.

Those companies that do not meet their carbon budget would deposit $20, growing to $30, per excess tonne of CO₂ equivalent into a green investment account. At a rate of $10 per tonne every year, companies could freely access the funds in the GIA to invest in green projects and initiatives that would contribute to tangible reductions in greenhouse gas emissions.

GIA funds would be held in trust by an independent operating agency governed with participation from the private, public and not for profit sectors. Funds not allocated to a project within two years would be administered by an independent operating agency to be invested in other green projects and initiatives.

At least 80% of the funds would be invested in the province where the facility of the depositing firm is located.

Companies that surpass the reductions called for in their carbon budget would be able to trade their unused allotments to other Canadian firms. Large industrial emitters would also be able to buy international emission credits, certified under the Kyoto protocol, to offset up to 25% of the amount they are required to deposit into GIAs.

Opposition MPs from all parties supported the solutions outlined in that plan and incorporated much of it into the new clean air and climate change act.

The bill now endorses a national carbon budget based on our Kyoto targets and reaches out to 60% to 80% reductions from 1990 levels by 2050. It requires the government to put in place the hard cap for large emitters and uses this hard cap to create market incentives for deep emission reductions.

For years businesses have been looking for the guidance and certainty that this law would provide. When the bill passes Parliament, it will allow companies to plan their investments and green technologies, reward early action and help us avoid the most dramatic climate change scenarios.

I am proud of that work and I am proud of my colleagues. There is more to be done. The next step is to ensure that the government does not ignore the special legislative committee's amendments. In line with that work, I am pleased to support Bill C-377.

[Marcel Lussier, Bloc, Brossard—La Prairie, QC]

Mr. Speaker, according to the actual wording of the bill tabled on October 31, 2006, by the member for Toronto—Danforth, the purpose of this enactment is to ensure that Canada meets its global climate change obligations under the United Nations Framework Convention on Climate Change.

In a second stage, the bill will create an obligation for the Commissioner of the Environment and Sustainable Development to review the measures proposed by the government to meet targets and comply with the obligation to submit a report to Parliament.

The Bloc Québécois is in favour of Bill C-377.

The fight against climate change is without a shadow of a doubt one of the most important issues of the planet and represents a major challenge for Quebec and Canada. Although the Bloc Québécois is concentrating on respect for the first phase of the Kyoto protocol, namely the period from 2008 to 2012, we should plan for the next stage in order to improve further Quebec’s and Canada’s environmental record.

While awaiting the results of the official negotiations among the 163 signatory countries and stakeholders of the Kyoto protocol, led by the special working group which began meeting in Bonn last May, Canada must determine a medium and long term plan to show it really wants to significantly reduce greenhouse gases. By adopting credible targets acknowledging the importance of significantly reducing greenhouse gases so as to reduce global warming, Canada can resume its role as a leader on environmental issues, a role it has stopped playing in recent years.

The Bloc therefore supports the principle of Bill C-377 in the hope of being able to examine and debate it in committee. The Bloc will seek to improve this bill. For example, the Bloc had Bill C-288 amended so that it includes a mechanism for a territorial approach, the simplest approach, but above all the most effective one for Quebec and the other provinces of Canada, in order to meet the Kyoto protocol targets.

We are in favour of the principle of Bill C-377, and we wish to study it with all due seriousness, given the seriousness of the issue of climate change.

There are three parts to this bill: first, new targets for the years after 2012; second, the publication of an annual report; and third, the new obligation on the environment commissioner. I want to turn now to one of these three parts.

Clause 5 of the bill sets medium and long term targets. The Government of Canada will therefore have to ensure, as a long term target, that Canada’s emissions are reduced to a level that is 80% below the 1990 level by the year 2050.

The second target that is mentioned is 25% below the 1990 level by the year 2020, which is considered the medium term target.

Between 2012 and 2020, Canada will therefore progress from a 6% reduction to a 25% reduction on its way to finally achieving its objective for 2050.

Clause 6 adds something else: it sets interim targets. It establishes the targets to be achieved every five years beginning in 2015. This interim plan also specifies certain other things such as a greenhouse gas reduction target for each of 2015, 2020, and 2025 as well as the scientific, economic and technological evidence and analysis used to establish each target.

The second part of the bill requires that an annual report be published. Since there are certain targets for each of the years mentioned, the purpose is to see whether the government achieved these targets.

The measures may include: lower emissions and performance standards, market-based mechanisms; spending or fiscal incentives may also be mentioned in these proposals or in the objectives in order to reach the targets. Cooperation or agreements with provinces, territories or other governments are another way of achieving these targets.

In regard to the latter point, the Bloc Québécois will ensure that the approach is in accordance with the territorial approach always specified by the Bloc. In complying with the Kyoto protocol, the Bloc Québécois still insists that the federal plan must include a mechanism allowing for the signature of a bilateral agreement with Quebec.

This bilateral agreement based on a territorial approach should give Quebec the financial tools it needs to implement more effective measures to reduce greenhouse gas emissions on its territory. This is the most efficient and the only truly equitable solution that takes into account the environmental efforts and choices made by Quebeckers in recent years, particularly with the development of hydroelectricity. This measure must be included in the measures taken following the 2008-12 period, so that Quebec may also continue to implement its own greenhouse gas reduction plan.

The third point is the new obligation of the environment commissioner to produce a report. It is important to note that there is no provision in Bill C-377 that would make the environment commissioner an entirely independent officer of Parliament who would report directly to Parliament. The Bloc would like such a change to be made to the environment commissioner position so that he has the latitude to fulfill the new duties assigned to him.

As I said earlier, the Bloc Québécois has always sought a territorial approach. Given the major differences between Quebec's economy and those of the other provinces, as well as efforts that have already been made, this is the only fair and effective approach that does not require years and years of negotiation. It is very simple: Quebec and the provinces who wish to do so can opt out of the federal government's plan and implement their own measures to reduce greenhouse gas emissions to 6% below 1990 levels within their territory. To enable Quebec and the provinces to make their own choices, the territorial approach should be combined with a permit exchange system.

As the deadline nears, the federal government must opt for the territorial approach to speed up efforts to reduce greenhouse gases as much as possible. However, the Conservatives twice rejected this promising approach and seem no more open to it now than they were before. For the period following the first phase of the Kyoto protocol, that is, after 2008-12, Quebec must be in a position to undertake its work according to its own plan.

The Bloc Québécois has no doubt that human activity is the cause of greenhouse gas production and is responsible for climate change. During discussions prior to the climate change conference in Bonn, the Bloc Québécois sent a clear message to the Conservative government. The federal government must shoulder its responsibilities and start thinking about medium and long term objectives. Since the conference, the Conservative government has stubbornly rejected the Kyoto protocol. It has lost face in the eyes of all of the countries that ratified the protocol. As my colleague said earlier, the past two years and the past few months have been a total loss in the fight against climate change.

The Environment

[Mark Warawa, Conservative, Parliamentary Secretary to the Minister of the Environment]

Mr. Speaker, imagine that, a Liberal asking a question on the environment. The Prime Minister made it very clear that if and when Bill C-288 becomes law he would respect that.

The real question Canadians are asking is, why did the Liberals not act on Kyoto when it was ratified, why 13 years of doing nothing? The other question Canadians are asking is, why, right after that vote, did the former prime minister go to the Rideau Club and leave his big V-8 limousine idling for over two hours?

Opposition Motion—Government Policies

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, on another issue, with regard to the Kyoto protocol, yesterday the House passed Bill C-288. The bill basically commits to meet our undertakings under an international agreement to which we are a party.

The Conservative government eliminated every reference to Kyoto from its websites. It has constantly indicated that it does not support the protocol and that it is not interested at all in trying to meet the targets under that protocol.

Quebec has shown some leadership in terms of climate change initiatives. I wonder if the member would care to comment on why it is important for Canada to make commitments as outlined in the Kyoto protocol in the best interests of the future generations of Canada.

Opposition Motion--Government Policies

[Michael Ignatieff, Liberal, Etobicoke—Lakeshore, ON]

moved:

That, in the opinion of this House, the government is failing to act in accordance with the democratic and open values expected of its office by imposing a narrow minded, socially conservative ideology as reflected in its approach to the judicial appointment process to dramatically increase the influence of right-wing ideology in the judiciary, its refusal to honour Canada's international obligations under the Kyoto Protocol including a refusal to act immediately to introduce regulations under the Canada Environmental Protection Act, its misconception that Canadians don’t want or need a dramatic increase in child care spaces on a national basis, its budget spending cuts directed at aboriginal people and silencing advocacy work done on behalf of women and the most vulnerable Canadians even in the face of budget surpluses, its failure to protect and promote linguistic and cultural diversity, and its undemocratic assault on farmers who support the Canadian Wheat Board.

Mr. Speaker, I will be splitting my time with the hon. member for Notre-Dame-de-Grâce—Lachine.

We have a motion in the House today that calls on all of us to take a hard look at the government's record. It is a moment to ask some questions. What is the big picture? Where is the Prime Minister taking the country?

The official opposition is concerned about the direction the government is taking and this is the day on which the House of Commons gets to call it the way we see it.

We on this bench start with the standard that we set in government. We have been nation builders. We create the institutions that make our country strong: the Canada pension plan, old age security, employment insurance, medicare, the Charter of Rights and Freedoms, the Kelowna accord and a national child care program, that is until the Prime Minister scrapped both of them.

Thanks to Liberal leadership, Canadians benefited from sound public finances and enviable economic growth. The contrast between the Liberal record and the record of this minority government is striking.

This government has no plan for economic growth, no plan for employment, no plan for post-secondary education and no plan for investment in science and research. That means no plan for Canada's future. That means no plan to help Canadians succeed.

This Prime Minister is governing only to win the next election. He has forgotten his country's future, and the future will judge him.

The government just does not understand that we cannot have a successful and united country unless we have a just society and a just society is one that offers everyone in Canada an equal chance.

Canadians have built a society with less poverty and less crime, a society that sends more young people to college and university and fewer to prison.

Canadians have abandoned the 19th century notion of a single dominant culture in favour of a constitutional and institutional framework that promotes a bilingual and multicultural diversity of peoples, including our aboriginal fellow citizens.

We on this side of the House have come to see that our differences are our strengths, unlike the Conservatives who see differences as wedge issues to exploit.

Thanks to the Liberal governments in the 1990s, Canada has had a budget surplus for a decade now. All Canadians should be proud of what we have accomplished together. These achievements are now threatened.

After just one year in office, the government has shown its true colours. The Prime Minister is turning back the clock on the social reforms of the last 30 years. It is not surprising that the Conservative Party decided to drop the word “progressive” from its name. That means we are no longer faced with the conservatism we know but with an ideological conservatism, a movement conservatism that will take Canada backward.

Bit by bit, the Prime Minister is shaping Canada into his vision and it is less progressive, less fair, less just and less equal. He cut funding for women's advocacy groups, and he was wrong to do so. If we want Canadians to have an equal chance, we need to do more to reduce economic and social inequality between the genders and not less.

In the last election, the Prime Minister told Canadians that our court system would protect them from the Conservatives if they pursued an ideological agenda.

But then he cut the court challenges program, the very program that funded a number of important cases that sought to advance equality rights. Abolishing this program is a serious step that directly reduces Canadians' ability to defend their charter rights.

The government also wants to appoint socially Conservative judges and rig the judicial appointment process to shift our courts to the right. Just yesterday, the Prime Minister told the House that he wants to choose judges on the basis of whether they support his criminal justice agenda. This fails to respect the separation of powers that is the basis of Canadian freedom. Governments pass laws, judges enforce and interpret them. One branch does not seek to bend the other branch to its will, except under the present government.

I again urge the Prime Minister to reverse the changes he has made in the way the government selects judges. I urge him to stop trying to politicize our judiciary.

The Prime Minister has even politicized the issue of equality in our country. He tried to reopen the same sex marriage debate and most Canadians regard this as a settled matter. We need to ask why a sitting Prime Minister would want to put into question the equality gains made by his fellow citizens.

The Conservatives have also cut funding for adult literacy programs, calling such programs “repair work after the fact”. For the government, adults who cannot read do not count.

This government inherited a $13 billion surplus, but still made $1 billion in cuts, mainly at the expense of those people who need help the most. These Conservatives have promised to cut another $1 billion before the next budget. What other social programs will be axed? When will it be enough?

This is a government that has plans to build more prison cells instead of child care spaces.

This is a government that has scrapped the historic Kelowna accord between Canada and its aboriginal citizens. For this government it appears to be acceptable to break faith with aboriginal Canadians once again.

Yesterday evening, this House adopted Bill C-288, which requires the government to step up to the plate and introduce a plan to achieve the Kyoto protocol targets. Instead of a plan, all we are seeing is fear and denial. This is not leadership. This is not governance. It is shameful. We need action and a comprehensive sustainable development plan, with accountability and targets, and we need it now.

This is a government obsessed with cutting taxes, not tax cuts that create jobs or enhance Canadian competitiveness or make it easier for Canadians to make ends meet, but tax cuts which weaken our capacity to build a just society for all. The Conservatives will strip back the government until the cupboards are bare in Ottawa and across the country, and that will weaken Canadian citizenship and it will weaken the national unity of our country.

The Prime Minister will try to hold onto power by using so-called wedge issues in the hopes of dividing Canadians. When will these politics stop? Canadians do not want a country where the values of a right-wing minority are imposed by stealth on a progressive majority. Canadians sense the reactionary drift of their government. They can feel the daily descent of their country into a place where opportunity is shrinking.

This is a progressive country, a place held together by faith in compassionate, smart and accountable government, and we are not going to get compassionate, smart and accountable government from a party that loves power but actually dislikes government.

We are not going to get national unity from an ideologue. We are not going to get the country pulling together under a party that governs for its base and not for all the people.

I urge all the opposition members to vote for this motion and send a clear message to this Conservative government and the people of Canada.

Let us declare that it is the opinion of this House that the government is failing to act in accordance with the democratic and open values expected of its high office. Let us draw a line in the sand. Let us say together that enough is enough.

Enough is enough.

My fellow parliamentarians, this country deserves better.

Kyoto Protocol Implementation Act—Speaker's Ruling

[The Speaker, Peter Milliken]

Last night, just before debate on private members’ business began, the hon. government House leader raised a point of order relating to Bill C-288, the Kyoto Protocol Implementation Act, standing in the name of the hon. member for Honoré-Mercier.

The House will recall that on Friday, February 9, 2007, debate on Bill C-288 was completed and divisions on the report stage of the bill deferred to February 14, 2007. Because of this, I felt obliged to point out to the hon. government House leader that his intervention came very late although I proceeded to listen to his argument in case he had new light to shed on the bill.

After his intervention, the hon. members for Wascana, Scarborough—Rouge River and Honoré-Mercier offered their views.

I have now carefully reviewed the comments made by the hon. government House leader and I confess that I find them somewhat troubling, for the hon. minister presents no new arguments, but instead comes perilously close to an appeal of the Chair's decisions, an appeal specifically prohibited by Standing Order 10.

Despite two rulings from the Chair to the contrary, the crux of the argument presented by the hon. government House leader is that Bill C-288 does require a royal recommendation because the course of action it puts forward would require the expenditure of government funds.

This is substantially the same argument so ably presented by the minister's predecessor on June 16, 2006. It was not persuasive then and is no more persuasive now.

With respect, I would refer the hon. government House leader to Debates for September 27, 2006, at pages 3314 and 3315 where I ruled on the original point of order raised on June 16. Since this latest intervention provided no new insights, let me simply quote from that decision. Referring back to an earlier decision on a similar case, I said:

the Chair--in the case of Bill C-292, an act to implement the Kelowna Accord--made a distinction between a bill asking the House to approve certain objectives and a bill asking the House to approve the measures to achieve certain objectives. So too in the case before us--[Bill C-288]--the adoption of a bill calling on the government to implement the Kyoto protocol might place an obligation on the government to take measures necessary to meet the goals set out in the protocol but the Chair cannot speculate on what those measures may be. If spending is required, as the government House leader contends, then a specific request for public moneys would need to be brought forward by means of an appropriation bill or through another legislative initiative containing an authorization for the spending of public money for a specific purpose.

As it stands, Bill C-288 does not contain provisions which specifically authorize any spending for a distinct purpose relating to the Kyoto protocol. Rather, the bill seeks the approval of Parliament for the government to implement the protocol. If such approval is given, then the government would decide on the measures it wished to take. This might involve an appropriation bill or another bill proposing specific spending, either of which would require a royal recommendation.

As Bill C-288 stands however, the Chair must conclude that the bill does not require a royal recommendation and may proceed.

This first ruling on the bill seems quite clear. The House will also recall that on February 2, 2007, a point of order was raised by the parliamentary secretary to the government House leader to the effect that amendments to this bill reported by the Standing Committee on Environment and Sustainable Development on December 8, 2006 required a royal recommendation and some hon. members commented on his intervention. That exchange is captured at pages 6341 and 6342 of the Debates. It too concludes that the bill does not require a royal recommendation and I would commend it to the attention of all hon. members. In short, the Chair has not been presented with any precedents that would reverse the views it expressed earlier.

I can appreciate that the hon. government House leader is frustrated by the prospect of what he calls a bad law being enacted and by the constitutional difficulties that he foresees, but these are not matters within the Speaker's purview. The Chair's powers are limited to interpreting matters of parliamentary procedure, not matters of law, nor matters of public policy.

Bill C-288 seeks to ensure Canada meets its global climate change obligations under the Kyoto protocol ratified by Canada on December 17, 2002, but the bill contains no provisions authorizing spending to that end. Therefore, there is simply no procedural impediment to the bill proceeding further or to the House pronouncing itself on report stage and third reading.

Let me just say in conclusion that, as your Speaker, I take very seriously indeed the responsibility to interpret the procedures and practices of this House in specific cases, particularly where the prerogatives of the Crown may be at issue and particularly in controversial cases such as this one where parties are deeply divided as to the right course of action.

The House's new rules on private members' business bring out in full relief the Chair's role and responsibility in these matters. I believe that a careful reading of my rulings on such cases, including the two rulings already rendered on Bill C-288, reveals them to lie squarely within the traditions of this place. I thank hon. members for their attention.

Bill C-288--Kyoto Protocol Implementation Act

[Ralph Goodale, Liberal, Wascana, SK]

Mr. Speaker, there may well be a number of members on this side, including the member for Honoré-Mercier, the sponsor of Bill C-288, who may wish to add to the discussion, but I will make one or two brief points.

The first one is fairly obvious, Mr. Speaker, and you referred to it yourself a few moments ago. You have already had the occasion to consider this matter with great care, at least twice, and you have made your ruling on this matter already. You have clearly said that there is nothing in Bill C-288 that impinges on the prerogative or the initiatives that have just been referred to by the government House leader. In fact, the bill falls within the rules because it does not impose the obligation to spend.

In meeting the objectives laid out in the legislation and providing for the measures for which the legislation calls, spending is one alternative that the government may at some future date decide to avail itself of and, in those circumstances, it would no doubt provide the royal recommendation at that time. However, as has been made clear in the committee and in the debate previously in the House, spending is not the only way by which the objectives of this legislation can be met.

The other day in the House, in debate on this point, the member for Honoré-Mercier pointed out that there were regulatory measures, reduction incentive measures, domestic trading measures, international trading measures and measures provided under the protocol itself having to do with the clean development mechanism and joint implementation initiatives. There are a wide range of means by which the objectives of this legislation can be met, including but not limited to and not necessarily requiring new spending. I think that is the essence of some of your previous rulings, Mr. Speaker, on this matter.

With the greatest of respect, I would submit that the argument presented by the House leader for the government just now does not amplify, either in terms of factual information or legal argumentation, the point that he and his parliamentary secretary have attempted to make in the House on at least three prior occasions and upon which you have already ruled in the clearest of terms, the latest being just a day or two ago. There is nothing in the legislation that necessarily requires a royal recommendation and, therefore, it is fully within the rules and fully in order and the vote can be taken at the appointed time tomorrow.

It is instructive though, while cloaked in an argument of parliamentary procedure, what the government has revealed is its absolute determination to try to scuttle anything that bears any relationship to Kyoto. That is the clear message. It is a political message; it is not a parliamentary message or a financial message. You have already ruled on that, Mr. Speaker. What it is seeking to do now is amplify a political message and it will find out in due course from Canadians that this message is rejected as well.

[Peter Van Loan, Conservative, York—Simcoe, ON]

Mr. Speaker, before I proceed further with the argument perhaps I will address that one short issue. I would refer you to pages 711-2 of Marleau and Montpetit where it states:

If a royal recommendation were not produced by the time the House was ready to decide on the motion for third reading of the bill, the Speaker would have to stop the proceedings and rule the bill out of order.

At this point in time, we have not reached that stage. Therefore, I would argue that this is in order; however, I will continue with the argument as you, Mr. Speaker, instructed.

The main point I would like to make with the bill is that as it purports to create standards or targets that the government must then try to meet through whatever means it has, then this is, in effect, an attempt to do indirectly what the House cannot do directly, and that is, force the government to spend money as the measures in the bill are trying to achieve and cannot be implemented without the expenditure of funds. As a result, this matter goes to the heart of the principles of responsible government and the financial initiative of the Crown.

Let me turn to some specific aspects of the bill that underscore these points.

First, on this general rubric of attempting to do indirectly what cannot be done directly and the general obligations, subclause 7.(1) of the bill states that:

--the Governor in Council shall ensure that Canada fully meets its obligations under Article 3, paragraph 1, of the Kyoto Protocol--

This would create an obligation to implement Article 3 of the Kyoto protocol which would require us to reduce our emissions to 6% below 1990 levels by 2012. Our emissions are currently 34.6% above this target.

The government's view is that if Bill C-288 were to create a legal obligation for Canada to meet the emission targets set out in the Kyoto protocol, as the sponsor of the bill has publicly stated, the bill would effectively require the expenditure of funds. Common sense dictates that the expenditure of funds would be necessary to achieve the Kyoto targets without devastating the Canadian economy.

Members of the official opposition have stated as much before the legislative committee studying Bill C-30. In addition, the leader of the official opposition has stated that major spending measures were being contemplated in the last Parliament, although specific legislative measures to fully meet the Kyoto targets were never brought before Parliament for consideration.

We therefore have with Bill C-288 an unprecedented attempt to legislate indirectly what the previous government did not legislate directly, and on a matter which the official opposition itself recognizes would involve spending in the many billions of dollars.

By creating a legislative target, if that is what Bill C-288 seeks to do, it puts the government in the untenable position to spend resources if it is to try to meet what has been set in legislation. It is not the Crown that is initiating all public expenditure. It suffices that targets be set in legislation for the government to have to come to Parliament to appropriate the funds needed.

With the greatest of respect to the Chair, it is not sufficient to say that the government can come forward at a later point in time with its specific measures to comply with Bill C-288 with that royal recommendation attached at a later time, which is what I take to understand as one of the Speaker's previous rulings.

The House would in effect be compelling a royal recommendation as there would be no alternative left to it. The only question is, what exact form of that royal recommendation would it be, not the requirement for that royal recommendation.

In effect, the House would have indirectly required expenditure of funds, which it cannot directly require through the provision of a private member's bill. I think that is a very significant bridge that we would be crossing here and it would have profound consequences for the operation of Parliament for generations to come and would be inconsistent with the history of how these matters have been dealt with in Parliament.

Clause 6 of the bill is one issue that I do not believe has been fully addressed. It authorizes the governor in council to enact a broad range of regulations to implement the Kyoto protocol. A new bureaucracy would be necessary to implement and enforce such regulations. The government is therefore of the view that clause 6 entails the expenditure of funds and requires a royal recommendation.

In addition, clause 6 authorizes regulations “respecting trading in greenhouse gas emission reductions, removals, permits, credits, or other units”. However, the Minister of the Environment informed the legislative committee last week that an emissions trading market would cost the government billions of dollars.

Therefore, the bill clearly contemplates not only direct government spending, for example, due to regulations providing for trading in greenhouse gas emission credits, but also considerable indirect government spending on the bureaucratic and administrative support necessary for implementing the regulations.

As you noted in your ruling, Mr. Speaker, if spending is required then a specific request for public monies would need to be brought forward by means of an appropriation bill.

Given this, Bill C-288 creates a legal obligation for the expenditure of funds. That is the only way in which the government would be able to comply with the requirements of Bill C-288 regardless of whether that was in the provisions of the bill specifically as laid out now.

This would be an example of the House doing indirectly what the House cannot do directly forcing the government to spend money that has not been authorized.

I think that the parliamentary traditions of this place are very important and the question of the royal recommendation does indeed go back to the very beginnings of our Parliament. Since the bill purports to indirectly force the government to spend money, allowing this bill to proceed to a third reading vote would be inconsistent with the principles of responsible government and the Westminster tradition of parliamentary democracy. As Marleau and Montpetit note at page 709:

Under the Canadian system of government, the Crown alone initiates all public expenditure and Parliament may only authorize spending which has been recommended by the Governor General. This prerogative, referred to as the “financial initiative of the Crown” is the basis essential to the system of responsible government and is signified by way of the “royal recommendation”.

This principle makes perfect sense in a parliamentary democracy, as the government is responsible and accountable to the House for its budgetary priorities.

Bill C-288 appears to seek to force, and more than appears to, in fact it does, force the government to change those priorities. It takes the initiative away from the Crown.

Through Bill C-288 the opposition is attempting to reverse the principle on its head by attempting to legislate obligations that everyone recognizes will require the expenditure of funds. Passage of this bill would create a dangerous precedent whereby the opposition can direct the future expenditure priorities of the government. The precedent could forever change the nature of our parliamentary system.

Similar analogous arguments can be seen bringing forward legislation requiring that everybody in the country achieve a minimum standard of compensation and guaranteed minimum income without specifying what that would be or how the government would go about achieving it. However, if those goals were there and were seen as enforceable, obviously they could only be achieved with government spending. Again, that is an example of the kind of loophole that would be opened, the kind of path that would be tread should Bill C-288 be regarded as being acceptable and not offending the royal recommendation.

Given the significance of such a precedent I would ask you, Mr. Speaker, to consider these issues carefully.

The government also has significant constitutional concerns with the bill. The regulatory provisions of the bill appear to be ultra vires as they cannot be said to be within the federal government's criminal law powers or the general powers of the federal government for peace, order and good government.

While I recognize that the Speaker cannot rule on matters of law, I wanted to take this opportunity to advise the House of the government's significant legal concerns with the bill.

In conclusion, ultimately, Bill C-288 is an example of a bad law. As the current Standing Orders governing private members' business are relatively new, I believe all parliamentarians should wish to avoid creating a precedent that puts this process into disrepute.

The government believes that the credibility and authority of Parliament to legislate in a clear and open manner is at stake on this matter.

If a royal recommendation is required for Bill C-288, that bill will not proceed further. However, the government will continue to move forward with its legislation on the environment, such as Canada's clean air act and the additional legislation to implement the government's February 12 announcement of a $1.5 billion ecotrust fund.

If a royal recommendation is not required for Bill C-288, the only conclusion that Canadians can draw is that this bill is a political attempt to do indirectly what the previous government was not willing to do directly.

As we look forward to what would be opened, the precedent, if we could simply establish targets, goals and objectives, and say that by so doing we are not creating an obligation for spending, yet a government would be obliged to meet those targets and objectives, we are creating indirectly a requirement for a royal recommendation.

I repeat, as I said before, it is not sufficient, with the greatest of respect, to say that the government can worry later about how it meets those objectives and targets, that the government can worry later about how it achieves the specific details and that the government can later craft a royal recommendation to do so.

The fact is the obligation will have been created now at this stage of the process. That is what the principle of the royal recommendation was always intended to prevent.

If we were to allow this to proceed at this point in time, I put it to you, Mr. Speaker, you would be making a ruling that would be turning on its head over a century of parliamentary practice. With the greatest of respect, I think there is great risk in going down that path.

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Speaker, I understand that you have already made two rulings on the issue of the royal recommendation in Bill C-288. Given the possible magnitude of what is proposed in Bill C-288, I would like you to consider the matter further and to consider additional issues with respect to the bill. The main point that I would like to make is that as it purports to create--

The Environment

[Mark Warawa, Conservative, Parliamentary Secretary to the Minister of the Environment]

Mr. Speaker, as we have said, and as I have told the hon. member many times, we are open to domestic carbon trading, to looking at it, but let us look at what the media is saying about that plan.

Tom Oleson of Winnipeg Free Press says regarding Bill C-288, “The cynicism and hypocrisy of this is staggering...”. He says the record of the Leader of the Opposition “as environment minister was abysmally bad, earning him a reputation as the Dr. Dolittle on climate change”. He says, “They complacently presided over a massive increase in Canadian greenhouse emissions even as they preached the virtues of Kyoto”. He asks, “How do they get away with it?”

They do not. We are taking action on the environment.

Kyoto Protocol Implementation Act

[Pablo Rodriguez, Liberal, Honoré-Mercier, QC]

Mr. Speaker, on Wednesday evening, Valentine's Day, the members of this House will be called on to vote one last time on my Bill C-288.

This bill seeks to force the government to meet Canada's commitments under the Kyoto protocol.

It is a bill that talks about the future, a bill that seeks to ensure that Canada takes tangible measures today for tomorrow, measures that the government does not want to take. Why worry about the future?

The government is totally isolated on this issue. The three opposition parties stand together on this important bill. In fact, all the parties except the Conservative Party want immediate action on climate change. That is why this bill is so necessary.

When a government respects neither international law nor the will of its own people, when it does not shoulder its responsibilities in response to one of the most serious challenges facing our planet, Parliament has the ability and the moral duty to force the government to do so. That is why this bill is so important.

The Environment

[Mark Warawa, Conservative, Parliamentary Secretary to the Minister of the Environment]

Mr. Speaker, the minister quoted Professor Boyd from UBC. It is unfortunate that the member was in a bad mood yesterday. He attacked the minister. He attacked the Auditor General at the committee. He must have got up on the wrong side of the bed.

The government is committed to working with all parties, including the opposition. We need to have a real plan. The plan is Bill C-30, not Bill C-288. I encourage the member to start working and stop obstructing.