Bill C-30 (Historical)

Canada's Clean Air Act

An Act to amend the Canadian Environmental Protection Act, 1999, the Energy Efficiency Act and the Motor Vehicle Fuel Consumption Standards Act (Canada's Clean Air Act)

Part 1 of this enactment amends the Canadian Environmental Protection Act, 1999 to promote the reduction of air pollution and the quality of outdoor and indoor air. It enables the Government of Canada to regulate air pollutants and greenhouse gases, including establishing emission-trading programs, and expands its authority to collect information about substances that contribute or are capable of contributing to air pollution. Part 1 also enacts requirements that the Ministers of the Environment and Health establish air quality objectives and publicly report on the attainment of those objectives and on the effectiveness of the measures taken to achieve them.
Part 2 of this enactment amends the Energy Efficiency Act to
(a) clarify that classes of energy-using products may be established based on their common energy-consuming characteristics, the intended use of the products or the conditions under which the products are normally used;
(b) require that all interprovincial shipments of energy-using products meet the requirements of that Act;
(c) require dealers to provide prescribed information respecting the shipment or importation of energy-using products to the Minister responsible for that Act;
(d) provide for the authority to prescribe as energy-using products manufactured products, or classes of manufactured products, that affect or control energy consumption; and
(e) broaden the scope of the labelling provisions.
Part 3 of this enactment amends the Motor Vehicle Fuel Consumption Standards Act to clarify its regulation-making powers with respect to the establishment of standards for the fuel consumption of new motor vehicles sold in Canada and to modernize certain aspects of that Act.

Canada's Clean Air Act

[Christian Ouellet, Bloc, Brome—Missisquoi, QC]

Mr. Speaker, if my hon. colleague is referring to Bill C-11, which will indeed take effect in 2011, I will point out to him that there is nothing about hybrid locomotives in that bill. There is no stated requirement for all train engines in rail yards to be hybrids by 2011, and there is nothing about the type of oil to use in order to reduce sulphur and particulate emissions either. None of that is covered.

What is this legislation, which I am very familiar with and have discussed previously, all about? What more does it do?

Perhaps we should put that in Bill C-30, because we did not in Bill C-11.

[Christian Ouellet, Bloc, Brome—Missisquoi, QC]

Mr. Speaker, I am pleased to speak to Bill C-30, since I have been involved in the issue of air quality in buildings and the environment for years. Thirty years ago, I started talking about hypersensitivity. I was in fact the first person in Quebec to talk about that. I am therefore pleased to speak to this bill.

We in the Bloc Québécois are asking the Conservative government to honour the Kyoto protocol and its 6% reduction target, within a plan that incorporates our international obligations. The Conservative government must also implement the action plan proposed by the Bloc Québécois to combat climate change. That plan is based on the principles of fairness and polluter-pay, it is based on a geographic approach and it includes a financial contribution to be given to the provinces and the Quebec nation by the federal government.

The federal government has rightly made commitments at the international level, but it must not undo that work by handing the bill to the provinces.

The Conservative government says that it does not want to send taxpayers’ money outside Canada. The Bloc Québécois certainly agrees with that. However, in the case of the oil sands, it seems to us that at present, the government is refusing to impose limits on the greenhouse gases produced by the processing of the tar sands into gasoline, into oil. The profits produced by the oil sands appear to find it easy to emigrate to other countries, particularly the United States. We could keep a bit of that money, and capture and bury the CO₂.

We therefore cannot say that this bill and what the government has in mind are for Canadians only. It seems fairly obvious to us that it is also designed with the big corporations in mind.

We agree with this bill, but it needs to be reworked and improved. We will nonetheless harbour a little hope that once this bill has been studied there will be some degree of quality left and there will be clear standards with regard to the Kyoto protocol. At that point, we will be able to say that we are doing our part to reduce greenhouse gases in Canada.

Certainly, we could look behind us and realize the extent to which nothing has been done, but there is still time to act. Nonetheless, this bill can be considered to be a drop in the ocean. We would not want it to be a smokescreen that will prevent us from joining the Kyoto protocol and adhering to its objectives.

Obviously, we agree with regulating air quality. We even think that this bill does not go far enough in that direction.

This is a fine thing, this Bill C-30, an Act to amend the Canadian Environmental Protection Act, 1999, the Energy Efficiency Act and the Motor Vehicle Fuel Consumption Standards Act (Canada’s Air Quality Act). That being said, is this act really going to allow for regulation of the quality of indoor air—as my colleague opposite has said—the air quality that hypersensitive people need? Hypersensitive individuals are increasingly being recognized as people who have a need. I will return to this in a moment.

With regard to indoor air quality, it is absolutely necessary that we approve the LEED rating system and incorporate it into our laws and regulations. We will then benefit from all areas addressed by the LEED rating system: energy efficiency, indoor air quality, exterior environment, lower GHG emissions and sustainable development for buildings overall.

LEED stands for Leadership in Energy and Environmental Design and is based on a rating system known as the Green Building Rating System. It was made in Canada—let it be known—by the Canada Green Building Council.

The government cannot say that we are sending our money elsewhere and that we are not doing anything for Canada by adopting the LEED rating system. It is very Canadian.

The clean air bill seeks to regulate motor vehicles. But what about off-road vehicles, locomotives, pleasure craft or transport vessels? In addition, the Minister of Transportation told us that he wants to reduce sulphur emissions of boats, but he did not say that he wants to reduce GHGs. There are also buses, trucks, road trains and tractors. There are hundreds of thousands of them. Then there are cranes, construction equipment, planes, snowmobiles and ATVs.

Why not add lawn mowers, too? A two-stroke lawn mower used for one hour causes more pollution than an automobile travelling from Ottawa to Toronto.

Furthermore, this legislation absolutely must include a verification and improvement program covering existing and future motor vehicles for as long as they are in use. Even though some cars do not pollute at first, they might do so eventually if they are not monitored. This has to be an integral part of the legislation. Another verification program is needed for all the other existing combustion engines, otherwise we are improving one aspect and ignoring the rest.

There needs to be an integrated system for industry. This is very important because this integrated system could also be a standard for the major oil industries. In accordance with our international commitments and air quality standards, greenhouse gases and air pollution have to be reduced at the same time. Such an industrial directive already exists in Europe and it works quite well. This directive, initiated by Great Britain and adopted by all the European countries, is called Integrated Pollution Prevention and Control, or IPPC.

This directive establishes a series of modules including assessment of emissions and local and international impact, and it takes into account global warming, the ozone layer and all waste management provisions. In our society, waste is a major source of pollution.

An integrated system is a must, because the IPPC is a sophisticated tool. It monitors all industrial emissions.

Every industry has a code and a potential for reducing pollutants, whether for global warming or garbage or the ozone layer. Even visual pollution, the risk of accidents and noise are taken into account.

We need to acquire some tools and not reinvent the wheel, which is what this bill does. Clause 46 speaks of reviewing things and holding consultations.

I want to remind hon. members that things have already been done elsewhere and that it would be a good idea to adopt those measures instead of reinventing the wheel and putting off good regulations to 2010.

[Bryon Wilfert, Liberal, Richmond Hill, ON]

Mr. Speaker, I am pleased to speak to Bill C-30, the clean air act, but I wonder why such a bill has been proposed by the government since the previous Liberal government had the most aggressive plan of the G-8. As the former parliamentary secretary to the minister of the environment, I challenge anyone in this House to name one country that had a more aggressive plan than Canada.

In April 2005, the previous government unveiled project green. It is somewhat disingenuous for the Conservatives to suggest that somehow we did nothing for 13 years. It is an absolute farce. Had they read and had they in fact continued on the road with what this government had started, we would be much further ahead today than this hot air plan that we are getting from the government.

The first myth we hear from the Conservatives is that we were going to buy hot air credits from Russia. That is nonsense. All the credits were Kyoto compliant. The second myth is that we do not support this because we are not putting any money into this. Last year we had the greenest budget in Canadian history of $10 billion.

The government is proposing to take action but it has done nothing for the last 10 months. When it unveiled this clean air act, it was recycling some of the things that we had proposed had it not been for the federal election. We do not need to do some of these things because the legislation is already there. I will talk about CEPA in a moment.

In September 2005, the previous Liberal government proposed adding six greenhouse gases, GHGs, to the Canadian Environmental Protection Act of 1999. They included carbon dioxide, methane, fluoro carbons and sulphur, but unfortunately an election came. These GHGs were included in the Kyoto protocol. Our government was committed to ensuring that we reached our targets.

Now some people said that those targets were not possible. They are not possible if we do not do anything. We had an aggressive plan. The former minister of the environment, now the leader of the official opposition, went to Montreal to COP 11. I had the privilege of chairing a session of parliamentarians from around the world at the G-8+5. We were able to get an historic agreement. We were able to get countries onside with regard to the post-Kyoto period.

Regrettably, the official opposition at the time, the Conservative Party, said that it did not believe in Kyoto. It was because some of those members, I believe, belong to the flat earth society. They do not believe the earth is round. If they do not believe in the science then naturally they would assume that this is not a real issue. They should tell that to the natives of the north. They should tell them about the melting of the polar ice cap or the floes that are now happening. My good friend from the Northwest Territories will certainly attest to the fact that we are finding problems in terms of habitat. Polar bears are now being disoriented because of the melting.

It may be good for some of us not to have to walk in the snow in the south but it is a tragedy for those in the north. I have to say that I believe this is the most important issue facing Canadians and in fact people around the world. We need to deal with this.

The government proposes this clean air act and yet that is the party that has always opposed Kyoto and always said that we could not do this and we could not do that. The reality is that we did a lot of very positive things.

We had an agreement in the 14th MOU with the Canadian manufacturers of automobiles. The government claims that this was a voluntary measure. We had 13 MOUs with the auto sector and every one was fulfilled. In fact, in the 14th one, we can measure the trajectory to ensure that the measures to reduce GHGs by 5.3 megatonnes would occur. If this did not happen, we could bring in and use a regulatory back stop, but the reality is that we have not had to. To suggest somehow that there is a problem, when we have already had 13 MOUs that were lived up to, I am not sure what the issue is.

We had 700 final emitters, the largest ones in the country, and we made an agreement with the 700 largest final emitters. Again, we hear from the Conservatives that this side did not do anything. Maybe they should talk to some of their friends in the flat Earth society because maybe the doubters over there just do not get it. They do not get it that the environment is extremely important and that we need to take action. What they have proposed under the clean air act is not action. It has a 2050 target. They now want to add things that they opposed back in September 2005, the things that this party proposed. Now they are saying that they are not bad ideas but that they need to change things because they do not have the proper tools. However, they do have the proper tools.

The amendments they are proposing to CEPA are completely and utterly unnecessary. We already have the vehicle but the members across the way said that it does not work so they opposed it. While they were opposing that vehicle, they have not read and do not understand what we already had in place. We do not need more legislation. We already have the legislation that we had adopted but the Conservatives refuse to use it.

We have a Minister of the Environment, and I do not know if she can spell the word, but she has not articulated a plan that will address the pressing needs. We were the government that dealt with taking 95% of sulphur out of gasoline. We were the government that was well respected on the international stage because of what we had done. As a member of Globe International, G-8+5, which is global parliamentarians for the environment, when I go to international meetings they now ask me what has happened in Canada when we were making such progress, moving forward, had the legislation and had the people on side.

We did not need to go to court as they did in California with the auto sector. We had an agreement on the reduction of 5.3 megatonnes. While the Conservatives were fiddling over there, we were taking action. While they were complaining, I did not see a plan during the federal election on the environment. I guess that is why we did not see anything until recently in the House called the clean air act or, as I like to say, the hot air act.

There is no question that we had programs. The present government is the one that gutted programs that we had brought in. In the one tonne challenge program, everyone had a responsibility to participate and to be involved. What did the Conservatives do? They cut it.

We did environmental audits so people could improve their homes, whether it was insulation for their windows, their doors, new furnaces, et cetera, but suddenly in the middle of the night the program was cancelled. Not only was it cancelled, it was not grandfathered. I, and I am sure others in this House, had constituents phoning and saying that they had just spent the money they thought they would be getting as a rebate and now suddenly they have nothing. We had to investigate this because the government was not clear. It talks about a clean air act but it cannot even come clean in here about the programs it gutted.

The real spokesperson on the environment is the Minister of Natural Resources. I went in October to the ministerial meeting in Monterrey, Mexico where all the environment ministers from the G-8+5 were there except our minister. It was the Minister of Natural Resources Canada who was the lead spokesperson. That is a travesty.

I will say again that everywhere I go around the world people are asking me what has happened. They want to know what happened to the leadership and the vision of the Liberal government in the past that took the lead and was the lead at the COP 11 in Montreal. I say that the best the Conservatives can up with is a hollow clean air act. I must say that it makes me very sad when they will not even try to embrace the positive things that were done and that because they were done by a previous Liberal government they must be bad.

However, according to those around the world, they were excellent and Canadians thought they were excellent.

[Bill Siksay, NDP, Burnaby—Douglas, BC]

Mr. Speaker, I want to thank the member for Skeena—Bulkley Valley for his comments. I also want to thank him for working so closely with the leader of the NDP to come up with the solution to the logjam that we found in this Parliament on issues related to the environment.

We all know the importance of Bill C-30. This was the attempt by the government to get these important issues on the agenda of this Parliament, but we also know that this bill was going nowhere, that it was ill-fated, and that the opposition parties could not support the legislation, but we could not miss that opportunity in the House.

The House needs to take some action on the environment and meeting our Kyoto obligations. I am glad that the member for Skeena—Bulkley Valley and the leader of the NDP put their heads together to come up with this process where, before second reading, the legislation can be referred to a committee, and there all parties in the House can bring their ideas to the table. We can then build a piece of legislation that truly reflects the urgency of this issue.

We cannot afford to see this matter delayed and the House has to take action. I am very pleased and proud of the action that was taken here in this corner of the House to ensure that in a non-partisan way, this agenda can go forward.

I wonder if the member might just comment further on that process whereby all the ideas that pertain to this important legislation can now be debated because of the referral to committee before second reading.

The Environment

[Stephen Harper, Conservative, Prime Minister]

Mr. Speaker, I promise to get to the bottom of it. I am really not sure whether I should take what the leader of the NDP said personally.

It was at the request of the leader of the NDP that the government agreed to put Bill C-30, the clean air act, before a parliamentary committee at second reading. Because we want to make concrete progress, we invite the constructive participation of all opposition parties. I would encourage the leader of the NDP to return to that constructive tone.

Canada's Clean Air Act

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

Mr. Speaker, this bill on air quality would amend three existing statutes, the first of which is the Canadian Environmental Protection Act. Based on our observations, however, these are not new regulatory powers that the government plans to grant itself, because they already exist in the Canadian Environmental Protection Act. The bill would also amend the Energy Efficiency Act. We find it strange that this amendment is being introduced after the EnerGuide program was eliminated. The third part of the bill would amend the Motor Vehicle Fuel Consumption Standards Act.

The Bloc Québécois currently supports sending this bill to committee before second reading. In our view, the amendments proposed by Bill C-30 are unnecessary. They would only slow down the process of taking concrete action against climate change. This is simply a delay.

The bill is also accompanied by a notice of intent, which lists the regulations the government intends to adopt over the next few years and the deadlines it has set for doing so. This document shows that the government is starting from scratch and beginning a new round of consultations in three phases leading to new standard that would not be mandatory until 2010.

Bill C-30 in its current form is unacceptable. It practically means the end of the Kyoto protocol objectives. The bill would incorporate into the Canadian Environmental Protection Act the statement that respecting Canada's international commitments on the environment is a matter of government discretion. We agree with referring the bill to committee before second reading because that will give us the latitude we need to consider the admissibility of amendments to this bill.

We will work in good faith in this committee, but the Bloc Québécois will make no compromises because respecting the Kyoto protocol targets is what is important. We will also present amendments to address the fairness of the polluter-pay rule, Canada's respect for its international commitments and, most of all, the urgent need for action to fight climate change. I want to remind hon. members that the Bloc's priority is still Bill C-288, which clearly respects the Kyoto protocol objectives and for which the legislative agenda is controlled by the opposition and not by our government.

Thanks to past investments by the administrators at Hydro-Québec in the area of hydroelectricity, Quebec has a non-polluting electricity production network. Quebec's plan mainly targets transportation and pollution reduction in certain industries.

As far as transportation is concerned, the bill would amend the Motor Vehicle Fuel Consumption Standards Act to create the regulatory power to impose mandatory vehicle consumption standards on the industry by 2011, after the voluntary agreement expires. This does not seem soon enough.

The government has announced that Environment Canada and Health Canada also intend to hold detailed consultations with the provinces and industry starting in the fall. This consultation is late. It is planned in three major phases: the first will end in 2007, the second in 2008 and the third in 2010. Therefore, no regulation will come into effect before 2010.

What is important to the Bloc Québécois is that targets are established. These targets are in our report on the evaluation of greenhouse gas emissions.

In 2004, production of greenhouse gases in Quebec was about 12 tonnes per person, or half the average rate of production of 24 tonnes per Canadian. As for the other provinces, per capita emissions totalled almost 69 tonnes in Saskatchewan and 73 tonnes in Alberta, or five to six times greater than in Quebec.

If we compare increases between 1990 and 2004, we note that Quebec emissions have risen by 6% since 1990, compared to 39.4% for Alberta and 61.7% for Saskatchewan.

As I was saying earlier, opting for hydroelectric energy certainly was a significant factor in Quebec's enviable performance. However, the collective choices made by its citizens, industries and the National Assembly also made it possible to achieve these results. The Quebec pulp and paper industry alone reduced its greenhouse gas emissions by 18% between 1990 and 2005.

The excellent performance of the Quebec manufacturing sector also made a substantial contribution to Quebec's positive results. Between 1990 and 2003, this sector reduced greenhouse gas emissions by 6.8% and emissions arising from industrial processes by more than 15%. These reductions were made possible by significant strategic investments by Quebec companies in innovative technologies allowing them to improve their processes and their energy efficiency.

The Minister of the Environment refuses to acknowledge the efforts made by Quebec or the value of the Quebec plan. It was again obvious in Nairobi, where she failed to mention Quebec's green plan in her official speech to the international community.

Rather than revise its international obligations by calling the Kyoto protocol into question, the Conservative government must implement the climate change action plan. That was the Bloc Québécois' proposal, founded on the very important principles of equality and polluter pays. With respect to the polluter pays principle, studies have been done on Canada's emissions and it is generally accepted that responsibility for reducing emissions should be shared non-proportionally based on population or gross domestic product. It should be shared by the provinces and the territories. The Bloc Québécois is proposing a three-part approach to distribute the burden across Canada and give each province quotas to comply with.

The European Union succeeded in reaching an agreement on distributing greenhouse gas emissions among 15 European countries. The negotiations took two years to achieve concrete results. Each country has its own targets to reach.

In Canada, negotiations went on for almost five years and were suspended. We have not yet reached a compromise on distributing responsibility among the provinces and territories.

According to this three-part approach, Quebec's goal would be 0% relative to 1990 levels. The province could therefore simply address its 6% increase since 1990 to reach its goal: 1990 production levels.

Other provinces' goals are much higher because of their energy choices.

In conclusion, over the next few weeks, the Bloc Québécois will propose amendments to this bill.

[Tony Clement, Conservative, Minister of Health and Minister for the Federal Economic Development Initiative for Northern Ontario]

Mr. Speaker, I am pleased to address the House on Bill C-30, the clean air act. It is a major step in meeting Canada's new government's commitment to introducing an environmental agenda that is national in scope, achievable and will provide the foundation for improving the health of Canadians and the environment of Canadians for generations to come.

It is through this act that we can address a problem that has a profound impact on the health of Canadians and, as Minister of Health, that obviously is a prime objective for me.

The health of Canadians is affected by the quality of the air that we breathe. The clean air act also provides Canada with a realistic and, we believe, an affordable plan to deal with greenhouse gas emissions simultaneously. Our government's objective is to minimize or eliminate the risks to the health of Canadians posed by environmental contaminants in the air. It goes without saying that clean air is important and imperative to the health of all Canadians.

I represent the constituency of Parry Sound—Muskoka. I also consider myself a so-called green Conservative. My constituents are concerned about clean air and clean water but they are also concerned about the water levels in our constituency that are directly affected by environmental change.

People want to see action. They have heard lots of talk in this chamber and elsewhere at the federal level and a lot of talk by the previous Liberal government but they have seen no action. As the hon. member said a few moments ago, what we have seen from the previous government and the previous environment ministers has been an increase of 35% or more above the Kyoto targets in terms of greenhouse gas emissions. This is a sorry state of affairs, which is only exceeded in the embarrassment by the fact that the United States of America under George Bush was able to do better than us here in Canada under the previous government. The Auditor General has said that the previous Liberal government should be ashamed of its record and she condemned it for it. I believe we can and we must do better.

As a starting point, Bill C-30 rightly draws attention to the fact that we must challenge the old ways of doing things, ways that have produced no tangible benefits, and voluntary approaches that have produced more hot air than true commitment and results. We must follow up with action to address air pollution and greenhouse gas emissions simultaneously and directly.

Unfortunately, as I said, we have been lulled into a false sense of security, which was created by the former Liberal government when it agreed to unrealistic targets that were impossible to achieve. The clean air act is the first step toward a true regulatory agenda that can and should be supported by all members of Parliament in order to protect the health and environment for future generations and a legacy that can be built upon to create better progress and, of course, be supported by a sound economy.

While I would like to focus today on a number of key areas that highlight the importance of the bill, I would also like to say that it has been designed to meet objectives which I believe are shared by most members of the House. The first of these objectives concerns the protection of the health of Canadians.

The clean air act recognizes the fundamental relationship between environment and health and identifies the health of Canadians as a key driver behind the regulation of air pollution and greenhouse gas emissions.

As we all know, the quality of the air Canadians breathe is vital to their health. The air quality bill will lead to solutions that will improve the health of Canadians, and it recognizes the importance of protecting the health of vulnerable populations.

Air pollution can affect us all, no matter who we are, where we live, or how healthy we are. The World Health Organization recently estimated that air pollution caused two million premature deaths every year around the world.

Using data from eight Canadian cities, Health Canada scientists estimate that of all the deaths in these cities every year at least 5,900 deaths could be linked to air pollution. Research also shows that poor air quality sends thousands of Canadians to hospital each and every year.

There has been an increase over the past few decades of certain diseases affecting Canadians. It is a well-known fact that the prevalence of asthma among children has increased over the years. According to the 1996-97 national population health survey, over 2.2 million Canadians have been diagnosed with asthma. Asthma, bronchitis and chronic obstructive pulmonary disease afflict over 3.7 million Canadians.

Breathing problems are not the only thing we should be concerned about. Air pollution also affects the heart. Cardiovascular disease is responsible for 40% of all mortality in Canada.

These illnesses are exacerbated and, to some degree, are caused by air pollutants.

Most people think only in terms of outdoor pollution but I want to talk today about the air we breathe indoors, where we spend as much as 90% of our time.

One particular indoor air pollutant is radon, which occurs naturally in the ground in many areas of Canada, particularly northern Canada. This is an air pollutant for which this government is planning immediate action. Radon is the largest source of radioactive exposure to Canadians. New scientific evidence demonstrates an elevated risk of levels of radon found in many Canadian homes. Exposure to radon accounts for 1,900 lung cancer deaths every year in Canada and is second only to tobacco smoke as the primary cause of lung cancer.

The government is currently preparing to roll out a new indoor air quality guideline for radon as a basis for taking action to reduce expose and associated health impacts. The clean air act would provide important authorities which can be used to ensure that we have the tools to effectively manage and promote the actions required to reduce or eliminate this health risk.

Clearly, we have to take steps to reduce all the potential factors that increase the incidence of illness and death, especially in our children.

Canada's clean air act will give us the powers and the tools we need to deal with sources of indoor and outdoor air pollution.

Our proposed new clean air act, the centrepiece of the clean air regulatory agenda, would also amend the Canadian Environmental Protection Act and strengthen the Government of Canada's ability to take action to reduce air pollution and greenhouse gases, as I said, simultaneously, and provide explicit authority to regulate air pollutants and greenhouse gases without requiring that they be designated as toxic substances.

In the past there has been opposition to designating greenhouse gases as toxic, which impeded constructive discussions about their management. Canada's new government would no longer have to wait for an air pollutant to receive an official toxic declaration.

I believe all governments must act effectively and in unison with their respective jurisdictions but clearly there is a need for national leadership. We must put politics aside and finally move forward on real concrete solutions so we can manage air quality and service Canadians today and in the future.

[Bernard Bigras, Bloc, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, there is a clause in Bill C-30 about equivalency.

Would the Leader of the New Democratic Party be prepared to amend that equivalency clause to integrate a territorial approach that would enable provinces such as Quebec to implement their own greenhouse gas emissions reduction plan?

[Bernard Bigras, Bloc, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I am very pleased to participate in the debate on Bill C-30, Canada's clean air act, as the government is calling it. This bill amends three existing acts: the Canadian Environmental Protection Act, the Energy Efficiency Act and the Motor Vehicle Fuel Consumption Standards Act.

We have been waiting a long time for the Conservative government to tell us what it plans to do to fight climate change and smog. We waited a long time because up to now, the policies of the Conservative Party, a political party on the verge of taking power more than a year ago, had nothing to offer in terms of measures or an effective plan to respect Canada's commitments under the Kyoto protocol signed in that Japanese city in 1997.

The bill before us here today is a far cry from what we were expecting. First of all, we were expecting a plan and a bill that would integrate the targets for greenhouse gas reductions set out by the Kyoto protocol, especially during the first phase of reductions of greenhouse gas emissions. Similar to Bill C-288, which is currently in committee, we were expecting this bill to include a 6% reduction in greenhouse gas emissions between 2008 and 2012, compared to 1990 rates.

Not only does this nearly 36-page bill never mention Kyoto, it also never refers to this target for reducing greenhouse gases during the first phase of targeted reductions. I would remind the House that this target was endorsed by Canada.

The bill also contains nothing about the second phase of reductions or the government's intentions. The only target the government is proposing here today to fight climate change is a target somewhere between 45% and 65% in greenhouse gas reductions by 2050, as though we can continue to produce greenhouse gases without worrying about short-, medium- and long-term targets for reductions. This is no different than presenting a business plan to a board of directors of a private company—and I wonder what the government would do—with no short- or medium-term goals, but only one objective for 2050.

Personally, I think that board of directors would send its managers back to do their homework, so that they could present a realistic plan that respects the international commitments signed by Canada.

Not only does the bill set a target for 2050, but the reference level for this 45% to 65% reduction in emissions is 2003, rather than 1990 as set out by Kyoto.

What does that mean in reality? It means that we will start calculating the reduction in greenhouse gas emissions in 2003, as if nothing happened in the provinces or certain industrial sectors before 2003. Yet the Province of Quebec—sadly, we are just a province, even though we are now a nation—is one of the first provinces to have tabled a plan to fight climate change.

Quebec is prepared to comply with greenhouse gas reduction targets that use 1990 as the reference year. But the government is proposing 2003 as the reference year, as if it were possible to emit more greenhouse gas before 2003. In addition, this bill does not provide for offsetting credits for industrial sectors that have reduced their emissions in relation to 1990 levels.

This bill therefore does not comply with the international commitments signed by Canada. In introducing Bill C-30, Canada has flip-flopped on its international environmental commitments.

This government has also decided to set aside something that is vital to Quebec: the principle of equity. Past efforts by the provinces and territories and by industries should be recognized under the government's bill, yet there is nothing in the bill that does this.

In addition, we are expecting major efforts in transportation, an important sector in Quebec. What is the government proposing? Essentially, it is telling us that the voluntary approach that the government has agreed on with the auto industry can continue on its merry way until 2011. After 2011, the government will consider regulations based not on the most effective criteria and standards in North America—those in California—but on standards comparable to those of the U.S. Environmental Protection Agency.

They have decided, in terms of automobile manufacturing standards, to use lower benchmarks, and thus lower the standards, when Canada should be using its regulations to raise them. Worse yet, we learned just this morning that the government will have two systems for the industrial sectors: one that will be based on the intensity of emissions and another on the absolute reduction in greenhouse gas emissions.

It has been decided in Canada to spare the oil and gas industry at the expense of the industrial sectors that have made some efforts in the past. This is the second unfair factor: after the territorial aspect, or the non-recognition of the efforts made by Quebec since 1990, this is unfair to the industrial sector, in that Canada's oil industry is being spared.

We are indeed in favour of referring Bill C-30 to committee, but we believe that fundamental improvements need to be made to this bill. Recognition of the Kyoto targets, especially in the first phase, must be seen in the very essence and spirit, the principle and preamble of the bill.

We need stronger commitments and an immediate plan that will allow us to take action in the second phase of greenhouse gas emissions reduction, a year from now, in Bali, when the international community will begin to reflect on the system that should be applied in this second phase. The only debate we are having in this House is on the reduction objective for 2050.

Let me say again: if executives were to present this plan to a board of directors, they would be sent back to the drawing board to come up with reduction targets for the short, medium and long terms.

I will close by addressing a major aspect that we will defend in the parliamentary committee: this principle of acknowledging the territorial approach. We have not, thus far, been able to achieve our greenhouse gas emissions reduction targets because the proposed plans require reduction from coast to coast and Canada's economic structure differs from one province to another, while Quebec's energy policy also differs from those of the other provinces.

In committee, we will be working on having this territorial approach recognized within Bill C-30.

[John Godfrey, Liberal, Don Valley West, ON]

Mr. Speaker, first I would like to congratulate the member for Saint-Laurent—Cartierville on his victory in Montreal on the weekend. He won because of his passion and credibility on the issues of the environment and sustainable development. He made the environment the main pillar of his program and rightly so in light of climate change. It is in the spirit of this victory for the environment that we will be studying Bill C-30 starting today.

What is our approach? The role of the official opposition is to be responsible and take action based on principles. Our role is to identify—together with the other opposition parties, the government and the environmental NGOs— practical solutions that will improve this bill.

We are not insisting on the fact that this bill is a Liberal initiative so that we can take all the credit. That is not how we do things. What we will insist on is that this bill be the best possible bill for the environment, for Canadians, especially with regard to the fight against global warming.

What is at stake here in this bill is nothing less than the greatest challenge facing humanity today, the first order of business: dealing with global warming.

Our position since the government first introduced the bill has taken the following lines. First, that this bill is not necessary and that the Canadian Environmental Protection Act contained all the necessary power to combat climate change and, indeed, air pollution.

Second, which I think was demonstrated by the minister's speech, with all respect, that to bring the two elements together is deliberately confusing. Air pollution and climate change are not the same thing. They can be linked and they can be related but they frequently and most often require different strategies and different solutions.

Climate change is primary, a precondition for every other policy that any government would want to bring forward. If we do not deal with it first and foremost, we will not get around to the rest of it, whether it is air pollution or anything else that the government might bring forward.

Our third criticism is that this bill is not Kyoto compliant nor is it even Kyoto relevant. There is no reference in the bill or the notice of intent to regulate to Kyoto standards. It is important to consider the bill and the notice of intent to regulate as a package.

Fourth, there are no short term goals for greenhouse gas reductions. We are not talking intensity. We are talking reductions. There is no reference to Kyoto's first implementation period of 2008 to 2012. There are no regulations for greenhouse gases coming into force before 2010, unlike project green which saw regulations, not voluntary measures, coming into place for large final emitters by 2008.

The fifth point is that goals for greenhouse gas reductions in the medium and long term are not ambitious enough.

The sixth point is that the bill, as written, actually weakens the Canadian Environmental Protection Act by creating unnecessary and ambiguous alternate lists for greenhouse gases and air pollutants.

The final point is that the provincial equivalency agreements are not as strong in the proposed bill as they are currently under CEPA.

Our original intent was to vote against the bill at second reading since we could not accept its fundamental principles or the accompanying notice of intent to regulate. Our current intention, now that the bill is at first reading and can be amended, is to produce amendments which meet our original criticisms, as I have outlined, and work with the government, opposition parties and environmental groups to produce a serious piece of legislation.

I will not today speak to the air pollution sections because we can work to improve those sections. However, air pollution is not where the problems lie.

I will begin by simply suggesting the key deletions that need to be made to this bill. First, the changes that weaken the provincial equivalency provisions of CEPA and, second, the creation of unnecessary new categories of greenhouse gases and air pollutants and the parallel regulatory authorities created along with those categories that put the federal power to regulate these substances at risk.

As to the targets and purposes of this legislation, for Kyoto, Bill C-30 must be amended to make explicit reference to Canada's obligations under the United Nations Framework Convention on Climate Change and its Kyoto protocol. This should include a reference to Canada's 2008 to 2012 target from article 3, paragraph 1 of the Kyoto protocol of a reduction of greenhouse gas emissions to 6% below Canada's 1990 level.

For medium and long term targets, Bill C-30 must be amended to include a long term target for Canada of at least an 80% reduction in greenhouse gas emissions below 1990 levels by 2050. For the periods 2015 to 2050, interim targets should be established at five year intervals, with a 2020 interim target set at a level of at least 25% below the 1990 level.

Through Bill C-30, the following principles should be added to the preamble of CEPA. Canada's climate policy must be guided by the ultimate objective of the UN Framework Convention on Climate Change, which is to prevent dangerous anthropogenic climate change. This means keeping global average temperature increases under two degrees Celsius relative to pre-industrial levels.

Canada needs to commit to doing its fair share to combat this global problem. We need the use of hard caps on greenhouse gas emissions that increase in stringency if the science shows that further efforts are needed. There should be no trade-offs between cleaner air and greenhouse gas reductions.

For more detail, we need some sectoral amendments. For heavy industry, we need an amendment requiring the governor in council to limit greenhouse gas emissions from heavy industry through regulations that take effect no later than January 1, 2008 for the period 2008 to 2012. The amendment must include a hard cap on emissions that impose a Kyoto target on heavy industry. This means working toward a reduction to 6% below industry's 1990 emission levels for all final emitters. We need an auction of permits with the option of revenue recycling for economic efficiency.

We also need a linkage to other Kyoto compliant emissions trading systems. For vehicles, we need an amendment that would require the governor in council to impose regulated vehicle emission standards set to match or exceed the California vehicle standards, with those regulations coming into force for the 2009 model year.

On energy efficiency, a preamble should be added to the Energy Efficiency Act that supports setting continuous economy-wide improvement targets in energy efficiency in Canada, with two new sections to be added to the Energy Efficiency Act. First: the governor in council would be required to prescribe energy efficiency standards for all energy using products that are responsible for significant or growing energy consumption in Canada. Second, the governor in council would be required to review all energy efficiency standards within three years after they were introduced or amended and every third year thereafter. Through this review, every energy efficiency standard must be made to meet or exceed the most stringent levels found in North America.

On the issue of governance, we need a budgetary policy that would require the Minister of Finance to table an analysis of the projected greenhouse gas impacts of the Government of Canada's budgetary policy, disaggregated by measure, at the same time that the minister tables the annual budget.

Finally, we need the creation of an emissions reduction agency that would draw on the model of the California air resources board and create an arm's length agency responsible for climate research, regulation and the development of science based, interim, greenhouse gas targets for Canada.

With this package of amendments, we would turn Bill C-30 into a real bill for climate change and a real bill for air pollution reduction. However, we must remember that the first order of business must be global warming and climate change without which no other government activity will matter if we cannot start by saving the planet.

[Rona Ambrose, Conservative, Edmonton—Spruce Grove, AB]

Mr. Speaker, all of the hon. member's questions raise exactly the point as to why we should get this bill to a legislative committee as quickly as possible to address these issues.

I would submit to him that we should not have to choose between regulating air pollution and regulating greenhouse gases. What we have learned from other jurisdictions and from the measures put in place by the last government is that it is not enough. We did not go far enough. We definitely did not go far enough when it comes to air pollution.

We know now that taking an integrated approach to addressing both of these issues is key to the health of Canadians and key to the health of our environment, because one technology to reduce greenhouse gases may in fact result in increased air pollution, and vice versa, depending on fuel choices and many other related issues.

On the issue of Kyoto, Bill C-30 is a piece of domestic legislation so that Canada can finally make emissions reductions here at home. Obviously the discussion at the committee will involve whether or not this legislation is going to contribute to our overall Kyoto compliance and how, but what I will say is that we can finally say something positive to the international community, and we did deliver this positive message in Nairobi, which is that because Canada is finally moving toward mandatory, regulated emissions reductions, we will be able to make a contribution to the global effort to reduce greenhouse gases. We also delivered the message to the international community that we will also be reducing air pollution, which is obviously a priority for all of the member countries as well.

Again, in Nairobi, Canada was one of over 162 countries that led us to a consensus, and the consensus was that the Kyoto protocol needs to undergo a review. Canada supports a review of the Kyoto protocol to make sure that as we move forward to the next compliance period we make sure that we do not make the mistakes that were made previously.

We also introduced strong accountability frameworks around some of the international programs that the member raises. Again, the member needs to make a distinction between taxpayer funded programs and programs that are market driven. The Kyoto protocol has some mechanisms that are supposed to be used by the market, but the previous government was using taxpayers' dollars to invest in those projects. We believe that if it is industry led, that is fine.

The bottom line is that under the Liberal plan the taxpayer was paying and under the Conservative plan the polluter will pay. That is the substantial difference.

On short term targets, I welcome input from all parties leading up to January and through our legislative committee to help us set short term targets that are achievable and that will not ruin our economy but will instead encourage our economy to make a transformation into a green economy. I would thank the member for whatever he would like to add to the committee.

[Rona Ambrose, Conservative, Minister of the Environment]

moved:

That Bill C-30, An Act to amend the Canadian Environmental Protection Act, 1999, the Energy Efficiency Act and the Motor Vehicle Fuel Consumption Standards Act (Canada's Clean Air Act), be referred forthwith to a legislative committee.

Mr. Speaker, it is my honour to rise today in my capacity as Canada's Minister of the Environment to speak to Bill C-30, Canada's clean air act, which marks a bold new era of environmental protection as this country's first comprehensive and integrated legislation to reducing air pollution and greenhouse gases.

I welcome all who are present today to discuss Canada's clean air act, understanding that our commitment to a better future for all Canadians is unwavering.

The environment is a sacred trust, bestowed on us by our ancestors to embrace and preserve for our country's future. Canada's new government intends to uphold this responsibility, which is why it is important that consideration of Bill C-30, Canada's clean air act, begin as soon as possible.

The environment is a concern to all of us. Greenhouse gas emissions and air pollutants transcend borders and affect the health, environment and well-being of all Canadians.

Since taking office, our government has undertaken a number of important environmental initiatives. These include: action to reduce the release of mercury into our surroundings; reductions to the release of toxic substances from base metal smelters; new tax incentives for the banking of environmentally sensitive lands; funding for the development of renewable fuels; and the introduction of new infrastructure funding dedicated to public transit, as well as tax credits for the people who use public transportation.

The opposition has criticized Canada's clean air act, but have yet to identify one single clause in the act with which they disagree. Instead, the opposition has introduced two private members' bills that ignore the issue of targeting air pollution.

Not surprisingly, after decades of neglecting air pollution, the state of the environment this government has inherited from the newly elected Leader of the Opposition jeopardizes the health of every Canadian, but especially the most vulnerable in our society, our children and seniors, who suffer disproportionately from smog, poor air quality and environmental hazards.

Our government shares the concerns of Canadians about the environment and the quality of the air that we breathe.

Addressing only greenhouse gases is not enough. We must also address air pollution. Poor air quality is not a minor irritant to be endured, but a serious health issue that poses an increasing risk to the well-being of Canadians.

Again, Canada's clean air act is the first legislation to address both air pollution and greenhouse gases in an integrated fashion. Greenhouse gas emissions degrade Canada's natural landscape and pose an imminent threat to our economic prosperity.

Canada's clean air act represents real, concrete action to achieve results through mandatory, strict regulations.

We are sharply focusing our efforts on addressing the greatest threats to the health and well-being of Canadians. We need tough pollution regulations that measurably reduce asthma, chronic bronchitis and lung cancer by improving both indoor and outdoor air quality. This is why our government will take unprecedented action to regulate indoor air pollution, the second highest cause of lung cancer in non-smokers.

Canada's clean air act is the first legislation to recognize that most sources of air pollutants are also sources of greenhouse gases and they must be addressed together. Canada's clean air act proposes a comprehensive set of amendments to the Canadian Environmental Protection Act, to the Energy Efficiency Act and the Motor Vehicle Consumption Standards Act.

Canada's clean air act contains crucial new provisions that will expand the powers of the federal government to address the existing inefficient voluntary standards and move to strict enforceable regulations.

By strengthening and bringing more accountability to our existing laws, Canada's clean air act requires the Ministers of the Environment and Health to: establish, monitor and report on new national air quality objectives tied to the health of Canadians; report to Parliament on the effectiveness and the progress of our programs; and move from voluntary to mandatory, enforceable regulations.

Canada's clean air act is needed to ensure that renewable fuel requirements can be implemented in an efficient and effective manner to provide cleaner fuels for our cars. A biofuels industry will lead to substantial reductions in greenhouse gas emissions and air pollution and unprecedented economic opportunities for Canada's agricultural industry.

The government is also consulting on options surrounding an emissions trading regime.

That is why the government, through Canada's clean air act, is consulting on options that allow trading and that align our compliance regimes to support the implementation of a trading system that results in the lowest cost opportunities for emissions reductions for industry.

We have been clear that any trading system must be market driven, not subsidized by taxpayer dollars. Unlike previous governments, our government will not purchase credits or create an artificial trading market subsidized by taxpayer dollars.

The second key difference in our approach on clean air lies in our focus on mandatory, strict regulations. Past governments relied on voluntary measures, satisfied that industry could set its own standards.

The environment commissioner confirmed that this is not acceptable or workable and condemned the former environment minister, the newly elected Leader of the Opposition, by stating that the measures were “not up to the task of meeting the Kyoto obligations”. She went on to say that the Leader of the Opposition's efforts were inadequate, lacked accountability, and would have never reduced greenhouse gas emissions below 1990 targets.

Canadians will be glad to know that those days are over. From now on, all industry sectors, including the auto sector, will have mandatory requirements, and we will enforce those requirements. Our plan puts the health of Canadians and the health of our environment first.

Any polluters that go over their air pollution targets will be fined and all money will go toward an environmental damages fund.

We also have an ambitious long term target aimed at absolute reductions in greenhouse gas emissions, up to 65% by 2050, as recommended by the National Round Table on the Environment and the Economy.

The previous government signed and ratified the Kyoto protocol without an implementation plan to achieve results. That inaction and those empty promises have left Canadians with a 35% increase in greenhouse gas emissions above the targets set by the Liberals.

We must move beyond the arbitrary and unattainable targets set by the Liberals and work together at setting achievable targets. We must lead the world by example and show them that through government cooperation with industry we can make vast improvements for the health of Canadians and the health of the planet while still maintaining one of the most robust economies in the world.

By spring 2007, the government will announce short term targets for air pollution and greenhouse gases, and industry will have to meet these regulations within four years.

Our approach also encourages technological change. Technology plays an essential role in reducing air pollution and greenhouse gas emissions and provides us with huge economic opportunities.

We will also introduce mechanisms to encourage and facilitate investment in new technology, but we will not use a carbon tax, because the only people who end up paying are Canadian taxpayers and we think that they have paid enough through their health. Under a Conservative government, it will only be the polluter that will pay.

Any industry that goes over its greenhouse gas limits will have the option of paying into a Canadian technology fund to comply with the regulation. The money paid into the fund will be reinvested in technology to reduce greenhouse gases.

The third key difference in our approach on clean air is that we are taking action right here in Canada. Canadians will be able to hold our government and industry accountable for achieving results.

We will be accountable to Canadians by reporting on our progress in a public annual air quality report and we will be held accountable through measurable outcomes linked to the health of Canadians. We will also be accountable to Parliament by mandatory annual reporting to Parliament on our actions and their effectiveness to reduce air pollution and greenhouse gases.

Rest assured that Canada will continue to be a constructive player in global efforts to address climate change, but we need to clean up our own backyard and set an example for the rest of the world. We will set an example by leading here at home and we do not plan to do this by purchasing international climate change credits to meet unachievable targets as a substitute for a concrete regulatory agenda to reduce Canada's own emissions.

This government has charted a fundamentally new course on the environment. Canada's clean air act and Canada's clean air regulatory agenda will set strict, enforceable regulations that will result in concrete, realistic action to protect the health of Canadians and the environment for generations to come.

Business of the House

[Rob Nicholson, Conservative, Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Speaker, I will do better than just tell the hon. member what will happen next week, I will tell him how we will conclude this week.

This afternoon we will be on the report stage of Bill C-24, the softwood lumber agreement. As you may know, Mr. Speaker, tomorrow and Friday the House will be adjourned for the Liberal leadership convention, and we will all be watching that with interest.

On Monday it is my intention to call ways and means Motion No. 12, a motion to refer Bill C-30, the clean air act, to a legislative committee before second reading. We will continue that week with Bill S-5, on tax conventions, and Bill C-34, on the first nations education agreement.

On Tuesday we will then consider the third reading stage of Bill C-24.

Later on that week it is my hope that we will begin the debate on the marriage motion. I will continue to consult my colleagues with respect to a date for the final vote on that. After that it is my intention to proceed with Bill C-28, the budget tax measures.

I hope that is of help to the hon. member.

[Rob Nicholson, Conservative, Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Speaker, we will be calling that debate that the hon. member just mentioned in due course.

Today, we will continue the debate on Bill C-27, the dangerous offenders act.

There is an agreement to complete Bill C-25, proceeds of crime, tomorrow. In a few moments I will be asking the approval of the House for a special order in that regard.

When the House returns from the Remembrance Day break, we intend to call for debate a motion in response to the much anticipated message from the Senate regarding Bill C-2, the accountability act. As well, we hope to complete the report and third reading stages of Bill C-24, the softwood lumber act.

Thursday, November 23 will be an allotted day

I want to inform the House that it is the intention of the government to refer Bill C-30, the clean air act, to a legislative committee before second reading.

The Environment

[Rona Ambrose, Conservative, Minister of the Environment]

Mr. Speaker, I invite the opposition to read sections 27, 29 and 33 of Canada's clean air act, which allow for a North American trading system. Like the acid rain agreement, what we need is a North American solution. We are therefore consulting industry and the provinces regarding short term targets.